COLLEGE OF LAW, NORSU

Case Digests on Property

Law
Johann Heinrih !a"ongo
#$%a"a& 's (ienio
)* SCRA *)+
Fats,
On 1 September 1955 Vicencio and Simeon,
defendants-appellants, executed a chattel
mortgage in favor of the Tumalads, plaintiff-
appellees over their house of strong materials
over a lot in Quiapo, hich ere being rented
from !adrigal " #ompan$, %nc& The mortgage
as executed to guarantee a loan of '(,)**&**
received from the Tumalads, pa$able ithin one
$ear at 1+, per annum& The mode of pa$ment
as '15*&** monthl$, %t as also agreed that
default in the pa$ment of an$ of the
amorti-ations ould cause the remaining
unpaid balance to become immediatel$ due and
pa$able, the #hattel !ortgage enforceable, and
the Sheriff of !anila authori-ed to sell the
!ortgagor.s propert$ after necessar$
publication& /hen Vicencio and Simeon
defaulted in pa$ing, the mortgage as
extra0udiciall$ foreclosed, and on +1 !arch
1952, the house as sold at public auction
pursuant to the said contract& 3s highest
bidder, the Tumalads ere issued the
corresponding certificate of sale&
On 1) 3pril 1952, the Tumalads commenced
case in the municipal court of !anila, pra$ing
that the house be vacated and its possession
surrendered to them, and for Vicencio and
Simeon to pa$ rent of '+**&** monthl$ up to
the time the possession is surrendered& The
municipal court rendered its decision in favor of
the Tumalads&
4efendant-appellants impugned the legalit$ of
the chattel mortgage claiming that the$ are still
the oner of the house but aived their rights
to introduce evidence&
5earl$ a $ear after the foreclosure sale the
mortgaged house had been demolished on 1(
and 15 6anuar$ 1951 b$ virtue of a decision
obtained b$ the lessor of the land on hich the
house stood for non-pa$ment of rentals&
-ss$es,

1& /O5 the sub0ect matter of the mortgage
hich is a house of strong material can
be sub0ect of real estate mortgage or a
chattel mortgage&
2. /hether or not the defendants are
legall$ bound to pa$ rentals to the
plaintiffs during the period of 1 $ear
provided b$ la for the redemption of
the extra0udiciall$ foreclosed house&
He"&,
The inclusion of the building separate and
distinct from the land in the enumeration of
hat ma$ constitute real propert$, that the
building is b$ itself an immovable propert$&
7oever deviations have been alloed for
various reasons speciall$ if it is stipulated in the
sub0ect of contract& %n the case at bar, although
there is no specific statement referring to the
sub0ect house as a personal propert$, $et b$
ceding, selling or transferring a propert$ b$ a$
of chattel mortgage, defendants-appellants
could onl$ have meant to conve$ the house as
a chattel&
7ence if a house belonging to a person stands
on a rented land belonging to another person, it
ma$ be mortgaged as a personal propert$ as so
stipulated in the document of mortgage& %t
should be noted that the principle is predicated
on statements b$ the oner declaring his house
to be chattel& 'art$ in a chattel mortgage
cannot 8uestion the validit$ of the chattel
mortgage entered into& The doctrine of
estoppels therefore applies to the defendant-
appellants&
Since the defendant-appellants ere occup$ing
the house at the time the auction of sale, the$
are entitled to remain in possession during the
period of redemption or ithin one $ear from
the date of auction sale and to collect the rents
or profits during the said period&
3nd since the plaintiff-appellees right to posses
as not $et born at the filing of the complaint,
there could be no violation or breach thereof&
The Supreme #ourt reversed the decision
appealed from and entered another dismissing
the complaint, ith costs against plaintiffs-
appellees&
!era"o 's C.AA
**) SCRA /0+
Fats,
1 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
'ursuant to a pipeline concession issued under
the 'etroleum 3ct of 19(9, 9epublic 3ct 5o&
:)1, !eralco Securities installed from ;atangas
