Cruz vs DENR
3. Native Titles provide a different Type of Private Ownership
FACTS:
Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and mandamus as
citizens and taxpayers, assailing the constitutionality of certain provisions of Republic Act No.
8371, otherwise known as the Indigenous People’s Rights Act of 1997 (IPRA) and its
implementing rules and regulations (IRR). The petitioners assail certain provisions of the IPRA
and its IRR on the ground that these amount to an unlawful deprivation of the State’s
ownership over lands of the public domain as well as minerals and other natural resources
therein, in violation of the regalian doctrine embodied in section 2, Article XII of the
Constitution.
ISSUE:
Do the provisions of IPRA contravene the Constitution?
HELD:
No, the provisions of IPRA do not contravene the Constitution. Examining the IPRA, there is
nothing in the law that grants to the ICCs/IPs ownership over the natural resources within
their ancestral domain. Ownership over the natural resources in the ancestral domains
remains with the State and the rights granted by the IPRA to the ICCs/IPs over the natural
resources in their ancestral domains merely gives them, as owners and occupants of the land
on which the resources are found, the right to the small scale utilization of these resources,
and at the same time, a priority in their large scale development and exploitationAdditionally,
ancestral lands and ancestral domains are not part of the lands of the public domain. They are
private lands and belong to the ICCs/IPs by native title, which is a concept of private land title
that existed irrespective of any royal grant from the State. However, the right of ownership
and possession by the ICCs/IPs of their ancestral domains is a limited form of ownership and
does not include the right to alienate the same.
Separate Opinion Puno
Justice Puno’s Separate Opinion: The IPRA Law DID NOT VIOLATE the Regalian Theory
1. These lands claimed by the IPs have long been theirs BY VIRTUE OF NATIVE TITLE; they have
lived there even before the Spanish colonization. “Native title refers to ICCs/IPs’ pre‐conquest
rights to lands and domains held under a claim of private ownership as far back as memory
reaches. These lands are deemed never to have been public lands and are indisputable
presumed to have been held that way since before the Spanish Conquest.”
2. AND Native Title is an Exception to the Regalian Doctrine: ... Oh Cho vs Director of Lands:
“This exception would be any land that should have been in the possession of an occupant
and of his predecessors‐in‐interest since time immemorial”
“Sec. 5. Indigenous concept of ownership. ‐‐‐ Indigenous concept of ownership sustains the
view that ancestral domains and all resources found therein shall serve as the material bases
of their cultural integrity. The indigenous concept of ownership generally holds that ancestral
domains are the ICCs/IPs private but community property which belongs to all generations
and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional
resource rights.”
4. It complies with Regalian Doctrine: Natural Sources within ancestral domains are not
owned by the IPs
* The IPs claims are limited to “lands, bodies of water traditionally and actually occupied by
ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made
by them at any time within the domains;”
* IPRA did not mention that the IPs also own all the other natural resources found within the
ancestral domains
Akron vs Govt.
Facts: This case was commenced for the purpose of registering a land under the Torrens
system, which bounded, particularly situated in the plan description attached to the
complaint and made part thereof. The respondent, Oppositor, The Government of the
Philippine islands alleged that the said land was the property of the Government of the
United States of America and under the control of the Government of the Philippines. No
proof was presented by the oppositor regarding its allegations. The Judge render its decision
favouring Akron, and ordered that the said land be registered to the latter, however that the
right of the government to open a road in a manner that the opening should fifteen meters
meters wide and should follow approximately the line of the road. Hence the Director of the
lands appealed to this court. That all of said land, with the exception of a small part at the
north, the exact description and extension of which does not appear, has been cultivated and
planted for more than forty-four years prior to the date of this decision;
