Case Digest: Hon. JEREMIAS L. DOLINO, et al. v. COURT OF APPEALS, et al.

Hon. JEREMIAS L. DOLINO, et al. v. COURT OF APPEALS, et al.

401 SCRA 695 (2003)

The Regional Trial Courts has exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions.

Private respondents Viking Management and Development Corp., et al. (Viking, et. al.), requested for the survey or resurvey of their respective lots. However, herein petitioners Jeremias L. Dolino, et al. (Dolino, et al.), officers of the Department of Environment and Natural Resources (DENR), refused to accept such request. Such refusal is based on the ground that such lands were subject to the provisions of Presidential Proclamation (P.P.) No. 932 which prohibited the sale, entry, disposition or settlement of such lands in order to protect, maintain or improve the Kotkot and Lunsaran Watershed Forest Reserve located in Cebu and Davao.

Hence, Viking et al., filed a petition for the issuance of a Writ of Mandamus to compel Dolino, et al., to execute the survey or resurvey of their lots and render the necessary reports thereon.

The Regional Trial Court (RTC) granted the petition for mandamus and ordered Dolino et al. to effect the survey or resurvey of the subject lands. On appeal, the Court of Appeals (CA) affirmed the RTC decision. Hence, this petition.

ISSUE:

Whether or not the CA erred in granting the Writ of Mandamus

HELD:

Under Sec. 17 of Presidential Decree No. 1529, “THE PROPERTY REGISTRATION DECREE,” a survey of a land subject of an application for registration is an essential requisite.

Such survey does not, however, automatically result in the adjudication of the land applied for in favor of the applicant, who is still required to prove that (a) the land is an alienable and disposable part of the public domain, and (b) his possession has been for the length of time and in the manner and concept required by law. The presumption is that land pertains to the State, and any person seeking to establish ownership over land must conclusively show that he is the owner.

Under Section 2, par. 2 of P.D. No. 1529, it is the Regional Trial Courts which “shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions.”

If respondents fail to prove by satisfactory evidence their supposed vested or private rights over the remaining lots, then their applications for registration should necessarily be rejected by the cadastral court and/or land registration court. However, without these lots being surveyed, respondents would not be able to initiate and pursue, as the case may be, the proper land registration proceedings and would be precluded from establishing their claimed vested rights thereon.