Secretary of DENR vs Yap

Natural Resources and Environmental Laws: Regalian Doctrine

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.

HELD:
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.  
such patrimony.