Beruflich Dokumente
Kultur Dokumente
* On official leave per Special Order No. 520 dated September 19, 2008.
** No part. Justice Nachura participated in the present case as Solicitor General.
[1]
Rollo (G.R. No. 167707), pp. 3743. CAG.R. CV No. 71118, promulgated on December 9, 2004. Penned by Associate Justice Isaias P.
Dicdican, with Associate Justices Sesinando E. Villon and Ramon M. Bato, Jr., concurring.
[2]
Id. at 4754; Annex C. Spl. Civil Case No. 5403. Penned by Judge Niovady M. Marin, RTC, Kalibo, Branch 5.
[3]
Rollo (G.R. No. 173775), pp. 101114. Annex F. Classifying Boracay Island Situated in the Municipality of Malay, Province of Aklan
Into Forestland (Protection Purposes) and Into Agricultural Land (Alienable and Disposable) Pursuant to Presidential Decreee No. 705
(Revised Forestry Reform Code of the Philippines). Issued on May 22, 2006.
[4]
As of the year 2000. http://www.nscb.gov.ph/ru6/boracay.htm.
[5]
ManocManoc, Balabag, and Yapak. http://www.nscb.gov.ph/ru6/boracay.htm.
[6]
Under Survey Plan No. NR06000001.
[7]
Rollo (G.R. No. 167707), p. 49.
[8]
Id. at 2123; Annex B. Declaring Certain Islands, Coves, and Peninsulas in the Philippines as Tourist Zones and Marine Reserves Under
the Administration and Control of the Philippine Tourism Authority.
[9]
Id. at 2427. Rules and Regulations Governing Activities at Boracay Island Tourist Zone.
[10]
Records, pp. 1332; Annexes A to A18.
[11]
Issued on May 19, 1975.
[12]
Records, p. 148.
[13]
Id.
[14]
RULES OF COURT, Rule 129, Sec. 2.
[15]
Records, p. 148.
[16]
Id. at 177, 178.
[17]
Rollo (G.R. No. 167707), p. 54.
[18]
Id. at 51.
[19]
Id.; PTA Circular No. 382, Rule VIII, Sec. 1(3) states:
No trees in forested private lands may be cut without prior authority from the PTA. All forested areas in public lands are declared
forest reserves.
[20]
Sec. 87. If all the lands included in the proclamation of the President are not registered under the Land Registration Act, the Solicitor
General, if requested to do so by the Secretary of Agriculture and Natural Resources, shall proceed in accordance with the provisions of
section fiftythree of this Act.
[21]
Sec. 53. It shall be lawful for the Director of Lands, whenever in the opinion of the President the public interests shall require it, to
cause to be filed in the proper Court of First Instance, through the Solicitor General or the officer acting in his stead, a petition against the
holder, claimant, possessor, or occupant of any land who shall not have voluntarily come in under the provisions of this chapter or of the
Land Registration Act, stating in substance that the title of such holder, claimant, possessor, or occupant is open to discussion; or that the
boundaries of any such land which has not been brought into court as aforesaid are open to question; or that it is advisable that the title to
such land be settled and adjudicated, and praying that the title to any such land or the boundaries thereof or the right to occupancy thereof be
settled and adjudicated. The judicial proceedings under this section shall be in accordance with the laws on adjudication of title in cadastral
proceedings.
[22]
Rollo (G.R. No. 167707), p. 51.
[23]
Id. at 211121.
[24]
Id. at 42.
[25]
Id. at 4546.
[26]
Supra note 3.
[27]
Owner of WalingWaling Beach Resort and Chairman of the Board of Boracay Foundation, Inc.
[28]
Owner of Willys Beach Resort.
[29]
Rollo (G.R. No. 173775), p. 20; Annex A.
[30]
Petitioners in G.R. No. 173775 claim that they are also petitioners in the declaratory case filed in November 1997 before the RTC in
Kalibo, Aklan, docketed as Sp. Civil Case No. 5403 and now before this Court as G.R. No. 167707.
