BUREAU OF FORESTRY vs.

COURT OF APPEALS and

FILOMENO GALLO

In April 1966, the trial court rendered its decision ordering the

G.R. No. L-37995

hectares are mangrove and nipa swamps within a Timberland

registration of the 4 parcels of land in the name of Filomeno

Gallo. It ruled that although the controverted portion of 19.4
Block, petitioners failed to submit convincing proof that these
lands are more valuable for forestry than for agricultural

August 31, 1987

purposes, and the presumption is that these are agricultural

lands.

ISSUE:

FACTS:

WON the classification of lands of public domain by the

In 1961, Mercedes Diago applied for the registration of 4 parcels

Executive Branch of the Government into agricultural, forest or

of land situated in Buenavista, Iloilo containing an approximate

mineral can be changed or varied by the court. NO

area of 30.5 hectares. She alleged she occupied said parcels of

land having bought them from the estate of the late Jose Ma.
Nava who, in his lifetime, had bought the lands in turn from
Canuto Gustilo in 1934.
The Director of Lands opposed the application on the ground
that neither the applicant nor her predecessors-in-interest have
sufficient title over the lands applied for, which could be
registered under the Torrens systems, and that they have never
been in open, continuous and exclusive possession of the said
lands for at least 30 years.
The Director of Forestry also opposed on the ground that
certain portions of the lands, with an area of approximately
19.4 hectares are

mangrove swamps and are within a

Timberland Block.
In 1965, Filomeno Gallo purchased the subject parcels of land
from Mercedes Diago, and moved to be substituted in place of
the latter, attaching to his motion an Amended Application for
Registration of Title.
Philippine Fisheries Commission also moved to substitute
petitioner Bureau of Forestry as oppositor, since supervision
and control of said portion have been transferred from the
Bureau of Forestry to the PFC.

HELD:
Admittedly, the controversial area is within a timberland block
classified and certified as such by the Director of Forestry
in 1956. The lands are needed for forest purposes and hence
they are portions of the public domain which cannot be the
subject of registration proceedings.
Clearly therefore the land is public land and there is no need for
the Director of Forestry to submit convincing proofs that the
land is more valuable for forest purposes than for agriculture.
As provided for under Sec. 6 of Commonwealth Act No. 141, the
classification or reclassification of public lands into alienable or
disposable, mineral or forest lands is now a prerogative of the
Executive Department and not of the courts. With these rules,
there should be no more room for doubt that it is not the court
which determines the classification of lands of the public
domain but the Executive Branch, through the Office of the
President.
Furthermore, respondents cannot claim to have obtained their
title by prescription since the application filed by them
necessarily implied an admission that the portions applied for
are part of the public domain and cannot be acquired by
prescription, unless the law expressly permits it. It is a rule of
law that possession of forest lands, however long, cannot ripen
into private ownership.