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Heirs of Amunategui Case Digest
Heirs of Amunategui Case Digest
Roque Borre filed an application for confirmation of imperfect title before the CFI. The heirs opposed this and
prayed that the title therefor be granted to them. The Director of Forestry opposed this saying that the parcel of
land sought to be registered was a mangrove swamp which is classified as forest land. Borre sold the land to
Bereber. CFI granted the application to Bereber.
Upon appeal to CA, the said court ruled that the land was a forest land, inalienable, hence cannot be owned by
private persons. A petition for certiorari was filed before the Supreme Court--the heirs argued that:
Even though it is a mangrove swamp, there were no trees in the area which would make it a forest
Even though it is a public forest land, it is still subject to land registration proceedings because the property
had been in actual possession of private persons for many years--which made it private land
The Supreme Court resolved the issue of whether or not the parcel of land is public forest land, not capable of
registration in the names of private applicants.
Sta. Rosa Corp owns a land in Barangay Casile, Cabuyao, Laguna. This contains watersheds. Petitioner filed an
ejectment case against the occupants (respondents) in the land . Meanwhile, the respondents petitioned the DAR
for compulsory acquisition of this land under CARP. After investigation and after the DARAB hearing, the
respondents’ petition for CARP coverage was granted. Petitioner appealed before CA which affirmed DARAB’s
decision.
The issue was whether or not the Sta Rosa Corp property could be acquired under CARP.