[31]
Rollo (G.R No. 173775), pp. 45.
[32]
Id. at 4.
[33]
Id. at 143.
[34]
Rollo (G.R. No. 167707), p. 26.
[35]
Rollo (G.R. No. 173775), pp. 280281.
[36]
An Act Temporarily to Provide for the Administration of the Affairs of Civil Government in the Philippine Islands, and for Other
Purposes. Issued on July 1, 1902.
[37]
An Act to Amend and Compile the Laws Relative to Lands of the Public Domain. Approved on December 1, 1936.
[38]
See note 8.
[39]
See note 3.
[40]
CONSTITUTION (1935), Art. XIII, Sec. 1.
[41]
CONSTITUTION (1973), Art. XIV, Sec. 10.
[42]
Bernas, S.J., The Intent of the 1986 Constitution Writers, 1995 ed., p. 830.
[43]
CONSTITUTION (1987), Art. XII, Sec. 3.
[44]
Id.
[45]
Zarate v. Director of Lands, G.R. No. 131501, July 14, 2004, 434 SCRA 322; Reyes v. Court of Appeals, 356 Phil. 606, 624 (1998).
[46]
Chavez v. Public Estates Authority, G.R. No. 133250, July 9, 2002, 384 SCRA 152.
[47]
Zarate v. Director of Lands, supra; Collado v. Court of Appeals, G.R. No. 107764, October 4, 2002, 390 SCRA 343; Director of Lands
v. Intermediate Appellate Court, G.R. No. 73246, March 2, 1993, 219 SCRA 339.
[48]
Republic v. Estonilo, G.R. No. 157306, November 25, 2005, 476 SCRA 265; Zarate v. Director of Lands, supra.
[49]
De los Reyes v. Ramolete, G.R. No. L47331, June 21, 1983, 122 SCRA 652, citing Gonzaga v. Court of Appeals, G.R. No. L27455,
June 28, 1973, 51 SCRA 381.
[50]
Collado v. Court of Appeals, supra, citing Chavez v. Public Estates Authority, supra.
[51]
Id., citing separate opinion of then Justice Reynato S. Puno in Cruz v. Secretary of Environment and Natural Resources, G.R. No.
135385, December 6, 2000, 347 SCRA 128, and Chavez v. Public Estates Authority, supra note 46.
[52]
Collado v. Court of Appeals, supra note 47.
[53]
Effective February 13, 1894.
[54]
De Aldecoa v. The Insular Government, 13 Phil. 159 (1909).
[55]
A valid title based upon adverse possession or a valid title based upon prescription. Noblejas, A.H. and Noblejas, E.H., Registration of
Land Titles and Deeds, 1986 ed., p. 39, citing Cruz v. De Leon, 21 Phil. 199 (1912).
[56]
Ten (10) years, according to Archbishop of Manila v. Arnedo, 30 Phil. 593 (1915).
[57]
Noblejas, A.H. and Noblejas, E.H., Registration of Land Titles and Deeds, supra at 8.
[58]
Id. at 9; Director of Forest Administration v. Fernandez, G.R. Nos. 36827, 56622 & 70076, December 10, 1990, 192 SCRA 121, 137.
[59]
Id. at 511.
[60]
See note 36.
[61]
Director of Forestry v. Villareal, G.R. No. L32266, February 27, 1989, 170 SCRA 598, 601.
[62]
Noblejas, A.H. and Noblejas, E.H., Registration of Land Titles and Deeds, supra note 55, at 347.
[63]
The provisions relevant to the definition are:
Sec. 13. That the Government of the Philippine Islands, subject to the provisions of this Act and except as herein provided, shall
classify according to its agricultural character and productiveness, and shall immediately make rules and regulations for the lease,
sale, or other disposition of the public lands other than timber or mineral lands, but such rules and regulations shall not go into
effect or have the force of law until they have received the approval of the President, and when approved by the President they
shall be submitted by him to Congress at the beginning of the next ensuing session thereof and unless disapproved or amended by
Congress at said session they shall at the close of such period have the force and effect of law in the Philippine Islands: Provided,
That a single homestead entry shall not exceed sixteen hectares in extent.
