MANILA – The Supreme Court (SC) has ordered the Department of Education (DepEd) to vacate a parcel of land in Cagayan after ruling that its current occupant, the Solana Fresh Water Fishery School, had no valid claim to the property.

In a Decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the SC’s Second Division directed DepEd to return the 10,637-square-meter rice land to its owner, Princess Joama Marcosa A. Caleda.

Caleda purchased the property in 2014 through an Extrajudicial Settlement of Estate with Waiver of Rights and Sale signed by the heirs of registered owner Bueno Gallebo. Upon conducting a relocation survey, she discovered the land was being occupied by the public school under DepEd Regional Office 2.

Despite several demand letters, DepEd did not respond, prompting Caleda to file a case to recover possession.

DepEd argued that the School had bought the land from Gallebo in 1965 and had been in possession ever since. It also claimed that government agencies cannot be evicted from land already devoted to public use, invoking the State’s power of eminent domain.

The Municipal Circuit Trial Court, Regional Trial Court, and the Court of Appeals all ruled in favor of Caleda. The SC affirmed these rulings, declaring her ownership superior after finding that her land title was valid and accurately described the property. In contrast, the School’s deed of sale referred to an adjacent lot.

The High Court clarified that while the government can acquire private land for public use, this must follow proper expropriation proceedings with just compensation. Since no such process was undertaken, the School could not legally retain the land by merely offering to pay for it.

It further noted that a public institution may prevent eviction if the rightful owner fails to assert their claim in time, but ruled that Caleda acted promptly by sending demand letters, engaging DepEd, registering her claims, and filing suit within two years of discovering the encroachment.