11/09/2025
The (SC) has ruled that a public institution must vacate the land it occupies if it lacks permission from the rightful owner and the owner has a better right of possession.
In a Decision written by Senior Associate Justice Marvic M.V.F. Leonen, the SC’s Second Division ordered the Department of Education (DepEd) to vacate and return a parcel of land to its owner, Princess Joama Marcosa A. Caleda (Caleda).
In 2014, Caleda bought a 10,637 square meter rice land in Cagayan through an Extrajudicial Settlement of Estate with Waiver of Rights and Sale signed by the heirs of the registered owner, Bueno Gallebo (Gallebo).
However, when Caleda later visited the land for a relocation survey, she discovered that it was being occupied by the Solana Fresh Water Fishery School (the School), a public institution under DepEd Regional Office 2.
Caleda sent several demand letters for DepEd to vacate the land, but received no reply. She then filed a case to recover possession of the land and remove any structures built on it.
DepEd argued that government agencies cannot be evicted from land already used for public purposes. It claimed it had the right to take over the property through its power of eminent domain, and that Caleda’s only remedy was to ask for just compensation.
Ruling in favor of Caleda, the SC found that the latter had clearly proven her better right to the property. Her land title was valid and accurately described the land, unlike the School’s deed of sale, which referred to an adjacent lot.
The SC emphasized that while the government can take private property for public use through its power of eminent domain, this must be done through proper legal proceedings and with payment of just compensation. Because no expropriation process was initiated in this case, the School could not retain the land simply by offering to pay for it.
The SC also clarified that a public institution can only prevent eviction if the property owner fails to assert their rights in time, which is considered an implied acceptance.
In this case, Caleda acted quickly—sending demand letters, talking to DepEd, registering her claims, and filing a case within two years of discovering the School’s occupation of the property.
Read the full text of the Press Release at https://tinyurl.com/y35skjpf.
Read the full text of the Decision at https://tinyurl.com/58ja5trh.