5 [G.R. No. 63528.

September 9, 1996]

ATOK BIG-WEDGE MINING COMPANY, PETITIONER, VS. HON.

INTERMEDIATE
APPELLATE
COURT and
TUKTUKAN
SAINGAN, respondents.

Atok Big-Wedge Mining Company and Tuktukan Saingan were both claiming 41,296
square meters situated in Lucnab, Itogon, Benguet. Atok contended that the said
parcel of land was being registered in the office of Mining Recorder in 1921 and
1931 pursuant to Philippine Bill of 1902. It is about sixteen years before TUKTUKAN
declared the land in question for taxation purposes and thirty four (34) years before
private respondent filed the land registration proceedings in 1965. They also
showed the payment of annual assessment fees for the said land since 1931.
Tuktukan, who was 70 years old at the time testified shows that he acquired the
land from his father-in-law that he has been paying the taxes during the Japanese
occupation and even before it; that he was never disturbed in his possession.
Issue: Whether or not the said parcel of land is a mineral land or an agricultural
land.
Held:
The SC ruled in favor of the Tuktukan in the reasons that Tuktukan have proven that
he had in possession of the said land in a concept of an owner, continuously, open
and uninterrupted for a period of more than 30 years. He had improved almost 90%
of the said parcel of land. He had paid tax declaration of the said land since 1948 up
to present. When an ocular survey was made, it was evident that there was no
improvements being made in the said land and there is any sign of mining had
happened in the land. Hence, the petition is DENIED.