That said land was formerly occupied, cultivated and planted by Moros, Mansacas and others,
under a claim of ownership, and that they lived thereon and had their houses thereon, and
that portion of the land which was not planted or cultivated was used as pasture land
whereon they pastured their carabaos, cattle, and horses; That all of said Moros and
Mansacas sold, transferred and conveyed all their right, title and interest in said land to the
applicant, J. H. Ankron, some eleven years past, at which time all of the said former owners
moved o n to adjoining lands where they now reside; That the possession under claim of
ownership of the applicant and his predecessors in interest was shown to have been open,
notorious, actual, public and continuous for more than forty-four years past, and that their
claim was exclusive of any other right adverse to all other claims; That the applicant now has
some one hundred fifty (150) hills of hemp, some eight thousand (8,000) cocoanut trees, a
dwelling house, various laborers' quarters, store-building, large camarin (storehouse of wood,
a galvanized iron and other buildings and improvements on said land.
Issue: Whether or not the said land is owned by the government of the Philippines.
Ruling: Yes, The court held that the applicant proved and validly supplied the requisites for
the registration of the said land into an agricultural land as per stated by paragraph 6 of
section 54 of Act No. 926. The important prerequisites for registration of land imposed by said
section 54, paragraph 6, are (a) that the land shall be agricultural public land as defined by the
Act of Congress of July 1, 1902; (b) that the petitioner, by himself or his predecessors in
interest, shall have been in the open, continuous, exclusive and notorious possession and
occupation of the same under a bona fide claim of ownership for a period of ten years next
preceding the taking effect of said Act. The government failed to disrupt the said facts
presented by the applicant. Hence, the court rendered its judgement in favor of the applicant
HEIRS OF JOSE AMUNATEGUI v. DIRECTOR OF LANDS,
126 SCRA 69 (1983)
Facts: There were two petitions for review on certiorari questioning the decision of the Court
of Appeals which declared the disputed property as forest land, not subject to titling in favor
of private persons, Borre and Amunategui. The Director of Forestry, through the Provincial
Fiscal of Capiz, also filed an opposition to the application for registration of title claiming that
the land was mangrove swamp which was still classified as forest land and part of the public
domain. Another oppositor, Emeterio Bereber filed his opposition insofar as a portion of Lot
No. 885 containing 117,956 square meters was concerned and prayed that title to said
portion be confirmed and registered in his name.
Issue: W/N the lot in question can be subject of registration and confirmation of title in the
name of the private person.
Held: No. The opposition of the Director of Forestry was strengthened by the appellate
court's finding that timber licenses had to be issued to certain licensees and even Jose
Amunategui himself took the trouble to ask for a license to cut timber within the area. It was
only sometime in 1950 that the property was converted into fishpond but only after a
previous warning from the District Forester that the same could not be done because it was
classified as "public forest”.
A forested area classified as forest land of the public domain does not lose such classification
simply because loggers or settlers may have stripped it of its forest cover. "Forest lands" do
not have to be on mountains or in out of the way places. Swampy areas covered by mangrove
trees, nipa palms, and other trees growing in brackish or sea water may also be classified as
forest land. The possession of forest lands, no matter how long, cannot ripen into private
ownership. Therefore, the lot in question never ceased to be classified as forest land of public
domain. The classification is not lost even if it had been stripped off forest cover unless in an
official proclamation as disposable lands. The rules on confirmation of imperfect title do not
apply.
Sta. Rosa Realty Development Corp vs. Court of Appeals
Facts:
The case is a petition regarding Department of Agrarian Reform Adjudication Board’s (DARAB)
order of compulsory acquisition of petitioner’s property under the Comprehensive Agrarian
