DENR ruleson land row involving Misor solon

THE Department of Environment and Natural Resources (DENR) in Region 10 has decided on a land dispute in Indahag, this city, in favor of a family that went against a group that includes Rep. Peter Unabia of  Misamis Oriental’s 1st District.

Lawyer Evangeline Carrasco yesterday said the DENR rendered a decision in favor of the Layagon family that has “occupied, guarded, and cultivated” a 30-hectare forestal land at Santo Nino, Indahag, for over 50 years.

Carrasco said her clients won against individuals from whom Rep. Unabia purchased portions of the land for which patent application were filed without having possessed the lands.

Ruth Tawantawan, DENR regional director, stated: “It is our considered view that it is the protestants’ (Layagon family) assertion or right which is  tenable. Under  the Public  Land  Law, in order that a person may be able to acquire alienable and disposable public land of the public domain, he must show that he  cultivated or possessed the land for at least thirty (30) years which in this case was complied by herein protestants.”

Tawantawan also said the Layagons have possessed and cultivated the controverted lots since the year 1960.

Reads part of her ruling: “This constitutes more than fifty (50) years already. Under present jurisprudence, alienable public land held by a possessor personally or through his predecessor-in-interest openly, continuously and exclusively for the prescribed period of 30 years under Section 48 (b) of the Commonwealth Act 141, Public Land Act. As amended by RA 1942 and RA 3872, shall be converted into a private property by mere lapse of completion of  the said period, ipso jure (Pineda vs. Court of Appeals, 1990, 183 SCRA 602, 607; Director of Lands vs. Interediate Appellate Court, 146 SCRA 509; Susi vs. Reyes, 49, Phil. 424)”

Layagon said that based on the Susi doctrine, a possessor or his predecessor in interest is deemed to have acquired by operation of law, not only a right to a grant but, also a grant from government over the land.  “By such grant, the property is segregated from the public domain and becomes private property, over which necessarily the Director of Lands no longer has jurisdiction.”

The DENR gave preferential rights to the Lagayons’ public land application over the lots comprising of 15 hectares.

Insofar as the other lots (also 15 hectares) are concerned involving the free patents of Unabia, Norma Zulita, Ana Reyes and Francisco Medalla are concerned, the protests were  “provisionally dismissed.”

The DENR said it was not included in the investigation of the instant cases since the lots have been titled and the Penro or DENR has no authority to issue an order of investigation on titled lots since this power belongs now to the regular courts.

Carrasco said the Layagons intend to bring these titled lots (15 hectares), allegedly purchased illegally, to the attention of the regular courts.

It can be recalled that Carrasco’s firm, the Carrasco-Genoso Law Office, earlier won a 30-hectare land dispute in Lomboy, Indahag, when the Supreme Court declared that the cancellation of the agrarian titles of the farmers was improper and illegal because of lack of due process and hearing.