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Ruling: No. Petitioner failed to show that he has title to the lot, which may
be confirmed under the Land Registration Act. All lands that were not
acquired from the Government, either by purchase or by grant, belong to
the public domain. An exception to the rule would be any land that should
have been in the possession of an occupant and of his predecessors in
interest since time immemorial, for such possession would justify the
presumption that the land had never been part of the public domain or
that it had been a private property even before the Spanish conquest.
The applicant does not come under the exception, for the earliest
possession of the lot by his first predecessor in interest began in
1880.Under the Public Land Act, Oh Cho is not entitled to a decree of
registration of the lot, because he is an alien disqualified from acquiring
lands of the public domain. Oh Cho predecessors in interest would have
been entitled to a decree of registration had they applied for the same. The
application for the registration of the land was a condition precedent,
which was not complied with by the Lagmeos who was not able. Hence, the
most they had was mere possessory right, not title. This possessory right
was what was transferred to Oh Cho, but since the latter is an alien, the
possessory right could never ripen to ownership by prescription. As an
alien, Oh Cho is disqualified from acquiring title over public land by
prescription.
Facts: Acme Plywood & Veneer Co., Inc., a corp. represented by Mr. Rodolfo
Nazario, acquired 5 parcels of land measuring 481, 390 sqm., from
Mariano and Acer Infiel, members of the indigenous Dumagat Tribe and
owners of the lots-in-question from time immemorial, on October 29, 1962.
This was accordingly only registered on July 17.
Issues:
1. Whether or not the land is already a private land ?
2. Whether or not the constitutional prohibition against their
acquisition by private corporations or associations applies?
Ruling:
YES the land is already a private land. Lands already acquired, by
operation of law not only a right to a grant, but a grant of the Government,
for it is not necessary that a certificate of title should be issued in order
that said grant may be sanctioned by the courts, an application therefore
is sufficient.
It had already ceased to be of the public domain and had become private
property, at least by presumption
The application for confirmation is mere formality, the lack of which does
not affect the legal sufficiency of the title as would be evidenced by the
patent and the Torrens title to be issued upon the strength of said
patent.The effect of the proof, wherever made, was not to confer title, but
simply to establish it, as already conferred by the decree, if not by earlier
law
2. NO. The constitutional prohibition against their acquisition by private
corporations or associations does not apply. The land was already private
land to which the Infiels had a legally sufficient and transferable title on
October 29, 1962 when Acme acquired it from said owners, it must also be
conceded that Acme had a perfect right to make such acquisition.The only
limitation then extant was that corporations could not acquire, hold or
lease public agricultural lands in excess of 1,024 hectares
Facts: The Manila Electric Company purchased two lots (165 sqm.) at Tanay,
Rizal on August13, 1976 from Piguing spouses. After acquisition, they
subsequently filed for judicial confirmation of imperfect title on Dec. 1,
1976. However, the court denied the petition and the corresponding
appeal was likewise rejected. It elevates its appeal with the
following arguments; firstly, the land in question had essentially
been converted to private land by virtue of acquisitive prescription
as a result of open continuous and notorious possession and
occupation for more than thirty years by the original owner,
Olimpia Ramos and his predecessor in interest, Piguing
spouses, whom Meralcoa c q u i r e d t h e d i s p u t e d l a n d , a n d f i n a l l
y, the substantial rights acquired by Ramos spouses and
Peguing spouses for judicial confirmation of imperfect title, extend
to Meralco by virtue of the provision of the Public Land Law.
Issues:
1. Whether or not Meralco as a juridical person, allowed under the law
to hold lands of public domain and apply for judicial confirmation of
imperfect title.
2. Does the possession tacked to predecessor Private
Corporation automatically guarantee its rights to possession and title of
the land.
3. Whether or not it is contingent for a judicial confirmation of title
before any grant would be extended to a juridical person.
Ruling:
1. No. Private corporation or juridical person is prohibited and not
allowed under thelaw to hold land of public domain. Article XIV Sec.
14 of the 1973 Constitution prohibits private corporations from
holding alienable lands of the public domain except for lease of lands
not exceeding one thousand hectares.
