G.R. No. L-27070-71 - Cochingyan, Jr. vs. Cloribel

Petitioner Rachel C. Celestial and respondent Jesse C. Cachopero are siblings.
Respondent filed a Miscellaneous Sales Application (MSA), Plan No. (XII-6)-1669, with the Bureau of Lands covering a 415 square meter parcel of land formerly part of the Salunayan Creek in Barangay 8, Midsayap, Cotabato.
Respondent claimed occupancy since 1968, with a residential house and other improvements on the land.
Petitioner protested respondent’s MSA, asserting a preferential right over the land as it adjoined her property, Lot No. 2586-G-28 (LRC) Psd-105462, which was her only access to the public highway.

Bureau of Lands conducted an ocular inspection and found the land was formerly part of Salunayan Creek, dried due to construction of a National Irrigation Administration (NIA) canal.
A portion of about 59.40 sq.m. was occupied as NIA service road.
Certification from the local Public Works and Highways district engineer indicated possible future government needs for road expansion on the land where respondent’s house stood.
Municipal Mayor’s office certified that the land was needed for future public improvements.
Based on above, the Bureau of Lands dismissed petitioner’s protest and denied respondent’s MSA, ruling the land was outside commerce of man and not open for private acquisition under the Public Land Act.
Respondent was allowed temporary occupation excluding a five-meter right of way in favor of petitioner.

Petitioner subsequently filed an ejectment suit against respondent and his wife.
The suit was resolved by compromise with terms including respondent’s vacating and transferring the house to the back of petitioner’s lot, within eight months, with a two-meter wide exit alley as road-right-of-way on petitioner’s property to the NIA road.

On May 21, 1991, respondent filed a second MSA with DENR Regional Office, involving a smaller portion (334 sq.m.) of the same lot.
This application was supported by certifications dated January 9 and 16, 1989 from the Municipal Mayor and the District Engineer respectively, stating the land was suitable for residential purposes and no longer needed by the government.
Petitioner again filed protest, claiming preferential rights and requesting five-meter road right-of-way.

DENR Regional Executive Director Macorro Macumbal, after investigation, ordered dismissal of respondent’s MSA citing conflicting interests, and ruled the land should be sold by public auction under Section 67 of Commonwealth Act No. 141 (Public Land Act).
A five-meter permanent easement for access was ordered for petitioner.
Respondent’s motion for reconsideration was denied by OIC Regional Executive Director, who distinguished the two-meter exit alley secured in the prior ejectment compromise (on private property) from the five-meter public easement on the public land subject of the MSA.

Respondent filed a petition for certiorari, prohibition, and mandamus before the RTC of Midsayap challenging DENR’s dismissals alleging grave abuse of discretion.
RTC dismissed the petition for lack of merit and non-exhaustion of administrative remedies.
The Court of Appeals (CA) reversed the RTC, holding the CA had jurisdiction and ordered DENR to process respondent’s MSA.
Petitioner filed a motion for reconsideration which was denied.
Petitioner then elevated the case to the Supreme Court via petition for review on certiorari.

Whether the RTC of Midsayap had jurisdiction over respondent’s petition for certiorari against DENR.
Whether the doctrine of exhaustion of administrative remedies barred respondent’s petition at the RTC.

Whether DENR’s order dismissing respondent’s MSA and ordering public auction of the land under Section 67 of the Public Land Act was proper.
Whether Republic Act No. 730 (RA 730) authorizing private sale without public bidding applies to respondent’s MSA for a parcel not exceeding 1,000 sq.m.
Whether the subject land is private or public domain, alienable or inalienable.
Whether petitioner’s claim of ownership on the dried bed of Salunayan Creek is valid under the principles of adverse possession or accession (Articles 370 of the Spanish Civil Code and Article 461 of the New Civil Code).