to !anila a pipeline s$stem consisting of
c$lindrical steel pipes 0oined together and
buried not less than one meter belo the
surface along the shoulder of the public
higha$&
The pipes are embedded in the soil hile the
valves are elded to the pipes so as to ma<e
the pipeline s$stem one single piece of propert$
from end to end&
'ursuant to the 3ssessment =a,
#ommonealth 3ct 5o& (1*, the provincial
assessor of =aguna treated the pipeline as real
propert$ and issued Tax 4eclarations&
-ss$es,
/hether or not the !eralco Securities 'ipeline
S$stem in =aguna is a sub0ect to a realt$ tax&
He"&,
The #ourt ordered that #;33 did not ith grave
abuse and discretion and acted ithin its
0urisdiction in sustaining the holding of the
provincial assessor that !eralco Securities
'ipeline S$stem in =aguna is sub0ect to a realt$
tax for the folloing reasons that the pipes are
machiner$ or improvements and regarded as
realt$ because the$ are constructions adhered
to the soil& %t is attached to the land in such a
a$ that it cannot be separated therefrom
ithout dismantling the steel pipes hich are
elded to the pipeline& %n so far as the pipeline
uses valves, pumps and control devices to
maintain the flo of the oil, it is in a sense a
machiner$ ithin the meaning of the 9eal
'ropert$ Tax #ode&
Thus, the #ourt dismiss the petition and the
8uestioned decision and resolution of the loer
court is affirmed&
!era"o 's C.AA
**) SCRA /23
Fats,
This case is about the imposition of the realt$
tax on to oil storage tan<s installed in 1929 b$
!anila >lectric #ompan$ on a lot in San
'ascual, ;atangas hich it leased in 192) from
#altex ?'hil&@, %nc&
The storage tan<s are made of steel plates
elded and assembled on the spot& Their
bottoms rest on a foundation consisting of
compacted earth as the outermost la$er& The
tan< is not attached to its foundation& %t is not
anchored or elded to the concrete circular
all& %ts bottom plate is not attached to an$ part
of the foundation b$ bolts, scres or similar
devices& The tan< merel$ sits on its foundation&
'ipelines ere installed on the sides of each
tan< and are connected to the pipelines of the
!anila >nterprises %ndustrial #orporation&
The ;oard concludes that hile the tan<s rest
or sit on their foundation, the foundation itself
and the alls, di<es and steps, hich are
integral parts of the tan<s, are affixed to the
land hile the pipelines are attached to the
tan<s and re8uired !eralco to pa$ realt$ taxes
on the to tan<s&
-ss$e,
/hether or not the + oil tan<s installed b$
!eralco in ;atangas is a sub0ect to a realt$ tax&
He"&,
The S# ruled that hile the to storage tan<s
are not embedded in the land, the$ ma$,
nevertheless, be considered as improvements
on the land, enhancing its utilit$ and rendering
it useful to the oil industr$& %t is undeniable that
the to tan<s have been installed ith some
degree of permanence as receptacles for the
considerable 8uantities of oil needed b$
!eralco for its operations&
Thus, the to tan<s should be held sub0ect to
realt$ tax because the$ ere considered real
propert$&
7enceforth, the petition is dismissed& The
;oardAs 8uestioned decision and resolution are
affirmed&
.oar& o4 Assess%ent 's !era"o
*3 SCRA 25
+ 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
Fats,
The 'hilippine #ommission enacted 3ct 5o& ()(
hich authori-ed the !unicipal ;oard of !anila
to grant a franchise to construct, maintain and
operate an electric street raila$ and electric
light, heat and poer s$stem in the #it$ of
!anila&
!eralcoAs electric poer is generated b$ its
h$dro-electric plant located at ;otocan Balls,
=aguna and is transmitted to the #it$ of !anila
b$ means of electric transmission ires,
running from the province of =aguna to the said
#it$& These electric transmission ires hich
carr$ high voltage current, are fastened to
insulators attached on steel toers constructed
b$ respondent at intervals, from its h$dro-