2 .No. The presumption that since they bought the property from
the person who occupied the land in open, continuous and notorious
possession of the public land for more than thirty years, does not
automatically amount to rights and possession. It would cease to be
public only upon the issuance of the
certificateo f t i t l e t o a n y F i l i p i n o c i t i z e n c l a i m i n g i t u n d e r t
he law. This conclusion isanchored on the principle that"
a l l l a n d s t h a t w e r e n o t a c q u i r e d f r o m t h e Government,
either by purchase or by grant, belong to the public domain . The
exception to the rule is only when the occupant and his predecessors-
in-interest since time immemorial, for such possession would justify
the presumption that the land had never been part of the public domain
or that it had been a private property even before the Spanish conquest."
Facts: On December 18, 1880, Nemesio Pinlac sold the land in question,
then a fish pond, to Apolonio Garcia and Basilio Mendoza for the sum of
P12, reserving the right to repurchase the same . After having been in
possession thereof for about eight years, and the fish pond having been
destroyed, Apolonio Garcia and Basilio Mendoza, on September 5, 1899,
sold it to Valentin Susi for the sum of P12, reserving the right to repurchase
it. Before the execution of the deed of sale, Valentin Susi had already paid
its price and sown "bacawan" on said land, availing himself of the firewood
gathered thereon, with the proceeds of the sale of which he had paid the
price of the property. The possession and occupation of the land in
question, first, by Apolonio Garcia and Basilio Mendoza, and then by
Valentin Susi has been open, continuous, adverse and public, without any
interruption, except during the revolution, or disturbance, except when
Angela Razon, on September 13, 1913, commenced an action in the Court
of First Instance of Pampanga to recover the possession of said land. The
court rendered judgment in favor of Valentin Susi and against Angela
Razon. Angela Razon applied to the Director of Lands for the purchase
thereof on August 15, 1914. Having learned of said application, Valentin
Susi filed and opposition thereto on December 6, 1915, asserting his
possession of the land for twenty-five years. After making the proper
administrative investigation, the Director of Lands overruled the
opposition of Valentin Susi and sold the land to Angela Razon. By virtue of
said grant the register of deeds of Pampanga, on August 31, 1921, issued
the proper certificate of title to Angela Razon. Armed with said document,
Angela Razon required Valentin Susi to vacate the land in question, and as
he refused to do so, she brought and action for forcible entry and detainer.
After trial, whereat evidence was introduced by both parties, the Court of
First Instance of Pampanga rendered judgment declaring the Valentin Suzi
entitled to the possession of the land, annulling the sale made by the
Director of Lands in favor of Angela Razon, and ordering the cancellation
of the certificate of title issued to her, with the costs against Angela Razon.
From this judgment the Director of Lands took made an appeal.
Ruling: It clearly appears from the evidence that Valentin Susi has been in
possession of the land in question openly, continuously, adversely, and
publicly, personally and through his predecessors, since the year 1880,
that is, for about forty-five years. When Angela Razon applied for the
purchase of said land, Valentin Susi had already been in possession thereof
personally and through his predecessors for thirty-four years. And if it is
taken into account that Nemesio Pinlac had already made said land a fish
pond when he sold it on December 18, 1880, it can hardly be estimated
when he began to possess and occupy it, the period of time being so long
that it is beyond the reach of memory. These being the facts, the doctrine
laid down by the Supreme Court of the United States in the case of Cario
vs. Government of the Philippine Islands (212 U. S., 449 1), is applicable
here. In favor of Valentin Susi, there is, moreover, the presumption juris et
de jure established in paragraph (b) of section 45 of Act No. 2874,
amending Act No. 926, that all the necessary requirements for a grant by
the Government were complied with, for he has been in actual and physical
possession, personally and through his predecessors, of an agricultural
land of the public domain openly, continuously, exclusively and publicly
since July 26, 1894, with a right to a certificate of title to said land under
the provisions of Chapter VIII of said Act. So that when Angela Razon
applied for the grant in her favor, Valentin Susi had already acquired, by
operation of law, not only a right to a grant, but a grant of the Government,
for it is not necessary that certificate of title should be issued in order that
said grant may be sanctioned by the courts, an application therefore is
sufficient, under the provisions of section 47 of Act No. 2874. If by a legal
fiction, Valentin Susi had acquired the land in question by a grant of the
State, it had already ceased to be the public domain and had become
private property, at least by presumption, of Valentin Susi, beyond the
control of the Director of Lands. Consequently, in selling the land in
question to Angela Razon, the Director of Lands disposed of a land over
which he had no longer any title or control, and the sale thus made was
void and of no effect, and Angela Razon did not thereby acquire any right.
