Haystack: Manalo v. Intermediate Appellate Court (GR 64753, 26 April 1989)

Manalo v. IAC
[G.R. No. 64753. April 26, 1989.]
Third Division, Gutierrez Jr. (J): 3 concur, 1 took no part

Facts: The de Ocampos and the Santoses claim to be the co-owners of 2 parcels of land containing an area of 33.6344 hectares, more or less, and presently embraced within TCT T-44205 and T-43298 respectively, both of the Registry of Bataan; that the TCTs were acquired by the de Ocampos and the Santoses by virtue of Sales Patents 5339 and 5387 issued on 17 November 1972 and 3 February 1973, respectively, by the Director of Lands under CA 141(Public Land Law). On 2 October 1971,in view of the representation of Placido and Armando Manalo that they have in actual, peaceful, continuous and open possession of the parcels of land in Cabcaben, Mariveles, Bataan since 1944 as evidence by their documents duly filed with the Bureau of Forestry and of Lands, although the same were still then part of the U.S. Military Reservation; the Director of Lands issued Free Patents 522897 and 502977 to the Manalos, by virtue of Free Patent Application (III-4) 508 and (III-4) 519 filed with the Bureau of Lands under the provisions of Section 44, Chapter VII of the Public Land Law, and by virtue of which OCTs 296 and 297 were respectively issued in the names of the petitioners covering the disputed parcels of land.

On 18 October 1973, the de Ocampos and the Santoses instituted an action for the cancellation of the Manalos’ titles over certain parcels of land. The former prayed that their titles over the said parcels of land be declared as the true and valid ones. After hearing, the trial court found for the de Ocampos and the Santoses and ordered the cancellation of the Manalos' titles over the lots in dispute. On appeal, the appellate court sustained the trial court's decision. Hence, the Manalos filed a petition for review by certiorari.

The Supreme Court denied the petition, and affirmed the decision of the Court of Appeals; with costs against the Manalos.

1. Private respondents de Ocampo and Santos have legal personality to file
When the lots in dispute were certified as disposable on 19 May 1971, and free patents were issued covering the same, the said lots ceased to be part of the public domain and, therefore, the Director of Lands lost jurisdiction over them. Since the lots were no longer part of the public domain, holders of the titles based on free patents acquired subsequent to the declaration of alienability and disposability, have the personality to file the case against persons whom they alleged were in possession of void titles (see Heirs of Tanak Pangawaran Patiwayan v. Martinez, 142 SCRA 252, 258-260 [1986]; citing the Sumail case).

2. Land in former Military Reservation made disposable in 1971; Character unchanged during transfer from US to the Philippines in 1965
It is not correct to say that when the U.S. Military Reservation in Bataan, of which the land in question forms part, was turned over to the Philippine government, the same automatically became a disposable land of the public domain. The ownership and control over said reservation was transferred to the Philippine government, but its nature as a military reservation remained unchanged. Said parcels of land became a disposable land of public domain only on 19 May 1971, per certification of the Bureau of Forestry (Project 4-A, C-C. Map 26-40). Its disposition only by sale was duly authorized pursuant to the provisions of RA 274. If the land in question became immediately disposable upon its turn over to the Philippine government in 1965, then there is no need to certify it to be disposable in 1971. The land, thus, continued to be a military reservation land while in the custody of the Philippine government until it was certified alienable in 1971.

3. Unclassified land remains as is until released and rendered open for disposition
In Republic v. Intermediate Appellate Court, (155 SCRA 412, 418-419 [1987]), it was held that 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 (Sec. 8, CA 141, as amended: Yngson v. Secretary of Agriculture and Natural Resources, 123 SCRA 441 [193]; Republic v. Court of Appeals, 99 SCRA 742 [1980]). 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 (Secs. 8 & 10, Art. XIV, 1973 Constitution), and that the State is the source of any asserted right to ownership in land and charged with the conservation of such patrimony (Republic v. Court of Appeals, 89 SCRA 648 [1979]).

4. Finding of facts of CA conclusive absent the recognized exceptions
It is not the function of the Supreme Court to evaluate each piece of evidence presented before the lower court. Suffice it to say that we find the conclusions of the lower court and appellate courts amply supported by evidence and the time-honored doctrine is applied; that absent the recognized exceptions, the findings of fact of the Court of Appeals are conclusive on the parties and the Supreme Court; and that this Court decides appeals which only involve questions of law. (See Philippine National Bank v. Court of Appeals, 159 SCRA 433, 445 [1988]).

5. Manalo’s title null and void as it was obtained in contravention with the requirements provided by law
The big tract of land in Mariveles, Bataan to which the parcels of land involved in the case belong was formerly a portion of the U.S. Military Reservation in Mariveles, Bataan which was turned over to the Philippine Government only on 22 December 1965 (Republic v. CA, 89 SCRA 648 [1979]). Under such a situation, the Court seriously doubts whether Placido Manalo and their predecessors in-interest could have been in possession of the land since 1944 as they claimed because "lands covered by reservation are not subject to entry, and no lawful settlement on them can be acquired (Republic v. CA, 76 SCRA 146 [1976])." Thus, the Manalos appeared not to have satisfied the requirement of possession since 4 July 1945. Further, one of the requisites before a free patent could be issued would be an ocular inspection. Nothing was shown that such had been made. Lastly, the Bureau of Lands had no jurisdiction to accept the Manalo application in April 1967 as the lands were not yet surveyed. The survey plans were only approved on 17 June 1971, the annotations that the land became disposable and alienable made only on 19 May 1971. Their titles to the land in question, thus, are null and void, having been obtained in contravention with the requirements provided by law.


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