Republic Vs Hon.

Normelito Ballocanag and Danilo Reyes GR 163794 28 November 2008

FACTS:
Danilo Reyes bought the subject land with 162,500 sq.m. at Brgy Banus, Pimanalayan, Oriental Mindoro
from Regina Castillo. Right after his purchase, Reyes introduced improvements and planted Mangoes,
Mandarin citrus, and Guyabanos. Also, the title of the land transferred in his name. Unfortunately, It
turned out that the subject land is part of the Timberland of Oriental Mindoro and therefore, not
subject to any disposition or acquisition under any existing law and is not transferable.

The Office of the Solicitor General (OSG) in behalf of petitioner, filed a complaint for “ Cancellation of
Title and/or Revision” that the issued Transfer Certificate of Title (TCT) is spurious, fictitious, and
irregularly issued on account of the subject title was part of the Timberland of Oriental Mindoro per
Bureau of Forest Department (BFD) Land Classification Map; that the said land are entirely inside the
140 hectares Agro-Forestry Farm Lease Agreement No. 175 in favor of Atty. Augusto D. Marte; that the
subject land cannot be subject of any disposition or acquisition under the law.

The Regional Trial Court (RTC) held that Reyes TCT No. 45238 are null and void and ordered to surrender
the owner’s duplicate copy of the said title and to vacate the premises. Reyes then appealed the RTC
Decision to the Court of Appeal (CA), apparently, Motion for Reconsideration was DENIED.

ISSUE:
Whether or not the Republic should pay Reyes the value of the Improvements he introduced on the
property.

HELD:
Yes, Supreme Court resolved to deny Reyes petition for failure to sufficient show that the CA had
committed any reversible error in the questioned the judge. The SC agree with the CA that Reyes was
of the belief that he was the owner of the subject land. He titled the land, planted fruit trees thereon
and invested money from 1970. It is no longer feasible to permit him to remove the trees he planted
the only equitable alternative would be to order the Republic to pay Reyes.

Petition DENIED and DIRECTED the RTC to determines the actual improvements introduced on the
subject land, their current value and the amount of the expenses actually spent by Reyes and DIRECTED
the DENR-BFD to pay private respondent the value of such actual improvements he introduced on the
subject land.

Page 1 of 1 Republic Vs Hon. Normelito Ballocanag and Danilo Reyes GR 163794 28 November 2008