Sec. 14. That the Government of the Philippine Islands is hereby authorized and empowered to enact rules and regulations and to
prescribe terms and conditions to enable persons to perfect their title to public lands in said Islands, who, prior to the transfer of
sovereignty from Spain to the United States, had fulfilled all or some of the conditions required by the Spanish laws and royal
decrees of the Kingdom of Spain for the acquisition of legal title thereto, yet failed to secure conveyance of title; and the
Philippine Commission is authorized to issue patents, without compensation, to any native of said Islands, conveying title to any
tract of land not more than sixteen hectares in extent, which were public lands and had been actually occupied by such native or
his ancestors prior to and on the thirteenth of August, eighteen hundred and ninetyeight.
Sec. 15. That the Government of the Philippine Islands is hereby authorized and empowered, on such terms as it may prescribe,
by general legislation, to provide for the granting or sale and conveyance to actual occupants and settlers and other citizens of said
Islands such parts and portions of the public domain, other than timber and mineral lands, of the United States in said Islands as it
may deem wise, not exceeding sixteen hectares to any one person and for the sale and conveyance of not more than one thousand
and twentyfour hectares to any corporation or association of persons: Provided, That the grant or sale of such lands, whether the
purchase price be paid at once or in partial payments, shall be conditioned upon actual and continued occupancy, improvement,
and cultivation of the premises sold for a period of not less than five years, during which time the purchaser or grantee can not
alienate or encumber said land or the title thereto; but such restriction shall not apply to transfers of rights and title of inheritance
under the laws for the distribution of the estates of decedents.
[64]
10 Phil. 175 (1908).
[65]
Id. at 182.
[66]
Collado v. Court of Appeals, supra note 47.
[67]
Noblejas, A.H. and Noblejas, E.H., Registration of Land Titles and Deeds, supra note 55.
[68]
Sec. 54, par. 6.
[69]
Sec. 45(b); Public Estates Authority v. Court of Appeals, G.R. No. 112172, November 20, 2000, 345 SCRA 96; Director of Lands v.
Buyco, G.R. No. 91189, November 27, 1992, 216 SCRA 78.
[70]
Collado v. Court of Appeals, supra note 47, see separate opinion of Justice Puno in Cruz v. Secretary of Environment and Natural
Resources, supra note 51, and Chavez v. Public Estates Authority, supra note 46.
[71]
Sec. 2.
[72]
An Act to Amend Subsection (b) of Section FortyEight of Commonwealth Act Numbered One Hundred FortyOne, Otherwise Known
as the Public Land Act. Approved on June 22, 1957.
[73]
Extending the Period of Filing Applications for Administrative Legislation (Free Patent) and Judicial Confirmation of Imperfect and
Incomplete Titles to Alienable and Disposable Lands in the Public Domain Under Chapter VII and Chapter VIII of Commonwealth Act No.
141, As Amended, For Eleven (11) Years Commencing January 1, 1977. Approved on January 25, 1977.
[74]
Republic v. Doldol, G.R. No. 132963, September 10, 1998, 295 SCRA 359.
[75]
Discontinuance of the Spanish Mortgage System of Registration and of the Use of Spanish Titles as Evidence in Land Registration
Proceedings (Issued February 16, 1976).
[76]
Director of Forest Administration v. Fernandez, supra note 58, citing Director of Lands v. Rivas, G.R. No. L61539, February 14, 1986,
141 SCRA 329.
[77]
Lands which were not recorded under the Maura Law and were not yet covered by Torrens titles.
[78]
Presidential Decree No. 1529, Preamble; Director of Lands v. Intermediate Appellate Court, supra note 47.
