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#43 Director of Lands vs. CA & Salazar same registered in their names.

Furthermore, it was also shown


(G.R. No. L-50340, 26 December 1984) in said report that the little portions of the land that the
By: Tangonan, Julius Salazars did occupy were only acquired thru the exercise of
force and intimidation, also of cattle that ate at some of the said
occupants produce.
Doctrine:
1. Forestal land is not registrable. Its inclusion in a title, whether 7. In 1997, the CA denied the application of the registration of the
the title be issued during the Spanish regime or under the land in question and held that courts may classify lands into
Torrens system, nullifies the title. agricultural, forestal, and disregarded the certification from the
2. A patent issued for forestal land is void. The State may sue for Bureau of Forestry that the land in question became alienable
its reversion to the public domain. Possession of forestal lands or disposable only on 02 April 1961.
cannot ripen into private ownership.
Issue: W/N the big tract of land was registrable under Sec. 48(b) of
the Public Land Law as amended by RA 1942.
Facts:
1. On 13 Mar. 1952, Tomas Cavellos, a Filipino citizen, and his
sister, Alberta Cavellas vda. de Vasquez, a Spanish citizen, sold Ratio: No.
for P50k to Soledad Salazar 5 lots of land with a total area of Held:
291.5 ha. The deed of sale didn't indicate how the Cavelloses Since it was shown that some of the private occupant-oppositors
became the owners of the land nor that they had a Spanish title testified that they did try to file homestead applications for the
thereto. portions occupied by them, but the officials of the Bureau of Lands
apprised them that the said portions of Lo and were within the
2. Then 13 years after (30 July 1965), Salazar sold them same lots
forest zone and were, therefore, not disposable. Clearly, as forestal
to her four children; Jose, Jesus, Pedro, and Aurora for P20k.
land, neither the Salazars nor their current occupants could acquire
3. The 1965 tax declarations showed that out of the 291 ha only a valid title thereto.
96 ha of which were actually being cultivated on with coconuts,
rice and abaca, and the rest of the land (195 ha) were cogon Under Secs. 6-8 of the Public Land Law, the classification,
or uncultivated land. delimitation, and survey of lands of the public domain are vested in
the President of the Philippines upon the recommendation of the
4. Then barely 2 months after their purchases, the siblings filed an
application for their registration. Therein, they alleged that the Minister of Natural Resources. While, the assignment of forest land
land was being occupied by their overseer, Nicolas Millevo. for agricultural purposes is vested in the Minister, formerly the
However, since Millevo didnt testify during the hearing, his Secretary, of Agriculture and Natural Resources.
alleged possession in behalf of the Salazars was never proven.
Further, the Salazars and their predecessors prior to 28 April 1961
5. The application was opposed by the Director of Lands and by 25 could not be considered as the 30-year requirement under Sec. 48
occupants of the land being sought to be registered.
(b) was not met. Lastly, as established by jurisprudence, tax
6. Later, Land Inspector Baldomero Esperida recommended that declarations and receipts arent conclusive evidence of ownership
the application be opposed because during his inspection of the or of the right to possess land when the same is not supported by
lots, he ascertained that the improvements thereon were made other evidence. In gist, the Salazars failed to prove that they're
by the ancestors of the private oppositor-occupants, whose entitled to register the 291-ha land in question.
occupation thereof had been open, continuous, peaceful,
exclusive, and in the concept of an owner, and that the same
persons just never filed any public land application to have the
Thus, since the land in question was considered as forest land, the Forestry, as well as the fact that it was deemed disposable and
same could not be susceptible to private ownership until the same alienable land of the public domain.
had been reclassified into agricultural land by the Director of