Decision
17
G.R. No. 224469
"The provision of law referred to by appellant is a section of the
Revised Administrative Code, as amended, which reads:
'SEC. 1829. Registration of title to private forest land. - Every
private owner of land containing timber, firewood and other minor
forest products shall register his title to the same with the Director of
Forestry. A list of such owners, with a statement of the boundaries of their
property, shall be furnished by said Director to the Collector of Internal
Revenue, and the same shall be supplemented from time to time as occasion
may require.'
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'
'Upon application of the Director of Forestry the fiscal of the
province in which any such land lies shall render assistance in the
examination of the title thereof with a view to its registration in the Bureau
of Forestry.'
"In the above provision of law, there is no statement to the effect
that noncompliance with the requirement would divest the owner of the
land of his rights thereof and that said rights of ownership would be
transferred to the government. Of course, the land which had been
registered and titled in the name of the plaintiff under that Land
Registration Act could no longer be the object of a forester license issued
by the Director of Forestry because ownership of said land includes also
ownership of everything found on its surface (Art. 437, New Civil Code).
"Obviously, the purpose of the registration required in section
1829 of the Administrative Code is to exempt the title owner of the land
from the payment of forestry charges as provided for under Section 266
of the National Internal Revenue Code, to wit:
'Charges collective on forest products cut, gathered and removed
from unregistered private lands. -The charges above prescribed shall be
collected on all forest products cut, gathered and removed from any
private land the title to which is not registered with the Director of
Forestry as required by the Forest Law; Provided, however, that in the
absence of such registration, the owner who desires to cut, gather and
remove timber and other forest products from such land shall secure a
license from the Director of Forestry Law and Regulations. The cutting,
gathering and removing of timber and the other forest products from
said private lands without license shall be considered as unlawful
cutting, gathering and removing of forest products from public forests and
shall be subject to the charges prescribed in such cases in this chapter.'
"xxx
XXX
XXX.
"On the other hand, while it is admitted that the plaintiff has failed
to register the timber in his land as a private woodland in accordance
with the oft-repeatefl pro,vision of the Revised Administrative Code, he still
retained his rights of ownership, among which are his rights to the
fruits of the land and to exclude any person from the enjoyment and
disposal thereof (Art. 429. New Civil Code) - the very rights violated by
the defendant Basilan Lumber Company."
While it is only the state which can grant a license or authority
to cut, gather, collect or remove forest products it does not follow that
all forest products belong to the state. In the just cited case, private