This case has been cited 1 times or more.
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2006-09-27 |
TINGA, J. |
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| In the meantime, the Department Head shall simplify through inter-bureau action the present system of determining which of the unclassified lands of the public domain are needed for forest purposes and declare them as permanent forest to form part of the forest reserves. He shall declare those classified and determined not to be needed for forest purposes as alienable and disposable lands, the administrative jurisdiction and management of which shall be transferred to the Bureau of Lands: Provided, That mangrove and other swamps not needed for shore protection and suitable for fishpond purposes shall be released to, and be placed under the administrative jurisdiction and management of, the Bureau of Fisheries and Aquatic Resources. Those still to be classified under the Present system shall continue to remain as part of the public forest. (Emphasis supplied.) Reliance on this provision is highly misplaced. P.D. No. 705 was promulgated only on 19 May 1975, or four (4) years after the free patent and title were awarded to Orcullo. Thus, it finds no application in the instant case. Prior forestry laws, including P.D. No. 389,[27] which was revised by P.D. No. 705, does not contain a similar provision. Article 4 of the Civil Code provides that "laws shall have no retroactive effect unless the contrary is provided." The Court does not infer any intention on the part of then President Marcos to ordain the retroactive application of Sec. 13 of P.D. No. 705. Thus, even assuming for the nonce that subject parcel was unclassified at the time Orcullo applied for a free patent thereto, the fact remains that when the free patent and title were issued thereon in 1971, respondent in essence segregated said parcel from the mass of public domain. Thus, it can no longer be considered unclassified and forming part of the public forest as provided in P.D. No. 705. | |||||