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Secretary of DENR vs Yap
Natural Resources and Environmental Laws: Regalian Doctrine Labels

Constitutional Law (4)

GR No. 167707; Oct 8, 2008 Intergenerational Responsibility (1)

Natural Resources
FACTS:
and Environmental
This petition is for a review on certiorari of the decision of the Court of Laws (7) Regalian
Appeals (CA) affirming that of the Regional Trial Court (RTC) in Kalibo Doctrine (3) Statutory Construction
(1)
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. Blog Archive
On Nov. 10, 1978, President Marcos issued Proclamation No. 1801 declaring
► 2016 (3)
►
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 ▼ 2015 (9)
▼

imperfect title or survey of land for titling purposes, respondents-claimants ▼ June (8)
▼
filed a petition for declaratory relief with the RTC in Kalibo, Aklan. Obergefell vs Hodges
The Republic, through the Office of the Solicitor General (OSG) opposed the La Bugal-B’laan Tribal
petition countering that Boracay Island was an unclassified land of the Association, Inc. Vs
Ramos
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 Republic vs Naguiat
PD No. 705 or the Revised Forestry Code. Cruz vs Secretary of
DENR
ISSUE: Laguna Lake
 Whether unclassified lands of the public domain are automatically deemed Development Authority
vs CA
agricultural land, therefore making these lands alienable.
Tano vs Socrates
HELD: Oposa vs Factoran
No. To prove that the land subject of an application for registration is
Secretary of DENR vs Yap
alienable, the applicant must establish the existence of a positive act of the
government such as a presidential proclamation or an executive order, an ► May (1)
►
administrative action, investigative reports of the Bureau of Lands
investigators, and a legislative act or statute.
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A positive act declaring land as alienable and disposable is required. In
keeping with the presumption of state ownership, the Court has time and
Oposa vs Factoran
again emphasized that there must be a positive act of the government, such Natural and Environmental
as an official proclamation, declassifying inalienable public land into Laws; Constitutional Law:
disposable land for agricultural or other purposes. Intergenerational
Responsibility GR No.
The Regalian Doctrine dictates that all lands of the public domain belong to
101083; July 30 1993
the State, that the State is the source of any asserted right to ownership of FACTS: A taxpayer’...
land and charged with the conservation of such patrimony.
Cruz vs Secretary of DENR
All lands not otherwise appearing to be clearly within private ownership are Natural Resources and
Environmental Law;
presumed to belong to the State. Thus, all lands that have not been acquired Constitutional Law; IPRA;
from the government, either by purchase or by grant, belong to the State as Regalian Doctrine GR. No.
part of the inalienable public domain.   135385, Dec. 6, 2000 FACTS
: Petitio...

at 6:43 AM La Bugal-B’laan Tribal

Association, Inc. Vs Ramos
Labels: case digest, GR No. 167707, Natural Resources and Environmental Laws, Regalian Natural Resources and
Doctrine, Secretary of DENR vs Yap Environmental Laws G.R.
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No comments: No. 127882;  January 27,
2004 FACTS : This petition
for prohibition and
Post a Comment mandamus chal...

Laguna Lake Development

Authority vs CA
Enter your comment... Natural Resources and
Environmental Laws;
Statutory Construction GR
No. 120865-71; Dec. 7 1995
FACTS : The Laguna Lake
Comment as: roigatoc1997@ Sign out Developmen...

Rubi vs Provincial Board of

Publish Preview Notify me Mindoro
Constitutional Law : Article
VI, Sec. 1(Legislative Power;
Newer Post Home Older Post Non-Delegation) G.R. No. L-
14078;  March 7, 1919;  39
Subscribe to: Post Comments (Atom) Phil 660 FACTS :...

Secretary of DENR vs Yap

Natural Resources and
Environmental Laws:
Regalian Doctrine GR No.
167707; Oct 8, 2008 FACTS:
This petition is for a review
on ...

Tano vs Socrates
Natural and Environmental
Laws; Constitutional Law;
Regalian Doctrine GR No.
110249; August 21, 1997
FACTS : On Dec 15, 1992,
the...

Republic vs Naguiat
Natural Resources and
Environmental Laws G.R.
No. 134209; January 24,
2006 FACTS : Celestina
Naguiat filed an application
for reg...

Obergefell vs Hodges
The landmark case of
Obergefell vs Hodges upheld
the rights of same-sex
couples to marry. The US
Supreme Court held that the
Fourteenth Ame...

2016 BAR Exam Questions -

Political Law
The first Sunday of
November is done with
hence the 2016 Bar Exam
questions on Political Law is
now available. I published
the questions in ...

What's with this blog?

I got tired of reading crappy

case digests online so I figured
why not make my own? It's my
own way of helping out fellow
law students and in the long run
maybe I will gather a lot of good
karma and pass the Bar exams.
*crosses fingers*
Hopefully you'll find these
digests helpful, satisfactory, and
not...crappy.