Puzon v Abellera Digest

G.R. No. 75082 July 31, 1989

Retroactivity

Facts:

The oppositor appellee Alejandra Abellera (substituted upon her death by Domondon) was the owner of the subject 2-hectare parcel of land situated in Baguio City, a land which was previously part of the public domain but was titled pursuant to RA 931. In another case Republic v Pio Marcos, the Supreme Court declared that all titles issued under RA 931 are null and void since the said Act was applicable only to places covered by cadastral proceedings, and not to the City of Baguio which was covered by a townsite reservation.

This same ruling was subsequently incorporated into a law, P.D. 1271 with the title "An act nullifying decrees of registration and certificates of title covering lands within the Baguio Townsite Reservation pursuant to RA 931 which took effect on December 22, 1977. PD 1271 considered as valid certain titles of lands that are alienable and disposable under certain conditions and for other purposes. Hence, the lot in question was reverted to the public domain.

The subject lots were sold in an auction sale due to the non-payment of taxes.\Petitioner took interest and subsequently won the bid. A year after, a certificate of sale was issued. In this connection, the petitioner filed a case to consolidate his ownership of the lots. Meanwhile, Domondon found out about the auction sale and filed an opposition to the petition for consolidation filed by petitioner. The trial court ruled that said auction sale is null and void and that the assessments were illegally made. This was affirmed by the Court of Appeals. Hence this petition with petitioner contending that the tax assessments were valid and that PD 1271 has a curative effect.

Issue: Whether or not PD 1271 can be applied retroactively

YES. Article 4 of the New Civil Code prohibits the retroactive application of laws unless expressly provided therein, such rule allows some exceptions and PD 1271 falls under one of the exceptions. The intent of PD 1271 is necessarily to make such titles valid from the time they were issued. This implies that the intent of the law is to recognize the effects of certain acts of ownership done in good faith by persons with Torrens titles issued in their favor before the cut-off date stated, honestly believing that they had validly acquired the lands. And such would be possible only by validating all the said titles issued before 31 July 1973, effective on their respective dates of issue. However, the validity of these titles would not become operative unless and after the conditions stated in PD 1271 are met.