10/09/2025
SUPREME COURT: GOVâT MUST VACATE LAND IF PRIVATE OWNER PROVES STRONGER CLAIM
Land is land â even government canât just take it.
In a landmark ruling, the Supreme Court declared that public institutions must vacate private land if the rightful owner presents a stronger legal claim, even if the property is being used for public purposes.
In a 15-page decision penned by Senior Associate Justice Marvic Leonen, the SCâs Second Division ordered the Department of Education (DepEd) to return a 10,637-square-meter property in Cagayan to its rightful owner, Princess Joama Marcosa Caleda.
Caleda acquired the land in 2014 through an extrajudicial settlement and sale from the heirs of the registered owner, Bueno Gallebo. But to her surprise, the property was already being used by the Solana Fresh Water Fishery School, a DepEd-run institution.
Despite sending multiple demand letters, DepEd refused to vacate, claiming it had bought the land from Gallebo way back in 1965 and had been using it ever since. The agency also argued that, as a public institution, it couldnât simply be kicked out of land already being used for public service, citing the stateâs power of eminent domain.
But the Supreme Court didnât buy it.
The Court pointed out that the supposed sale to the school referenced a different lot, while Caleda held a valid title clearly describing the disputed land. It also stressed that no expropriation proceedings or payment of just compensation had ever taken place, a requirement under the Constitution when taking private land for public use.
Most importantly, the Court ruled that the government cannot just âstayâ on private land by offering to pay later.
âA public institution may be ordered to vacate a property devoted to public use if it is shown that the owner did not consent to the occupation and that the owner has a better right of possession,â the SC said.
Caledaâs swift and consistent assertion of her rights also blocked any claim that she had consented, explicitly or implicitly, to the schoolâs occupation.
The message is clear: public use does not override private ownership without due process.