Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 1K views

    Secretary of DENR Vs Yap

    Uploaded by

    JL A H-Dimaculangan
    This case involves a petition for declaratory relief filed by respondents regarding lands on Boracay Island. The Secretary of DENR opposed the petition, arguing that Boracay Island was unclassified public land. The Court of Appeals and Regional Trial Court ruled in favor of the respondents. The issues revolve around whether unclassified public lands are automatically alienable and available for disposition. The Supreme Court rules that there must be a positive act by the government, such as a proclamation, to classify land as alienable before it can be disposed of. Under the Regalian Doctrine, all public lands belong to the state unless proven otherwise.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Secretary of DENR Vs Yap

    Uploaded by

    JL A H-Dimaculangan
    1K views1 page
    This case involves a petition for declaratory relief filed by respondents regarding lands on Boracay Island. The Secretary of DENR opposed the petition, arguing that Boracay Island was unclassified public land. The Court of Appeals and Regional Trial Court ruled in favor of the respondents. The issues revolve around whether unclassified public lands are automatically alienable and available for disposition. The Supreme Court rules that there must be a positive act by the government, such as a proclamation, to classify land as alienable before it can be disposed of. Under the Regalian Doctrine, all public lands belong to the state unless proven otherwise.

    Original Description:

    Political Law

    Original Title

    Secretary of DENR vs Yap

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves a petition for declaratory relief filed by respondents regarding lands on Boracay Island. The Secretary of DENR opposed the petition, arguing that Boracay Island was unclassified public land. The Court of Appeals and Regional Trial Court ruled in favor of the respondents. The issues revolve around whether unclassified public lands are automatically alienable and available for disposition. The Supreme Court rules that there must be a positive act by the government, such as a proclamation, to classify land as alienable before it can be disposed of. Under the Regalian Doctrine, all public lands belong to the state unless proven otherwise.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Secretary of DENR Vs Yap

    Uploaded by

    JL A H-Dimaculangan
    This case involves a petition for declaratory relief filed by respondents regarding lands on Boracay Island. The Secretary of DENR opposed the petition, arguing that Boracay Island was unclassified public land. The Court of Appeals and Regional Trial Court ruled in favor of the respondents. The issues revolve around whether unclassified public lands are automatically alienable and available for disposition. The Supreme Court rules that there must be a positive act by the government, such as a proclamation, to classify land as alienable before it can be disposed of. Under the Regalian Doctrine, all public lands belong to the state unless proven otherwise.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Secretary of DENR vs Yap

    Natural Resources
    Regalian Doctrine

    and

    HELD:
    Environmental

    Laws:

    GR No. 167707; Oct 8, 2008


    FACTS:
    This petition is for a review on certiorari of the
    decision of the Court of Appeals (CA) affirming that
    of the Regional Trial Court (RTC) in Kalibo Aklan,
    which granted the petition for declaratory relief filed
    by respondents-claimants Mayor Jose Yap et al,
    and ordered the survey of Boracay for titling
    purposes.
    On Nov. 10, 1978, President Marcos issued
    Proclamation No. 1801 declaring Boracay Island as
    a tourist zone and marine reserve. Claiming that
    Proc. No. 1801 precluded them from filing an
    application for a judicial confirmation of imperfect
    title or survey of land for titling purposes,
    respondents-claimants
    filed
    a
    petition
    for
    declaratory relief with the RTC in Kalibo, Aklan.
    The Republic, through the Office of the Solicitor
    General (OSG) opposed the petition countering that
    Boracay Island was an unclassified land of the
    public domain. It formed part of the mass of lands
    classified as public forest, which was not available
    for disposition pursuant to section 3(a) of PD No.
    705 or the Revised Forestry Code.

    ISSUE: Whether unclassified lands of the public


    domain are automatically deemed agricultural land,
    therefore making these lands alienable.

    No. To prove that the land subject of an application


    for registration is alienable, the applicant must
    establish the existence of a positive act of the
    government such as a presidential proclamation or
    an executive order, an administrative action,
    investigative reports of the Bureau of Lands
    investigators, and a legislative act or statute.
    A positive act declaring land as alienable and
    disposable is required. In keeping with the
    presumption of state ownership, the Court has time
    and again emphasized that there must be a positive
    act of the government, such as an official
    proclamation, declassifying inalienable public land
    into disposable land for agricultural or other
    purposes.
    The Regalian Doctrine dictates that all lands of the
    public domain belong to the State, that the State is
    the source of any asserted right to ownership of
    land and charged with the conservation of such
    patrimony.

    All lands not otherwise appearing to be clearly


    within private ownership are presumed to belong to
    the State. Thus, all lands that have not been
    acquired from the government, either by purchase
    or by grant, belong to the State as part of the
    inalienable public domain.

    You might also like