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Registration does not give the registrant a better right than what the
registrant had prior to the registration.
The registration of lands of the public domain under the Torrens
system, by itself, cannot convert public lands into private lands.
Several laws authorize lands of the public domain to be registered
under the Torrens System without losing their character as public
lands.
Such registration, however, is expressly subject to the condition in CA
No. 141 that the land "shall not be alienated, encumbered or
otherwise disposed of in a manner affecting its title, except when
authorized by Congress."
The need for legislative authority prevents the registered land of the
public domain from becoming private land that can be disposed of to
qualified private parties.
Whether the Amended JVA is a sale or a joint venture, the fact
remains that the Amended JVA requires PEA to "cause the issuance
and delivery of the certificates of title conveying AMARI's Land Share
in the name of AMARI.
This stipulation still contravenes Section 3, Article XII of the 1987
Constitution which provides that private corporations "shall not hold
such alienable lands of the public domain except by lease.
The Court must perform its duty to defend and uphold the
Constitution, and therefore declares the Amended JVA null and void
ab initio.
Seventh issue: whether the Court is the proper forum to raise the
issue of whether the Amended JVA is grossly disadvantageous to the
government.
Considering that the Amended JVA is null and void ab initio, there is
no necessity to rule on this last issue. Besides, the Court is not a trier
of facts, and this last issue involves a determination of factual matters