Back

Amparo F. Lim vs. Court of Appeals, et al.

AMPARO F. LIM and RODRIGO C. LIM, petitioners, vs. THE COURT OF APPEALS, EUGENIO LAMBERANG and THE DIRECTOR OF LANDS, respondents.

G.R. No. L-40095 | 1985-07-19

D E C I S I O N


MELENCIO-HERRERA, J.:

In this Petition for Review on Certiorari, petitioners assail the Decision of respondent Appellate Court in its Case No. CA-G.R. No. 35006-R. We have decided to reverse on the basis of the facts of the controversy and of considerations hereunder to be expounded:

1. According to respondent Court: "Mauricio Manasil was the original occupant and claimant of a 100-hectare forest land (t.s.n., Oct. 24, 1963, pp. 11, 13 and 14) situated in barrio Luna, municipality of Claveria, province of Misamis Oriental." 1 The land was occupied for "agricultural" purposes. It became alienable on March 28, 1950, the...