The Supreme Court has mandated that the Department of Education (DepEd) vacate a Cagayan property it has occupied for decades, citing a stronger legal claim by the rightful owner, Princess Joama Caleda. In a 15-page decision released by the court’s Second Division, the DepEd’s petition for review was denied, and the order was made to return the land to Caleda. Authored by Senior Associate Justice Marvic Leonen, the decision emphasized that a public institution can only retain a property for public use without a title if there is implied owner consent, evidenced by delayed assertion of rights.
Caleda acted promptly by sending demand letters and filing a claim within two years of discovering the school’s occupation. Although the Supreme Court’s findings are provisional, addressing only possession recovery, they don’t prevent the State from pursuing expropriation separately.
The legal disputes arose when Caleda bought the land in 2014 and discovered its occupation by DepEd’s Solana Fresh Water Fishery School. Despite sending multiple demand letters, the DepEd did not vacate, prompting Caleda to seek legal action. The trial court, followed by the Court of Appeals, ruled in Caleda’s favor, dismissing DepEd’s claim based on an unrelated 1965 deed of sale.
DepEd contended that public policy protects its occupancy and suggested exercising eminent domain, but the Supreme Court found no evidence supporting ownership transfer to DepEd. Furthermore, it critiqued DepEd for altering its defense strategy from ownership claims to eminent domain during the appeal process, stating the appeal could not become an expropriation proceeding.
