Professional Documents
Culture Documents
(EDITED BY: ALYSSA AFRICA)
SUBMITTED TO:
ATTY. ERWIN TIAMSON
SUBMITTED BY:
AGTARAP, ALEXIS S. (CASES 1 AND 2)
TAPALES, CHARMAINE JILL C. (CASES 3 AND 4)
COMON, DIANNE G. (CASES 5 AND 6)
CABBUAG, JAYTRICH L. (CASES 7 AND 8)
BILLONES, ZANDALEE R. (CASES 9 AND 10)
ARCOL, VOLTERE EDMARK (CASES 11 AND 12)
DELA CRUZ, ARIS C. (CASES 13 AND 14)
CORPUZ, MA. VISITACION C. (CASES 15 AND 16)
VALERIO, MARY KAYE C. (CASES 17 AND 18)
PERLAS, VAN REGINE L. (CASES 19 AND 20)
GUEVARA, RON JASON A. (CASES 21 AND 22)
ELAURIA, MARIA CARLOTA R. (CASES 23 AND 24)
SERRANO, YVETTE P. (CASES 25 AND 26)
SARSOSA, ROCHELLE MARIE S. (CASES 27 AND 28)
BAGALANON, KIRK JOSEPH (CASES 29 AND 30)
REGALIAN DOCTRINE
1. Johnson & Graham's Lessee v. McIntosh (1823)
Facts:
Two grants were conveyed, one in 1773 and the other in 1775, by the chiefs
of the Illinois and Piankeshaw nations to petitioner Johnson who claimed title to the
property. Petitioner contends superior title because his title came directly from the
Indian nations who owned the land, while defendant McIntosh claims superior title
due to a direct conveyance from the United States government.
Issue:
Whether or not a title conveyed by the Native Americans can be recognized
by the Federal Courts.
Held:
No, a title conveyed by the Native Americans cannot be recognized by the
Federal Courts. Title to lands is and must be admitted to depend entirely on the law
of the nation in which they lie.
Discovery of America by Great Britain gave them the exclusive right to settle,
possess, and govern the new land, and the absolute title to the soil, subject to certain
rights of occupancy of the Native Indians. By treaty between Great Britain and the
United States, the powers of government, and the right to the soil, passed to the
United States, subject only to the Indian right of occupancy, and the exclusive power
to extinguish that right was vested in that government which might constitutionally
exercise it.
Conquest gives a title that the Courts of the conqueror cannot deny, respecting the
original justice of the claim that has been successfully asserted.
2. Mateo Carino vs. The Insular Government (1907)
Facts:
In 1904, appellant Mateo Cariño filed his petition in the Court of Land
Registration praying that title to a parcel of land consisting of 40 hectares, 1 are, and
13 centares, situated in the town of Baguio, Province of Benguet, together with a
house erected thereon be granted to him. The court of Land Registration adjudged
the property in question to be public land.
Issue: Whether or not the subject property is a public land.
Held:
Yes, the subject property which the petitioner claims title thereto is a public
land. The land mentioned in possessory information is "used for pasture and
sowing," and belongs to the class called public lands. Under the express provisions
of law, a parcel of land, being of common origin, presumptively belonged to the State
during its sovereignty, and, in order to perfect the legitimate acquisition of such
land by private persons, it was necessary that the possession of the same pass from
the State.
There is no evidence or proof of title of egresion of this land from the domain
of the Spanish Government, nor is there any possessory information equivalent to
title by composicion or under agreement. Sections 12 and 13 of the act of Congress
of July 1, 1902, reserved to the Government the alienation of public lands. This is
also in conformity with other laws enacted under this act of Congress by the
Philippine Commission prescribing rules for the execution thereof, one of which is
Act No. 648, herein mentioned by the petitioner, in connection with Act No. 627,
which appears to be the law upon which the petition herein is founded. But said act
admits such prescription for the purpose of obtaining title and ownership to lands
"not exceeding more that sixteen hectares in extent." (Sec. 6 of said act.)
Considering the intention of Congress in granting ownership and title to 16
hectares, that Mateo Cariño and his children have already exceeded such amount
in various acquirements of lands, all of which is shown in different cases decided by
the said Court of Land Registration, donations or gifts of land that could only have
been made efficacious as to the conveyance thereof with the assistance of these new
laws.
3. Mateo Carino vs Insular Government of the Philippines (1909)
Facts:
Carino is an Igorot in the province of Benguet. Carino and his ancestors had
held the land as owners since time immemorial. He is recognized as owners by the
Igorots and he inherited the land from his father in accordance with Igorot customs.
No document of title was issued from the Spanish Crown. The government has taken
possession of the property for public and military purposes. The position of the
government is that, Spain assumed, asserted and had title to all the land in the
Philippines except so far as it saw fit to permit private titles to be acquired. The
Supreme Court denied Carino of his claim and ruled in favor of the government and
the case was brought to US Supreme Court by writ of error.
Issue: Whether or not Carino is the rightful owner of the land.
Held:
Yes, US Supreme Court reversed the decision of the Philippine Supreme
Court and granted Carino ownership over the land. Justice Holmes delivered the
opinion of “native title” to valid land rights established by testimonies or memories
on land that has been held, occupied and utilized in ownership since time
immemorial by indigenous populations. The decree of June 25, 1880 made Carino’s
father the legal owner of the land when it declared that those who have been in
possession for 20 years (cultivated land) or 30 years (uncultivated land) shall be
deemed owners. In addition, Benguet was inhabited by a tribe, characterized as a
savage tribe and was never brought under the civil or military government of the
Spanish Crown.
4. Cruz vs DENR Secretary (2000)
Facts:
Isagani Cruz and Cesar Europa brought the suit to assail the constitutionality
of the IPRA law which grants the Indigenous People (IP) or the Indigenous Cultural
Communities (ICC) the ownership and possession of their ancestral domains and
ancestral lands. They positioned that the IPRA law amounts to an unlawful
deprivation of the State’s ownership over lands of public domain as well as the
natural resources therein, in violation of the regalian doctrine. The respondents and
interveners defended the constitutionality of the IPRA law by asserting that it is an
expression of the principle of parens patriae and that the State has the responsibility
to protect and guarantee the rights of those who are at a serious disadvantage.
Issue: Whether or not the IPRA law is unconstitutional.