Section 2 of the Act No. 2932 provides that "All such lands may be leased
by the Secretary of Agriculture and Natural Resources in the manner and
subject to the rules prescribed by the Council of State.
Under the provisions of this Act, the authority of the Secretary of
Agriculture and Natural Resources to make such a lease is confined to
lands "containing petroleum and other mineral oils and gas in the
Philippine Islands."
In the instant case, the stipulation shows that the mining claims are
situated in a comparatively uninhabited district four miles from any port,
and that they can only be reached over mountain trails which have been
maintained at the expense of the plaintiff. If it be a fact that the claims do
contain petroleum in paying quantities, it would be of immense value to
the commercial interests of the Philippine Islands. As evidence of his good
faith, the plaintiff has expended P12,000 in the development of the
property, and has found evidence tending to show that the claims do
contain petroleum and other mineral oils. At this time and under such
circumstances, it would be a gross injustice to deprive him of his property
rights through forms and technicalities. The locations were made upon the
unappropriated public domain, and to maintain them, and as evidence of
good faith, the law requires the performance of the annual assessment
work, and that question is not disputed or presented in the record.
In the instant case, we hold that, even though a valid mineral location was
made prior to the passage of Act No. 2932 and the annual assessment work
had not been performed since the passage of the Act, and that question is
raised and presented by an appropriate plea and sustained by the proof,
any prior rights under the location would then be forfeited, and such lands
would then be subject to, and come under, the provisions of Act No. 2932.
The appellees are Igorrots, and it is found that, for fifty years, and probably
for many more, Fianza and his ancestors have held possession of these
mines. He now claims title under the Philippine act of July 1, 1902, chap.
1369, 45, 32 Stat. at L. 691. This section reads as follows:
that where such person or association, they and their grantors, have held
and worked their claims for a period equal to the time prescribed by the
statute of limitations of the Philippine Islands, evidence of such possession
and working of the claims for such period shall be sufficient to establish a
right to a patent thereto under this act, in the absence of any adverse claim;
but nothing in this act shall be deemed to impair any lien which may have
attached in any way whatever prior to the issuance of a patent.
Fianza testified, that his grandfather and father had owned the mines in
question, and that he and the other appellees owned them in their turn;
that they had all worked the mines, that no one else had claimed them, and
that the appellant had interfered with his possession, and, when he put up
a sign, had torn it down. No doubt his working of the mines was slight and
superficial according to our notions, and the possession may not have been
sharply asserted as it would have been with us, whether from Igorrot habits
or from the absence of legal title under Spanish law. But it sufficiently
appears that the appellee's family had held the place in Igorrot fashion,
and to deny them possession in favor of Western intruders probably would
be to say that the natives had no rights under the section that an American
was bound to respect. Whatever vagueness there may have been in the
boundaries, it is plain that the appellant attempted to locate a claim within
them, and Fianza testified that the plan to which we have referred followed
the boundaries that his father showed to him. It is said that the claim is
larger than is allowed by 22. But the limitation of that section applies
only to claims 'located after the passage of this act.'
It is to be assumed, then, that the appellees and their ancestors had held
possession and had worked their claims for much more than the period
required by 45, before the moment when the statute went into effect. It
is to be assumed that the possession and working continued down to
within two months of that moment. The bill, to be sure, alleges that Reavis,
in 1900, illegally entered and deprived the appellees of their mines, and
that he still continues to maintain his unjust claim. But further on it alleges
that, in the spring of 1902, Reavis was directed by the governor of Benguet
not to molest the appellees; that he then waited in Manila, and, after the
promulgation of the law, 'again entered,' set stakes, and filed a notice of
location. So that the bill does not mean that he was continuously in
possession, or that he was in possession when the law took effect. We are
of opinion that there was no adverse claim that would have prevented the
appellees from getting a patent under 45.
It is suggested that the possession of Fianza was not under a claim of title,
since he could have no title under Spanish law. But, whatever may be the
construction of Rev. Stat. 2332, the corresponding 45 of the Philippine
act cannot be taken to adopt from the local law any other requirement as
to the possession than the length of time for which it must be maintained.
