Ankron Vs Government
Ankron Vs Government
Facts:
Ankron sought to have a parcel of land registered under the Torrens Title System at the
Court of First Instance of Davao. This action was opposed by the Director of Lands,
claiming that the subject land was property of the Government of the United States,
under the control and administration of the Government of the Philippine Islands.
The lower court ruled in favor of Ankron, hence, this appeal.
The appellant, Director of Lands, contends that:
1. Applicant Ankron did not sufficiently identify the land in question
2. Applicant failed to prove his possession and occupation of the land pursuant to
the provisions of par. 6, Section 54 of Act No. 926 and;
3. Portions of the said land cannot be registered in accordance with the existing
Land Registration Law for the reason that they are manglares and should be
considered as forestry land, not agricultural.
Issue:
Whether the granting of the land registration was valid.
Ruling:
Yes. Under the provisions of Act No. 1148, the Government may, by reservation, decide
for itself what portions of public land shall be considered forestry land, unless private
insteresys have intervened before such reservation is made. Section 3 of the said Acts
further provides that “The public forests shall include all unreserved lands covered
with trees of whatever age.” In the instant case, however, the applicant was able to
sufficiently prove that the land in question was agricultural land and that he abd his
predecessors in interest had occupied the same in good faith for a period of more than
forty years prior to the commencement of present action.
The Court further stated that the fact that the land is a manglar is not sufficient for the
courts to decide whether it is agricultural, forestry or mineral land.