Held:
The petition was dismissed. The necessary majority (7-‐7) was not obtained
even after deliberation. Justices Puno, Vitug, Kapunan, Mendoza and Panganiban
gave their separate opinions:
PUNO:
The non-‐inclusion of ownership by the ICCs/IPs over the natural resources in
Section 7(a) complies with the Regalian doctrine. Section 1 of the Implementing
Rules gives the ICCs/IPs rights of ownership over "lands, waters and natural
resources." The term "natural resources" is not one of those expressly mentioned in
Section 7 (a) of the law. Our Constitution and jurisprudence clearly declare that the
right to claim ownership over land does not necessarily include the right to claim
ownership over the natural resources found on or under the land. The IPRA itself
makes a distinction between land and natural resources. Section 7 (a) speaks of the
right of ownership only over the land within the ancestral domain. It is Sections 7
(b) and 57 of the law that speak of natural resources, do not give the ICCs/IPs the
right of ownership over these resources. The ICCs/IPs' rights over the natural
resources take the form of management or stewardship.
Justice Puno vote to uphold the constitutionality of the Indigenous Peoples Rights
Act of 1997.
VITUG:
The provisions of IPRA, in their totality, are, in my view, beyond the context of the
fundamental law and virtually amount to an undue delegation, if not an
unacceptable abdication, of State authority over a significant area of the country and
its patrimony. I vote to grant the petition.
DOJ OPINION
5. OPINION NO. 023, Series of 1995
Issue: Whether the prohibition in Section 4(a) of R.A. No. 6657 ("Comprehensive
Agrarian Reform Law [CARL] of 1988") against the reclassification of forest lands
applies to "unclassified public forest".
This Department's aforesaid opinion is based on the premise that since the CARL
made reference to "forest lands" without any qualification and considering that
"forest lands" under the Revised Forestry Code (P.D. No. 705, as amended) include
public forest, forest reserves and permanent forest, the prohibition against the
reclassification of "forest lands" under the CARL should apply to unclassified public
forest.
Held:
By way of reconsideration, however, you request us to take a second look
stating that under the Revised Forestry Code, the term "public forest" refers to the
mass of the public domain which has not been the subject of the present system of
classification for the determination of which lands are needed for forest purposes
and which are not, and that our Opinion No. 169, s. 1993 could not have obviously
treated unclassified public forest "as being included in the prohibition under the
CARL" which is a prohibition against a reclassification of forest lands, and not
against a classification in the first instance".
Section 4(a) of the CARL provides a prohibition on the reclassification of forest
lands (or mineral lands) to agricultural lands until after Congress shall have, by law,
determined the specific limits of the public domain.
Indeed, the key word to the correct application of the prohibition in Section 4(a) is
the word "reclassification". Where there has been no previous classification of
public forest [referring, we repeat, to the mass of the public domain which has not
been the subject of the present system of classification for purposes of determining
which are needed for forest purposes and which are not] into permanent forest or
forest reserves or some other forest uses under the Revised Forestry Code, there
can be no "reclassification of forest lands" to speak of within the meaning of Section
4(a).
Thus, obviously, the prohibition in Section 4(a) of the CARL against the
reclassification of forest lands to agricultural lands without a prior law delimiting
the limits of the public domain, does not, and cannot, apply to those lands of the
public domain, denominated as "public forest" under the Revised Forestry Code,
which have not been previously determined, or classified, as needed for forest
purposes in accordance with the provisions of the Revised Forestry Code.
SUB- CLASSIFICATION OF AGRICULTURAL LAND
OLD RULINGS
6. Jones vs Insular Government (1906)
Facts:
On the 16th day of January 1904, F. Stewart Jones filed a petition to the Court
of Land Registration that a certain tract of land in the Province of Benguet be
registered in his name. The Solicitor-‐General, however, opposed the inscription
upon the ground that the property was a public land. Jones objected that the court
had no jurisdiction to register the land situated in that reservation because Act No.
1224 deprived the said court of jurisdiction over lands situated in the Province of
Benguet. Then according to Act No. 648, the Civil Governor can reserve from
settlement or public sale any public domain not being directed by law; and that it
shall be the duty of the court to issue notice to claims for all private lands be
presented for the Land Registration Act within six months, otherwise it would
forever be barred. Subsequently, a letter by Governor Taft was directed to the Judge
of the Court of Land Registration, which requested that the land mentioned be
brought under the operation of the Land Registration Act, and in accordance with
the provisions and limitations of Act No. 648.
Issue: Whether the land in question be registered in the name of Jones
Held:
Yes. Section12 of Act No. 648 reposed to the Government of the Philippine
Islands the power to dispose land, including all public lands, subject to limitations
also mentioned in Section 13 of the same Act, with the general purpose to require
the Government to classify lands and to pass a homestead law — that is, a law which
would state the rules and regulations by virtue of which title to the public lands of
which it can be decided in every case whether an act of the Commission constitutes
a rule or regulation within the Act’s meaning. It authorized the Government of the
Philippine Islands to classify lands according to its agricultural character and
productiveness, and shall immediately make rules and regulations for the lease, sale,
or other disposition of the public lands, with the exclusion of timber and mineral
lands, and that it shall not exceed 16 hectares.
Section 14, on the other hand, is not limited to agricultural lands, as are
sections 13 and 15. It includes mineral and timber lands. So far as it relates to
proceedings theretofore taken under Spanish laws its benefits are not limited to
natives of the Islands nor to tracts not more than 16 hectares in extent. Where the
only claim is possession, no possession for any definite time prior to August 13,
1898, is required, nor is proof of any possession whatever after that date demanded.
It is of the court’s opinion that the authority given by the Commission to
issue to a native a patent for 16 hectares of land of which he was in possession
during the month of August, 1898, was intended to limit the general power of
control which by section 12 is given to the Commission.
7. Mapa vs. Insular Government (1908)
Facts:
Cirilo Mapa sought to have registered a tract of land of about 16 hectares in
extent. Judgment was rendered in his favor and the Government appealed. Evidence
adduced that the land in question is lowland, and has been uninterruptedly, for
more than twenty years, in the possession of Mapa and his ancestors as owners and
the same has been used during the said period, and up to the present, as fish ponds,
nipa lands, and salt deposits.
Issue: Whether or not the land in controversy is agricultural land within the
meaning of Act No. 926 section 54.
Held:
Yes. The phrase "agricultural land" as used in Act No. 926 means those public
lands acquired from Spain which are not timber or mineral lands. The question as to
whether the lands there involved were or were not agricultural lands within the
meaning of the sections was neither discussed nor decided. In fact, it appears from
the decision that those lands were within the strictest definition of the phrase
"agricultural lands." It appears that such lands had been cultivated for more than
twenty years.
