6.
REPUBLIC OF THE PHILIPPINES, as represented by the DIRECTOR OF FORESTRY (nowDirector of Forest
Development) vs. HONORABLE COURT OF APPEALS,MIGUEL MARCELO, CELIA ZURBITO, HEIRS OF JOSE
ZURBITO, namely, SOLEDADVDA. DE ZURBITO, GASPAR, GUADALUPE, ADELAIDA, FELIPE, JOSE and
CECILIO, all surnamedZURBITO; No. L-46048. November 29, 1988.
FACTS:
Miguel Marcelo purchasedtwo(2) parcels of land, half fromSoledad vda. de Zurbito and another half
from the undivided shareof Soledad’s children, bothinherited from the estate of Jose Zurbito. The
Spouses Zurbito, from1909 and during their conjugal union, commenced to purchase small parcels of
land fromvarious owners adjoining the 30 hectares of land located in Calulod, Pwa (sic), Masbate, which
JoseZurbito inherited from his parents. The spouses occupied andcultivated these properties and their
possession was peaceful, adverse, public, open, and in the concept ofowners. Dr. Marcelo consolidated
ownership of the property in 1954 and paid the delinquenttaxes. He allowed his mother-in-law, Soledad
vda. de Zurbito, to continuemanaging the properties because he and his wife are living in Manila where
he is engaged in the practiceof medicine.
Miguel Marcelo filed an application for the registration of two (2) parcels of landwith an aggregate area
of 116.8441 hectares, situated in SitioCalulod, Barrio Pauwa,Masbate, Masbate.Oppositions were filed
by the Government and private parties. The opposition of theDirector of Forestry (now
ForestDevelopment), which is the one involved in the presentrecourse, was based on the ground that
the 22 hectares of the aggregate area of the two parcelsof land applied for is within forest zone andform
part of Timberland Block F, Land Classification Project No. 3, L.C.Map No. 452, Masbate, Masbate,
certified on December 22, 1924.The Director of Lands did not adduce evidence to show that the land is
part of the public domain and left to the applicant the burden of proving that in the absence of any form
of grant from the state, he acquiredan imperfect or incomplete title thereto, and has all the the
qualifications and all theconditions prescribed by law to justify the registration of the land in his name.
The The authentic document evidencing the classification of the landapplied for registration as a forest
zone has (sic) been presented. Neither the order setting aside the said portion as timber land by the
Director of Forestry nor the original plan nor a certified copy thereof showing the segregation from
which the sketch (Exhibit 22-government) has been traced or copied, was introduced.
ISSUE:
Whether the 22 hectares area which forms part of the land applied for registration by and decreed in
favor of herein private respondents is disposable agricultural land.
RULING:
Yes. Acareful perusal of his testimony, however, reveals that, insofar as relevant to this issue, said
witness merely identified and described the condition of the area claimed by the Government and
verified the location thereof as stated in Plan Psu-104631 which, as heretofore stated, is covered by
LandClassification Project No. 3 under LC Map No. 452, Masbate, Masbate, certified on December 22,
1924.As correctly observed by the trial court, supra, no authentic document evidencing the classification
of the land applied for registration as a forest zone was ever presented by the oppositor Director of
Forestry.
It is not disputed that the aforesaid Land ClassificationProject No. 3, classifying the 22-hectare area as
timberland, was certified by the Director of Lands onlyon December 22, 1924, whereas the possession
thereof by private respondents and their predecessor-in interest commenced as early as 1909. While
the Government has the right to classify portions of public land, the primary right of a private individual
who possessed and cultivated the land in good faith much prior to such classification must be
recognized and should not be prejudiced by after-events which could not have been anticipated. Thus,
We have held that the Government, in the first instance may, by reservation, decide for itself what
portions of public land shall be considered forestry land, unless private interests have intervened before
such reservation is made.