[79]
Pea, N. and Pea, Jr., N., Registration of Land Titles and Deeds, 1988 ed., p. 9.
[80]
Republic v. Court of Appeals, G.R. No. 48227, August 21, 1991, 201 SCRA 1; Director of Lands v. Court of Appeals, G.R. No. 83609,
October 26, 1989, 178 SCRA 708.
[81]
Heirs of the Late Spouses Pedro S. Palanca and Soterranea Rafols Vda. De Palanca v. Republic, G.R. No. 151312, August 30, 2006,
500 SCRA 209; Director of Lands v. Intermediate Appellate Court, supra note 47, citing Director of Lands v. Aquino, G.R. No. 31688,
December 17, 1990, 192 SCRA 296.
[82]
Chavez v. Public Estates Authority, supra note 46.
[83]
Republic v. Lao, G.R. No. 150413, July 1, 2003; 405 SCRA 291; Director of Lands v. Intermediate Appellate Court, supra note 47,
citing Director of Lands v. Aquino, supra.
[84]
Republic v. Lao, supra; Pagkatipunan v. Court of Appeals, 429 Phil. 377, 389390 (2002).
[85]
Republic of the Philippines v. Muoz, G.R. No. 151910, October 15, 2007.
[86]
Heirs of the Late Spouses Pedro S. Palanca and Soterranea Rafols Vda. De Palanca v. Republic, supra; Gutierrez Hermanos v. Court of
Appeals, G.R. Nos. 5447277, September 28, 1989, 178 SCRA 37.
[87]
Republic v. Naguiat, G.R. No. 134209, January 24, 2006, 479 SCRA 585.
[88]
40 Phil. 10 (1919).
[89]
Supra note 54.
[90]
Ankron v. Government of the Philippine Islands, supra at 16.
[91]
Heirs of the Late Spouses Pedro S. Palanca and Soterranea Rafols Vda. De Palanca v. Republic, supra note 81.
[92]
Id. at 76.
[93]
Id. at 219223.
[94]
Ankron v. Government of the Philippine Islands, supra note 88, at 16.
[95]
Id. at 1516.
[96]
Act No. 2874, Sec. 8; Republic v. Court of Appeals, G.R. No. 155450, August 6, 2008; Republic v. Court of Appeals, G.R. No. 127245,
January 30, 2001.
96a Bureau of Forestry v. Court of Appeals, G.R. No. L37995, August 31, 1987, 153 SCRA 351, 357.
[97]
Heirs of the Late Spouses Pedro S. Palanca and Soterranea Rafols Vda. De Palanca v. Republic, supra note 81.
[98]
The records do not show the manner in which title was issued to the Heirs of Ciriaco Tirol.
[99]
Records, p. 179.
[100]
79 Phil. 461 (1947).
[101]
Supra note 64.
[102]
Supra note 54.
[103]
Supra note 88.
[104]
Art. XIII, Sec. 1.
[105]
Krivenko v. Register of Deeds of Manila, supra note 100, at 468469.
[106]
Act No. 926, Sec. 54, par. 6 states:
SEC. 54. The following described persons or their legal successors in right, occupying lands in the Philippines, or claiming to
own any such land or interest therein but whose titles to such land have not been perfected may apply to the Court of Land
Registration of the Philippine Islands for confirmation of their claims and the issuance of a certificate of title therefor to wit
x x x x
(6) All persons who by themselves or their predecessors in interest have been in the open, continuous exclusive, and notorious
possession and occupation of agricultural public lands, as defined by said Act of Congress of July first, nineteen hundred and two,
under a bona fide claim of ownership except as against the Government, for a period of ten years next preceding the taking effect
of this act, except when prevented by war, or force majeure, shall be conclusively presumed to have performed all the conditions
essential to a Government grant and to have received the same, and shall be entitled to a certificate of title to such land under the
provisions of this chapter.
[107]
Supra note 47.
