Department of Education v. Heirs of Regino Banguilan

Summary

The Supreme Court upheld the heirs' right to recover possession of registered land occupied by the Department of Education for over 50 years. Despite DepEd's long occupation of the property for school purposes since the 1940s, the Court ruled that their possession was merely by tolerance of the registered owner and his heirs, not adverse possession. The Court emphasized that registered lands under the Torrens System cannot be acquired through prescription or laches, and that a registered owner's right to recover possession is imprescriptible when occupation is by mere tolerance. The heirs were granted options under Article 448 of the Civil Code to either appropriate the school structures after paying indemnity or compel DepEd to purchase the land, with the Court suggesting expropriation as DepEd's remedy to address the public interest in maintaining the school.