8. Government of the Philippine Islands vs. Abella (1926)
Facts:
On September 21, 1915, Maria del Rosario presented a petition in the Court
of First Instance for the registration under the Torrens system, of the very land now
in question. The judge denied the registration of the entire northern portion of the
land upon the ground that said portion was more valuable for timber purposes than
for agricultural purposes.
Issue: Whether or not said portion was for timber purposes.
Held:
Yes. The Supreme Court after a consideration of the evidence affirmed the
decision of the lower court. In the course of that decision the Supreme Court said:
"We have examined the plans and all the evidence presented in this case and are of
the opinion that the trial court was correct in its declaration that this did not mean
the old road to Boñgabon. The fact that nearly all the northern property is forestry
land is a further indication that the applicant's possessory information title did not
include the land running up to the road to Bongabon, because all the papers which
the applicant has regarding this property call the land palayero."
9. Cornelio Ramos vs. Director of Lands (1918)
Facts:
In 1907, Cornelio Ramos bought a parcel of land (Parcel No.1) from Restituto
Romero who gained possession of a considerable tract of land in San Jose, Nueva
Ecija in the year 1882, and obtained a possessory information titled to the land,
registered as such sometime in 1896, by taking advantage of the Royal Decree of
February 13,1894. Ramos instituted appropriate proceedings to have his title
registered before the CFI of Nueva Ecija, but was opposed by the Director of Lands
on the ground that Ramos has not acquired a good title from the Spanish
government and by the Director of Forestry on the ground that the first parcel was
forest land.
Issues:
1. Whether or not the actual occupancy of a part of the land gives color of title
sufficient to prove title to the entire tract of land.
2. Whether or not the land in question is a forest land.
Held:
Yes, because of the doctrine of constructive possession. The general rule is
that the possession and cultivation of a portion of a tract under claim of ownership
of all is a constructive possession of all, if the remainder is not in the adverse
possession of another. It should be noted that Ramos and his predecessor in interest
fulfilled the requirements of the law on the supposition that the premises consisted
of agricultural public land. It was said that the phrase "agricultural public lands" as
used in Act No. 926 means "those public lands acquired from Spain which are not
timber or mineral lands."
No, because the presumption should be, in lieu of contrary proof that the
land in question is agricultural in nature. When the claim of the citizen and the claim
of the Government as to a particular piece of property collide, if the Government
desires to demonstrate that the land is in reality a forest, the Director of Forestry
should submit to the court convincing proof that the land is not more valuable for
agricultural than for forest purposes. But a mere formal opposition on the part of
the Attorney-‐General for the Director of Forestry, unsupported by satisfactory
evidence will not stop the courts from giving title to the claimant.
10. Ankron vs. Government of the Philippine Islands (1919)
Facts:
Ankron filed an action in the CFI of Davao to register under the Torrens
system a certain parcel of land situated, bounded and particularly described in the
plan and technical description attached to the complaint. The Director of Lands, as
the oppositor, alleged that the land in question was the property of the U.S.
government under the control and administration of the Government of the
Philippine Islands. Hon. Francisco Soriano said that the land has been cultivated and
planted for more than 44 years prior to the decision. It was formerly occupied by
Moros, Mansacas, and others but they sold, transferred, and conveyed all their right,
title and interest to the applicant, and that the possession under claim of ownership
of the applicant and his predecessors in interest was shown to have been open,
notorious, actual, public and continuous for more than 44 years past. The CFI
rendered a decision in favor of Ankron, subject to the right of the government to
open a road thereon in the manner and conditions mentioned in said decision which
includes Ankron’s consent, and that the opening of the said road should be 15
meters wide.
Issues:
1. Whether or not Ankron failed to prove his possession and occupation in
accordance with the provisions of par.6, Section 54 of Act No.926.
2. Whether or not the land in question can be registered in accordance with the
existing Land Registration Law for the reason that they are manglares.
Held:
No, because the important requisites for registration of land imposed by
par.6, Section 54 of Act No.926 are (a) that the land shall be agricultural public land
as defined by the Act of Congress of July 1, 1902; (b) that the petitioner, by himself
or his predecessors in interest, shall have been in the open, continuous, exclusive
and notorious possession and occupation of the same under a bona fide claim of
ownership for a period of ten years next preceding the taking effect of said Act.
Ankron proved that the land in question is an agricultural land, and that he and his
predecessors in interest had occupied the same as owners in good faith for a period
of more than 40 years prior to the commencement of the present action. Hence,
par.6, Section 54 of Act No.926 has been fully complied with and therefore, the
applicant is entitled to have his land registered under the Torrens system.
Yes, par.6, Section 54 of Act No.926 926 only permits the registration, under
the conditions therein mentioned, of "public agricultural lands." The fact that the
land is a manglar [mangrove swamp] is not sufficient for the courts to decide
whether it is agricultural, forestry, or mineral land. It may perchance belong to one
or the other of said classes of land. The Government, in the first instance, under the
provisions of Act No. 1148, may, by reservation, decide for itself what portions of
public land shall be considered forestry land, unless private interests have
intervened before such reservation is made.
11. The Director of Forestry vs. Ruperto A. Villareal (1989)
Facts:
Ruperto Villareal applied for the registration of a land consisting of 178,113
square meters of mangrove swamps located in the municipality of Sapian, Capiz. He
alleged that he and his predecessors-‐in-‐interest had been in possession of the land
for more than forty years. When the application was approved by the Court of First
Instance and which decision as affirmed by the Court of Appeals, The Director of
Forestry filed a petition for review on certiorari claiming that the land in dispute
was forestal in nature and not subject to private appropriation
Issue: Whether or not mangrove swamps, or manglares are legally classified as part
of our public forest lands.
Held: No. Mangrove swamps or manglares should be understood as comprised
within the public forests of the Philippines as defined in the aforecited Section 1820
of the Administrative Code of 1917. The legislature having so determined, we have
no authority to ignore or modify its decision, and in effect veto it, in the exercise of
our own discretion. The statutory definition remains unchanged to date and, no less
noteworthy, is accepted and invoked by the executive department.
It follows from all this that the land under contention being admittedly a part
of the mangrove swamps of Sapian, and for which a minor forest license had in fact
been issued by the Bureau of Forestry from 1920 to 1950, it must be considered
forest land. It could therefore not be the subject of the adverse possession and
consequent ownership claimed by the private respondent in support of his
application for registration. To be so, it had first to be released as forest land and
reclassified as agricultural land pursuant to the certification the Director of Forestry
may issue under Section 1827 of the Revised Administrative Code.