Otherwise, in view of the Spanish and American law before July 1, 1902,
no rights could be acquired, and the section would be empty words;
whereas, as we have said before, another section of the act, 16, still
further shows the intention of Congress to respect native occupation of
public lands.
The record shows that at the time of the delivery of said parcel of land to
the petitioners, it was unoccupied and unimproved public land; that since
their entry upon the possession of the land in the year 1884, they and their
ancestors have been in the open, continuous, exclusive, and notorious
possession and occupation of the same, believing in good faith that they
were the owners; that the petitioners had cleared, improved, and cultivated
the land and have constructed and maintained their homes thereon,
exercising every requisite act of ownership, for a period of more than
thirty-nine years, in open, continuous, exclusive, and notorious possession
and occupation, without any interruption whatsoever; that the land in
question was never partitioned among the petitioners because it was the
custom of the Bagos, Igorots, or non-Christians to occupy and possess
their land in common; that the petitioners believed, and had a right to
believe, from the fact that the land was given by
the gobernadorcillo and principalia of the municipality, that they thereby
became the owners, to the exclusion of all others, and are now justified in
their petition to have the said land registered under the Torrens system in
their names, as the owners in fee simple, pro indiviso.
Ruling: The Supreme Court held that the judgment entered dismissing the
petition of the applicants, should be reversed and the record remanded to
the court a quo, with permission on the part of the petitioners to make
such amendment to their petition as they may deem wise and necessary
and to present such additional evidence as they may desire; and that the
oppositors be permitted to present whatever evidence they may have in
opposition, with the understanding that the evidence which has heretofore
been adduced shall stand as a part of the evidence of the main trial.
The present case is not altogether unlike the case of Cario vs. Insular
Government (7 Phil., 132). In the course of that decision, Mr. Justice
Holmes, speaking for the court, said: We hesitate to suppose that it was
intended to declare every native, who had not a paper title, a trespasser
and to set the claims of all the wilder tribes afloat. Whatever the law upon
these points may be, every presumption is and ought to be against the
government in the case like the present." Mr. Justice Holmes adds: "If there
is doubt or ambiguity in the Spanish law, we ought to give the applicant
the benefit of the doubt."
In the Royal Cedula of October 15, 1754, we find the following: "Where
such possessors shall not be able to produce title deeds, it shall be
sufficient if they shall show that ancient possession as a valid title by
prescription." We may add that every presumption of ownership under the
public land laws of the Philippine Islands is in favor of one actually
occupying the land for many years, and against the Government which
seeks to deprive him of it, for failure to comply with provisions of
subsequently enacted registration land act.
Facts: On June 23, 1903, Mateo Carino, an Igorot from the Province of
Benguet, went to the Court of Land Registration to petition his inscription
as the owner of a 146 hectare land hes been possessing in the then
municipality of Baguio. Mateo only presented possessory information and
no other documentation. The State opposed the petition averring that the
land is part of the US military reservation. The CLR ruled in favor of Mateo.
The State appealed. Mateo lost. Mateo averred that a grant should be given
to him by reason of immemorial use and occupation. Mateo Carino,
contests dismissal of application of registration of their ancestral land
through writ of error. Carinos ancestors maintained fences for cattle,
cultivated some parts, and pastured parts for cattle for more than 50 years
before the Treaty of Paris (April 11, 1899). This land is also used for
inheritance in accordance to Igorot custom. Although the plaintiff applied
in 1893-1894 and 1896-1897, no document of title was issued by Spanish
Crown. In 1901, plaintiff alleged ownership under mortgage law and the
lands were registered to him but it only established possessory title.
The lower court granted the application of land registration on March 4,
1904.
Ruling: YES. Plaintiff Carino should be granted what he seeks and should
not be deprived of what by the practice and belief of those among whom
he lived, was his property, through a refined interpretation of an almost
forgotten law of Spain.
The grant to the plaintiff was the result of the principle of Prescription as
mentioned in the royal cedula of 1754 states: Where such possessors shall
not be able to produce title deeds, it shall be sufficient if they shall show
that ancient possession, as a valid title by prescription.
