SPOUSES IGNACIO PALOMO, TRINIDAD PASCUAL, and CARMEN PALOMO VDA.

DE BUENAVENTURA VS. COURT OF APPEALS, THE REPUBLIC OF THE

PHILIPPINES, FAUSTINO J. PERFECTO, RAFFY SANTILLAN, BOY ARIADO,
LORENZO BROCALES, SALVADOR DOE, and other DOES,
G.R. NO. 95608
JANUARY 21, 1997

FACTS:
Governor General William Cameron Forbes issued Executive Order No. 40 on
June 13, 1913 which reserved some square meters of land in Barrio Naga, Albay for
provincial park purposes. On December 9, 1916, The CFI of Albay ordered the
registration of 15 parcels of land covered by E.O. No. 40 to Diego Palomo. Two months
before his death, Diego Palomo donated these parcels of land to his heir, Ignacion
Palomo and Carmen Palomo which was allegedly covered by an Original Certificate of
Title.

President Ramon Magsaysay issued Proclamation No. 47 converting the area

embraced in E.O No. 40 into “Tiwi Hot Spring National Parks and Wildlife. The area was
never released as alienable and disposable portion of public domain and therefore is
neither susceptible to disposition nor registrable.

The Palomos, however, continued in possession of the property and paid real
estate taxes and introduced improvements by planting banana, pandan and coconuts.
On May 7, 1974 petitioners filed a civil case against private respondents who are all
employees of the Bureau of Forest Development who entered their land and cut down
bamboos. The Republic of the Philippines also filed a Civil Case for the annulment and
cancellation of the Certificate of Titles involving the 15 parcels of land. RTC ad CA ruled
against the Palomos.

ISSUE: Whether or not the lands claimed by the Palomos are alienable lands of the
public domain which may be acquired by adverse possession?

HELD:
No. (CA’s decision was affirmed)

The lands in the case at bar were not alienable lands of the public domain. There
was no proof that the petitioners’ predecessors in interest derived title from an old
Spanish grant. The “decisions” of the CFI were not signed by the judge but merely
certified true copies of notification to Diego Palomo bearing the signature of the clerk of
court.
It is elementary in the law governing natural resources that forest land cannot be owned
by private persons. It is not registrable and possession thereof no matter how lengthly,
cannot be converted into private property unless such lands are reclassified and
considered disposable and alienable.