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    Republic Vs CA (1992) Ownership

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    The Supreme Court ruled that a land declared as a forest reserve can be subject to a land registration proceeding if a private individual has possessed and cultivated the land in good faith prior to the classification. The Court found that the respondent and his predecessors have occupied and introduced improvements to the land in question since the 1840s, before it was declared a forest reserve in 1929. As such, the government cannot disturb the private rights and interests in the land by its classification as a forest reserve. The Court upheld the decision of the lower courts granting the land registration application and recognizing the respondent as owner of the land.

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    Republic Vs CA (1992) Ownership

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    The Supreme Court ruled that a land declared as a forest reserve can be subject to a land registration proceeding if a private individual has possessed and cultivated the land in good faith prior to the classification. The Court found that the respondent and his predecessors have occupied and introduced improvements to the land in question since the 1840s, before it was declared a forest reserve in 1929. As such, the government cannot disturb the private rights and interests in the land by its classification as a forest reserve. The Court upheld the decision of the lower courts granting the land registration application and recognizing the respondent as owner of the land.

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    Republic vs CA (1992) Ownership

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    The Supreme Court ruled that a land declared as a forest reserve can be subject to a land registration proceeding if a private individual has possessed and cultivated the land in good faith prior to the classification. The Court found that the respondent and his predecessors have occupied and introduced improvements to the land in question since the 1840s, before it was declared a forest reserve in 1929. As such, the government cannot disturb the private rights and interests in the land by its classification as a forest reserve. The Court upheld the decision of the lower courts granting the land registration application and recognizing the respondent as owner of the land.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views1 page

    Republic Vs CA (1992) Ownership

    Uploaded by

    Pre Avanz
    The Supreme Court ruled that a land declared as a forest reserve can be subject to a land registration proceeding if a private individual has possessed and cultivated the land in good faith prior to the classification. The Court found that the respondent and his predecessors have occupied and introduced improvements to the land in question since the 1840s, before it was declared a forest reserve in 1929. As such, the government cannot disturb the private rights and interests in the land by its classification as a forest reserve. The Court upheld the decision of the lower courts granting the land registration application and recognizing the respondent as owner of the land.

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    Republic vs CA (1992) – Ownership G.R. No.

    38810 May 7, 1992


    Facts:
    Enrique Cosalan (respondent), filed an application for registration of title in the Court of First Instance of
    Baguio and Benguet over a parcel of land situated in the Barrio of Kapunga, Tublay, Benguet with an area of
    303,340 square meters and described in Survey Plan Psu-139265.
    The Director of Forestry (now Bureau of Forest Development) and the Reforestation Administrator opposed
    the application alleging that neither the applicant nor his predecessors-in-interest have been in possession of
    the land applied for and that the land involved is within the Central Cordillera Forest Reserve established
    under Executive Proclamation No. 217, dated February 16, 1929, and is therefore inalienable and indisposable.
    The trial court and the appellate court granted the application of the petitioner but reduced the area, leaving a
    balance of 212,698 square meters hereby awarded to the petitioner. The appellate court has found that the
    Petitioner and his predecessors had occupied the land for a long time as owners introducing improvements
    thereof such as terraces and plantings such as rice, vegetables and fruit trees and that the land was originally
    owned by Acop the grandfather of the Petitioner and which was later on inherited by the daughter of Acop,
    one Aguinaya (both deceased) who was the mother of the petitioner.
    Issues:
    Can a land, declared a Forest Reserve, be subject of a land registration proceeding?
    Ruling:
    Yes.
    Despite the general rule that forest lands cannot be appropriated by private ownership, it has been previously
    held that "while the Government has the right to classify portions of public land, the primary right to classify
    portions of public land, the primary right of a private individual who possessed and cultivated the land in good
    faith much prior to such classification must be recognized and should not be prejudiced by after-events which
    could not have been anticipated . . . Government in the first instance 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.
    As early as in the case of Oh Cho v. Director of Lands this Court has held that "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 evidence in this case shows that as early as 1933, Aguinaya, mother of petitioner has filed an Application
    for Free Patent for the same piece of land. In the said application, Aguinaya claimed to have been in
    possession of the property for 25 years prior to her application and that she inherited the land from her
    father, named Acop, who himself had been in possession of the same for 60 years before the same was
    transferred to her. It appears, therefore, that respondent Cosalan and his predecessors-in-interest have been
    in continuous possession and occupation of the land since the 1840s.
    *** For the reasons given We do not find justification to disturb the findings of the lower courts. The land in question having been in
    open and continuous possession of respondent and his predecessors-in-interest since time immemorial, the Government cannot just
    disturb their rights, by declaring said property as forest or part of forest reserve.

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