Lands v. Court Of Appeals

GANCAYCO, J.:

This is a petition for review of the decision of the Court of Appeals in CA-G.R. No. 48663-R dated January 15,1980.1 The facts of the case are succinctly related in the appealed decision as follows: 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 1328 were cancelled and TD 1344 was issued in PICHEL'S name (Exh. 1).ℒαwρhi৷ Subsequently, PICHEL occupied and took possession of 59.9231 hectares of public land, located east of MOROLAND, which he used as a PASTURE LAND.

There is no concrete evidence as to the date he started occupying the same. On March 24, 1948, PICHEL sold MOROLAND to APPLICANT. Later, or on December 20, 1950, the heirs of PICHEL, for P 640.00, sold and assigned their rights and interests over the 59.9231 hectare PASTURE LAND to APPLICANT.

It is worth noting that in the sale, what was transferred to APPLICANT was the tranferor's rights over the PASTURE LAND and not the land itself. In other words, the heirs of PICHEL, as sellers, did not consider themselves as the absolute owners in fee simple of the PASTURE LAND. Before the execution of the said assignment of rights in 1950, APPLICANT, from December 27 to 29, 1948, had caused the survey of MOROLAND and the PASTURE LAND.

Plan PSU-123283 was made where it appeared that APPLICANT'S entire property had an area of 104.9231 hectares, which is the subject matter of the Land Registration Case (hereinafter to be referred to as the "SUBJECT PROPERTY"). The APPLICANT subsequently caused the subdivision of the SUBJECT PROPERTY into five lots, as follows: (1) Lot A-with an area of 23.8534 hectares ; (2) Lot B-with an area of 23.9977 hectares ; (3) Lot C-with an area of 23.9998 hectares ; (4) Lot D-with an area of 23.6360 hectares ; and (5) Lot E-with an area of 9.4162 hectares ; TOTAL