G.R. No. L-46800-01 April 29, 1994
Casiano Ampoloquio, Lucio Burlesa, Miguel de Castro, Norberto Guberto, Panfilo Donayre, Benito Estremos, Marcial Fernandez, Adriano Florentino, Ruben Gubato, Emiliano Ingles, Kwong Kio, Pedro Lumantad, Andres Metilla, Glicerio Metilla, Juanito Metilla, Buenaventura Panoy, Marcos Policame, Florentino Rojas, Tranquilino Suralta, Gervario Valezcas, petitioners, vs. The Hon. Court of Appeals and Heirs of Salvador Zartiga, respondents.

FACTS

Respondent Salvador Zartiga claimed ownership over nine lots (with a total area of about 289.9920 hectares) comprising the Bansalan Public Lands Subdivision Case No. 6, Cadastral No. 275. He averred he became the absolute owner by purchasing the land from Datu Julian Bagobo under a deed executed in 1927 and that petitioners had occupied portions without his consent. Petitioners denied Zartiga’s ownership, asserting the land was public land and that neither Zartiga nor his predecessor had occupied it. Zartiga filed a complaint for recovery of possession and damages (Civil Case No. 670) in the Court of First Instance of Davao. The Director of Lands intervened, asserting the property was public agricultural land, and was directed to institute compulsory registration proceedings (Cadastral Case No. N-8). The Municipality of Bansalan also filed an opposition, claiming the lots were reserved for its townsite. Evidence showed around 10,000 inhabitants and about 500 buildings, including government structures, schools, and markets, within the disputed area. The trial court rendered a decision adjudging the litigated portions in favor of Zartiga, with exceptions. On appeal, the Court of Appeals affirmed with modification, awarding Lots No. 2326, 2325, 2342, 2343, 2344, and 2416 to Zartiga. Petitioners filed this petition for review, raising issues regarding Zartiga’s ownership, possession, and identification of the land.

ISSUE

1. Whether by virtue of the alleged deed of sale respondent Zartiga was able to establish ownership or lawful acquisition over the parcels of land in question.
2. Whether there is possession by private respondent and if so, could it ripen to ownership.
3. Whether respondent Zartiga was able to identify the land in question so that there may be a valid sale.

RULING

The Supreme Court resolved to REITERATE its decision dated September 30, 1982, in the consolidated cases G.R. Nos. L-46068-69, L-46247-48, and L-47353. Applying the ruling from those cases, the Court declared the lots in dispute (Lots No. 2325, 2342, 2343, 2344, and 2416) to be public lands. The Court found that the litigated area was forestal land, as indicated by the need to make kaingin to clear it. It remained inalienable and non-disposable public domain until declared otherwise on February 4, 1956. Therefore, Datu Julian Bagobo and his predecessors could not have acquired ownership, and Zartiga could not derive valid title from him. The Court noted Zartiga’s attempt to indirectly acquire the land through the datu was haphazard, with insufficient evidence of the deed of sale, inaccurate identification of boundaries, and his inaction during the development of the Bansalan townsite. Consequently, the lots are declared public lands subject to the rights of petitioners under the public land law, and Zartiga’s action for recovery is dismissed.