8 February 2019
pwede mo idevelop but it will never belong to the
What do you mean by alienable?
It means disposable, it includes the giving to
private individual.
Agricultural lands are inalienable why?
Who between the state( which has all the funds)
and the farmers are more productive in
agriculture? Natural tendency of the person is
that when he own something he will be more
productive. It is not about incentives.
What if the government tool over the assets after a
few years, wala na, nalugi na. is it non- operable?
- If somebody owns , he will take care of
it.if
PD 27 : Tenants emancipation from the
bondage of the soil
First agricultural land law
Emancipation patent (EP) DURING Marcos time
ART 2. SEC 15 AND SEC 16. (OPOSA VERSUS
FACTORAN )
IPRA ( Indigenous people’s right act)
Who are the indigenous people? (Art. XII, SEC 5. )
– its constitutionality was challenged before the
SC because of two factors.
Pro- the land belongs to them
Con- two group
Regalian Doctrine- this is violated because the
indigenous people could not establish their titles
over the ancestral lands
7-7 – the law remain constitutional because the
petitioner failed to acquire the required number of
votes.
Another group : the ancestral lands have long
been their rights before any constitution was
established . They have been living their for a long
time.
IPRA: THESE LANDS CAN BE DEVELOPED
PROVIDED THAT : - it is in Palawan group of
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A.Y. 2018-2019
people can secure a certificate of conformity
developers.
If there is parcel of land and there is no known
owner, who owns that? By default it belongs to the
state.
What if you say that you can own the land, but you
can’t show a title, how will you answer to a
question of challenging your claim? No title but
you will cultivate it . Everyone knows that you
own it. Then the state interferences. How will you
defend you claim?
Assesor’s office---- through tax declaration
In the land registration authority (LRA )
Thru Register of Deeds (RD)- the office which
issues titles
Municipal’s office- requires affidavit of ownership
(how long are you occupying it and if you are
cultivating it.
Tax Declaration- for tax purposes only RPT ( Real
property tax)
A TAX DECLARATION IS NOT AN EVIDENCE OF
OWNERSHIP
 Some jurisprudence will say that tax
declaration supports claim that you have
a right over it more than anyone except
the one having registered ownership.
 If there are two people paying tax over
the same parcel of land, if a tax
declaration is coupled with physical
actual possession, then she will be
preferred more than any other claimant.
Rights of the owner
1) use
2) occupy
3) enjoy the fruits
PUBLIC LAND ACT ( CA NO. 141)
 General existing law governing he
classification and disposition of lands of
public domain
  Friar lands that was previously privately
owned is now property of the republic of
the Philippines. It only applies to lands of
public domain because timber and
mineral are governed by special laws.
 Torrens system of registration
 Property Registration Decree
Functions of Department of Environment
and Natural Resources
 Primarily responsible for the
implementation of public land act
 In charge of carrying out the state’s
constitutional mandate to control and
supervise ASSthe exploration,
development, utilization of conservation
of country’s natural resources
 Primary government instrumentality
charged with the promulgation of rules
and regulations for the preotection od
environment and natural resources
Regalian doctrine is under section 2 article 12
of the constitution national patrimony and
economy.
Period of agreement shall not exceed above 25
years.
EXPLORATION, DEVELOPMENT UTILIZATION
AND CONSERVATION OF NATURAL RESOURCES
MUST BE SUPERVISED BY THE STATE.
Secretary of environment and natural
resources
 Executive officer in charged with carrying
out the provisions of the public land act.
 Impose appropriate taxes, fees, rentals
and any such form of levy collect such
revenues for the exploration,
development and utilization or gathering
of such resources.
 Promulgate rules and regulations and
guidelines on the issuance of license and
premits
 Cancel such privileges if there is a
violation about the on the conserevation
and national interest.
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A.Y. 2018-2019
 Exclusive jurisdiction on the
management and disposition of lands
 Responsible for the classification, sub-
classification, surveying and titling of
lands.
Director of Lands
 Shall have the direct executive control of
the survey, classification, lease, sale and
any form of concession, disposition and
management of lands of public domain
 Conclusive with the decision of secretary.
 Decision of director of lands may be
annulled provided that there is a
mistake, fraud and misinterpretation
in the law.
 Assisted by assistant director
 A) recommend policies and programs
efficient and effective administration and
disposition of public lands
 B) advise regional offices about
efficient and effective implementation of
policies and programs for effective public
land management
 C) assist in monitoring and evaluation
of land survey, management and
disposition of lands
 D) Issue standards, guidelines,
regulations and orders to enforce policies
for the maximation of land use and
development
 E) develop operating standards and
procedures to enhance the Bureau’s
objectives.
 F) assist secretary in carrying out the
public land act’s provision
 G) perform other functions assigned by
the secretary
Courts have still jurisdiction when there is
conflict over lands however, if DENR released
a decision, that decision will prevail.
Municipal Governments has authority to
promulgate rules and regulations
necessary for the health safety comfort
and convenience.
 Bureau of Forest Department, Bureau of > inalienable
Mines and Geoscience, Bureau of Lands
are in cooperation with regional offices. Under section 3, article 12

