Haystack: Director of Lands v. Court of Appeals (GR 58867, 22 June 1984)

Director of Lands v. CA
[G.R. No. 58867. June 22, 1984.]
First Division, Melencio-Herrera (J): 4 concur, 1 took no part

Facts: In their application for registration filed on 10 May 1976, applicants claimed that they are the co-owners in fee simple of the land applied for (Lot 2347, Cad-302-D, Case 3, Obando Cadastre under Plan Ap-03-000535 situated in Obando Bulacan; approximately 9.3 hectares, adjoining Kailongan River and which has been converted to a fishpond) partly through inheritance in 1918 and partly by purchase on 2 May 1958; that it is not within any forest zone or military reservation; and that the same is assessed for taxation purposes in their names. The Republic of the Philippines, represented by the Director of the Bureau of Forest Development opposed the application on the ground that the land is within the unclassified region of Obando and thus are denominated as forest lands and do not form part of the alienable portion of the public domain. After hearing, the Trial Court ordered registration of the subject land in favor of the Applicants. This was affirmed on appeal by the Appellate Court.

The parties stipulated that the land is within an unclassified region of Obando, Bulacan (as per BF Map LC 637, 1 March 1927). No evidence has been submitted that the land has been released or subsequently classified despite an Indorsement (17 November 1976), of the District Forester, to the Director of Forest Development that such land was devoid of any forest growth and forms part of a well-developed and producing fishponds, thus recommending the land to be disposed with the Public Land Law.

The Supreme Court reversed the appealed decision, and dismissed the application for registration in Land Registration Case No. N-299-V-76 of the former CFI Bulacan, Branch III; without prejudice to the availment by the applicants of the proper administrative remedy.

1. Classification of public land an exclusive prerogative of the Executive Department; Regalian Doctrine
The classification of public lands is an exclusive prerogative of the Executive Department of the Government and not of the Courts. In the absence of such classification, the land remains as unclassified land until it is released therefrom and rendered open to disposition. This should be so under time-honored Constitutional precepts. This is also in consonance with the Regalian doctrine that all lands of the public domain belong to the State, and that the State is the source of any asserted right to ownership in land and charged with the conservation of such patrimony. In the present case, the Courts a quo released the subject property from the unclassified category, which is beyond their competence and jurisdiction.

2. State cannot be estopped by the omission, mistake or error of its officials or agents
The recommendation of the District Forester for release of subject property from the unclassified region is not the ultimate word on the matter. And the fact that BF Map LC No. 637 dated 1 March 1927 showing subject property to be within the unclassified region was not presented in evidence will not operate against the State considering the stipulation between the parties and under the well-settled rule that the State cannot be estopped by the omission, mistake or error of its officials or agents.

3. Cadastral survey does not release the land as alienable; Land still within jurisdiction of Bureau of Forest Development
While it may be that the Municipality of Obando has been cadastrally surveyed in 1961, it does not follow that all lands comprised therein are automatically released as alienable. A survey made in a cadastral proceeding merely identifies each lot preparatory to a judicial proceeding for adjudication of title to any of the lands upon claim of interested parties. Besides, if land is within the jurisdiction of the Bureau of Forest Development, it would be beyond the jurisdiction of the Cadastral Court to register it under the Torrens System.

4. Unclassified land does not ripen to private ownership
Since the subject property is still unclassified, whatever possession applicants may have had, and, however long, cannot ripen into private ownership. The conversion of subject property into a fishpond by applicants, or the alleged titling of properties around it, does not automatically render the property as alienable and disposable.

5. Applicant’s remedy lies in the release of the property from its present classification
Applicants' remedy lies in the release of the property from its present classification. In fairness to applicants, and it appearing that there are titled lands around the subject property, petitioners-officials should give serious consideration to the matter of classification of the land in question.

	This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License.