Reform Program (CARP). Sta. Rosa was the registered owner of two parcels of land in
Cabuyao Laguna. According to them, these lands are watersheds which provide clean and
potable (drinkable) water to the Canlubang community and that 90 light industries are
located in that area. They were alleging respondents usurped its rights over their property
thereby destroying the ecosystem. Since the said land provides water to the residents,
respondents sought an easement of a right of a way to and from Barangay Castile, to which,
by counterclaim, Sta. Rosa sought ejectment against respondents. Respondents went to the
DAR and filed a case for compulsory acquisition of the Sta. Rosa Property under the
Comprehensive Agrarian Reform Program. Compulsory acquisition is the power of the
government to acquire private rights in land without the willing consent of its owner or
occupant in order to benefit the society. The said land was inspected by the Municipal and
Agrarian Reform Officer, and upon consensus of the authorities concerned, they decided that
the said land must be placed under compulsory acquisition. Petitioners filed an objection on
the ground that: The area is not appropriate for agricultural purposes. The area was rugged in
terrain with slopes 18% and above. (which falls under the exception in compulsory acquisition
of CARP) The occupants of the land were illegal settlers or (squatters) who by no means are
entitled to the land as beneficiaries. Another issue raised by the petitioners was that the DAR
failed to follow the due process because instead of paying just compensation, a trust account
was made in favour of the petitioners.
Issues:
1. Whether these parcels of land fall within the coverage of the Compulsory Acquisition
Program of the CARP?
2. Whether the petition of land conversion of the parcels of land may be granted?
Court Ruling:
1. Art. 67 of the Water Code: Any watershed or any area of land adjacent to any surface water
or overlying any ground water may be declared by DENR as a protected area. In this case, the
DENR did not declare the land as a protected area, In the past the municipality issued a
resolution that the said land is an agricultural land.
2. Although evidence of petitioners is strong, the Supreme Court opines that the area must be
maintained for watershed purposes for ecological and environmental considerations despite
the 88 families who are beneficiaries of the CARP. It is important that a larger view of the
situation be taken because of the thousands of residents downstream if the watershed will
not be protected and maintained for its natural purpose.
Collado vs CA
FACTS:
Petitioner Collado filed with the land registration court an application for registration of a
parcel of land with an approximate area of 120.0766 hectares ("Lot" for brevity). The Lot is
situated in Barangay San Isidro, Antipolo, Rizal, and covered by Survey Plan Psu-162620.
Attached to the application was the technical description of the Lot as Lot Psu-162620 signed
by Robert C. Pangyarihan, Officer-in-Charge of the Survey Division, Bureau of Lands, which
stated, "[t]his survey is inside IN-12 Mariquina Watershed." Then petitioner Collado filed an
Amended Application to include additional co-applicants. Subsequently, more applicants
joined (collectively referred to as "petitioners" for brevity).
The Republic of the Philippines, through the Solicitor General, and the Municipality of
Antipolo, through its Municipal Attorney and the Provincial Fiscal of Rizal, filed oppositions to
petitioners’ application.
DIRECTOR OF FORESTRY v. VILLAREAL,
Facts:
Respondent Ruperto Villareal applied for the registration of various mangrove swamps
located in Sapian, Capiz on January 25, 1949. He alleged that he and his predecessors-in-
interest had been in possession of these lands for more than forty years.
Petitioner, on the other hand, questioned the validity of such an application. It was claimed
that mangrove swamps are part of our public forest land and are therefore inalienable under
the Constitution.
Issue: W/N the land is inalienable public forest land
Ruling: Yes C.A. No. 141 delegated to the President the function of making periodic
classifications of public land. One category of such public land is timber. The swamps, as
noted in earlier cases, were sometimes cultivated merely for the sake of the combustible
wood of the mangrove. Since the swamps are used for timber and lands of such purpose are
considered public lands, the swamps in the instant case must be recognized as inalienable
public forest land.

