Case Summary (G.R. No. 98045)
Administrative Proceedings Before the Bureau of Lands
Antonio applied for a survey plan (Csd-106-00571) to perfect title over the accretion area. Private respondents protested. Land Investigator Labis reported that the area comprised creek bed and swampy riverbank occupied by concrete structures and nipa palm. Regional Director Hilario ordered segregation of areas occupied by private respondents and directed them to file public land applications. Antonio’s motion for reconsideration to Undersecretary Ignacio (acting as Officer-in-Charge) was denied. Director Palad ordered vacatur of private-occupied portions and possession by private respondents.
Jurisdictional Issue: Exhaustion of Administrative Remedies
The RTC dismissed petitioners’ annulment suit for failure to exhaust administrative remedies. The Court of Appeals affirmed, holding that appeal must lie directly to the Secretary of Agriculture and Natural Resources under CA 141, not to an Officer-in-Charge. Petitioners argued that Ignacio, as Undersecretary, had proper authority to decide the motion for reconsideration, thereby satisfying exhaustion.
Nature of the Accretion and Public Domain Classification
Petitioners claimed private ownership of the accretion under Art. 457 Civil Code (alluvion). The Court held that:
- The material forming the land resulted from deliberate human dumping of sawdust and fill, not gradual natural deposition by water current;
- Artificial accretions are part of the public domain (Tiongco v. Director of Lands);
- Petitioners’ filing of a public land application constituted admission of public land status; and
- Administrative findings on fact by the Bureau, affirmed by the Court of Appeals, are conclusive.
Authority over Public Lands and Proper Appeal
Under CA 141 §§ 3–4, the Secretary of Agriculture and Natural Resources, through the Director of Lands, exercises exclusive control over classification and disposition of public lands; factual determinations are conclusive once approved. The Undersecretary acting on behalf of the Secretary validly denied reconsideration. Petitioners thus exhausted administrative remedies.
Execution Order by the Director of Lands
Director Palad’s order to vacate and segregate the titled lot did not alter Hilario’s decision but implemented it. Private respondents, as
Case Syllabus (G.R. No. 98045)
Facts of the Case
- The subject parcel is located in Telegrapo, Puntod, Cagayan de Oro City, formed by sawdust deposits and other filling materials in the dried-up Balacanas Creek and banks of the Cagayan River.
- In 1979, private respondents Salasalan and Rabaya leased portions of the accretion area from Antonio Nazareno, petitioners’ predecessor, on which they had built houses.
- In late 1982, private respondents allegedly ceased paying rent. Antonio Nazareno and petitioners filed an ejectment suit in the Municipal Trial Court (Branch 4), which was affirmed by the Regional Trial Court (Branch 20) and later executed after private respondents’ certiorari and annulment attempts in other RTC branches were dismissed.
- Following ejection, Antonio Nazareno obtained approval of Survey Plan Csd-106-00571 from the Bureau of Lands to perfect title over the accretion area. Before release, private respondents protested.
- Under District Land Officer Gillera’s order, Land Investigator Labis conducted an ocular inspection and recommended cancellation of Plan MSI-10-06-000571-D (Lot No. 36302, Cad. 237) and that private respondents file appropriate public land applications.
- Regional Director Hilario amended the plan by segregating areas occupied by private respondents and directed them to apply for public land patents.
- Antonio Nazareno’s motion for reconsideration was denied by Undersecretary Ignacio, acting as Officer-in-Charge of the Bureau of Lands.
- Director of Lands Palad ordered Antonio and petitioners to vacate the segregated areas and place private respondents in possession.
Procedural History
- Petitioners filed a civil action in RTC, Branch 22, for annulment of:
• Gillera’s order of investigation
• Labis’s report and recommendation
• Hilario’s decision amending the survey plan
• Ignacio’s order denying reconsideration
• Palad’s execution order - The RTC dismissed the complaint for failure to exhaust administrative remedies, rendering the Bureau of Lands’ decision final.
- On appeal, the Court of Appeals affirmed the RTC’s dismissal, ruling:
• Approval of survey plans is