Professional Documents
Culture Documents
Forest or Timber
PRIMARY CLASSIFICATION: (1ST SLIDE) 3. Mineral
1935 Constitution (2nd SLIDE) 4. National parks
1. Agricultural
2. Forest or Timber SECONDARY CLASSIFICATION (5th slide)
3. Mineral Section 9 of the Public Land Act (6TH SLIDE)
1973 Constitution (3RD SLIDE) SECTION 9. For the purpose of their administration
and disposition, the lands of the public domain
1. Agricultural
alienable or open to disposition shall be classified,
2. Industrial or commercial according to the use or purposes to which such lands
are destined, as follows:
3. Residential
(a) Agricultural
4. Resettlement
(b) Residential commercial industrial or for
5. Mineral similar productive purposes
6. Timber or Forest (c) Educational, charitable, or other similar
7. Grazing land purposes
Art. XII Section 3 of the 1987 Constitution (4TH (d) Reservations for town sites and for public and
SLIDE) (NOTE: wag na ung mismong prov hehe) quasi-public uses.
Section 3. Lands of the public domain are classified The President, upon recommendation by the
into agricultural, forest or timber, mineral lands and Secretary of Agriculture and Commerce, shall from
national parks. Agricultural lands of the public time to time make the classifications provided for in
domain may be further classified by law according to this section, and may, at any time and in a similar
the uses to which they may be devoted. Alienable manner, transfer lands from one class to another
lands of the public domain shall be limited to
agricultural lands. Private corporations or
associations may not hold such alienable lands of the SYSTEM OF CLASSIFICATION (An executive
public domain except by lease, for a period not prerogative) (7TH SLIDE)
exceeding twenty-five years, renewable for not more
SECTION 6. The President, upon the
than twenty-five years, and not to exceed one
recommendation of the Secretary of Agriculture and
thousand hectares in area. Citizens of the Philippines
Commerce, shall from time to time classify the lands
may lease not more than five hundred hectares, or
of the public domain into —
acquire not more than twelve hectares thereof, by
purchase, homestead, or grant. (a) Alienable or disposable;
Taking into account the requirements of (b) Timber, and
conservation, ecology, and development, and subject
(c) Mineral lands,
to the requirements of agrarian reform, the Congress
shall determine, by law, the size of lands of the public and may at any time and in a like manner transfer
domain which may be acquired, developed, held, or such lands from one class to another, for the purposes
leased and the conditions therefor. of their administration and disposition
1. Agricultural - Under section 6 of the Public Land Act, the
President through a presidential proclamation
or executive order, can classify or reclassify I. Public dominion
land to be included or excluded from the
a. Intended for public use
public domain. The Secretary, Department of
Environment and Natural Resources b. Intended for some public service
(DENR), is the only other public official
empowered by law to approve a land c. Intended for the development of the
National wealth
classification and declare such land as
alienable and disposable (8TH SLIDE) II. Patrimonial property- land belonging to the
Ex. Proclamation No. 1064- Boracay state that is not of such character or although
of such character but no longer intended for
public use or for public service
ADDITIONAL: (if ever matanong) 2. Private ownership
Land
1. Belongs to the state
CASES/STATUTES RTC had erred in finding that he had been in
possession of the property in the manner and for the
MALABANAN VS. REPUBLIC
length of time required by law for confirmation of
Ponente: TINGA, J.: imperfect title. On 23 February 2007, the Court of
Appeals reversed the RTC ruling and dismissed the
FACTS: application of Malabanan.
Issue:
Sec. 2 and 3 of the 1987 Constitution
Whether or not the respondent established proof of
his muniment of title to merit registration of land in Section 2. All lands of the public domain, waters,
his favor? minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or
Ruling:
timber, wildlife, flora and fauna, and other natural
The petition of the respondent is covered by the Land resources are owned by the State. With the exception
Registration Act providing that a person alleging in of agricultural lands, all other natural resources shall
his petition or application ownership in fee simple not be alienated. The exploration, development, and
must present muniments of title to substantiate his utilization of natural resources shall be under the full
claim of ownership, presenting evidence of his control and supervision of the State. The State may
possession in the concept of an owner in a manner directly undertake such activities, or it may enter into
and number of years required by law. The manner co-production, joint venture, or production-sharing
shall be open, continuous, exclusive, and notorious agreements with Filipino citizens, or corporations or
possession of the property known as agricultural land associations at least sixty per centum of whose
of the public domain for 30 years preceding the filing capital is owned by such citizens. Such agreements
of application for confirmation (Commonwealth Act may be for a period not exceeding twenty-five years,
No. 141). renewable for not more than twenty-five years, and
under such terms and conditions as may be provided
Possession of public land however long never
by law. In cases of water rights for irrigation, water
confers title upon the possessor unless occupant of
supply fisheries, or industrial uses other than the
the same is under claim of ownership for the required
development of water power, beneficial use may be
period. Even in the absence of opposition the court
the measure and limit of the grant.
can deny registration of land under the Torrens
System on ground that an applicant failed to establish The State shall protect the nation’s marine wealth in
his ownership by a fee simple on the property sought its archipelagic waters, territorial sea, and exclusive
to be registered. economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The respondent only traced his own possession in the
land in 1949 by virtue of extrajudicial settlement and The Congress may, by law, allow small-scale
order and at the same time he filed his application for utilization of natural resources by Filipino citizens,
registration in 1975 thus he was in possession of said as well as cooperative fish farming, with priority to
land only for 26 years. His mere allegation that his subsistence fishermen and fishworkers in rivers,
mother was in possession of the land since 1911 is lakes, bays, and lagoons.
self serving and hearsay and is inadmissible as
The President may enter into agreements with
evidence. The tax receipts and tax declaration he
foreign-owned corporations involving either
offered as evidence do not substantiate clear proof of
technical or financial assistance for large-scale
ownership. Thus, with his failure to prove that his
exploration, development, and utilization of
predecessor-in-interest occupied the land under the
minerals, petroleum, and other mineral oils
condition laid down by law, he can only establish his
according to the general terms and conditions
possession of the land from 1949. Respondent failed
provided by law, based on real contributions to the
to prove his muniment of title for the registration of
economic growth and general welfare of the country.
the land under the Registration Act with failure to
In such agreements, the State shall promote the
present convincing and positive proof of his
development and use of local scientific and technical
continuous, open, uninterrupted and notorious
resources.
The President shall notify the Congress of every and streams: Provided, further, That when public
contract entered into in accordance with this interest so requires, steps shall be taken to
provision, within thirty days from its execution. expropriate, cancel defective titles, reject public land
application, or eject occupants thereof.
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.