Moreover, the Decree of June 25, 1880 states that possessors for certain
times shall be deemed owners; if a cultivated land 20 years, if uncultivated
30 years. Here, plaintiffs father was the owner of the land by the very
terms of this decree.- By Organic Act of July 1, 1902, all the property and
rights acquired there by the United States are to be administered for the
benefit of the inhabitants thereof. Obiter Writ of error is the general
method of bringing cases to this court (Federal SC), and appeal the
exception, confined to equity in the main.
Every presumption is and ought to be against the government in a case like
present.
The court said that the reason for taking over the Philippines was different
(compared to occupation of white race against Native Americans). Our
first object in the internal administration of the islands is to do justice to
the natives not to exploit their country for private gain.
The effect of proof was not to confer title but simply to establish it, as
already conferred by the decree, if not by earlier law.
Sometime in 1940 or 1941, the parcel of land was forfeited in favor of the
government for failure to pay real estate taxes. However, the same was
redeemed in 1942 by Vitaliano Aguirre, one of the three children of
Candida Fernandez, who was then the administrator of the property. A
final deed of sale was executed by the Provincial Treasurer of Tayabas in
1944 in favor of Vitaliano Aguirre. It had been agreed among the heirs that
the property would first be held by Vitaliano in trust for the others until
such time that partition among them was effected. The heirs of Candida
Fernandez later partitioned the property among themselves. The particular
lot now disputed in this petition was adjudicated in favor of the applicants-
respondents.
On November 26, 1982, the trial court rendered its decision adjudicating
the land to applicants. The IAC affirmed said decision.
Issue: Whether or not the IAC is correct in granting the land registration.
Ruling: Yes. The land sought to be registered was declared alienable and
disposable 33 years ago. It is not forest land. It has been possessed and
cultivated by the applicants and their predecessors for at least three
generations. The attempts of humble people to have disposable lands they
have been tilling for generations titled in their names should not only be
viewed with an understanding attitude but should, as a matter of policy,
be encouraged.
It was rather sweeping for the appellate court to rule that after an applicant
files his application for registration, the burden shifts totally to the
government to prove that the land forms part of the unclassified forest
zone. The ruling inHeirs of Amunategui vs. Director of Forestry (126 SCRA
69) governs applications for confirmation of imperfect title. The applicant
shoulders the burden of overcoming the presumption that the land sought
to be registered forms part of the public domain.
The Regalian doctrine which forms the basis of our land laws and, in fact,
all laws governing natural resources is a revered and long standing
principle. It must, however, be applied together with the constitutional
provisions on social justice and land reform and must be interpreted in a
way as to avoid manifest unfairness and injustice.
Oposa et.al , petitioners v. Fulgencio s. Factoran, Jr., in his capacity as the Secretary of the
Department of Environment and Natural Resources, and HON. Eriberto u. Rosario, Presiding
Judge of the RTC, Makati, Branch 66, respondents.
Facts: The principal plaintiffs therein, are all minors duly represented and
joined by their respective parents. Impleaded as an additional plaintiff is
the Philippine Ecological Network, Inc. (PENI), a domestic, non-stock and
non-profit corporation organized for the purpose of, inter alia, engaging
in concerted action geared for the protection of our environment and
natural resources. The complaint was instituted as a taxpayers' class
suit and alleges that the plaintiffs are all citizens of the Republic of the
Philippines, taxpayers, and entitled to the full benefit, use and enjoyment
of the natural resource treasure that is the country's virgin tropical forests.
They further asseverate that they represent their generation as well as
generations yet unborn and asserted that continued deforestation have
caused a distortion and disturbance of the ecological balance and have
resulted in a host of environmental tragedies. Plaintiffs prayed that
judgment be rendered ordering the respondent, his agents, representatives
and other persons acting in his behalf to cancel all existing Timber License
Agreement (TLA) in the country and to cease and desist from receiving,
accepting, processing, renewing or approving new TLAs.
On 22 June 1990, the defendant Secretary Factoran, Jr., filed a Motion to
Dismiss the complaint based on two (2) grounds, namely: (1) the plaintiffs
have no cause of action against him and (2) the issue raised by the plaintiffs
is a political question which properly pertains to the legislative or
executive branches of Government.
The RTC Judge sustained the motion to dismiss, further ruled that granting
of the relief prayed for would result in the impairment of contracts which
is prohibited by the Constitution. Plaintiffs thus filed the instant special
civil action for certiorari and asked the court to rescind and set aside the
dismissal order on the ground that the respondent RTC Judge gravely
abused his discretion in dismissing the action.
