CRUZ vs.

SEC OF ENVIRONMENT Treaty of Paris: First Public Land Act (Act

FACTS: No. 926)
 Cruz and Europe assailed the  Valenton v. Murciano: From 1869-1892,
constitutionality of certain provisions of RA there was no law in force in these Islands
8371 (Indigenous Peoples Rights Act of by which the plaintiffs could obtain the
1997) ownership of these lands by prescription,
 Solicitor General: IPRA is partly without any action by the State. Murciano
unconstitutional on the ground that it grants was deemed to be the owner of the land by
ownership over natural resources to virtue of the grant by the provincial
indigenous peoples. secretary.
 Petitioners assail the constitutionality on the  Governed the disposition of lands of the
ground that they amount to unlawful public domain.
deprivation of the State’s ownership over  Prescribed rules and regulations for the
lands of the public domain as well as homesteading, selling and leasing of
minerals and other natural resources portions of the public domain and
therein, in violation of the Regalian prescribed the terms and conditions to
Doctrine Embodied in Section 2, Article enable persons to perfect their titles to
12 of the Constitution. public lands.
 By providing for an all-encompassing  It provided for the completion of imperfect
definition of “ancestral domains” and titles and for the cancellation or
“ancestral lands” which might even include confirmation of Spanish concessions and
private lands, violate the rights of private grants in the Islands.
landowners  It operated on the assumption that title to
 The case was dismissed as the votes were public lands in the Philippine Islands
equally divided and the necessary majority remained in the government.
was not obtained.  Public land: all lands of the public domain
whose title still remained in the government
DISCUSSION: and are thrown open to private
Regalian Doctrine/Jura Regalia appropriation and settlement.
 A Western legal concept that was first
introduced by the Spaniards through the Act No. 2874: Second Public Land Act
Laws of the Indies and the Royal Cedulas.  More comprehensive in scope but limited
 All lands became the exclusive patrimony the exploitation of agricultural lands to
and dominion of the Spanish Crown. The Filipinos and Americans and citizens of
Government took charge of distributing the other countries, which gave Filipinos the
lands by issuing royal grants and same privileges.
concessions to Spaniards, both military and
civilian. Commonwealth Act No. 141
 Private land titles could only be acquired  Amended the Second Public Land Act and
from the government either by purchase of remains the present Public Land law.
by the various modes of land grant from the  Essentially the same as 2874 but differs in
Crown. the transitory provisions on the rights of
American citizens and corporations at par
Mortgage Law of 1893 (Ley Hipotecaria) with Filipino citizens and corporations.
 Provided for the systematic registration of
titles and deeds as well as possessory Act No. 496: Land Registration Law of 1903
claims.  Placed all public and private lands in the
Philippines under the Torrens system.
 Almost a verbatim copy of Massachusetts
Land Registration Act of 1898.
 Torrens System: requires that the
government issue and official Certificate of
Title attesting to the fact that the person
named is the owner of the property, subject
to such liens and encumbrances. The
certificate of title is indefeasible and
imprescriptible and all claims to the parcel
of land are quired upon issuance of
certificate.
SECRETARY OF THE DEPARTMENT OF their respective lots in Boracay since time
ENVIRONMENT VS. YAP immemorial and have invested billions of
FACTS: pesos in developing their lands.
 DENR approved the National Reservation  No need for a proclamation reclassifying
Survey of Boracay Island, which identified Boracay into agricultural land. Their
several lots as being occupied or claimed possession in the concept of owner for the
by named persons. required period entitled them to judicial
 Marcos issued Proclamation No. 1801, confirmation of imperfect title.
declaring Boracay as tourist zones and
marine reserves under the administration of OSG:
the Philippine Tourism Authority.  Claimants do not have a vested right over
their occupied portions in the island.
RESPONDENTS-CLAIMANTS:  Boracay is an unclassified public forest
 The proclamations precluded them from land.
filing and application for judicial  The claimed portions of the island are
confirmation of imperfect title or survey of inalienable and cannot be the subject of
land for titling purposes. judicial confirmation of imperfect title.
 They declared that they themselves, or
thorugh their predecessors-in-interest, had DISCUSSION ON REGALIAN DOCTRINE:
