THE SEC. OF THE DENR, THE REGIONAL EXEC. DIR.

DENR-REGION VI, REGIONAL TECHNICAL

DIR. FOR LANDS, LANDS MANAGEMENT BUREAU, REGION VI PROVINCIAL ENVIRONMENT AND
NATURAL RESOURCES OFFICER OF KALIBO, AKLAN, REGISTER OF DEEDS, DIR. OF LAND
REGISTRATION AUTHORITY, DOT SECRETARY, DIR. OF PTA
vs. MAYOR JOSE S. YAP, LIBERTAD TALAPIAN, MILA Y. SUMNDAD, & ANICETO YAP
G.R. No. 167707
October 8, 2008

FACTS:

Pres. 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.

LAW/S:

PD NO. 705 (REVISED FORESTRY CODE)

o

SEC. 3(a)
Public forest is the mass of lands of the public domain which has not been the subject of the
present system of classification for the determination of which lands are needed for forest
purposes and which are not

ART. 12, SEC. 2 of the 1987 CONSTITUTION

All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces
of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources
are owned by the State. With the exception of agricultural lands, all other natural resources shall not
be alienated. The exploration, development, and utilization of natural resources shall be under the
full control and supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or product-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by such citizens.
Such agreements may be for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may be provided by law. In cases of water
rights for irrigation, water supply, fisheries, or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the grant.

ISSUE/S:

Whether Proclamation No. 1801 and PTA Circular No. 3-82 pose any legal obstacle for
respondents, and all those similarly situated, to acquire title to their occupied lands in
Boracay Island
RULING:

NO, IT IS IMMATERIAL
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
1801 did not convert the whole of Boracay into an agricultural land. There is nothing
in the law or the Circular which made Boracay Island an agricultural landcannot be
deemed the positive act needed to classify Boracay Island as alienable and
disposable land
The proclamation is aimed at administering the islands for tourism and ecological
purposes. It does not address the areas alienability
NOTE:

REGALIAN DOCTRINE
Anchored on Art. 7 Sec. 2 of Constitution
All lands of the public domain belong to the State
All lands not appearing to be clearly within private ownership are presumed to belong to the
State"