The decision of the Court of Appeals is set aside and the application for
registration of title of private respondent is dismissed.
NEW RULINGS
12. DENR et al vs. Yap et al. (2008)
FACTS:
On November 10, 1978, President Marcos issued Proc. No. 1801 declaring
Boracay Island as part of tourist zones and marine reserves under the
administration of the Philippine Tourism Authority.
Claiming that the Proclamation precluded them from filing an application for
judicial confirmation of imperfect title or survey of land for titling purposes,
respondents-‐claimants Mayor Yap, Jr., et al. filed a petition alleging that Proc. No.
1801 raised doubts on their right to secure titles over their occupied lands. They
declared that they themselves, or through their predecessors-‐in-‐interest, had been
in open, continuous, exclusive, and notorious possession and occupation in Boracay
since June 12, 1945, or earlier since time immemorial. Respondents-‐claimants
posited that Proclamation No. 1801 did not place Boracay beyond the commerce of
man since having classified Boracay as a tourist zone, it was susceptible of private
ownership.
Issue: Whether or not Boracay is susceptible of private ownership.
Held:
No, Boracay is not susceptible to private ownership as it is an unclassified
land of the public domain prior to Proclamation No. 1064. Prior to Proclamation No.
1064 of May 22, 2006, Boracay Island had never been expressly and
administratively classified under any category of land. In keeping with the
presumption of State ownership, a positive act of the government such as a
presidential proclamation or an executive order; an administrative action;
investigation reports of Bureau of Lands investigators; and a legislative act or a
statute is required in order to declare a parcel of land as alienable and disposable.
In the case at bar, no such proclamation, executive order, administrative
action, report, statute, or certification was presented to the Court. The records are
bereft of evidence showing that prior to 2006, the portions of Boracay occupied by
private claimants were subject of a government proclamation that the land is
alienable and disposable. Matters of land classification or reclassification require
proof and cannot be assumed.
SUB CLASSIFICATION
13. De Aldecoa vs. Insular Government (1909)
FACTS:
A certain Juan Ibañez de Aldecoa applied for registration of his title in a
certain parcel of land, in 1904, in the town of Surigao. Said registration was deemed
in accordance with the New Land Registration Act. Objection was made on the part
of the Insular Government on grounds that said move by de Aldecoa was not in
accordance with the laws then in force being the land in question was the property
of the Government of the United States and is now under the control of the Insular
Government. De Aldecoa, in his amended petition, relied on the pertinent provisions
of Section 54 of Act No. 926 that gives opportunity to concerned occupants of public
lands to perfect their claims as in the present case, wherein a parcel of land that is
susceptible of being cultivated, and ceasing to be agricultural land, was converted
into a building lot.
ISSUE: Whether a parcel of land, that is susceptible of being cultivated, and, ceasing
to be agricultural land, which was converted into a building lot, is subject to the legal
provisions in force regarding government public lands which may be alienated in
favour of private individuals or corporations
HELD:
Yes, it may be alienated. From deduction, with the exception of those
comprised within the mineral and timber zone, all lands owned by the State or by
the sovereign nation are public in character, and per se alienable and, provided they
are not destined to the use of the public in general or reserved by the government in
accordance with law, they may be acquired by any private or juridical person.
The interpretation that urban real estate, that is not mineral or forest in
character, be understood to fall within the classification of agricultural land, is
deemed to be most rational and beneficial to public interests.
14. Krivenko vs. Register of Deeds of Manila (1947)
FACTS:
Petitioner Alexander A. Krivenko, an alien, bought a residential lot in 1941.
Registration of said lot was interrupted by the war. When Krivenko resumed his
registration in 1945, after the war, the Register of Deeds of Manila denied said move
for registration on grounds that petitioner is an alien and prohibited by the
Constitution to own land. When the Court of First Instance sustained that denial
made by the Register of Deeds, Krivenko brought the case to the Supreme Court
with connected Constitutional inquiries on the prior mandates that allow aliens to
acquire public agricultural lands for industrial and residential purposes.
ISSUE: Whether an alien under our Constitution may acquire residential land.
HELD:
No, an alien cannot acquire residential land. Although primarily, pertinent
provisions of the Public Land Act No. 2874, enacted prior to the Constitution, permit
aliens to acquire public agricultural lands used for industrial and residential
purposes, they were stricken out with the adoption of the Constitution, such being
the highest of all the laws of the land.
The Constitution, still, prohibits the acquisition of land for residential
purposes by aliens and the Highest Court reiterated that they are construing the
Constitution as it is and not as they desire it to be.
MINERAL LANDS
15. Lepanto Consolidated Mining Company vs. Dumyung (1929)
Facts:
The Republic of the Philippines commenced in the Court of First Instance of
Baguio City Civil Cases for annulment of Free Patents and of the corresponding
Original Certificates of Title on lands in question of the defendants.
The Lepanto Consolidated Mining Company, petitioner herein, filed motions
for intervention which alleged that a portion of the titled lands in question is within
the intervenor's ordinary timber license and another portion of said lands is
embraced in its mineral claims.
The Court of First Instance of Baguio, Branch I, dismissed the civil cases
because there was a clear showing that upon the issuance of said Free Patents the
same were duly registered with the office of the Register of Deeds hence, these titles
enjoy the same privileges and safeguards as Torrens titles , and Original Certificates
of Title of the defendants are now indefeasible.
The plaintiffs moved for reconsideration alleging that that the lands covered
by the patents and certificates of title are timber lands and mineral lands and,
therefore, not alienable as provided in Sec. 2 of Commonwealth Act No. 141.
The trial court, to clear this issue finds Republic Act No. 3872 applicable
which gives due regard to National Cultural Minorities to be issued free patents.
Issues:
1. Whether or not the lands in question are timber and mineral lands ; and
2. Whether the private respondents belong to the cultural minorities and are
qualified under Republic Act 3872 to be issued free patents on said lands
Held:
Yes, the lands in question are timber and mineral lands. However, evidence
needed to prove private respondents’ membership of the National Cultural
Minorities is absent, likewise with their continuous occupation and cultivation
either by themselves or through their predecessors-‐in-‐interest of the lands in
question since July 4, 1955; and that they are not the owner of any land secured or
disposable under the Public Land Act at the time they filed the free patent
applications.
