Republic v. Cortez G.R. No. 197472.

September 7, 2015
Second Division, Del Castillo.
Cortez claimed that since 1962, he has been in possession of about 50 hectares land located in
the western portion of Palaui Island. Thereafter, several Presidential Proclamations were issued
reserving the entire island itself as a marine protected area. Hence, he was asked to vacate
the area. Does Cortez have a right over the subject property?
No. Only things and rights which are susceptible of being appropriated may be the object of
possession. Cortez relies heavily on his asserted right of possession, yet he failed to show that
the subject area over which he has a claim is not part of the public domain. To prove that a
land is alienable, the existence of a positive act of the government must be established. In this
case, there is no such proof showing that such portion that he claims has been declared
alienable and disposable when he stated occupying the same.