AMUNATEGUI vs DIRECTOR OF FORESTRY I.
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Parties: Petitioners HEIRS OF JOSE AMUNATEGUI G.R. No. L!"#"$ o o RO%UE &ORRE an' ENCARNACION DELFIN G.R. No. L$(($) Res*on'ents o DIRECTOR OF FORESTRY G.R. No. L!"#"$ o ANGEL ALPASAN+ HEIRS OF MEL%UIADES &ORRE+ EMETERIO &ERE&ER an' HEIRS OF JOSE AMUNATEGUI an' THE CAPI, COURT OF FIRST INSTANCE G.R. No. L$(($)
II.
Prior Pro-ee'ins: Two petitions for review on certiorari before the SC questions the decision of the Court of Appeals which declared the disputed property as forest land two petitions have their genesis in an application for confirmation of imperfect title and its registration filed with the Court of First Instance of Capiz. oque !orre" petitioner in #.. $o" %&'((')" and *elquiades !orre" filed the application for registration. the heirs of +ose Amunategui" petitioners in #.. $o. %&,--' filed an opposition to the application of oque and *elquiades !orre. They prayed that the title to a portion of %ot $o. ) of /ilar Cadastre containing ),-"-0- square meters be confirmed and registered in the names of said 1eirs of +ose Amunategui. 2irector of Forestry" through the /rovincial Fiscal of Capiz" also filed an opposition to the application for registration of title claiming that the land was mangrove swamp which was still classified as forest land and part of the public domain 3meterio !ereber filed his opposition insofar as a portion of %ot $o. ) containing 44-"5)6 square meters was concerned and prayed that title to said portion be confirmed and registered in his name 2uring trial" applicant&petitioner oque !orre sold whatever rights and interests he may have on %ot $o. ) to Angel Alpasan. Alpasan also filed an opposition" claiming that he is entitled to have said lot registered in his name. After trial" the Court of First Instance of Capiz ad7udicated 44-"5)6 square meters to 3meterio !ereber and the rest of the land containing ),-"-0- square meters was ad7udicated in the proportion of )86 share to Angel Alpasan and 486 share to *elquiades !orre. 9nly the 1eirs of + ose Amunategui Amunategui and the 2irector of Forestry filed their respective appeals with the Court of Appeals The Court of Appeals dismissed all oppositions e:cept the 2irector of Forestry
III. T/eories o0 t/e Parties •
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1eirs of +ose Amunategui maintain that %ot $o. ) cannot be classified as forest land because it is not thic;ly forested but is a
I1. O23e-tives • •
/etitioners = To To confirm and register the land to their name espondents = To To oppose such registration because such l and is part of the /ublic 2omain
1. 4e5 Fa-ts
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The parcel of land sought to be registered is ;nown as %ot $o. ) of the Cadastral Survey of /ila r" Capiz" and has an area of 60)"-(' square meters The petitioners argue that no big trees classi fied in section 4,4 of the s aid Code as first" second and third groups are found on the land in question The petitioners furthermore contend that %ot ) even if it is a mangrove swap is still sub7ect to land registration proceedings because the property has been in actual possession of private persons for many years and therefore" said land was already private land better adapted and more valuable for agricultural than for forest purposes and not required by the public interests to be ;ept under forest classification
1I. Iss6e >9$ %ot $o. ) is public forest land
1II. R67in The petition is without merit.
1III. Ratio De-i'en'i The disputed lot no. ) is part of public domain" classified as public forest land" not capable of registration in the names of the private applicants. A forested area classified as forest land of the public domain does not lose such class ification simply because loggers or settlers may have stripped it of its forest cover. /arcels of land classified as forest land may actually be covered with grass or planted to crops by ;aingin cultivators or other farmers.
I8. Dis*osition >133F93" the petitions in #. . $o. %&'((') and #. . $o. %&,--' are 2IS*ISS32 for l ac; of merit. Costs against the petitioners.
