Tongson v.

Director of Forestry
79 SCRA 130
September 27, 1977
Mangroves not part of forest lands

FACTS: This case involves the assailment of the lower court decision in favor of Macario
Bermejo who applies for the registration of title for Lot 855 of the cadastral survey of Pilar—
with the Director of Forestry as part of the opposition.

ISSUE: Whether or not a parcel of land, in the possession of the predecessors-in-interest and
Bermejo as far back as 1905, asserted to have originally been mangrove swamps subsequently
converted to fishponds, may still be considered as part of the timber domain which is NOT
disposable.

HELD: No, they are not part of the timber domain and therefore can be disposable and
registered.

Testimonial Evidence:
1905: A parcel of land—included is Lot 855—was under the exclusive possession of Francisco
Borja who cut trees and converted them to firewood. He also established a salt factory and sold
firewood. Upon death, his son Arturo Borja took possession and continued his father’s work up
till 1910
1917: Arturo Borja, sold the land to Deogracias Gayacao as evidenced by a private document
over 30 years of age. Gayacao took possession and made improvements thereon
1940: Gayacao sold five parcels of land to Santiago M. Bermejo and one of which is cadastral
Lot 855. The notarial instrument evidenced the Sale. Bermejo possessed the land, cut trees and
also had salt factory. Upon death, his children took possession
1951: Macario Bermejo, appointed judicial administrator by the CFI, Capiz and the lot appeared
in the Revised Inventory of the estate of Santiago Bermejo. During the cadastral survey of the
land in the municipality of Pilar, Santiago claimed lot 855 and presented a cadastral answer—
this was subscribed. Stated further was the possession of Macario, who planned to convert it into
a fishpond but stopped because of the lack of funds.
1956: Macario in his capacity as administrator leased the land to Leopoldo Somes with the
approval of the CFI.

The possession of the children of Francisco Borja, Antero Borja, Deogracias Gayacao and
Santiago Bermejo was peaceful, continuous, open and adverse under the claim of ownership.
Consequently, the possession of the heirs of Santiago Bermejo with his predecessors was
likewise, peaceful, continuous, open, adverse and in concept of owners for a period of not less
than 50 years.

Respondent’s contention that under the administrative code of 1917, mangrove swamps were
included in public forests is UNTENABLE. According to Justice Moir in the case of Mapa v.
Insular Government: “the phrase ‘agricultural land’ as used in the Act No. 926 means those
public lands acquired from Spain which are not timber or mineral lands. Whatever may have
been the meaning of ‘forestry’ under the Spanish law, the Act of Congress 1902, classifies
the public lands in the Philippines as timber, mineral or agricultural and all public lands
that are NOT timber or mineral lands are necessarily agricultural public lands, whether
they are used as nipa, swamps, manglares (mangroves), fisheries, or ordinary farm lands”.

In the case of Garchitorena, Justice Ostrand stated: “The opposition rests mainly upon the
proposition that in the land covered by the application there are mangrove lands as shown, but
we think this opposition of the Director of Foresty is untenable, since mangrove lands are NOT
forests lands in the sense used in the Act of Congress”.

Also, it cannot be said that the decision to the disputed lot was originally mangrove swamps.
“Mangrove swamps where only trees of mangrove species grow, where the trees are small and
sparse, fit only for firewood purposes and the trees growing are not commercial value as lumber,
do not convert the land into public land. Such lands are not forest in character. They do not form
part of the public domain.”