Tongson v. Director of Forestry
REITERATIONFacts
The Antecedents: Rosalina Tongson filed an application for registration of title for Lot 855 of the cadastral survey of Pilar. The Director of Forestry and Macario Bermejo opposed the application. The lower court favored Macario Bermejo. The Director of Forestry appealed. Procedural History: The case was initially elevated to the Court of Appeals, which certified it to the Supreme Court as the sole issue was one of law. The lower court found that the claims of possession and ownership of the heirs of Santiago M. Bermejo were clearly supported by evidence. The Petition: The sole appellant, the Director of Forestry, questioned whether a parcel of land, originally mangrove swamps and later converted into a fishpond, in possession of predecessors-in-interest and oppositor Bermejo since 1905, could still be considered part of the timber domain and thus not disposable.
Issue(s)
Whether a parcel of land, originally mangrove swamps and later converted into a fishpond, in possession of predecessors-in-interest and oppositor Bermejo since 1905, may still be considered as part of the timber domain which is not disposable. Whether mangrove lands, where trees are small and sparse and not of commercial value as lumber, convert the land into public land and thus part of the forest domain.
Ruling
The appealed decision is affirmed. The land in question, even if originally mangrove swamps, is not considered part of the timber domain and is disposable.
Ratio Decidendi
On whether a parcel of land, originally mangrove swamps and later converted into a fishpond, in possession of predecessors-in-interest and oppositor Bermejo since 1905, may still be considered as part of the timber domain which is not disposable: The Court affirmed the lower court's decision, holding that lands originally mangrove swamps, which were converted into fishponds and possessed openly, continuously, and adversely under claim of ownership for a period of not less than fifty years prior to the effectivity of the Administrative Code of 1917, are not considered part of the timber domain. The possession of the land by Francisco Borja, Arturo Borja, Deogracias Gayacao, and Santiago M. Bermejo, and subsequently by his heirs represented by Macario Bermejo, was established as peaceful, continuous, open, and adverse under claim of ownership for over fifty years. This prolonged possession, coupled with the conversion of the land into a fishpond, removed it from the category of public forest that is not disposable. On whether mangrove lands, where trees are small and sparse and not of commercial value as lumber, convert the land into public land and thus part of the forest domain: The Court reiterated the principle that mangrove swamps where only trees of mangrove species grow, and these trees are small and sparse, fit only for firewood purposes and not of commercial value as lumber, do not convert the land into public land. Such lands are not forest in character and do not form part of the public domain. This interpretation aligns with previous rulings, such as Jocson v. Director of Forestry and Garchitorena Vda. de Contrera v. Obias, which held that mangrove lands are not necessarily forest lands in the sense used in the Act of Congress, and that the definition of forestry including manglares in the Administrative Code of 1917 cannot affect rights that vested prior to its enactment. The Court emphasized that the characterization of the land as not being forest in character, based on the findings of the lower court, was controlling.
Main Doctrine
Lands originally mangrove swamps, converted into fishponds and possessed openly, continuously, and adversely under claim of ownership for more than fifty years prior to the effectivity of the Administrative Code of 1917, are not considered part of the timber domain and are thus disposable.