Republic of the Philippines

(Director of Forest Development)

VS.
Hon. Court of Appeals and
Jose Y. De La Rosa
G.R. No. L-43938
April 15, 1988

FACTS:

On February 11, 1965, Jose de la Rosa filed an application for registration of

parcel of land on his own behalf and on behalf of his three children, Victoria, Benjamin
and Eduardo.

The land in question in this cse is situated in Tuding, Itogon, Benguet Province
was divided into 9 lots and covered by plan Psu-225009. According to the application,
lots 1-5 were sold to Jose de la Rosa and lot 6-9 to his children by Mamaya Balbalio
and Jaime Alberto, respectively in 1964.

The application for registration was separately opposed by Benguet

Consolidated, Inc. as to lots 1-5, Atok Big Wedge Corporation and all of lots 6-9, and by
the Republic of the Philippines, through the Bureau of Forestry Development, as to lots
1-9.

Both Benguet Consolidated, Inc. and Atok Big Wedge Corporation acquired the
property in question before the approval of Constitution of 1935.

The Bureau of Forestry Development also interposed its objection by arguing that
the land in question was covered by Central Cordillera Forest Reserve under
Proclamation No. 217 dated February 16, 1929. Due to its nature it was not subject to
alienation under the Constitutions of 1935 and 1973.

ISSUES:

1. Whether the land is mineral land or agricultural land.

2. Who has the superior right of ownership over the land in question?

RULING:

 The Court ruled that the rights over the land are indivisible and that the land itself
cannot be half agricultural and half mineral. The classification must be
categorical; the land must be either completely mineral or completely agricultural.
 In this case the land was originally classified as forest land ceased to be and
became mineral; once the mining claims were perfected it became completely
mineral.
 The Supreme Court ruled, it is true that the subject property was considered
forest land and included in the Central Cordillera Forest Reserve, but this did not
impair the rights already vested in Benguet and Atok.

The June Bug mineral claim of Benguet and the Fredia and Emma mineral
claims of Atok having been perfected prior to the approval of the Constitution of
the Philippines of 1935, they were removed from the public domain and had
become private properties of Benguet and Atok.

The court favored Benguet and Atok, since they have complied with the
requirements of the mining laws, the claims were removed from public domain
and not even the government of the Philippines can take away this right from
them without due process of law.

De la Rosa failed to convince the Supreme Court with sufficient evidence as the
rightful owner of the lots in question.