G.R. No. 216999 - Republic vs. Cosalan

Petitioner is the Republic of the Philippines; respondent is Ronald M. Cosalan, a member of the Ibaloi tribe. The Republic filed a Rule 45 petition assailing the Court of Appeals’ August 27, 2014 Decision and February 4, 2015 Resolution in CA-G.R. CV No. 98224, which affirmed the Regional Trial Court (RTC), Branch 10, La Trinidad, Benguet, Decision dated July 29, 2011 granting respondent’s application for registration.
The RTC approved the application and ordered issuance of the decree; the CA affirmed in toto and denied the Republic’s motion for reconsideration. The Republic elevated the matter to the Supreme Court (SC).

Parcel of land located in Sitio Adabong, Barrio Kapunga, Municipality of Tublay, Benguet, with an area of 98,205 square meters, covered by approved Survey Plan PSU-204810 issued by the Bureau of Lands on March 12, 1964.
The Department of Environment and Natural Resources–Cordillera Administrative Region (DENR–CAR) asserted the land forms part of the Central Cordillera Forest Reserve established under Proclamation No. 217, hence inalienable forest land.

The Cosalan clan hails from the Ibaloi Tribe of Bokod and Tublay, Benguet. Respondent is the eldest son of Andres Acop Cosalan (youngest son of Fernando Cosalan), a descendant of Opilis and Adonis through their daughter Peran, who married Bangkilay Acop in 1858.
Peran and Bangkilay settled, developed, cultivated, and enlarged the landholdings, using them primarily for agriculture and as pasture for hundreds of cattle. Bangkilay maintained a ranch at Betdi (Acop’s Place), Tublay; he was contemporary with and became “abalayan” of Mateo Cariño through marriage ties.
Upon Bangkilay’s death (1918), the land passed to his children, including Aguinaya, who married Fernando Cosalan. They continued cultivation, vegetation, cattle raising, and agricultural planting. Upon Fernando’s (1945) and Aguinaya’s (1950) deaths, their children—Nieves Cosalan Ramos, Enrique Cosalan, and Andres—succeeded to their respective shares.

Nieves obtained Free Patent No. 576952 and was issued OCT No. P-776 for 107,219 square meters.
Enrique judicially confirmed title over 212,688 square meters in LRC No. N-87, affirmed by the Supreme Court in Republic v. Court of Appeals and Enrique Cosalan, G.R. No. L-38810 (May 7, 1992), and was issued OCT No. O-238.
Adjacent owner Cid Acop (father of witness Bangilan Acop) also obtained a certificate of title for his adjoining land.

Andres caused the survey of the subject land, resulting in PSU-204810 and issuance of a Surveyor’s Certificate dated March 12, 1964. He filed LRC Case No. N-422 (37), Record No. N-54212, before RTC Branch 8; the case was archived on August 23, 1983 and later dismissed upon his motion on November 13, 2004.
On August 31, 1994, Andres sold the subject land to respondent for P300,000.00 under a Deed of Absolute Sale of Unregistered Land. On February 8, 2005, respondent filed the present application for registration before RTC Branch 10.

Respondent alleged open, continuous, exclusive, notorious, and adverse occupation and cultivation by himself and his predecessors-in-interest since time immemorial; that the land is ancestral; and that he is an Ibaloi ICC/IP member. He fenced the land with barbed wire, built a 200-meter road, leveled areas for gardening and future construction, planted pine trees, coffee, and bamboo, and paid real property taxes.
He and his predecessors used the land for dryland agriculture (camote, corn, vegetables), grazing of farm animals, horses, and cattle, and tree farming.
Witness Priscilla Baban (maternal first cousin of Andres) corroborated the familial lineage to Bangkilay, the original vast holdings, continued agricultural and cattle use by Aguinaya and Fernando, Andres’ possession, and subsequent sale to respondent.
Witness Bangilan Acop (73 years old; resident of Barangay Adabong since age 7) testified on adjoining ownership by his father, Cid Acop, who was issued a certificate of title.

DENR–CAR opposed the application, asserting the land is part of the Central Cordillera Forest Reserve hence not registrable; kaingin use does not alter forest classification; only the Executive may reclassify public domain.
RTC (July 29, 2011): Granted registration; found the Cosalan ancestors possessed and owned the land even before Proclamation No. 217; noted DENR had issued free patents/titles within the same reserve (Nieves and Cid Acop); ordered issuance of decree in respondent’s name.
CA (August 27, 2014): Affirmed; held that ancestral lands of ICCs/IPs under continuous possession since time immemorial (or at least 30 years if uncontested) may be registered under CA 141 (Public Land Act) or Act 496 (Land Registration Act); recognized priority of private rights existing before reservation; MR denied (February 4, 2015).

Whether the subject land, situated within the Central Cordillera Forest Reserve, is registrable despite government forest classification.

Whether private rights based on native title/ancestral land can be judicially recognized notwithstanding forest reserve status and the Executive’s classification power.
Whether respondent and his predecessors-in-interest proved open, continuous, exclusive, and notorious possession and agricultural use since time immemorial or since at least June 12, 1945.

Whether the CA properly relied on Cruz v. Secretary of DENR, Cariño v. Insular Government, Ankron v. Government of the Philippine Islands, and Republic v. CA and Cosalan (1992), and correctly distinguished Director of Land Management and Director of Forest Development v. CA and Hilario.

Whether registration under Section 12 of the Indigenous Peoples Rights Act (IPRA; R.A. 8371) in relation to Section 48 of Commonwealth Act No. 141 is proper.

Whether individually-owned ancestral lands actually used for agriculture/pasture/tree farming are deemed alienable and disposable and registrable under the Public Land Act and Property Registration Decree.