G.R. No.

L-32266 February 27, 1989

THE DIRECTOR OF FORESTRY, petitioner
vs.
RUPERTO A. VILLAREAL, respondent.

DOCTRINE:
FACTS:
Ruperto Villareal applied for its registration a land consisting of 178, 113 sq.m.
mangrove swamps located in Sapian, Capiz on January 25, 1945. He alleged that he and his
predecessors in interest had been in possession of the land for more than 40 years. Villeareal
presented a tax declaration as his evidence.
He was opposed by several persons including the Director of Forestry. The Court of First
Instance of Capiz approved the application and was affirmed by the Court of Appeals. The
Director of Forestry appealed to the Supreme Court.
ISSUE:
Whether or not mangrove swamps are public lands and are not alienable under the
constitution.
HELD:
Yes, under Section 1820 of the Administrative Code of 1917 which was not amended
declares that mangrove swamps form part of the public forest of the country.
SECTION 1820. Words and Phrases Defined. For the purposes of this chapter, public
forest includes, except as otherwise specially indicated, all unreserved public land including
nipa and mangrove swamps and all forest reserves of whatever character.
Hence, the land in dispute in not alienable under the Constitution and may not be the
subject of private ownership until and unless they are first released as forest land and classified
as alienable agricultural land.