107a G.R. No. 135385, December 6, 2000, 347 SCRA 128.
[108]
Collado v. Court of Appeals, id. at 356.
[109]
Records, p. 101; Annex A.
[110]
Id. at 106; Exhibit 1a.
[111]
Rollo (G.R. No. 173775), p. 5.
[112]
CONSTITUTION (1987), Art. XII, Sec. 3; CONSTITUTION (1973), Art. XIV, Sec. 10, as amended; and CONSTITUTION (1935),
Art. XIII, Sec. 1.
[113]
Republic v. Naguiat, supra note 87.
[114]
G.R. No. L27873, November 29, 1983, 126 SCRA 69.
[115]
Heirs of Amunategui v. Director of Forestry, id. at 75.
[116]
Republic v. Court of Appeals, G.R. No. L56948, September 30, 1987, 154 SCRA 476, 482483.
[117]
Sec. 3 provides:
Establishment of or lowdensity human settlements in private lands, or subdivisions, if any, subject to prior approval by the
Ministry of Human Settlements, PTA and local building officials; Provided, that no structures shall be constructed within 30
meters from the shorelines.
[118]
Sec. 5 states:
Subsistence farming, in areas declared as alienable and disposable by the Bureau of Forest Development.
[119]
Pars. 34.
[120]
SEC. 6. The President, upon recommendation of the Secretary of Agriculture and Commerce (now the Secretary of the Department of
Environment and Natural Resources), shall from time to time classify lands of the public domain into
(a) Alienable or disposable,
(b) Timber, and
(c) Mineral lands,
And may at any time and in a like manner transfer such lands from one class to another, for the purposes of their administration and
disposition.
SEC. 7. For the purposes of administration and disposition of alienable or disposable public lands, the President, upon recommendation by
the Secretary of Agriculture and Commerce (now the Secretary of the Department of Environment and Natural Resources), shall from time
to time declare what lands are open to disposition or concession under this Act.
[121]
Director of Lands v. Intermediate Appellate Court, supra note 47; Manalo v. Intermediate Appellate Court, G.R. No. 64753, April 26,
1989, 172 SCRA 795.
[122]
Republic v. Register of Deeds of Quezon, G.R. No. 73974, May 31, 1995, 244 SCRA 537; Director of Lands v. Intermediate Appellate
Court, supra note 47.
[123]
Director of Lands v. Intermediate Appellate Court, supra note 47, citing Yngson v. Secretary of Agriculture and Natural Resources,
G.R. No. L36847, July 20, 1983, 123 SCRA 441; Republic v. Court of Appeals, G.R. No. L45202, September 11, 1980, 99 SCRA 742.
[124]
Supra note 81.
[125]
Heirs of the Late Spouses Pedro S. Palanca and Soterranea Rafols Vda. De Palanca v. Republic, id. at 222223.
[126]
Reconsideration of DOJ Opinion No. 169, s. 1993, on the DOJ affirmative stand on whether the prohibition against the reclassification
of forest lands applies to unclassified public forest.
[127]
Rollo (G.R. No. 173775), p. 139.
[128]
Del RosarioIgtiben v. Republic, G.R. No. 158449, October 22, 2004, 441 SCRA 188; Republic v. Lao, supra note 83.
[129]
Public Land Act, Sec. 48(b).
[130]
Public Estates Authority v. Court of Appeals, supra note 69.
[131]
Commonwealth Act No. 141, Chapter IV.
[132]
Id., Chapter V.
[133]
House Bill No. 1109. Declaring Certain Parcels of the Public Domain Within Boracay Island, Malay, Aklan as Agricultural Land Open
to Disposition.
[134]
G.R. No. L24796, June 28, 1968, 23 SCRA 1183, cited in Lepanto Consolidated Mining Company v. Dumyung, G.R. Nos. L31666
68, April 30, 1979, 89 SCRA 532.
[135]
Director of Forestry v. Muoz, id. at 1214.