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DECISION
GANCAYCO, J :
p
"In Land Registration Case No. N-32, L.R.C. No. 37146 of the Court
of First Instance of Zamboanga del Norte, Gloria Cabral-Franco
("APPLICANT" for short) sought to register a 104.9231 hectare parcel of
land situated at Sta. Maria, Siocon, Zamboanga. The Republic of the
Philippines was the sole oppositor.
The record discloses that before 1921, two natives named Ulungkaya
Isla (TD 855) and Maud Calibugan (TDs 910 and 1328) had inherited from
their ancestors, a 45-hectare parcel of land (hereinafter referred to as
"MOROLAND"), situated at Sta. Maria, Siocon, Zamboanga. On October
31, 1934, the Governor General of the Philippines issued Proclamation No.
745 declaring and creating an approximate area of 1,064 hectares, situated at
Sirawai, Zamboanga, the Port Sta. Maria Teak Forest Reserve. Whether
MOROLAND was within this forest reserve or not cannot be definitely
determined from the record.
Ulungkaya and Maud sold MOROLAND to Antonio PICHEL
sometime in 1940. TDs 855, 910 and 1323 were cancelled and TD1344 was
issued in PICHEL's name (Exh. I). Subsequently, PICHEL occupied and
took possession of 59.9231 hectares of public land, located east of
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23.3534 hectares;
23.9977 hectares;
23.9993 hectares;
23.6360 hectares; and
9.4162 hectares;
104.9231 hectares; *
The government appealed from the said decision of the trial court based on
the following assigned errors:
"I
THE TRIAL COURT ERRED IN NOT HOLDING THAT
APPLICANT FAILED TO ESTABLISH THE IDENTITY OF THE LAND.
II
THE TRIAL COURT ERRED IN NOT FINDING THAT THE
LAND APPLIED FOR IS WITHIN THE FOREST RESERVATION.
III
THE TRIAL COURT ERRED IN NOT FINDING ADVERSE TO
APPLICANT'S CAUSE HER FILING OF AN APPLICATION FOR
HOMESTEAD ON THE LANDS IN QUESTION." 3
In disposing of the appeal the appellate court made the following findings
and conclusions:
"Firstly.
The PASTURE LAND should have been excluded from
the SUBJECT PROPERTY ordered registered in APPLICANT's favor.
APPLICANT was not able to prove that the PASTURE LAND had been
possessed by PICHEL and by herself for 30 years or more. Even conceding
that PICHEL had taken possession of the PASTURE LAND under a claim of
ownership, it could not have been earlier than September 10, 1940, the date
he bought MOROLAND. As the present application was filed only on
January 1, 1969, the 30-year period had not yet elapsed and the PASTURE
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APPLICANT's favor.
WHEREFORE, the Decision appealed from is hereby SET ASIDE,
and the records of this case are hereby ordered remanded to the lower court,
which is directed to take action in the registration case as herein above
indicated." 4
Not satisfied therewith, the government through the Director of Lands filed
this petition for review raising the following issues:
"I
WHETHER OR NOT THERE WAS BONA FIDE CLAIM OF
OWNERSHIP.
II
WHETHER OR NOT THERE IS CLEAR AND CONVINCING
EVIDENCE TO ESTABLISH POSSESSION.
III
WHETHER OR NOT THE SURVEYOR WOULD BE THE ONE
TO FINALLY DECIDE THAT MOROLAND BE REGISTERED IN THE
NAME OF APPLICANT." 5
The main thrust of the petition is that the portion of the decision of the
appellate court directing that MOROLAND containing about 45 hectares after a
resurvey should be registered in favor of the respondents is without cogent basis.
Petitioner alleges that respondent had not established a bona fide claim of
ownership over said portion of the public land in accordance with Section 4(b) of
Commonwealth Act No. 141, as amended; that there is no clear and convincing
evidence to establish respondent's claim of such portion as in fact there are other
occupants in the area who secured patents from the Bureau of Lands; and that the
appellate court in effect gave the surveyor unlimited discretion in conducting a
resurvey.
cdphil
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