Hierarchy of functions a) AGRICULTURAL

Department Secretary> approves the B) FOREST OR TIMBER

appraisals of lands, issues authority to c) MINERAL LANDS
conduct bidding covering agricultural alnds
sales above five hectares and leases covering D) NATIONAL PARKS
100 hectares, approves transfer of public land
b) LANDS OF PRIVATE DOMAIN- land
application , decides cases on appeal involving
belonging to and owned by the state as
claims over public lands, signs patents.
private individual, without being devoted to
Regional Executive Director public use.

- Issues orders of bidding and sign
contracts , survey projects, issues
investigations orders involving patented
lots, decides claims and conflicts over
public lands, sign patents, issue original
permits
Regional Technical Director
- Verifies, approves and sign maps and
plans for public land subdivision
cadastral and isolated surveys, issues
surveys for public land.
Provincial Environment and Natural
Resource Officer
- Issues certificates of land classification for
50 hectares, approves appraisal of public
lands, authority to conduct biddung on
sales and leases, issue orders of
investigation.
Community Environment and Natural
Resource Office
- Conduct surveys, issues certificate of land
classification, accept land application,
sealed biddings, issue survey orders for
subdivision of cadastral lots for patented
and unpatedted lots.
CLASSIFICATION OF LANDS
a) LANDS OF PUBLIC DOMAIN- intended for
public use or public service
> alienable
Only agricultural lands are subject to
disposition.
There is no law reserving these lands for
public and quasi public uses.
Patrimonial properties- lands of public
dominion but no longer used for public use.
Under section 6 of public land act
- Executive branch has the prerogative to
classify and reclassify lands of bulic
domain not the court.
CLASSIFICATION OF LANDS UNDER PUBLIC
LAND ACT (3)
A) alienable or disposable
B) timber
C) mineral lands
Public lands open for disposition (4)
a) agricultural
b) residential, commercial, industrial
c) educational, charitable
D) reservation for town sites.
UNDER SECTION 9 OF PUBLIC LAND ACT
- Lands must be first classified before they
are given to a private owner. Executive
prerogative upon the recommendation of
secretary department

