DIRECTOR OF LANDS VS INTERMEDIATE APPELATE COURT and ACME PLYWOOD VENEER CO,

INC.
G.R. No. 73002, December 29, 1986

Facts:
Acme Plywood &Veneer Co, Inc. acquired from Mariano Infel and Acer Infel five parcels of land
measuring 481,390 square meters, more or less on October 29, 1962. Mariano and Acer Infel are
members of the Dumagat Tribe, a cultural minority of the country. Possession of the land by the
Infels can be traced to before the Philippines was discovered by Magellan, and said land had been
passed on from generation to generation until it came into possession by Mariono and Acer. From
1962, Acme’s ownership of the said land can be described as continuous, adverse and public, and
coupled with the possession of the Infels, may be considered as possession from time
immemorial. Said Land, which is being sought for registration by Acme is considered a private
land pursuant to the provisions of Republic Act No. 3872 granting ownership to members of non-
Christian Tribes on land occupied by them or their ancestral lands, whether with the alienable or
disposable public lands or within the public domain. Director of Lands had no objections on the
findings of the case except as to the applicability of the 1935 Constitution, since registration
proceedings were only commenced on July 17, 1981, or after the 1973 Constitution had taken
effect, and under the 1973 Constitution, it prohibited private corporations or associations from
holding alienable lands of the public domain except through lease not exceeding 1,000 hectares
(the 1935 Constitution had no such provision).

Issue:
Whether or not Acme Plywood & Veneer Co, Inc. validly register the land in their name

Ruling:
Yes. In the case at bar, the first consideration in answering the issue is the character of the land.
If the land in question is classified as part of the public domain, then the answer is no. If the land
is private, then the prohibition on acquisition by private corporations does not apply. In the case,
the land is deemed private because alienable public land held by a possessor, personally or
through his predecessor-in-interest, openly, continuously and exclusively for the prescribed
statutory period of 30 years under the Public Land Act, as amended, is converted to private
property by the mere lapse or completion of such period. In the case, the land has been
considered as having been possessed from time immemorial by the ancestors of the Infels even
before the time of Magellan, and was continuously passed down from each generation up to
possession by Mariano and Acer Infel, and by the acquisition of Acme, it can be deemed that the
30-year prescribed statutory period has already passed. And since the land is already considered
private, there is no longer the prohibition on against the holding of lands by private corporations.