Clearly, the trial court erred ruling that the titles based on the patents
awarded to the private respondents have become indefeasible. It is well settled that
any certificate of title issued on non-‐disposable lots such as forest or timber and
mineral lands regardless of innocent purchase for value, is void and shall be
cancelled. Possession of forest lands, however long, cannot ripen into private
ownership.
16. REPUBLIC VS. CA AND DELA ROSA (1988)
Facts:
An application for registration of a parcel of land was filed by Jose de la Rosa
situated in Tuding, Itogon, Benguet Province. According to the application, Lots 1-‐5
were sold to Jose de la Rosa and Lots 6-‐9 to his children by Mamaya Balbalio and
Jaime Alberto, respectively, in 1964.
The application was separately opposed by Benguet Consolidated, Inc. as to
Lots 1-‐5, on the ground that the June Bug mineral claim covering Lots 1-‐5 was sold
to it on by the successors-‐in-‐interest of James Kelly and that , Benguet had been in
actual, continuous and exclusive possession of the land in concept of owner, as
evidenced by its construction of adits, its affidavits of annual assessment, its
geological mappings, geological samplings and trench side cuts, and its payment of
taxes on the land, while Atok Big Wedge Corporation, made claims as to portions of
Lots 1-‐5 and all of Lots 6-‐9, and by the Republic of the Philippines, through the
Bureau of Forestry Development, as to lots 1-‐9.
The Bureau of Forestry Development also interposed its objection, arguing
that the land sought to be registered was covered by the Central Cordillera Forest
Reserve under Proclamation No. 217 dated February 16, 1929. Moreover, by reason
of its nature, it was not subject to alienation under the Constitutions of 1935 and
1973.
The Court of Appeals affirmed the surface rights of the de la Rosas over the
land while at the same time reserving the sub-‐surface rights of Benguet and Atok by
virtue of their mining claims.
Both Benguet and Atok have appealed to this Court, invoking their superior
right of ownership. The Republic has filed its own petition for review and reiterates
its argument that neither the private respondents nor the two mining companies
have any valid claim to the land because it is not alienable and registerable.
Issue: Whether or not the claimants have right of ownership over the lands.
Held:
No, while it was formerly a forest land, its conversion to a mineral land still
sustains the fact that it cannot be appropriated nor disposed. This is an application
of the Regalian doctrine which, as its name implies, is intended for the benefit of the
State. Once minerals are discovered in the land, whatever the use to which it is being
devoted at the time, such use may be discontinued by the State to enable it to extract
the minerals therein in the exercise of its sovereign prerogative.
Hence, the land was not and could not have been transferred to the private
respondents by virtue of acquisitive prescription, nor could its use be shared
simultaneously by them and the mining companies for agricultural and mineral
purposes.
NATIONAL PARKS
17. Carino vs The Insular Government of the Philippine Islands (1909)
Facts:
Carino is an Igorot of the Province of Benguet where the land lies. For more
than 50 years before the Treaty of Paris, April 11, 1899, the plaintiff and his
ancestors had held the land as owners. His grandfather had lived upon it and had
maintained fences. His father had cultivated parts and had used parts or pasturing
cattle, and he had used it to pasture in his turn.
No document title had issued from the Spanish Crown. In 1893-‐1894, and again in
1896-‐1897, he made an application under the royal decrees then in force, nothing
seems to come of it. In 1901, the plaintif filed a petition alleging ownership under
the mortgage law and lands were registered to him, that process however,
establishing only a possessory title, it said.
The Position of the Government is that Spain assumed, asserted and had title to all
the land in the Philippines except so far it saw fit to permit private titles to be
acquired; that if there was, a decree of June 25, 1880, required registration within a
limited time to make the title good; that the plaintiff’s land was not registered and
therefore became, if it was not always, public land; that the United States succeeded
to the title of Spain and so that the plaintiff has no rights that the Philippine
Government is bound to respect.
Issue: Whether or not the applicant/plaintiff owns the land.
Held:
Yes, the applicant is the owner of the land. It is true that Spain in its earlier
decrees embodied the universal feudal theory that all lands were held from the
Crown and perhaps the general attitude of conquering nations toward people not
recognized as entitled to the treatment accorded to those in the same zone of
civilization with themselves. It seems probable, if not certain, that the Spanish
Officials would not have granted to any one in that province the registration to
which formerly the plaintiff was entitled by the Spanish laws and which would have
made his title question good. Whatever may have been the technical position of
Spain, it does not follow that, in view of the United States, he had lost all rights and
was a mere trespasser when the present Government seized his land. The argument
to that effect seems to amount to a denial of native titles throughout an important
part of the island of Luzon, at least, for the want of ceremonies which the Spaniards
would not have permitted and had not the power to enforce.
18.
19. Lepanto Consolidated Mining Corp. vs. Manuel Dumyung, et al. (1979)
Facts:
RP, represented by Director of Lands, filed Civil Case Nos. 1068, 1069, and
1070 for annulment of Free Patents Nos. V-‐152242, V-‐155050, and V-‐152243 and its
corresponding Certificate of Title Nos. P-‐208, P-‐209 and P-‐210 on the ground of
misrepresentation and false data and information furnished by Dumyung et al.
Lepanto Consolidated Mining Corp. (Lepanto) filed a Motion for Intervention
alleging that portion of the titled lands is within ordinary timber license No. 140-‐62
dated July 7, 1961 and another is embraced in its mineral claim.
RP filed a criminal case for falsification of public documents that cause the
suspension of the aforesaid civil cases. The trial court dismissed the case.
Thereupon, the defendant filed a motion to dismiss the civil cases stating
that the extinction of criminal cases carries with it the extinction of civil cases. The
same was granted by the CFI in Baguio City, Br. 1 stating in its order that upon
issuance of Free Patents, the properties become private properties of defendants,
and that the Original Certificate of Title is indefeasible. It also stated that defendant
belongs to Cultural Minorities of the Mountain Province.
RP filed an MR and was dismissed. Thereby, a petition was filed before the
SC.
Issue: Whether or not the original certificate of title of respondent were
indefeasible.
Held:
No. It is well settled that a certificate of title is void when it covers property
of public domain classified as forest of timber and mineral land. Any title issued on
non-‐disposable lots even in the hands alleged innocent purchaser of value shall be
cancelled.
In the instant case, the land is under the timber or forest and mineral lands
which are classified as Public Land and thereby not alienable or disposable under
the Public Land Act. It is within the authority of the president, upon the
recommendation of the Secretary of Agriculture, to classify these lands.