electric plant in the province of =aguna to the
#it$ of !anila& The respondent !eralco has
constructed (* of these steel toers ithin
Que-on #it$, on land belonging to it&
The #it$ 3ssessor of Que-on #it$ declared the
aforesaid steel toers for real propert$ tax
under Tax&
9espondent paid the amount under protest, and
filed a petition for revie in the #ourt of Tax
3ppeals
-ss$e,
/hether or not the !eralco poles constitute
real properties so as the$ can be sub0ected to a
real propert$ tax&
He"&,
The S# ruled that !eralcoAs steel toers ere
considered poles ithin the meaning of
paragraph 9 of its franchise hich exempts its
poles from taxation& The steel toers ere
considered personalt$ because the$ ere
removable and merel$ attached to s8uare
metal frames b$ means of bolts and could be
moved from place to place hen unscreed
and dismantled& Burthermore, the$ are not
attached to an immovable in a fixed manner,
and the$ can be separated ithout brea<ing the
material or causing deterioration upon the
ob0ect to hich the$ are attached&
Note,
Poles - as used to denote the steel toers of
an electric compan$ engaged in the
generation of h$dro-electric poer
generated from its plant&
Ca"te6 's C.AA
**) SCRA /72
Fats,
This case is about the realt$ tax on machiner$
and e8uipment installed b$ #altex ?'hilippines@
%nc& in its gas stations located on leased land&
The machines and e8uipment consists of
underground tan<s, elevated tan<, elevated
ater tan<s, ater tan<s, gasoline pumps,
computing pumps, ater pumps, car asher,
car hoists, truc< hoists, air compressors and
tireflators&
The building or shed, the elevated ater tan<,
the car hoist under a separate shed, the air
compressor, the underground gasoline tan<,
neon lights signboard, concrete fence and
pavement and the lot here the$ are all placed
or erected, all of them used in the pursuance of
the gasoline service station business formed
the entire gasoline service-station&
The lessor of the land, here the gas station is
located, does not become the oner of the
machines and e8uipment installed therein&
#altex retains the onership thereof during the
term of the lease&
-ss$e,
/hether or not the pieces of gas station
e8uipment and machiner$ enumerated are
sub0ect to realt$ tax&
He"&,
The 3ssessment =a provides that the realt$
tax is due Con real propert$, including land,
buildings, machiner$, and other
improvementsC&
S# hold that the said e8uipment and
machiner$, as appurtenances to the gas station
building or shed oned b$ #altex ?as to hich it
is sub0ect to realt$ tax@ and hich fixtures are
necessar$ to the operation of the gas station,
for ithout them the gas station ould be
useless, and hich have been attached or
: 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
affixed permanentl$ to the gas station site or
embedded therein, are taxable improvements
and machiner$ ithin the meaning of the
3ssessment =a and the 9eal 'ropert$ Tax
#ode&
Note,
Improvements D is a valuable addition made to
propert$ or an amelioration in its
condition, amounting to more than
mere repairs or replacement of
aste, costing labor or capital and
intended to enhance its value,
beaut$ or utilit$ or to adapt it for
ne or further purposes&
Machinery D shall embrace machines,
mechanical contrivances,
instruments, appliances and
apparatus attached to the real
estate& %t includes the ph$sical
facilities available for production,
as ell as the installations and
appurtenant service facilities,
together ith all other e8uipment
designed for or essential to its
manufacturing, industrial or
agricultural purposes&
US 's Car"os
/* Phi" 88+
Fats,
%gnacio #arlos has been a consumer of
electricit$ furnished b$ the !anila >lectric
9ailroad and =ight #ompan$ for a building
containing the residence of the accused and :
other residences& 9epresentatives of the
compan$ believing that more light is consumed
than hat is shon in the meter installed an
additional meter on the pole outside #arlos.
