Beruflich Dokumente
Kultur Dokumente
Republic
Facts:
This is a letter-motion
letter-motion praying
praying for reconsideration
reconsideration for the third
third time of the resolution of the Supreme
Supreme Court
denying the petition for review led by petitioner Florencia Diaz
rior
rior to this case% the Supreme
Supreme Court already
already ruled in the case of Director of Lands vs. Reyes
Reyes that the
property was inalienable as it formed part of a military reservation and the e.istence of a ossessory
/nformation Title !o &0' 1registered in the name of a certain +elecio adilla2 which the respondent in the
sited case anchored its claim on the land% was not proven
CF/ ruled in favor of the petitioner 3pon appeal% the C4 ruled in favor of the ,epublic
Subse*uently% C4 encouraged the parties to reach an amicable settlement on the matter The parties
entered into one 5owever% (S) bac$ed out from the settlement and informed the C4 that the trac$ of land
sub#ect of the amicable settlement was still within the military reservation
etitioner moved for reconsideration and assailed the decision of 6ustice +endoza saying that +endoza
should have inhibited himself when the case reached C4 since he was also the assistance Sol)en during
the initial stages of the land registration proceedings
proceedings etitioner then led for a review on certiorari which
the SC denied The +, was also denied The petitioner then wants the case referred to the SC en banc
which was li$ewise denied SC then issued a directive that no further pleadings would be entertained
etitio
etitioner
ner then wrote letters addressed
addressed to 6ustice
6ustice 7uisumbi
7uisumbing
ng and 6ustice uno allegin
alleging
g there
there was a
miscarriage of #ustice and that the petitioner was tempted to go to media regarding the situation
/ssue:
8(! the land in dispute can be registered to the petitioner
,uling:
0 The ruling in the case of Director of Lands vs. Reyes is
Reyes is applicable in this case and thus constitutes res
#udicata The Supreme Court ruled that in registration
registration cases led under the provisions
provisions of the ublic 9and
4ct for the #udicial conrmation of an incomplete and imperfect title% an order dismissing an application for
registration and declaring the land as part of the public domain constitutes res judicata%
judicata % not only against
the adverse claimant but also against all persons
& efore the military reservation was established% the evidence is inconclusive as to possession% for is is
shown by the evidence that the land involved is largely mountainous and forested 4s a matter of fact% at
the time of the hearing% it was conceded that appro.imately 0;%<=> hectares hectares of said land consist of public
forest /t is well-settled that forest land is incapable of registration? and its inclusion in a title% whether such
title be one issued using the Spanish sovereignty or under the present Torrens system of registration%
nullies
nullies the title 5owever% it is true that forest lands may be registered
registered when they have been reclassied
reclassied
as alienable by the resident in a clear and categorical manner 1upon the recommendation of the proper
departme
department nt head who has the authorit
authorityy to classify
classify the lands
lands of the public
public domain into alienab
alienable
le or
disposable% timber and mineral lands2 coupled with possession by the claimant as well as that of her
predecessors-in-
predecessors-in-interes
interest
t 3nfortunately for the petitioner% she was not able to produce
produce such evidence 5er
occupation thereof could not have ripened into ownership of the sub#ect land
; The compromise agreement is null and void The land in *uestion could not have been a valid sub#ect
matter of a contract because% being forest land% it was inalienable