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.