house to compare the actual consumption and
found out that the latter used a 0umper& Burther,
a 0umper as found in a draer of a small
cabinet in the room of the defendant.s house
ere the meter as installed& %n the absence of
an$ explanation for #arlos. possession of said
device, the presumption raised as that #arlos
as the oner of the device hose onl$ use
as to deflect the current from the meter& Thus
he as charged ith the crime of theft
amounting to +,+1:E/ of electric poer orth
9*9&+* pesos&
-ss$e,
/hether or not the court erred in declaring that
the electrical energ$ ma$ be stolen&
He"&,
%t is true that electricit$ is no longer, as
formerl$, regarded b$ electricians as a fluid, but
its manifestation and effects, li<e those of gas,
ma$ be seen and felt& The true test of hat is a
proper sub0ect of larcen$ seems to be not
hether the sub0ect is corporeal, but hether it
is capable of appropriation b$ another than the
oner&
The court ruled that electricit$, the same as
gas, is a valuable article of merchandise,
bought and sold li<e other personal propert$
and is capable of appropriation b$ another& %t is
also susceptible of being severed from a mass
or larger 8uantit$, and of being transported
from place to place& So no error as committed
b$ the trial court in holding that electricit$ is a
sub0ect of larcen$&
.H .er9en9otter 's C$ Un:ieng
2* Phi" 22+
Fats,
The !abalacat Sugar #o&, %nc&, oner of the
sugar central situated in !abalacat, 'ampanga,
obtained from #u Fn0ieng e 7i0os, a loan
secured b$ a first mortgage constituted on to
parcels and land Cith all its buildings,
improvements, sugar-cane mill, steel raila$,
telephone line, apparatus, utensils and
hatever forms part or is necessar$
complement of said sugar-cane mill, steel
raila$, telephone line, no existing or that
ma$ in the future exist is said lots&
Shortl$ after said mortgage had been
constituted, the !abalacat Sugar #o&, %nc&,
decided to increase the capacit$ of its sugar
central b$ bu$ing additional machiner$ and
e8uipment, so that instead of milling 15* tons
dail$, it could produce +5*& The estimated cost
of said additional machiner$ and e8uipment
as approximatel$ '1**,***& %n order to carr$
out this plan, 3& Green, president of said
corporation, proposed to the plaintiff, ;&7&
;er<en<otter, to advance the necessar$ amount
for the purchase of said machiner$ and
e8uipment&
( 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
The president of the !abalacat Sugar #o&, %nc&,
applied to #u Fn0ieng e 7i0os for an additional
loan of '15,*** offering as securit$ the
additional machiner$ and e8uipment ac8uired
b$ said ;&3& Green and installed in the sugar
central after the execution of the original
mortgage deed, on 3pril +1, 19+1, together
ith hatever additional e8uipment ac8uired
ith said loan& ;&3& Green failed to obtain said
loan&
-ss$es,
/hether or not, the loer court erred in
declaring that the additional machiner$ and
e8uipment as improvement can be
permanentl$ attached to a mortgage of the
sugar central&
He"&,
That the installation of a machiner$ and
e8uipment in a mortgaged sugar central, in lieu
of another of less capacit$, for the purpose of
carr$ing out the industrial functions of the latter
and increasing production, constitutes a
permanent improvement on said sugar central
and sub0ects said machiner$ and e8uipment to
the mortgage constituted thereon&
Da'ao Saw !i""
2* Phi" 037
Fats,
The 4avao Sa !ill #o&, %nc&, is the holder of a
lumber concession from the Government of the
'hilippine %slands& %t has operated a samill in
the sitio of !aa, barrio of Tigatu, municipalit$ of
4avao, 'rovince of 4avao& 7oever, the land
upon hich the business as conducted
belonged to another person& On the land the
samill compan$ erected a building hich
housed the machiner$ used b$ it&
