VILLARICO V. COURT OF APPEALS 309 SCRA 193

FACTS

Sps. Teofilo and Maxima Villarico, filed an application for confirmation of the title over a parcel of land which they allege they bought from Teofilo’s father. Said application was opposed by the Director of Forestry contending that the said land forms part of the public domain as it is within the unclassified area in Meycauayan and is not available for private appropriation. The TC dismissed the case since the property forms part of the public domain therefore the certificate of title is void. The CA affirmed the findings of the Trial Court, thus the case at bar.

ISSUE:

Whether or not the property still forms part of the public domain

HELD: YES

> The SC held that both the TC and the appellate court correctly adjudged the area to be within the unclassified forest zone therefore incapable of private appropriation.
> There has been no showing that a declassification has been made declaring the said lands as disposable or alienable and the spouses have not showed evidence to lead to the court to rule otherwise.
> Thus, if the land in question still forms part of the public forest, then possession thereof, however long, cannot convert it into private property as it is beyond the power and jurisdiction of the cadastral court to register under the Torrens System.