Republic v.

Heirs of Cabrera
G.R. No. 218418 2017 November 08
Second Division, Caguioa

In 1971, Meynardo obtained an OCT over a parcel of land based on a

Free Patent issued to him by the BOL. A portion of the land was sold to
Consolacion and consequently, a TCT covering said portion was issued.
Learning upon the issuance of TCT, the De Castros filed a petition
before the DENR to conduct an investigation to determine the land’s
classification status.
The DENR issued a Final Report declaring that the land form part of
the public domain. The Republic then filed a Complaint praying for the
reversion of the land in the State’s favor. The Republic based its claim
on the DENR Final Report and NAMRIA certifications all stating that the
land had been reclassified as forest land since 1949.
Both RTC and CA dismissed the complaint and held that the Republic
failed to show a positive government act evincing the reclassification of
the land from alienable and disposable to forest.
Is a positive government act necessary to prove the reversion
of A&D land to Forest land?
YES. Sections 6&7 of the Public Land Act are clear that the power to
classify and reclassify land lies solely with the Executive Department,
exercised through the President or other persons authorized to act on
his behalf. Any such act effected without executive authority is void.
A reversion proceeding is the manner through which the State seeks to
revert land to the mass of the public domain. Since a complaint for
reversion can upset the stability of registered titles, the State bears
the burden of proving that the land was reclassified as Forest land at
the time the cadastal decree was issued. Here, the alleged
reclassification is bereft of basis as it was done without any prior
directive from the President and does not even state upon whose
authority the alleged reclassification was made.

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