Cagayan: The Supreme Court (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 made public on Tuesday, the SC Second Division ordered the Department of Education (DepEd) to vacate and return a parcel of land to its owner, "Miss C."

According to Philippines News Agency, Miss C bought the 10,637-square-meter rice land in Cagayan in 2014 from the heirs of the registered owner. She later visited the land for a relocation survey and discovered that it was being occupied by the Solana Fresh Water Fishery School, a public institution under the DepEd. She then filed a case to recover possession of the land and remove any structures built on it.

The DepEd argued that the school had bought the land from the original owner in 1965 through a deed of sale and had been occupying it ever since. The Municipal Circuit Trial Court, Regional Trial Court, and the Court of Appeals, however, found that Miss C has the right to the land after establishing ownership. The DepEd elevated the case to the SC, arguing 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 Miss C's only remedy was to ask for just compensation. In ruling for Miss C, the SC found that she clearly proved 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.

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 stated. The SC also clarified that a public institution can only prevent eviction if the property owner fails to assert rights in time, which is considered an implied acceptance. In this case, Miss C 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.