Heirs of Amunategui vs. Director of Lands

Facts:

The two petition for review on certiorari begun in a application for confirmation of imperfect title and its registration with the CFI of Capiz. The parcel of land sought to be registered is known as Lot no. 885 of the Cadastral Survey of Pilar, Capiz and has an area of 645,703 square meters.

Roque and Melquiades Borre, filed the application for registration. In due time the heirs of Amunategui, filed an opposition to the said application. Further they prayed that a portion of Lot 885 containing 527,747 sq. mtrs. Be confirmed and registered in the names of the heirs.

The Director of Forestry also filed an opposition to the application for registration of title, claiming that the land was mangrove swamp which was still classified as forest land and part of the public domain.

Another oppositor, Emetrio Bereber, contends that a portion of the said land containing 117,956 was his property.

The CFI adjudicated the 117,956 sq. mtrs. to Bereber and the rest of the land containing 527,747 sq. mtrs. To Angel Alpasan (the successor-in-interest of Roque) 5/6 shares and 1/6 shares to Melquirades.

The Heirs of Amunategui and the Director of Forestry appealed with the CA.

The CA reversed the decision of the CFI and sustained the opposition of the Director of Forestry. It ruled that the title that the two private litigants have shown did not amount to registrable one in view of the opposition and evidence of the Director of Forestry.

Turning back the clock, 30 year from 1955, when the application was filed which would place it at 1925, the fact must to be accepted that during that period the land was classified as FOREST LAND, so much that timber licenses had to be issued and even Jose Amunategui tootk trouble to ask for a license to cut timber within the area, this can only mean that the aforesaid land was indeed a public forest.

The heirs of Amunategui contended that the disputed lot had been in the possession of private person for over 30 years in an OCENCO. The said lot could still be subject of registration and confirmation of title in the name of private person in accordance with Act. No. 496 (land registration Act).

Further, Lot 885 cannot be classified as forest land because it is not thickly forested but is a “mangrove swamp”. Although “mangrove swam;” is included in the classification of forest land in accordance with Section 1820 of the Revised Administrative Code, no big trees classified in Section 1821 of the said code as 1st, 2nd, 3rd groups are found in the land in question.

ISSUE: WON lot 885 is public forest land, not capable of registration in the name of private applicants

Ruling:

A forested area classified as forest land of public domain does not lose such classification simply because loggers or settlers may have stripped it of its forest covers.

The fact that no tress enumerated in Section 1821 of the Revised Admin Code are not found in lot 885 does not divert such land of being legally classified as forest land, much less a land of public domain.

Forest lands do not have to be on mountains or in out of way places. Swampy areas covered by mangroves trees, nipa palms and other trees growing in brackish or sea waters may also be classified as forest land. “for classification is descriptive of its legal nature osr status and does not have to be descriptive of what the land actually looks like.”

HISTORY

1912 – virgin forest as stated by witness Gavacao

1926 – thickly forested area as testified by Bertolde-timber license was issued and even Jose Amunategui secured one to cut timber within the area

1950 – the property was converted into fishpond

The records show that Lot 885 never ceased to be classified as forest land of public domain. Even though that the possession (OCENCO) of the petitioner for more than 30 years, no matter how long cannot ripen into private ownership.

Unless and until the land classified as “forest” is released in an official proclamation to the effect so that it may form part of the disposable agricultural land of the public domain under Section 48 (b) of CA 141, as amended by RA 1942, do not apply.

The petitions were DISMISSED for lack of merit. Lot 885 is part of the public domain, classified as public forest land.