Gov’t must leave land without valid ownership claim — Supreme Court
MANILA, Philippines — The Supreme Court has ruled that a public institution must vacate land it occupies if it does not have the owner's permission and the owner has a superior right of possession.
In a 15-page decision penned by Associate Justice Marvic Leonen dated April 21, 2025, the high court ordered the Department of Education (DepEd) to vacate and return a 10,637-square-meter parcel of land to its owner, Princess Joama Marcosa Caleda.
The dispute began in 2014 when Caleda purchased a rice land in Cagayan through a legal settlement and sale with the heirs of the original registered owner, Bueno Gallebo.
Upon visiting the property for a survey, Caleda discovered that it was being occupied by the Solana Fresh Water Fishery School, a public institution under DepEd.
After her demand letters to DepEd went unanswered, she filed a case to recover possession of the land.
DepEd contended that the school had purchased the land from Gallebo in 1965 and had been occupying it since.
However, the Municipal Circuit Trial Court, the Regional Trial Court, and the Court of Appeals all sided with Caleda, who proved her superior right to the property. This prompted DepEd to file a petition before the Supreme Court.
The Education department argued that government agencies cannot be evicted from land used for public purposes and that its power of eminent domain allowed it to retain the property by simply paying just compensation.
Eminent domain refers to the power of the state to obtain private property for public use, with the condition that the state will give just compensation to the owner of the private property.
Ruling. The high court upheld the lower courts' decision in favor of Caleda.
The Court found that Caleda's land title was valid and accurately described the property, whereas the school's deed of sale referred to an adjacent lot.
“Thus, the trial courts did not err in ruling that respondent had a better right to possess Lot No. 7421. She was able to prove her ownership of the property through a preponderance of evidence,” the court’s ruling read.
The ruling clarified that while the government can acquire private property for public use through eminent domain, this must be done through proper legal proceedings and with due payment of just compensation, neither of which occurred in this case.
“Here, it is undisputed that petitioner (DepEd) failed to file an expropriation case to acquire the subject lot. In fact, petitioner abandoned its initial defense in the lower courts, which claimed ownership of Lot No. 7421 based on a Deed of Sale, and only raised the argument of eminent domain for the first time before this Court,” the Supreme Court’s ruling read.
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