been in open, continuous, exclusive and  Dictates that all lands of the public domain
notorious possession and occupation in belong to the State, that the State is the
Boracay since 1945. source of any asserted right to ownership
 The proclamation did not place Boracay  All lands not otherwise appearing to be
beyond the commerce of man. Being clearly within private ownership are
classified as a tourist zone, it was presumed to belong to the State.
susceptible of private ownership.  All lands that have not been acquired from
 Under CA 141 or Public Land Act, they the government belong to the State as part
hand the right to have the lots registered in of the inalienable public domain.
their names through judicial confirmation of
imperfect titles. Laws of the Indies and the Royal
Cedulas
REPUBLIC THROUGH OSG:  All lands that were not acquired from the
 Boracay Island was an unclassified land of Government (purchase/grant) belong to
the public domain. It formed part of the
the public domain
mass of lands classified as “public forest”,
which was not available for disposition.  Paved the way for the introduction of the
 Since Boracay had not been classified as Regalian Doctrine in the Philippines
alienable and disposable, whatever
possession they had cannot ripen into Ley Hipotecaria or Mortgage Law of
ownership. 1893 
 Provided for the systematic registration
SUBSEQUENT FACTS: and deeds as well as possessory claims
 GMA issued Proclamation No. 1064,
classifying Boracay Island into 4oo hectares Royal Decree of 1894 or the Maura Law 
of reserved forest land and 628 hectares of  Amended the Spanish Mortgage Law &
agricultural land (alienable and disposable)
the Laws of the Indies. 
PETITIONERS-CLAIMANTS:  Established posessory informations as
 The proclamation infringed on their “prior the method of legalising possession of
vested rights” over portions of Boracay. Vacant Crown Land
They had been in continued possession of  Section 393: a possessory information
 title, when duly inscribed in the Registry other countries which gave Filipinos the
of Property, is converted into a title of same privileges.
ownership only after the lapse of (20)
years of uninterrupted possession which CA No. 141 (December 1, 1936)
must be actual, public and adverse  Amended Act No. 2874.
 Remains as the existing general law
PRIVATE OWNERSHIP OF LAND UNDER governing the classification and
THE SPANISH REGIME COULD ONLY disposition of lands of the public domain
BE FOUNDED ON ROYAL other than timber and mineral lands and
CONCESSIONS: privately owned lands which reverted to
1. Titulo real or royal grant the State. 
2. Concesion especial or special grant
3. Composición con el estado or PD 892 (February 16, 1976) 
adjustment title  Discontinued the use of Spanish titles as
4. Titulo de compra or title by purchase evidence in land registration
5. Información posesoria or possessory proceedings. 
information title 
PD 1529 (June 11, 1978) 
PH BILL OF 1902  Amended and updated Act No. 496.
 Classified lands into agricultural, mineral Codified the various laws relative to
and timber/forest lands. Disposed registration of property. It governs
mineral lands by means of absolute Registration of lands under the Torrens
grant and lease. system as well as unregistered lands. 

LAND REGISTRATION ACT (Act 496) RULING:

(February 1, 1903)  There must be a positive act of the
 Established a system of registration by government, such as an official
which recorded title becomes absolute, proclamation, declassifying inalienable
indefeasible and imprescriptible: public land into disposable land for
Torrens System agricultural or other purposes.
 The person applying for registration or
claiming ownership must prove that the land
First Public Land Act (Act 926) (October
subject of the application is alienable or
7, 1903) disposable.
 Introduced the homestead system and  The applicant may also secure a
made provisions for judicial and certification from the government that the
administrative confirmation of imperfect land claimed to have been possessed for
titles and for the sale/lease of public the required number of yeas is alienable
lands. Permitted corporations regardless and disposable.
of the nationality of persons to lease or  ITCAB, no such proclamation was
purchase lands presented to Court.

Second Public Land Act (Act No. 2874)

(November 29, 1919)
 Limited the exploitation of agricultural REPUBLIC V. CA (CARAG)
lands to Filipinos and Americans and FACTS:
citizens of other countries, which gave * Trial Court issued a decree in favor of
Filipinos and Americans, and citizens of spouses Carag, predecessors-in-interest of
private respondents Heirs of Antonio Carag
and Victoria Turingan covering a parcel of land.