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    LTD Bureau of Forestry v. CA

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    Pj Degollado
    The Bureau of Forestry opposed Mercedes Diago's application to register 4 parcels of land under the Torrens system, totaling 30.5943 hectares. The Bureau argued that portions of the land, totaling 19.4080 hectares, were located within a timberland block and consisted of mangrove swamps and forest lands that belonged to the public domain. The Court of Appeals affirmed the trial court's decision that only the 11.1863 hectares of coconut land could be registered under Filomeno Gallo's name, as the remaining 19.4080 hectares were determined to be forest lands that belonged to the public domain and were inalienable. The Supreme Court upheld this decision, finding that the

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    LTD Bureau of Forestry v. CA

    Uploaded by

    Pj Degollado
    126 views2 pages
    The Bureau of Forestry opposed Mercedes Diago's application to register 4 parcels of land under the Torrens system, totaling 30.5943 hectares. The Bureau argued that portions of the land, totaling 19.4080 hectares, were located within a timberland block and consisted of mangrove swamps and forest lands that belonged to the public domain. The Court of Appeals affirmed the trial court's decision that only the 11.1863 hectares of coconut land could be registered under Filomeno Gallo's name, as the remaining 19.4080 hectares were determined to be forest lands that belonged to the public domain and were inalienable. The Supreme Court upheld this decision, finding that the

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    The Bureau of Forestry opposed Mercedes Diago's application to register 4 parcels of land under the Torrens system, totaling 30.5943 hectares. The Bureau argued that portions of the land, totaling 19.4080 hectares, were located within a timberland block and consisted of mangrove swamps and forest lands that belonged to the public domain. The Court of Appeals affirmed the trial court's decision that only the 11.1863 hectares of coconut land could be registered under Filomeno Gallo's name, as the remaining 19.4080 hectares were determined to be forest lands that belonged to the public domain and were inalienable. The Supreme Court upheld this decision, finding that the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    126 views2 pages

    LTD Bureau of Forestry v. CA

    Uploaded by

    Pj Degollado
    The Bureau of Forestry opposed Mercedes Diago's application to register 4 parcels of land under the Torrens system, totaling 30.5943 hectares. The Bureau argued that portions of the land, totaling 19.4080 hectares, were located within a timberland block and consisted of mangrove swamps and forest lands that belonged to the public domain. The Court of Appeals affirmed the trial court's decision that only the 11.1863 hectares of coconut land could be registered under Filomeno Gallo's name, as the remaining 19.4080 hectares were determined to be forest lands that belonged to the public domain and were inalienable. The Supreme Court upheld this decision, finding that the

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Class 1

    By: PJ Degollado

    Bureau of Forestry v. CA
    Aug 31, 1987, J. Paras
    Facts:
    1. Mercedes Diago applied for registration under the torrens system of 4 parcels
    of land in Buenavista, Iloilo containing an approximate area of 30.5943
    hectares. She alleged that she occupied the land, bought them from the testate
    estate of Jose Ma. Nava (who bought it from Canuto Gustilo in 1934)
    2. The Director of Lands opposed said application saying the she did not have
    sufficient title over the lands, and they have never been in open, continuous
    and exclusive possession of said lands for at least 30 years prior to the app.
    3. The Director of Forestry also opposed on the ground that portions of the land
    (194, 080 sqm) are mangrove swamps and are within a Timberland Block
    4. Respondent Filomeno Gallo purchased the parcels of land from Diago
    5. Petitioner Philippine Fisheries Commission also moved to substitute the
    Bureau of Forestry
    6. Trial Court: 4 Parcels of land were declared to be in the name of Gallo after
    excluding Lot 1-A which is the site of the municipal hall of Buenavista town,
    and subjecting Lots 1, 2 and 3 to the road-of-way of 15 meters width
    7. Petitioners appealed in the CA alleging that the TC erred in (1) ordering the
    registration of the land which consists timberland, foreshore land, and land
    belonging to the public domain; (2) holding that the applicant had been in
    peaceful, open, continuous, uninterrupted and adverse possession in the
    concept of owner
    8. CA: affirmed TC decision and denied the MR because (1) the petitioners failed
    to submit convincing proof that these lands are more valuable for forestry than
    agricultural lands. The presumption is that these are agricultural lands, and it is
    incumbent upon the Director of Forestry to submit to the court convincing
    proofs to the contrary. (2) The lands applied for have been cultivated by the
    applicant and his predecessors-in-interest for a long time without the
    government interfering.
    Issue/s:
    1. Whether or not the determination of whether a public land is agricultural or still
    a forest land rests exclusively upon the director of forestry, sec. of natural
    resources, and the president YES
    2. Whether or not the land is presumed to belong to the public domain YES
    Held: Only the 11.1863 ha of coconut land are registered in the name of applicant
    Gallo as provided for by Public Land Law; the rest which was the area in dispute
    (19.4080ha), are forest lands or lands of public domain and are inalienable
    Ratio: 1. The area in dispute is within a timberland block and certified to by the
    Director of Forestry. The land is clearly a public land and there is no need for the
    director to submit convincing proof to the court that it is more valuable for forest
    purposes.
    3. Timber or forest lands are not alienable or disposable under the constitution.
    4. Executive branch through the office of the president, not the court, determines

    the classification of lands of the public domain into agricultural, forest or


    mineral lands.
    5. Lands of public domain cannot be acquired by prescription unless the law
    expressly permits it. Possession of forest lands cannot ripen into private
    ownership

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