THE DIRECTOR OF LANDS v.

INTERMEDIATE APPELLATE COURT and ACME PLYWOOD &

VENEER CO. INC., ETC.
FACTS:
CA afrmed a decision of the Court of First Instance of Isabela ordering the registration of 5
parcels of land in favor of Acme Plyood ! "eneer Co# Inc# $AP"%# The land as ac&uired from
'ariano and Acer In(el) members of the *umagat tribe#
Summary of the trial court proceedings:
+# AP" is a duly organi,ed corporation and registered ith the S-C#
.# AP" can ac&uire real property pursuant to the Articles of Incorporation#
/# AP" ancestrally ac&uired the land from the In(els on 0ctober .1) +12.#
3# The In(els are cultural minorities#
5# The +1/5 Constitution applies because the sale too4 place in +12.#
2# The land is privately oned#
5A/67. grants absolute onership of lands occupied by tribes to said tribes#
7# AP" already introduced P35 million8orth of improvements as seen by the Court during its
ocular survey#
6# 0nership and possession by AP" as duly recogni,ed by the government#
Issue Petitioner 'ain 0pinion
$9arvasa%
*issent $'elencio8
:errera%
;hen did the
registration
proceedings
commence<
5egistration
proceedings have
been commenced
only on =uly +7) +16+)
or long after the +17/
Constitution had gone
into e>ect#
5egistration
proceedings have
been commenced
only on =uly +7) +16+?
hoever) it is
immaterial to the
validity of the
purchase#
Same as petitioner#
;hen as the land
title transferred<
+16+# The transfer
commenced hen the
registrations
proceedings ere
initiated#
+12.# The registration
proceedings in +16+
are a mere formality)
the lac4 of hich does
not a>ect the legal
sufciency of the title#
Same as petitioner#
+1/5 or +17/< +17/ +1/5 +17/
;@9 the sale of the
land as valid
9o# Section ++) Article
AI" of the +17/
Constitution prohibits
private corporations
from holding alienable
lands of the public
domain) eBcept by
lease not to eBceed
+)CCC hectares#
Des# AP" purchased
the lands in +12.#
Ender the +1/5
Constitution) hich
as still in e>ect in
+12.) corporations
could hold public
lands#
Same as petitioner#
;@9 the land as
privately oned or of
the public domain
The lands in &uestion
ere already deemed
privately oned by
the In(els in
accordance ith
prescribed /C8yr
period under the
Public Fand Act#
Said land is still public
land# It ould cease
to be public land only
upon the issuance of
the certi(cate of title
to any Filipino citi,en
claiming it under
section 36$b% under
the Public Fand Act#
;@9 AP" can apply for
Gudicial con(rmation
of title
Des# The obGection
that) as a Guridical
person) Acme is
dis&uali(ed to apply
for Gudicial
con(rmation of title
under Section 36$b% of
the Public Fand Act is
technical) rather than
substantial#
The Public Fand Act
allos only citi,ens of
the Philippines ho
are natural persons to
apply for con(rmation
of their title#