G.R. No.
132115 The trial court dismissed the case saying that “a certificate of
January 4, 2002
TEOFILO C. VILLARICO, Petitioner, v.
COURT OF APPEALS, DIOSDADO AZARRAGA and
LOLITA ACEBO AZARRAGA, respondents.
Ponente: QUISUMBING, J.:
DOCTRINE:
Private persons cannot own forest lands. Possession thereof, no
matter how long, does not ripen into a registrable title.
FACTS:
Spouses Villarico filed an application for confirmation
of title over a parcel of land in Meycauayan, Bulacan. The
applicants alleged that 1)they are the absolute owners of the
property having bought the same from Segundo Villarico and
Mercedes Cardenas, 2) they and their predecessors-in-interest
have been in actual, open, adverse and continuous possession
thereof for more than 30 years, 3) they are not aware of any
mortgage or encumbrance thereon nor of any person having an
estate or interest therein, and 4) the land involved is not within
the forest zone or government reservation.
Marcos Camargo opposed the application for the registration of
the land claiming that he is the real owner thereof. The
Government interposed its opposition, through the Director of
Forestry, averring that the land in question is part of the public
domain, within the unclassified area in Meycauayan, Bulacan
hence, it is not available for private appropriation.
title is void when it covers property of the public domain
classified as forest or timber and mineral lands. Any title thus
issued on non-disposable lots, even in the hands of an innocent
purchaser for value, should be cancelled.”
ISSUE:
Whether or not the property in question can be registered by
the applicant or by the oppositor or by their respective
predecessors-in-interest?
HELD:
The Supreme Court Held in the negative. Since there is
no showing that a declassification has been made by the
Director of Forestry declaring the land in question as
disposable or alienable, the land remains to be part of the
public domain as a forest land. Considering this, possession of
the land in question by the applicants and/or their predecessors-
in-interest even for more than 30 years does not convert the
land into private property capable of private appropriation.
NOTES/RATIO:
The SC stated that forest lands cannot be owned by private
persons. Its possession, no matter how long it is, does not ripen
into a registrable title. Furthermore, it must be noted that the
adverse possession which may be the basis of a grant of title or
confirmation of an imperfect title refers only to alienable or
disposable portions of the public domain.
DIGEST AUTHOR: Sandoval, B.C.