20. Republic vs. Peralta (2003)
Facts:
Respondent claimed that they are the heirs of Benedicto B. Alondray who
applied and was granted Homestead Patent No. V-‐11244 by the Secretary of DENR
over Lot No. 3561 with an area of 237,898 sq. m. It was a portion of Lot No. 2988 of
the Guiang Cadastre located in Davao City, and on the basis of the patent, OCT No. P-‐
275 was issued. They purchased the property from their father Benedicto and were
issued TCT No. T-‐134231. The land was classified as alienable and disposable by the
Bureau of Land and they were in the possession since November 1965. Bureau of
Forestry Development (BFD) sought their permission to use the land and
constructed a building in the area. Respondents’ lawyer demanded BFD to vacate
but was ignored. The BFD asked again the permission of Benedicto to use 25 sq. m.
of the land to install generator, it was not assented but still BFD continue in the
construction. They demanded BFD to vacate the premises. They, then, filed a
complaint for recovery of possession and ownership.
In their answer BFD stated that the land was part of Mt. Apo National Park
which is considered inalienable land under Proclamation No. 59, and that although
the land is declassified as alienable and disposable property per Land classification
map No. 1412, it should not prevail over Proclamation No. 59.
RTC ruled in favor of respondent and ask BFD to vacate the land.
Issue: Whether or not the subject land is part of Mt. Apo National Park.
Held:
Yes, it is. The trial court erred in dismissing the case since they formed a
panel of commissioner to conduct relocation survey and the report of the panel
revealed that 145,682 sq. m. of the land belong to Mt. Apo Natural Park but the same
was not presented as evidence nor was the panel asked to testify with the result.
SC relaxed the rule on perfection of appeal to avert miscarriage of justice to
the state through the negligence of OSG. Being a case of public interest, the court
deemed it proper to set aside the order of RTC and CA and re-‐open the case anew.
21. Sta. Monica Industrial and Development Corporation vs. CA and The
Republic of the Phils. (1990)
Facts:
The Court of Land Registration of Zambales confirmed the title of Justo de
Perio over two (2) parcels of land in Zambales in 1912. In 1936, a portion consisting
of 10,400 square meters of the second parcel was sold to the Province of Zambales.
TCT No. T-‐1369 was issued to Mercedes de Valencia pursuant to an extrajudicial
settlement of De Perio's estate. In 1962, De Valencia sold the first parcel to Ricardo
Baloy, while in 1967, De Valencia subdivided the second parcel into five (5) lots, two
(2) of which was sold to the petitioner. Consequently, the petitioner consolidated
the two (2) parcels of land and subdivided them into several residential lots which it
sold to individual buyers.
Respondent Republic of the Philippines filed with the Court of Appeals a
complaint for the annulment of the decree in Land Registration Case (LRC) No.
6431, alleging that it was null and void for lack of jurisdiction because the land was
still within the forest zone and it was not until January 31, 1961 that said land was
released by the Bureau of Forest Development as alienable and disposable under
Land Classification Map No. 2427. Hence it cannot be the subject of disposition or
alienation as private property.
Issue: Whether or not the two (2) parcels of land be considered as private lands
Held:
Yes. The Public Land Act, which took effect on July 26, 1904, was the law
applicable to De Perio's petition for confirmation of his title to the two (2) parcels of
land. A person who had been in open, continuous, exclusive and notorious session
and occupation of public agricultural land for a period of at least ten (10) years prior
to July 24, 1904 could petition for the confirmation of his title over the land he had
so possessed and occupied. The Court held that land classification maps drawn
several years after the issuance of the decree in 1912 fail to conclusively establish
the actual classification of the land in 1912 and the years prior to that, and are
insufficient to overcome the presumption in favor of the decree's regularity.
22. REP. OF THE PHILS vs. CA, et al. (2001)
Facts:
Petitioner Republic contends that the Court of First Instance of Rizal, sitting
as a land registration court, which took cognizance of the land registration case and
all the proceedings conducted therein were invalid, that land registration courts at
the time the Spouses Gana filed their application, had no power nor authority to
determine whether the land applied for was forest or agricultural land subject of
registration since the authority to classify lands was then vested in the Director of
Lands as provided in Act Nos. 926 and 2874, that the land covered by OCT No. 4216
was still part of the unclassified forest land in 1927. Therefore the land is not
classified as alienable and disposable. Under the Regalian Doctrine, all lands not
otherwise appearing to be clearly within private ownership are presumed to belong
to the State; thus, whatever title issued before such classification is considered null
and void ab initio.
On the other hand, private respondents claim that property was already
privately owned during the Spanish regime. Thus, such person who has held the
property under color of title may institute a land registration case to have the
property brought under the Torrens system and have a title issue in his name.
Issue: Whether or not the subject property of spouses Gana is a privately-‐owned
land.
Held:
Yes. Even assuming that a particular piece of property was not yet privately
owned, private individuals or entities who held "agricultural public land" openly,
continuously, exclusively and notoriously, in the concept of owners "for a period of
ten years next preceding the twenty-‐sixth day of July 1904 were conclusively
presumed to have performed all the conditions essential to a "government grant"
and to have received the same, and shall be entitled to a certificate of title to such
land.
23. Republic vs. Court of Appeals (2008)
Facts:
Petition is by Republic of the Philippines, a complaint for reversion,
annulment of decree, cancellation and declaration of nullity of titles. Trial court
issued a decree in 1930 in favor of spouses Carag, predecessors-‐in-‐interest of
private respondents Heirs of Antonio Carag and Victoria Turingan (private
respondents), covering a parcel of land containing an area of 7,047,673 square
meters (subject property), situated in Tuguegarao, Cagayan. Transfer Certificates of
Title were issued adjudicating 100,000 sqm to the Province of Cagayan and the
remaining 6,997,921 to spouses Carag. Bienvenida Taguiam Vda. De Dayag and
others filed with the DENR requesting the same to file an action for the annulment
of the decree on the ground that the trial court did not have jurisdiction to
adjudicate a portion of the subject property which was allegedly still classified as
timber land at the time of the issuance of same decree.
Issue: Whether or not the disputed portion was still classified as timber land, and
thus not alienable and disposable, when the decree was issued in 1930
Held:
No, the lands were alienable. Unless specifically declared as mineral or forest
zone, or reserved by the State for some public purpose in accordance with law, all
Crown lands were deemed alienable. Petitioner has not alleged that the disputed
portion had been declared as mineral or forest zone, or reserved for some public
purpose in accordance with law, during the Spanish regime or thereafter. Petitioner
has not alleged that the Governor-‐General had declared the disputed portion of the
subject property timber or mineral land pursuant to Section 6 of Act No. 2874, the
prevailing law in 1930.