Issues:
Ruling:
The instant petition is granted, and the challenged order of
respondent Judge dismissing Civil Case No. 90-777 is set aside.
3.) The Court held that the Timber License Agreement is an instrument
by which the state regulates the utilization and disposition of forest
resources to the end that public welfare is promoted. It is not a contract
within the purview of the due process clause thus, the non-impairment
clause cannot be invoked. It can be validly withdraw whenever dictated by
public interest or public welfare as in this case. The granting of license
does not create irrevocable rights, neither is it property or property rights.
Moreover, the constitutional guaranty of non-impairment of
obligations of contract is limit by the exercise by the police power of the
State, in the interest of public health, safety, moral and general welfare. In
short, the non-impairment clause must yield to the police power of the
State.
12. Sunbeam Convenience Foods Inc. vs. Court of Appeals 181 SCRA
445
Sunbeam Convenience Foods inc., Coral Beach Development Corp., and the Register of Deeds of
Bataan, petitioners,
vs. Court of Appeals and the Republic of the Philippines, respondents.
Facts: On April 29, 1963, the Director of Lands caused the issuance of a
Sales Patent in favor of defendant Sunbeam Convenience Foods, Inc., over
the parcels of land both situated in Mariveles, Bataan and more particularly
described and bounded as Lot 1-Sgs-2409 (area 3,113,695 sq. m ) and Lot
2-Sgs-2409 area 1,401,855 sq. m. On May 3, 1963, the aforesaid Sales Patent
was registered with the defendant Register of Deeds of Bataan who in turn
issued OCT No. Sp-24 in favor of defendant Sunbeam Convenience Foods,
Inc., for the two parcels of land above-described. Subsequently, OCT No.
Sp-24 was cancelled and TCT No. T-12421 was issued over Lot 1, Sgs-2409,
while TCT No. 12422 was issued over Lot 2, Sgs-2409, both in favor of
defendant Coral Beach Development Corporation. On May 11, 1976, the
Solicitor General instituted before the Court of First Instance of Bataan, an
action for reversion docketed as Civil Case No. 4062. SUNBEAM and CORAL
BEACH filed a Motion to Dismiss on the action for reversion. The then CFI
of Bataan dismissed the complaint adopting mainly the theory that since
the titles sought to be cancelled emanated from the administrative act of
the Bureau of Lands Director, the latter, not the courts, had jurisdiction
over the disposition of the land.
In the CA, it gave due course to the petition for certiorari by the Republic,
set aside the Order of Dismissal rendered by the Court of First Instance,
and ordered the presiding judge Hon. Pedro T. Santiago to receive the
answers of the private respondents SUNBEAM and CORAL BEACH in the
action for reversion. Hence, Sunbeam and Coral Beach filed a petition for
review.
Ruling: The petition is denied and the decision of the Court of Appeals is
affirmed.
The SC finds nothing disagreeable with the action of the Court of Appeals
to give due course to the petition considering that the issue affected a
matter of public concern which is the disposition of the lands of our
matrimony No less than the Constitution protects its policy. Also, it agreed
with the Court of Appeals' granting of the petition filed by the Republic
charging the then CFI with grave abuse of discretion. The filing of the
Motion to Dismiss the complaint for reversion by SUNBEAM and CORAL
BEACH on the ground of lack of cause of action, necessarily carried with it
the admission, for purposes of the motion, of the truth of all material facts
pleaded in the complaint instituted by the Republic.
The mere fact that a title was issued by the Director of Lands does not
confer any validity on such title if the property covered by the title or
patent is part of the public forest. The only way to resolve this question of
fact as to the classification of the land is by remanding the case to the
lower court for a full- dress trial on the issues involved.
Benguet opposed on the ground that the June Bug mineral claim covering
Lots 1-5 was sold to it on September 22, 1934, by the successors-in-interest
of James Kelly, who located the claim in September 1909 and recorded it
on October 14, 1909. From the date of its purchase, 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.
For its part, Atok alleged that a portion of Lots 1-5 and all of Lots 6-9 were
covered by the Emma and Fredia mineral claims located by Harrison and
Reynolds on December 25, 1930, and recorded on January 2, 1931, in the
office of the mining recorder of Baguio. These claims were purchased from
these locators on November 2, 1931, by Atok, which has since then been
in open, continuous and exclusive possession of the said lots as evidenced
by its annual assessment work on the claims, such as the boring of tunnels,
and its payment of annual taxes thereon.
