22. Yu Chang v. Republic, G.R. No. 171726, Feb.

23, 2011
Facts: Petitioners inherited some parcel of lots from their deceased
father and built on it buildings for commercial and residential use. They
then proceeded to have the land registered under the Property
Registration Decree. The state opposed the registration as it claimed
that said lots being forest land are part of the inalienable property of
the public domain. Petitioners contended that it should no longer be
considered and forest land as they have already built buildings for
residential or commercial use on the lots.
Issue: Whether or not said parcels of lots are inalienable property of
the public domain.
Held: The classification of land is descriptive of its legal nature or
status and does not have to be descriptive of what the land actually
looks like. The fact that the area within which the subject parcels of
land are located is being used for residential and commercial purposes
does not serve to convert the subject parcels of land into agricultural
land. It is fundamental that before any land may be declassified from
the forest group and converted into alienable or disposable land for
agricultural purposes, there must be a positive act from the
government.
Here, petitioners failed to present well-nigh incontrovertible evidence
necessary to prove their compliance of the requirements under Section
48(b) of C.A. No. 141.