G.R. No.

L-37995, August 31, 1987

BUREAU OF FORESTRY, BUREAU OF LANDS and PHILIPPINE FISHERIES

COMMISSION, petitioners,
vs.
COURT OF APPEALS and FILOMENO GALLO, respondents.

PARAS, J.:

DOCTRINE: Civil Law, Land Registration; Public Lands; Lands of the public domain cannot be the
subject of registration proceedings; Where the land is public land, there is no need for the Director of
Forestry to submit convincing proofs that the land is not more valuable for agriculture than for forest
purposes.—Such contentions of private respondents do not hold water. Admittedly the
controversial area is within a timberland block or classification of the municipality and
certified to by the Director of Forestry on February 18, 1956 as lands needed for forest
purposes and hence, they are portions of the public domain which cannot be the subject of
registration proceedings. Clearly therefore the land is public land and there is no need for
the Director of Forestry to submit to the court convincing proofs that the land in dispute is
not more valuable for agriculture than for forest purposes, as there was no question of
whether the land is forest land or not. Be it remembered that said forest land had been
declared and certified as such by the Director of the Bureau of Forestry on February 18, 1956,
several years before the original applicant of the lands for registration Mercedes Diago, filed
it on July 11,1961.

FACTS

On July 11, 1961, four (4) parcels of land situated in Buenavista, Iloilo were the subject of an
application for registration by Mercedes Diago who alleged among others that she herself
occupied said parcels of land having bought them from the testate estate of the late Jose Ma.
Nava who, in his lifetime, had bought the lands in turn from Canuto Gustillo on June 21,
1934.

The Director of Lands opposed said application on the ground that neither the applicant nor
her predecessors-in-interest have sufficient title over the lands applied for, which could be
registered under the Torrens systems, and that they have never been in open, continuous
and exclusive possession of said lands for 30 years prior to the filing of the application.

The Director of Forestry on the other hand anchored his opposition principally on the
ground that certain specific portions of the lands subject matter of the application are
mangrove swamps and are within Timberland Block.

Respondent Filomeno Gallo, having purchased the subject parcel of land from Mercedes
Diago in 1965, moved to be substituted in place of petitioner Bureau of Forestry as oppositor
over a portion of the land sought to be registered, supervision and control and control of
said portion having been transferred from the Bureau of Forestry to the Philippine Fisheries
Commission.
The trial court rendered its decision ordering the registration of the four (4) parcels of land
in the name of respondent Filomeno Gallo. Petitioners appealed from said decision to the
respondent Court of Appeals. Respondent court affirmed said decision and denied a motion
for reconsideration of the same hence the present petition.

ISSUE

Whether or not the classification of lands of the public domain by the Executive Branch of
the Government into agricultural, forest or mineral can be changed or varied by the court
depending upon the evidence adduced before it. (No)

RULING

The controversial area is within a timberland block or classification of the municipality and
certified by the Director of Forestry on February 18, 1956 as lands needed for forest purposes
and hence, they are portions of the public domain which cannot be the subject of registration
proceedings. Clearly therefore the land is public land and there is no need for the Director of
Forestry to submit to the court convincing proofs that the land in dispute is not more
valuable for agriculture than for forest purposes, as there was no question of whether the
land is forest land or not.

As provided for under Sec. 6 of Commonwealth Act No. 141, which was lifted from Act No.
2874, the classification or reclassification of public lands into alienable or disposable, mineral
or forest lands is now a prerogative of the Executive Department of the government and not
of the courts. With these rules, there should be no more room for doubt that it is not the
court which determines the classification of lands of the public domain into agricultural,
forest, or mineral but the Executive Branch of the Government, through the Office of the
President.