Land Title and Deeds - Director of Lands Vs CA PDF
Land Title and Deeds - Director of Lands Vs CA PDF
Land Title and Deeds - Director of Lands Vs CA PDF
Court of Appeals
178 SCRA 708 (1989)
FACTS:
Ibarra and Amelia Bisnar claimed to be the owners in fee simple of two parcels of land of Pilar
Cadastre plan in Capiz. They alleged that they inherited the lands and they had been paying the
taxes.
The Director of Lands and the Director of the Bureau of Forest Development opposed Ibarra
and Amelia’s application for land registration of the said parcels of land since Land Registration
Act is not applicable to Bisnar’s contention.
Bismar asserted to apply for the benefits of Chapter 8, Commonwealth Act 141, as amended,
since they and their predecessors-in-interest have been in possession of the land as owners for
more than fifty years.
ISSUE:
- WON, the subject lots may be registered under Section 48 (b) of CA 141
DISCUSSION:
- No, the rules on confirmation of imperfect title do not apply unless there’s a positive act
of the government to declassify land which is classified as forest converting it into
alienable or disposable land for agricultural or other purposes. A parcel of forest land is
within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and
jurisdiction of the cadastral court to register under the Torrens System. Section 48 (b) of
Commonwealth Act No. 141, as amended, applies exclusively to public agricultural land.
Forest lands or areas covered with forests are excluded.
HELD:
- The application for land registration is dismissed without costs.