Petitioners alleged that they have occupied the Lot since time immemorial. Their possession
has been open, public, notorious and in the concept of owners. The Lot was surveyed in the
name of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902.

ISSUES:

Whether petitioners have registrable title over the Lot.

HELD:

Under the Regalian Doctrine, all lands of the public domain as well as all natural resources
belong to the State. Watersheds are considered natural resources which are not susceptible
of occupancy, disposition, conveyance or alienation. The statute of limitations with regard to
public land does not operate against the State.
ART XII SEC 2 & 3
Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State. With the exception of agricultural lands, all
other natural resources shall not be alienated. The exploration, development, and utilization
of natural resources shall be under the full control and supervision of the State. The State
may directly undertake such activities, or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea,
and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino
citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of
the country. In such agreements, the State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.
Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses to which they may be devoted. Alienable lands of the public domain
shall be limited to agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and not to exceed one thousand
hectares in area. Citizens of the Philippines may lease not more than five hundred hectares,
or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development, and subject
to the requirements of agrarian reform, the Congress shall determine, by law, the size of
lands of the public domain which may be acquired, developed, held, or leased and the
conditions therefor.
PUBLIC LAND ACT SEC 6 to 9
-Section 6. The Governor-General, upon the recommendation of the Secretary of Agriculture
and Natural Resources, shall from time to time classify the lands of the public domain into —
(a) Alienable or disposable; (b) Timber; and (c) Mineral lands
and may it any time and in a like manner transfer such lands from one class to another, for
the purposes of their government and disposition.
Section 7. For the purpose of the government and disposition of alienable or disposable
public lands, the Governor-General, upon recommendation by the Secretary of Agriculture
and Natural Resources, shall from time to time declare what lands are open to disposition or
concession under this, Act.
Section 8. Only those lands shall be declared open to disposition or concession which have
been officially delimited and classified and, when practicable, surveyed, and which have not
been reserved for public or quasi-public uses, not appropriated by the Government, nor in
any manner become private property, nor those on which a private right authorized and
recognized by this Act or any other valid law may be claimed, or which, having been reserved
or appropriated, have ceased to be so. However, the Governor-General may, for reasons of
public interest, declare lands of the public domain open to disposition before the same have
had their boundaries established or been surveyed, or may, for the same reasons, suspend
their concession or disposition by proclamation duly published or by Act of the Legislature.
Section 9. For the purposes of their government and disposition, the lands of the public
domain alienable or open to disposition shall be classified, according to the use or purposes
to which such lands are destined, as follows:
(a) Agricultural (b) Commercial, industrial, or for similar productive purposes; (c) Educational,
charitable, and other similar purposes; (d) Reservations for town sites, and for public and
quasi-public uses.
The Governor-General, upon recommendation by the Secretary of Agriculture and Natural
Resources, shall from time to time make the classification provided for in this section, and
may, at any time and in a similar manner, transfer lands from one class to another.
 ENVIRONMENT AND NATURAL RESOURCES
Section 1. Declaration of Policy. -
(1) The State shall ensure, for the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition, utilization, management, renewal and
conservation of the country's forest, mineral, land, waters, fisheries, wildlife, off-shore areas
and other natural resources, consistent with the necessity of maintaining a sound ecological
balance and protecting and enhancing the quality of the environment and the objective of
making the exploration, development and utilization of such natural resources equitably
accessible to the different segments of the present as well as future generations.
(2) The State shall likewise recognize and apply a true value system that takes into account
social and environmental cost implications relative to the utilization, development and
conservation of our natural resources.
Section 2. Mandate. -
(1) The Department of Environment and Natural Resources shall be primarily responsible for
the implementation of the foregoing policy.
(2) It shall, subject to law and higher authority, be in charge of carrying out the State's
constitutional mandate to control and supervise the exploration, development, utilization, and
conservation of the country's natural resources.
Section 3. Guidelines for Implementation. - In the discharge of its responsibility the Department shall be
guided by the following objectives:
(1) Assure the availability and sustainability of the country's natural resources through
judicious use and systematic restoration or replacement, whenever possible;
(2) Increase the productivity of natural resources in order to meet the demands for the
products from forest, mineral, land and water resources of a growing population;
(3) Enhance the contribution of natural resources for achieving national economic and social
development;
(4) Promote equitable access to natural resources by the different sectors of the population;
and
(5) Conserve specific terrestrial and marine areas representative of the Philippine natural and
cultural heritage for present and future generations.
Section 4. Powers and Functions. - The Department shall:
(1) Advise the President and the Congress on the enactment of laws relative to the
exploration, development, use, regulation and conservation of the country's natural resources
and the control of pollution;
(2) Formulate, implement and supervise the implementation of the government's policies,
plans and programs pertaining to the management, conservation, development, use and
replenishment of the country's natural resources;
(3) Promulgate rules and regulations in accordance with law governing the exploration,
development, conservation, extraction, disposition, use and such other commercial activities
tending to cause the depletion and degradation of our natural resources;
(4) Exercise supervision and control over forest lands, alienable and disposable public lands,
mineral resources and, in the process of exercising such control, impose appropriate taxes,
fees, charges, rentals and any such form of levy and collect such revenues for the exploration,
development, utilization or gathering of such resources;
(5) Undertake the exploration, assessment, classification and inventory of the country's
natural resources, using ground surveys, remote sensing and complementary technologies;
(6) Promote proper and mutual consultation with the private sector on matters involving
natural resources exploration, development, use and conservation;
(7) Undertake geological surveys of the whole country including its territorial waters;
(8) Issue licenses and permits for activities related to the use and development of aquatic
resources, treasure hunting, salvaging of sunken vessels and other similar activities:
(9) Establish policies and implement programs for the:
(a) Accelerated inventory, survey and classification of lands, forest and mineral
resources, using appropriate technology, to be able to come up with a more
accurate assessment of resource quality and quantity;
(b) Equitable distribution of natural resources through the judicious
administration, regulation, utilization, development and conservation of public
lands, forest, water and mineral resources (including mineral reservation areas),
that would benefit a greater number of Filipinos;
(c) Promotion, development and expansion of natural resource-based industries;
(d) Preservation of cultural and natural heritage through wildlife conservation and
segregation of national parks and other protected areas;
(e) Maintenance of a wholesome natural environment by enforcing
environmental protection laws; and
 (f) Encouragement of greater people participation and private initiative in rural
resource management;
(10) Promulgate rules and regulations necessary to:
(a) Accelerate cadastral and emancipation patent surveys, land use planning and
public land titling:
(16) Implement measures for the regulation and supervision of the processing of forest
products, grading and inspection of lumber and other forest products and monitoring of the
movement of timber and other forest products;
(17) Promulgate rules and regulations for the control of water, air and land pollution;
(18) Promulgate ambient and effluent standards for water and air quality including the
allowable levels of other pollutants and radiations;