%n another action, herein the 4avao =ight "
'oer #o&, %nc&, as the plaintiff and the 4avao,
Sa, !ill #o&, %nc&, as the defendant, a
0udgment as rendered in favor of the plaintiff
in that action against the defendant in that
actionH a rit of execution issued thereon, and
the properties no in 8uestion ere levied upon
as personalt$ b$ the sheriff& 5o third part$
claim as filed for such properties at the time
of the sales thereof as is borne out b$ the
record made b$ the plaintiff herein&
-ss$e,
/hether or not the machiner$ mounted on
foundations of cement and installed b$ the
lessee on a lease land be regarded as real
propert$&
He"&,
The machiner$ hich is movable in its nature
onl$ becomes immobili-ed hen placed in a
plant b$ the oner of the propert$ or plant but
not hen so placed b$ a tenant, a usufructuar$,
or an$ person having onl$ a temporar$ right,
unless such person acted as agent of the
oner&
%mmobili-ation b$ destination or purpose
cannot generall$ be made b$ a person hose
possession of propert$ is onl$ T>'O939I,
otherise e ill be forced to presume that he
intended to give the propert$ permanentl$
aa$ in favor of the oner of the premises&
Go'ern%ent o4 the Phi" -s"an&s 's
Ca;angis
8+ Phi" **/
Fats,
3 certain lots ere formerl$ a part of a large
parcel of land belonging to the predecessor of
the herein claimants and appellees& Brom the
$ear 1)92 said land began to ear aa$, due to
the action of the aves of !anila ;a$, until the
$ear 19*1 hen the said lots became
completel$ submerged in ater in ordinar$
tides, and remained in such a state until 191+
hen the Government undertoo< the dredging
of Vitas >stuar$ in order to facilitate navigation,
depositing all the sand and silt ta<en from the
bed of the estuar$ on the lo lands hich ere
completel$ covered ith ater, surrounding
that belonging to the 'hilippine !anufacturing
#ompan$, thereb$ slol$ and graduall$ forming
the lots, the sub0ect matter of this proceeding&
-ss$e,

5 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
/hether or not the loer court erred in not
holding that the lots in 8uestion are of the
public domain the same having been gained
from the sea b$ accession, b$ fillings made b$
the ;ureau of 'ublic /or<s and b$ the
construction of the brea<-ater&
He"&,
The Supreme #ourt held that the lots in
8uestion having disappeared on account of the
gradual erosion due to the ebb and flo of the
tide, and having remained in such a state until
the$ ere reclaimed from the sea b$ the filling
in done b$ the Government, the$ are public
land in the sense that neither the herein
claimants-appellees nor their predecessors did
an$thing to prevent their destruction&
;$ virtue hereof, the 0udgment appealed from
the loer court is reversed&
Ce;$ O6ygen 's .eri""es
22 SCRA )5*
Fats,
This is a case on a petition for the revie of the
order of the #ourt of Birst %nstance of #ebu
dismissing petitionerAs application for
registration of title over a parcel of land
situated in the #it$ of #ebu&
The parcel of land sought to be registered as
onl$ a portion of !& ;orces Street, !abolo, #ebu
#it$& On September +:, 192), the #it$ #ouncil
of #ebu, through 9esolution 5o& +19:, approved
on October :, 192), declared the terminal
portion of !& ;orces Street, !abolo, #ebu #it$,
as an abandoned road, the same not being
included in the #it$ 4evelopment 'lan&
3ssistant 'rovincial Biscal of #ebu filed a motion
to dismiss the application on the ground that
the propert$ sought to be registered being a
public road intended for public use is
considered part of the public domain and
therefore outside the commerce of man&
#onse8uentl$, it cannot be sub0ect to
registration b$ an$ private individual&
-ss$e,
/hether or not the declaration of the road as
abandoned ma<e it patrimonial propert$ hich
ma$ be the ob0ect of a common contract&
He"&,
