Professional Documents
Culture Documents
Civil Law; Land Registration; Forest lands, scope and nature of;
Rules on confirmation of imperfect title do not apply unless land
classified as forest is released in an official proclamation.·A
forested area classified as forest land of the public domain does not
lose such classification simply because loggers or settlers may have
stripped it
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* FIRST DIVISION.
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area; and this can only mean that the Bureau of Forestry had stood
and maintained its ground that it was a forest land as indeed the
testimonial evidence referred to above persuasively indicates, and
the only time when the property was converted into a fishpond was
sometime after 1950; or a bare five (5) years before the filing of the
application; but only after there had been a previous warning by the
District Forester that that could not be done because it was
classified as a public forest; so that having these in mind and
remembering that even under Republic Act 1942 which came into
effect in 1957, two (2) years after this case had already been filed in
the lower Court, in order for applicant to be able to demonstrate a
registerable title he must have shown
the foregoing details cannot but justify the conclusion that not
one of the applicants or oppositors had shown that during the
required period of thirty (30) years prescribed by Republic Act 1942
in order for him to have shown a registerable title for the entire
period of thirty (30) years before filing of the application, he had
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been in
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"As held in Oh Cho v. Director of Lands, 75 Phil. 890, all lands that
were not acquired from the Government, either by purchase or by
grant, belong to the public domain. An exception to the rule would
be any land that should have been in the possession of an occupant
and of his predecessors-in-interests since time immemorial, for such
possession would justify the presumption that the land had never
been part of the public domain or that it had been a private
property even before the Spanish conquest,"
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"x x x The possession of public land however long the period thereof
may have extended, never confers title thereto upon the possessor
because the statute of limitations with regard to public land does
not operate against the State, unless the occupant can prove
possession and occupation of the same under claim of ownership for
the required number of years to constitute a grant from the State.
(Director of Lands v. Reyes, 68 SCRA 177, 195)."
Petition dismissed
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