DE LA CRUZ V. COURT OF APPEALS

A positive act of the gov’t is needed to reclassify land and until such reclassification, property remains part of the forest reserve incapable of alienation and cannot be acquired by prescription.

FACTS:

In 1973, the subject lot, a 407 sq. m. residential lot was the subject of an application under the Land Registration Act by the Ramos bros. Eugenio de la Cruz [petitioner] opposed. After trial, the application was dismissed on the ground that the land was not yet reclassified and remains part of the forest reserve. The Ramos bros. pursued the reclassification of the land and were subsequently awarded ownership of it. Cristina Villanueva, the private respondent, subsequently purchased the same lot from the brothers. Upon learning of the said sale, petitioner filed a complaint for reconveyance claiming ownership of the said land having possessed and occupied it openly, publicly, notoriously and adversely against the whole world and in the concept of an owner for more than 30 years. His complaint was dismissed. The CA affirmed in toto the decision of the trial court thus the case at bar.

ISSUES:

Whether or not petitioner is vested with a better right over the residential lot to which he possessed and devoted time, effort and resources

HELD: NO

Petitioner possessed and occupied the land after it was declared by the Gov’t as part of the forest zone. Forest lands or forest reserves are not capable of private appropriation, and possession thereof, however long, cannot convert them into private property.
A positive act by the government is needed to declassify land and to convert it to alienable or disposable land. And until such declassification, there is no disposable land to speak of.