Since that portion of the cit$ street sub0ect of
petitionerAs application for registration of title
as ithdran from public use, it follos that
such ithdran portion becomes patrimonial
propert$ hich can be the ob0ect of an ordinar$
contract&
3rticle (++ of the #ivil #ode expressl$ provides
that C'ropert$ of public dominion, hen no
longer intended for public use or for public
service, shall form part of the patrimonial
propert$ of the State&C
'ropert$ thus ithdran from public servitude
ma$ be used or conve$ed for an$ purpose for
hich other real propert$ belonging to the #it$
ma$ be lafull$ used or conve$ed&
Pro'ine o4 <a%;oanga &e" Norte 's
<a%;oanga City
// SCRA *++)
Fats,
'rior to its incorporation as a chartered cit$, the
!unicipalit$ of Jamboanga used to be the
provincial capital of the then Jamboanga
'rovince& On October 1+, 19:2, #ommonealth
3ct :9 as approved converting the
!unicipalit$ of Jamboanga into Jamboanga
#it$& Sec& 5* of the 3ct also provided that D
;uildings and properties hich the province
shall abandon upon the transfer of the capital
to another place ill be ac8uired and paid for
b$ the #it$ of Jamboanga at a price to be fixed
b$ the 3uditor General&
The properties and buildings referred to
consisted of 5* lots and some buildings
constructed thereon, located in the #it$ of
Jamboanga and covered individuall$ b$ Torrens
certificates of title in the name of Jamboanga
'rovince&
2 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
On 6une 2, 195+, 9epublic 3ct 111 as
approved dividing the province of Jamboanga
into to ?+@K Jamboanga del 5orte and
Jamboanga del Sur& 'roperties and the
obligations of the province of Jamboanga shall
be divided e8uitabl$ beteen the 'rovince of
Jamboanga del 5orte and the 'rovince of
Jamboanga del Sur b$ the 'resident of the
'hilippines, upon the recommendation of the
3uditor General&
7oever, on 6une 11, 1921, 9epublic 3ct :*:9
as approved amending Sec& 5* of
#ommonealth 3ct :9 b$ providing that D3ll
buildings, properties and assets belonging to
the former province of Jamboanga and located
ithin the #it$ of Jamboanga are hereb$
transferred, free of charge, in favor of the said
#it$ of Jamboanga&
-ss$e,
/O5 Jamboanga del 5orte is deprived of its
private properties ithout due process and 0ust
compensation&
R$"ing,
The fact that the +2 lots are registered
strengthens the proposition that the$ are trul$
private in nature& On the other hand, that the
+( lots used for governmental purposes are
also registered is of no significance since
registration cannot convert public propert$ to
private&
3ppl$ing 3rt& (+( of 5##, all the properties in
8uestion, except the to ?+@ lots used as 7igh
School pla$grounds, could be considered as
patrimonial properties of the former
Jamboanga province& >ven the capital site, the
hospital and leprosarium sites, and the school
sites ill be considered patrimonial for the$ are
not for public use& The$ ould fall under the
phrase Cpublic or<s for public serviceC
Sa"as 's Jarenio
)2 SCRA 0+)
Fats,
Fats,
On Bebruar$ +(, 1919, the (th ;ranch of the
#ourt of Birst %nstance of !anila, acting as a
land registration court, rendered 0udgment
declaring the #it$ of !anila the oner in fee
simple of a parcel of land containing an area of
9,2)9&) s8uare meters, more or less& On various
dates in 19+(, the #it$ of !anila sold portions
of the aforementioned parcel of land in favor of
'ura Villanueva&
On September +1, 192*, the !unicipal ;oard of
!anila, presided b$ then Vice-!a$or 3ntono 6&
Villegas, adopted a resolution re8uesting 7is
>xcellenc$, the 'resident of the 'hilippines to
consider the feasibilit$ of declaring the #it$
propert$ bounded b$ Blorida, San 3ndres, and
5ebras<a Streets, containing a total area of
1,(5* s8uare meters as a patrimonial propert$
of the #it$ of !anila for the purpose of reselling
