This case has been cited 6 times or more.
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2013-10-23 |
LEONARDO-DE CASTRO, J. |
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| Under the Regalian doctrine, all lands of the public domain belong to the State, and that the State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony. The same doctrine also states that all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. Consequently, the burden of proof to overcome the presumption of ownership of lands of the public domain is on the person applying for registration. Unless public land is shown to have been reclassified and alienated by the State to a private person, it remains part of the inalienable public domain.[32] | |||||
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2008-10-08 |
REYES, R.T., J. |
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| 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.[45] The doctrine has been consistently adopted under the 1935, 1973, and 1987 Constitutions.[46] | |||||
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2007-10-15 |
AZCUNA, J. |
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| As already well-settled in jurisprudence, no public land can be acquired by private persons without any grant, express or implied, from the government; and it is indispensable that the person claiming title to public land should show that his title was acquired from the State or any other mode of acquisition recognized by law.[31] 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; investigation reports of Bureau of Lands investigators; and a legislative act or a statute.[32] The applicant may also secure a certification from the Government that the land applied for is alienable and disposable.[33] | |||||
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2006-09-26 |
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| In the present case, the only evidence to prove the character of the subject lands as required by law is the notation appearing in the Advance Plan stating in effect that the said properties are alienable and disposable. However, this is hardly the kind of proof required by law. To prove that the land subject of an application for registration is alienable, an applicant must establish the existence of a positive act of the government such as a presidential proclamation or an executive order, an administrative action, investigation reports of Bureau of Lands investigators, and a legislative act or statute.[28] The applicant may also secure a certification from the Government that the lands applied for are alienable and disposable. [29] In the case at bar, while the Advance Plan bearing the notation was certified by the Lands Management Services of the DENR, the certification refers only to the technical correctness of the survey plotted in the said plan and has nothing to do whatsoever with the nature and character of the property surveyed. Respondents failed to submit a certification from the proper government agency to prove that the lands subject for registration are indeed alienable and disposable. | |||||
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2006-08-30 |
AZCUNA, J. |
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| Based on the foregoing, the classification or reclassification of public lands into alienable or disposable, mineral or forest lands is the exclusive prerogative of the Executive Department of the government. Clearly, the courts no longer have the authority, whether express or implied, to determine the classification of lands of the public domain.[30] | |||||
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2006-07-31 |
PUNO, J. |
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| Petitioners, in this case, applied for registration of title to two parcels of land covered by Plan Psu-240345. Both parcels of land are located in San Juan, Taytay, Rizal, near the shore of Laguna de Bay. The controlling law in the instant case is Commonwealth Act No. 141, as amended, otherwise known as the Public Land Act. It governs what were used to be known as public agricultural lands, or what are otherwise known as alienable and disposable lands of the public domain. Under the Public Land Act, there is a presumption that the land applied for belongs to the state, and that the occupants and possessors can only claim an interest in the land by virtue of their imperfect title or continuous, open, and notorious possession thereof[15] for a period prescribed by law. This principle is rooted in the Regalian doctrine, under which the State is the source of any asserted right to ownership of land. The basic doctrine is that all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.[16] Any applicant for judicial confirmation of an imperfect title has the burden of proving, by incontrovertible evidence,[17] that the (a) land applied for is alienable and disposable public land; and, (b) the applicant, by himself or through his predecessors-in-interest had occupied and possessed the land, in the concept of owner, openly, continuously, exclusively, and adversely since June 12, 1945, or earlier.[18] | |||||