24. Republic of the Philippines vs. Court of Appeals, En Banc (2001)
Facts:
Petitioners move to revoke the OCT of private respondents over the disputed
land. The parcel of land involved in this case is located in Tindig na Mangga, Las
Piñas, Metro Manila, with an area of 996,175 square meters (disputed land), more
or less, and covered by OCT No. 4216.
The Municipality of Las Piñas, Rizal, now Metro Manila, was originally
classified as a forest land and out of 2,556 hectares comprising it, 1,200 hectares
were declared A and D lands in 1928 under LC Map No. 766. The rest of the
municipality was declassified as forest land and declared A and D lands only on
January 3, 1968 under LC Map No. 2623.
It appears that in 1929, the spouses Gana obtained a title over the disputed
land under OCT No. 4216. Such land had been surveyed and duly registered. On the
basis of investigations conducted by the then Bureau of Lands, now Lands
Management Bureau, it was found that the property covered by OCT No. 4216 was,
at the time of its issuance in 1929, still formed part of the forest zone and, hence,
incapable of registration as private property.
Issue: Whether or not the Court may reverse the judgment rendered in 1929
regardless of the loss of records and evidence
Held:
No, the judgment still stands. This Court had already made a declaration on
the genuineness and validity of OCT No. 4216 and the titles derived therefrom by
private respondents in the Margolles case promulgated in 1994. The Margolles case
had long become final, thus the validity of OCT No. 4216 should no longer be
disturbed and should be applied in the instant case based on the principle of res
judicata or, otherwise, the rule on conclusiveness of judgment. Allowing repeated
suits seeking to nullify OCT No. 4216 like the present case, will bring to naught the
principle of indefeasibility of titles issued under the Torrens system of land
registration.
25. Republic vs. T.A.N. Properties, Inc. (2008)
Facts:
TAN Properties Inc. applied for Original Registration of Title of two lands
located at Sto. Tomas, Batangas. The trial court issued an Order of General Default.
Respondent submitted two certifications issued by the DENR. On June 3, 1997, a
certification by the Community Environment and Natural Resources Offices
(CENRO), Batangas City, certified that the first lot falls within the ALIENABLE AND
DISPOSABLE ZONE under Project No. 30, Land Classification Map No. 582. A second
certification was also issued by the Regional Technical Director, Forest Management
Services of the DENR (FMS-‐DENR), stating “that the subject area falls within an
alienable and disposable land.” RTC and CA adjudicate the lands in favor of TAN
Properties.
Issue: Whether or not the land is alienable and disposable.
Held:
No, the land is not alienable and disposable. The certifications are not
sufficient. Under DAO No. 20, the CENRO issues certificates of land classification
status for areas below 50 hectares. In this case, respondent applied for registration
of the lot which is over 50 hectares. The CENRO certificate covered the entire Lot
10705 with an area of 596,116 square meters as per DAO No. 38, series of 1990.
Hence, the CENRO’s granting of certificate is beyond their authority. The Regional
Technical Director, FMS-‐DENR, also has no authority under DAO Nos. 20 and 38 to
issue certificates of land classification. The certification issued by the Regional
Technical Director, FMS-‐DENR, in the form of a memorandum to the trial court, has
no probative value. Further, it is not enough for the PENRO or CENRO to certify that
a land is alienable and disposable. The applicant for land registration must prove
that the DENR Secretary had approved the land classification and released the land
of the public domain as alienable and disposable, and that the land subject of the
application for registration falls within the approved area per verification through
survey by the PENRO or CENRO. In addition, the applicant for land registration must
present a copy of the original classification approved by the DENR Secretary and
certified as a true copy by the legal custodian of the official records. Respondent
failed to comply with these requirements.
26. Victoria v. Republic (2011)
Facts:
Petitioner Victoria applied for registration under the law a certain lot in
Bambang, Taguig City. Victoria testified that she and her predecessors-‐in-‐interest
have been in possession of the property continuously, uninterruptedly, openly,
publicly, adversely and in the concept of owners since the early 1940s or for more
than 30 years and have been declared as owners for taxation purposes. The
Republic did not present any evidence in support of its opposition. The MeTC
rendered a decision, granting the application for registration. The Republic appealed
the MeTC decision to the Court of Appeals (CA), pointing out in its brief that Victoria
failed to present evidence that the subject property is alienable and disposable land
of the public domain and that she failed to establish the kind of possession required
for registration. Victoria replied that the Conversion/Subdivision Plan she
submitted carried a notation that the property is within alienable and disposable
area. She attached to her brief a Certification dated November 6, 2006 issued by the
DENR, verifying the subject property as within the alienable and disposable land of
the public domain.
Issue: Whether or not the land is alienable and disposable.
Held:
Yes, the land is alienable and disposable. To prove that the land subject of the
application for registration is alienable, an applicant must establish the existence of
a positive act of the government such as a presidential proclamation or an executive
order; an administrative action; investigation reports of Bureau of Lands
investigators; and a legislative act or statute. The applicant may secure a
certification from the government that the lands applied for are alienable and
disposable, but the certification must show that the DENR Secretary had approved
the land classification and released the land of the public domain as alienable and
disposable, and that the land subject of the application for registration falls within
the approved area per verification through survey by the PENRO or CENRO. The
applicant must also present a copy of the original classification of the land into
alienable and disposable, as declared by the DENR Secretary or as proclaimed by the
President. In this case, Victoria complied with the requirements.
27. Llanes vs. Republic of the Philippines (2008)
Facts:
Spouses Gabriel and Maria Llanes applied for registration of their title over a
parcel of land located in Batangas. The said subject property was in the possession
of Gabriel’s grandmother, Eugenia Valencia since the 1930s and later bought by
Gabriel’s brother Servillano Llanes in 1965. On December 29, 1995, Spouses Llanes
purchased the subject property from Servillano and religiously paid its real
property taxes. Eventually, Spouses Llanes conveyed the subject property to ICTSI
Warehousing Inc. by virtue of Deed of Absolute Sale for which the latter applied for
registration of title over the subject property before the Regional Trial Court (RTC)
of Batangas. However, the sale could not push through since the subject property
was still in the name of Spouses Llanes. During the initial hearing, the spouses
Llanes was opposed by the Republic on the grounds that: (1) neither the Spouses
Llanes nor their predecessors-‐in-‐interest had been in an open, continuous, exclusive
and notorious possession and occupation of the subject property since 12 June 1945
or earlier; and (2) the muniments of title and/or tax declaration(s) and tax payment
receipt(s) cannot constitute competent and sufficient evidence of bona fide
acquisition of the land.