these lots to the actual occupants thereof&
There is therefore a precedent that this parcel
of land could be subdivided and sold to bona
fide occupants& The bill as passed b$ the
Senate and approved b$ the 'resident and
became 93 (11)&
-ss$e,
/O5 the propert$ involved in 93 (11) is a
private or patrimonial propert$ of the #it$ of
!anila&
R$"ing,
The conclusion of the respondent court that
9epublic 3ct 5o& (11) converted a patrimonial
propert$ of the #it$ of !anila into a parcel of
1 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
disposable land of the State and too< it aa$
from the #it$ ithout compensation is,
therefore, unfounded& %n the last anal$sis the
land in 8uestion pertains to the State and the
#it$ of !anila merel$ acted as trustee for the
benefit of the people therein for hom the
State can legislate in the exercise of its
legitimate poers&
%f it ere its patrimonial propert$ h$ should
the #it$ of !anila be re8uesting the 'resident
to ma<e representation to the legislature to
declare it as such so it can be disposed of in
favor of the actual occupantsL There could be
no more blatant recognition of the fact that said
land belongs to the State and as simpl$
granted in usufruct to the #it$ of !anila for
municipal purposes&
A%$nateg$i 's Diretor o4 Forestry
*/2 SCRA 27
Fats,
There ere to petitions for revie on certiorari
8uestioning the decision of the #ourt of 3ppeals
hich declared the disputed propert$ as forest
land, not sub0ect to titling in favor of private
persons, ;orre and 3munategui&
The 4irector of Borestr$, through the 'rovincial
Biscal of #api-, also filed an opposition to the
application for registration of title claiming that
the land as mangrove samp hich as still
classified as forest land and part of the public
domain&
3nother oppositor, >meterio ;ereber filed his
opposition insofar as a portion of =ot 5o& ))5
containing 111,952 s8uare meters as
concerned and pra$ed that title to said portion
be confirmed and registered in his name&
-ss$e,
/O5 the lot in 8uestion can be sub0ect of
registration and confirmation of title in the
name of the private person&
He"&,
The opposition of the 4irector of Borestr$ as
strengthened b$ the appellate courtAs finding
that timber licenses had to be issued to certain
licensees and even 6ose 3munategui himself
too< the trouble to as< for a license to cut
timber ithin the area& %t as onl$ sometime in
195* that the propert$ as converted into
fishpond but onl$ after a previous arning from
the 4istrict Borester that the same could not be
done because it as classified as Cpublic
forestM&
3 forested area classified as forest land of the
public domain does not lose such classification
simpl$ because loggers or settlers ma$ have
stripped it of its forest cover& CBorest landsC do
not have to be on mountains or in out of the
a$ places& Samp$ areas covered b$
mangrove trees, nipa palms, and other trees
groing in brac<ish or sea ater ma$ also be
classified as forest land& The possession of
forest lands, no matter ho long, cannot ripen
into private onership& Therefore, the lot in
8uestion never ceased to be classified as forest
land of public domain&
Lan=ar 's Diretor o4 Lan&s
05 SCRA *+)
Fats,
This is a petition to revie on certiorari the
decision of the #ourt of 3ppeals declaring the
propert$ sought to be registered as the
propert$ of the public domain devoted to public
use not susceptible of private appropriation&
'etitioner, 9amon =an-ar, filed an application
for registration of title to a parcel of land
located in the 4istrict of !olo, %loilo #it$ in the
#ourt of Birst %nstance of %loilo alleging that he
is the oner in fee simple of the land in
8uestion and as<ing that the title thereto be
registered in his name& %n 3ugust 1921, the
4irector of =ands and the #it$ of %loilo filed an
opposition to the application on the ground that
