G.R. Nos.

L-43938, L-44081, and L-44092

Republic of the Philippines (Director of Forest Development), petitioner in G.R. No. L-43938, Benguet
Consolidated, Inc., petitioner in G.R. No. L-44081, and Atok-Big Wedge Mining Company, petitioner in
G.R. No. L-44092, vs. Hon. Court of Appeals (Third Division) and Jose Y. de la Rosa, Victoria, Benjamin,
and Eduardo, all surnamed De la Rosa, represented by their father Jose Y. de la Rosa, respondents.

Date of Decision: April 15, 1988

Facts:

The cases involve an application for the registration of a parcel of land in Tuding, Itogon, Benguet
Province, filed by Jose Y. de la Rosa and his three children, Victoria, Benjamin, and Eduardo, on February
11, 1965. The land, divided into 9 lots, was the subject of opposition by Benguet Consolidated, Inc.
(Benguet) and Atok-Big Wedge Mining Company (Atok), claiming rights over mineral claims.

Benguet claimed that it acquired the June Bug mineral claim covering Lots 1-5 in 1934, while Atok
asserted ownership over portions of Lots 1-5 and all of Lots 6-9 through mineral claims made in 1930.

The Republic of the Philippines, through the Bureau of Forestry Development, also opposed the
application, asserting that the land was part of the Central Cordillera Forest Reserve.

Issue:

Whether the land sought for registration is subject to private ownership despite being classified as forest
land.

Ruling:

The Supreme Court reversed the decision of the Court of Appeals and upheld the trial court's denial of
the application for registration. The Court held that the land was mineral land by virtue of the mining
claims of Benguet and Atok, and such rights were acquired before the 1935 Constitution prohibited the
alienation of public domain lands, except agricultural ones.
The Court emphasized that the rights of Benguet and Atok were not affected by the subsequent
classification of the land as forest reserve or by constitutional restrictions, as their mining claims were
perfected before such limitations. The Court rejected the notion that the land could be simultaneously
classified as both agricultural and mineral, asserting that the rights over the land are indivisible.

The Court also dismissed the claim of acquisitive prescription by the De la Rosa family, as their
possession was not in the concept of the owner of the mining claim but as agricultural land, which was
legally untenable.

In conclusion, the Court affirmed the exclusive rights of Benguet and Atok over the mineral land and
denied the application for registration by Jose Y. de la Rosa and his children.
Mateo Carino, an Igorot from the Province of Benguet, filed a writ of error after his
petition for land application was dismissed by the Court of First Instance (CFI) and the
Supreme Court. He and his ancestors had owned the land for over 50 years before the
Treaty of Paris in 1899, recognized by the Igorots. His grandfather maintained fences, his
father cultivated parts and used others for pasturing cattle, and Carino used it for
pasture.

In 1893-1894 and 1896-1897, Carino attempted to apply for the land, but his efforts
were unsuccessful. In 1901, he filed a petition claiming ownership under the mortgage
law, resulting in the registration of the land with possessory title only. However, Act No.
926 of 1903, by the Philippine Commission, excluded the Province of Benguet from its
operation, preventing Carino from registering his title.

The key issue was whether Carino had ownership and was entitled to registration. The
court held that Carino was entitled to ownership, even though the land was not
registered, making it public land. Referring to Spanish law, the court stated that
possession for 20 years for cultivated land and 30 years for uncultivated land, without
interruption, was sufficient to establish a valid title by prescription. Therefore, Carino's
petition was granted.