Issue: Whether or not the spouses Llanes are the bona fide owners of the subject
property.
Held:
Yes. Section 14 of the Property Registration Decree or P.D. No. 1529 provides
that “The following persons may file in the proper Court of First Instance an
application for registration of title to land, whether personally or through their duly
authorized representatives: (1) those who by themselves or through their
predecessors-‐in-‐interest have been in an open, continuous, exclusive and notorious
possession and occupation of alienable and disposable land of the public domain
under a bona fide claim of ownership since June 12, 1945, or earlier.” The evidence
submitted by the Spouses Llanes establishes that the subject property became
alienable and disposable as early as 26 March 1928; and the Spouses Llanes and
their predecessors-‐in-‐interest have been in an open, continuous, exclusive and
notorious possession of the subject property.
28. Republic of the Philippines vs. Javier (2009)
Facts:
According to Neptuna Javier, she acquired the subject land through a Deed of
Donation executed by her paternal aunt, Catalina Javier, on November 27, 1956.
However, Catalina and her husband had been in possession of the subject property
since 1907. Catalina’s heirs questioned the execution of said Deed before the Court
of First Instance (CFI) of Rizal in which the latter declared the donation void.
Nevertheless, in Deed of Partition Catalina’s heirs allocated the subject land to
Javier. On March 25, 1999, Javier filed before the Municipal Trial Court (MTC) a
verified Application for Original Registration of Title to the subject property,
pursuant to Section 14 of the Property Registration Decree or P.D. No. 1529. On
November 18, 1999, the Republic filed its Notice of Appearance and Opposition to
Javier’s application for registration, claiming among other things that neither Javier
nor their predecessors-‐in-‐interest had been in an open, continuous, exclusive and
notorious possession and occupation of the land since 12 June 1945; and that the
muniment/s of title alleged in the application did not constitute competent and
sufficient evidence of a bona fide acquisition of the subject land.
Issue: Whether or not Javier was the bona fide owner of the subject land.
Held:
Yes. Javier was able to sufficiently establish her title to the subject property, and is
entitled to register under Section 14 of P.D. No. 1529 that “The following persons
may file in the proper Court of First Instance an application for registration of title
to land, whether personally or through their duly authorized representatives: (1)
those who by themselves or through their predecessors-‐in-‐interest have been in an
open, continuous, exclusive and notorious possession and occupation of alienable
and disposable land of the public domain under a bona fide claim of ownership
since June 12, 1945, or earlier.” The totality of evidence on record bears Javier’s
claim, in compliance with the said requirements, entitling her to the registration of
title to the subject land under Section 14 (1) of the Property Registration Decree.
29. Republic vs. Imperial Credit Corporation (2008)
Facts:
On February 14, 2000, respondent filed before the RTC of Antipolo City an
application for registration of a parcel of land, as shown on Plan PSU-‐178075
containing an area of 8,993 square meters. The application alleged, among others,
that respondent “subrogated former owner Jose Tajon, who has been in open,
continuous, exclusive and notorious possession and occupation of the parcel of land,
being a part of the alienable and disposable lands of the public domain, under a
bona fide claim of ownership since 12 June 1945, by virtue of Deed of Sale with
Mortgage executed on 07 March 1966.
Petitioner argues that contrary to the Court of Appeals’ ruling that
respondent was able to prove its claim under paragraphs (2) and (4) of Section 14,
Presidential Decree (P.D.) No. 1529, respondent’s application for registration was
actually based on paragraph (1) of Section 14, P.D. No. 1529, the conditions under
which were not sufficiently established by respondent’s evidence. Although
petitioner concedes that respondent was able to show that the land applied for has
been declassified from the forest or timber zone and is an alienable public
agricultural land, respondent’s evidence failed to satisfy the requirement under
paragraph (1) of Section 14, P.D. No. 1529, that is, respondent’s possession and
occupation of the property for the length of time and in the manner required by law.
Issue: Whether the parcel of land is can be registered under PD 1529.
Held:
No. Under the Regalian doctrine, the State is the source of any asserted right
to ownership of land. This is premised on the basic doctrine that all lands not
otherwise appearing to be clearly within private ownership are presumed to belong
to the State. Any applicant for confirmation of imperfect title bears the burden of
proving that he is qualified to have the land titled in his name.
The reckoning date under the Public Land Act for the acquisition of ownership of
public lands is June 12, 1945 or earlier, and that evidence of possession from that
date or earlier is essential for a grant of an application for judicial confirmation of
imperfect title.
30. Republic v. Humbilla (2005)
Facts:
On March 5, 1999, respondents filed an application for registration of title for Lot
No. 6218-‐B in Subdivision Plan Csd-‐04-‐004665-‐D situated in Alaminos, Laguna (the
Property).[1] Respondents alleged that they have been in open, continuous, public,
peaceful and notorious possession and occupation of the Property, by themselves
and their predecessors-‐in-‐interest, prior to June 12, 1945. Among others, the
respondents presented the following documents to support their application: 1) a
blue print copy of the subdivision plan[2] Csd-‐04-‐004665-‐D approved by the
Director of Lands through Assistant Regional Director Ernesto Viquiera; 2) a
technical description[3] approved by the Land Management Bureau of the
Department of Environment and Natural Resources (DENR); 3) a certification from
the DENR Community Environment and Natural Resources Office (CENRO) which
states that the Property is entirely within the alienable and disposable zone as of
December 31, 1925 and has not been previously titled;[4] 4) a report of the Land
Management Bureau stating that the Property is not covered by any previous land
registration case;[5] and 5) tax declarations dating from 1999 back to 1945 in the
names of Mateo Abrigo and Rodrigo Abrigo after the former’s death.[6]
Issue: Whether the parcel of land is part of the alienable and disposable zone.
Held:
No. The petitioner’s contention that the Property’s status as alienable and
disposable land was unsubstantiated is likewise unavailing. As stated earlier, the
respondents offered as evidence before the trial court a certification from the DENR
CENRO stating that the Property is entirely within the alienable and disposable zone
classified under Project No. 8, Land Classification Map No. 582 and certified on
December 31, 1925.