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Discussion >> through special power of attorney to y the
land was sold.
What is the restriction of Government to Patent
lands ( for the benefit of the grantee) Not within 5 years. Government will award who is
qualified. Except with hereditary succession and
- Cannot transfer the ownership within 5 reason is death – title can be transferred- the heirs
years. will ineherit
- It is not a right but a privilege given by
the government Can foreigners own a parcel of land GR: No
- CLOA- sertifiacte of land Ownership
award marcos time – start a genuine land Xpn; BY SUCCESSION (IF THE WIFE DIED)
reform Foreigner can buy a condo unit because it is not
- It is no longer devoted for agricultural the whole land or corporation he is buying.
land- lands must be in the hands of the
developer. Doctrine of Exhaustion of Administrative
Remedies
The owner of the land without title is the
Before a party is allowed to seek intervention of
state
courts, it is a pre condition that he avail himself all
DENR- serves as blood stream because it
administrative processes afforded to him. Hence,
affects the lifespan of the people.
if a remedy within administrative machinery can
ve resorted to by giving him administrative officer
Cadastral Proceeding- government looks
every opportunity to decide on a matter that
for the owner of the land
comes within the jurisdiction, then such remedy
- Government looks for the owner of the
must be exhausted first before the power of
land.
judicial review can be sought. It must first carry
- Through OSG will apply to the court that
out the functions and discharge of administrative
these lands are open for disposition
agencies their specialized areas of their respective
- Those qho are qualified will be issued a
competence
atitle.
- DENR THOUGH BUREAU OF LANDS Doctrine of Primary Jurisdiction
- CADSTRAL SURVEY
Courts will not determine a controversy involving
Courts will determine through cadastral a question which is within the administrative
survey tribunal prior to the resolution of the question by
administrative tribunal. It requires the special
Reversion- action of the state, through OSG
knowledge, experiences and services of
may file
administrative tribunal.
- Right to claim of the state to recover land
March 1, 2019
- There is no prescription
- Under regalia doctrine CHAPTER III
Cancellation and Nullification of Title Define a Forest Land? Include public forest , the
permanent forest or forest reserves and forest
- Filing towards an individual for who
reservations.
fraudulently acquired a land.
Do president has the function to decide whether
Emancipation Patent title, can the title be
forest lands can be agricultural land? Yes.
transferred?
Do presidents have jurisdiction over DENR lands?
Ex
Yes.
x------ y forged--- title y >>> sold

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What constitutes our natural resources? Stated in
ARTICLE 12 SECTION 2
Can a forest land be given to private individual? It
depends when the person has been cultivating the
land for many years.
IPRA LAW – entitled to own and is not a violation
to regalian doctrine
CRUZ VERSUS DENR
Give crimes against Revised Forestry Code
Can you cut a tree inside your house? No, one
must get a permit from LGU’s
Define a tree.
Case in Bulacan , tree was planted in different
house but its leaves and branches are leaning
towards their neighbor.
In U.S. they prohibit especially those trees that are
protected.
In Statcon, If there is a conflict between codal and
special law? Special law will prevail.
Crime : CRIM- Theft, SPECIAL LAW- qualified theft.
What if the person owning the land does not know
that the it classifies as forest land?
--- is okay if the person is in good faith.
Reversion: file through OSG for the state.
No case for and behalf of the government except
by OSG.
OTHER GOVERNMENT OFFICES- old corporations
NAPOCOR, PAGCOR,
Reversion in Case: OSG decided to appeal, DENR
denied.
--- DECISION OF DENR WILL PREVAIL BECAUSE
THEY ARE THE EXPERT ON THE MATTER, IT IS
WITHIN THEIR JURISDICTION. MOST ESPECIALLY
IF THERE IS NO IRREGULARITY.
What if there is a conflict between the opinion of
the lawyer and client? Client must prevail
however, it is the duty of the lawyer to explain the
consequences of the decision.
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A.Y. 2018-2019
Principle of intergenerational justice- prevent the
impairment of Philippine rainforests.
Timber license is an instrument by which the state
regulates the utilization and disposition of
reainforest resources to the end that public
welfare is promoted. It is not a contract but a mere
privielege given by the government.
Reforestation
Forest protection
March 8, 2019
CHAPTER IV
Is FILA exclusive to DENR or do President has
jurisdiction
 Foreigner have the right to enter our
natural resource
Don’t you find it unconstitutional? No,
because the state has still full control.
Foreigner can only explore not exploit or
extract.
What is a mining claim? P136.
Are those mining claims subject to
regulation> yes. What is violated?
When can we say that the area is abandoned.
XPN’S OR EXCUSES.
- The intent to abandon is present.
What if the parcel of land is private and later
on the owner find out there is a mineral, can
exploit?. No.
A farm land producing strawberries find a
golden Buddha
- Who owns the Golden Buddha?
- What if there are also gold bars?
------ founder is the owner because it is
not a natural resource of that farm land.
- Do you need to report to the police?
- Must you share with the government?---
yes through tax.
What can be considered a violation under
Mining Act? Exploited beyond the stated area
 Must they report to the government about
their progress?

In a contract there are parties. Can either

cancel? NO. it would be unilateral, because
there are rights and obligation will be
impaired?

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A.Y. 2018-2019