(b) Harness forest resources in a sustainable manner, to assist rural development,

support forest-based industries, and provide raw materials to meet increasing (19) Promulgate policies, rules and regulations for the conservation of the country's genetic
demands, at the same time keeping adequate reserves for environmental resources and biological diversity, and endangered habitats;
stability;

(20) Formulate an integrated, multi-sectoral, and multi-disciplinary National Conservation

(c) Expedite mineral resources surveys, promote the production of metallic and Strategy, which will be presented to the Cabinet for the President's approval;
non-metallic minerals and encourage mineral marketing;

(21) Perform such other functions as may be provided by law.

(d) Assure conservation and judicious and sustainable development of aquatic
resources.
Section 5. Organizational Structure. - The Department shall consist of the Department Proper, the Staff
Offices, the Staff Bureaus, and the Regional Offices, Provincial Offices and Community Offices.
(11) Assess, review and provide direction to, in coordination with concerned government
agencies, energy research and development programs, including identification of sources of
energy and determination of their commercial feasibility for development;

(12) Regulate the development, disposition, extraction, exploration and use of the country's
forest, land, water and mineral resources;

(13) Assume responsibility for the assessment, development, protection, licensing and
regulation as provided for by law, where applicable, of all energy and natural resources; the
regulation and monitoring of service contractors, licensees, lessees, and permit for the
extraction, exploration, development and use of natural resources products; the
implementation of programs and measures with the end in view of promoting close
collaboration between the government and the private sector; the effective and efficient
classification and subclassification of lands of the public domain; and the enforcement of
natural resources and environmental laws, rules and regulations;

(14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits,
concessions, lease agreements and such other privileges concerning the development,
exploration and utilization of the country's marine, freshwater, and brackish water and over all
aquatic resources of the country and shall continue to oversee, supervise and police our
natural resources; cancel or cause to cancel such privileges upon failure, non-compliance or
violations of any regulation, order, and for all other causes which are in furtherance of the
conservation of natural resources and supportive of the national interest;

(15) Exercise exclusive jurisdiction on the management and disposition of all lands of the
public domain and serve as the sole agency responsible for classification, sub-classification,
surveying and titling of lands in consultation with appropriate agencies;