the land in 8uestion a foreshore land hich
forms part of the public domain and is needed
b$ the #it$ of %loilo as a road right of a$ of the
!olo 3revalo ;oulevard, and that the applicant
had not possessed the propert$&
) 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
The 4irector of =ands and the #it$ of %loilo
appealed to the #ourt of 3ppeals reversed the
decision of the #ourt of Birst %nstance of %loilo
and held that the land in 8uestion, being an
accretion formed b$ the action of the sea, is
propert$ of the public domain and not
susceptible of private appropriation&
-ss$e,
/O5 the title to the land in 8uestion hich as
formed b$ action of the sea as an accretion
ma$ be registered on the basis of adverse
possession for over :* $ears&
He"&,
The occupation or material possession of an$
land formed upon the shore b$ accretions and
alluvium deposits occasioned b$ the sea, here
the occupant or possessor is a private person
and holds ithout previous permission or
authori-ation from the Government, is illegal
possession on his part and amounts to nothing
more than a mere detainer of the land, hich is
out of the sphere of the commerce of men, as
belonging to the public domain and being
allotted to public uses and for the use of all
persons ho live at the place here it is
situated&
=ands added to the shores b$ accretion and
alluvial deposits caused b$ action of the sea,
form part of the public domain& /hen the$ are
no longer ashed b$ the ater of the sea and
are not necessar$ for purposes of public utilit$,
or for the establishment of special industries, or
for coast-guard service, the Government shall
declare them to be propert$ of the oners of
the estates ad0acent thereto and as increment
thereof&
>ap 's Grage&a
*/* SCRA /))
Fats,
!aximino 9ico executed a 4eed of 3bsolute
Sale in favor of the petitioner 4onato 9e$es Iap
ho as then a #hinese national& 9espondent
6ose 3& 9ico is the eldest son of !aximino 9ico,
one of the vendors&
3fter the lapse of nearl$ fifteen $ears from and
after the execution of the deed of absolute sale,
4onato 9e$es Iap as admitted as a Bilipino
citi-en and alloed to ta<e his oath of
allegiance to the 9epublic of the 'hilippines&
On 4ecember 1, 1921, the petitioner ceded the
ma0or portion of a lot hich he ac8uired b$
purchase under the deed of sale in favor of his
engineer son, Belix Iap, ho as also a Bilipino
citi-en because of the Bilipino citi-enship of his
mother and the naturali-ation of his father
4onato 9e$es Iap&
Subse8uentl$, =ourdes 9ico, aunt and co-heir of
respondent 6ose 3& 9ico sold the remaining
portion of that lot to the petitioner ho had his
rights& 4onato 9e$es Iap, has been in
possession of the lots in 8uestion since 19:9,
openl$, publicl$, continuousl$, and adversel$ in
the concept of oner until the present time&
-ss$e,
/O5 the sale of residential lot in 8uestion to a
#hinese national is null and void in spite of the
fact that the vendee had been a naturali-ed
born Bilipino citi-en&
He"&,
The litigated propert$ is no in the hands of a
naturali-ed Bilipino& %t is no longer oned b$ a
dis8ualified vendee& 9espondent, as a
naturali-ed citi-en, as constitutionall$
8ualified to on the sub0ect propert$& There
ould be no more public polic$ to be served in
alloing petitioner to recover the land as it is
alread$ in the hands of a 8ualified person&
%f the ban on aliens from ac8uiring not onl$
agricultural but also urban lands, is to preserve
the nation.s lands for future generations of
9 1 ' a g e
COLLEGE OF LAW, NORSU
Case Digests on Property
Law
Johann Heinrih !a"ongo
Bilipinos, that aim or purpose ould not be
tharted but achieved b$ ma<ing laful the
ac8uisition of real estate b$ aliens ho became
Bilipino citi-ens b$ naturali-ation& Therefore, the
amended 0udgment of the respondent court is
reversed&
1* 1 ' a g e