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Court orders cancellation of title at Puguis Communal Forest

LA TRINIDAD, Benguet (June 7) — The Regional Trial Court here ordered the cancellation of the certificate of title covering parts of the Puguis Communal Forest issued by the La Trinidad Registry of Deeds.

In a 30-page decision, Judge Fernando Cabato declared Transfer of Certificate Title (TCT) No. 18487 issued to Evaristo Tiotioen null and void and ordered the reversion of the said land area to public domain.

The decision mentioned that the Bureau of Lands do not have any authority to dispose of or award ownership over forestland. In this case, there is an irregularity in the acquisition of TCT 18487.

“The mere fact that the parcel of land covered by the title is actually a forest land indicates that there was substantial and patent error of irregularity in the grant of the Free Patent over the said parcel of land by the Director of Lands,” the decision explained.

Further, the court said that a forest reserve could only be converted into a public land through a declassification process from forestland to alienable and disposable land. The land area in question was not declassified from being a forestland.

La Trinidad Mayor Nestor Fongwan lauded the court’s decision. He said the municipal council is just waiting for the order to be final and executory before touching the area.

Fongwan further stated that the council’s first move would be to petition the court to demolish all structures within the land area covered by the cancelled title.

Meanwhile, Atty. Delmar Cariño, counsel for the respondents said they are studying two options, whether to file a motion for reconsideration or to appeal the RTC decision to the Court of Appeals. # Kim Quitasol for NORDIS

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