Ruling: No. Benguet and Atok have exclusive rights to the property in
question by virtue of their respective mining claims which they validly
acquired before the Constitution of 1935 prohibited the alienation of all
lands of the public domain except agricultural lands, subject to vested
rights existing at the time of its adoption. 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.
The flaw in the reasoning of the respondent court is in supposing that the
rights over the land could be used for both mining and non-mining
purposes simultaneously. The correct interpretation is that 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. The land
is thus converted to mineral land and may not be used by any private party,
including the registered owner thereof, for any other purpose that will
impede the mining operations to be undertaken therein, For the loss
sustained by such owner, he is of course entitled to just compensation
under the Mining Laws or in appropriate expropriation proceedings.
Issue: Whether or not the granting of the application for land registration
is valid.
It is clear to the Court that the addition of subsection (c) was intended to
create a distinction between applications for judicial confirmation of
imperfect titles by members of national cultural minorities and
applications by other qualified persons in general. Members of cultural
minorities may apply for confirmation of their title to lands of the public
domain, whether disposable or not; they may therefore apply for public
lands even though such lands are legally forest lands or mineral lands of
the public domain, so long as such lands are in fact suitable for agriculture.
The rest of the community, however, "Christians" or members of
mainstream society may apply only in respect of "agricultural lands of the
public domain," that is, "disposable lands of the public domain" which
would of course exclude lands embraced within forest reservations or
mineral land reservations.
The only opposition which was presented was on the part of the Director
of Lands alleging that the land in question was the property of the
Government of the United States under the control and administration of
the Government of the Philippine Islands.
After hearing and considering the evidence, the lower court ordered and
decreed that said parcel of land be registered in the name of the said
applicant, J. H. Ankron, subject, however, to the right of the Government
of the Philippine Islands to open a road thereon in the manner and
conditions mentioned in said decision.
The appellant argues, first, that the applicant did not sufficiently identify
the land in question; second, contends that the appellant failed to prove
his possession and occupation in accordance with the provisions of
paragraph 6 of section 54 of Act No. 926; third, contends that portions of
said land cannot be registered in accordance with the existing Land
Registration Law for the reason that they are manglares.
Issue: Whether or not the granting of registration of the land was valid.
Ruling: Yes. The Government 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. In the latter case, whether the land is
agricultural, forestry, or mineral, is a question of proof. Until private
interests have intervened, the Government, by virtue of the terms of said
Act (No. 1148), may decide for itself what portions of the "public domain"
shall be set aside and reserved as forestry or mineral land. (Ramos vs.
Director of Lands (39 Phil. Rep., 175; Jocson vs. Director of Forestry, supra.)
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.
FACTS:
ISSUE:
RULING:
From the averment of facts in the complaint, it clearly appears that
the plaintiffs have been, since time immemorial in possession as owners
of the disputed land, have declared the land for tax purposes in the names
of two of them and have built their houses on the land, but that through
fraud and irregularity, defendant Rosalino Cabanatan succeeded in
securing for himself, the certificate of title in question. The foregoing
recital of facts in the complaint are sufficient averment of ownership.
Possession since time immemorial, carries the presumption that the land
had never been part of the public domain, or, that it had been a private
property even before the Spanish conquest. In the case at bar, predicated
upon the allegations in the complaint, together with the admission of
defendant Cabanatan in his answer that the amended complaint is an
action for reconveyance, which are deemed admitted on a motion to
dismiss, there can hardly be any debate that the complaint states a
sufficient cause of action for recovery of possession of the land for, settled
is the rule that the remedy of the landowner whose property has been
wrongfully or erroneously registered in another's name is, after one year
from the date of the decree, not to set aside the decree, but respecting the
decree as incontrovertible and no longer open to review, to bring an
ordinary action in the ordinary court of justice for conveyance or, if the
property has passed into the hands of an innocent purchaser for value, for
damages. (Casilan v. Espartero, 95 Phil. 799)
GOLD CREEK MINING CORPORATION vs. EULOGIO RODRIGUEZ
FACTS:
ISSUE:
Whether or not the petitioner is entitled to the patent
RULING: