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COURSE OUTLINE - PART 1

LAND CLASSIFICATION
I. Regalian Doctrine
Cases:
1. Johnson v. MIntosh 21 U.S. (8 Wheat.) 543 (1823)
2. Mateo Cario vs Insular Government (G.R. No. 2869, March 25,
1907)
3. Mateo Cario v. Insular Government of the Philippines, 212 U.S.
449 (1909)
4. Cruz vs. DENR Secretary,

II. Land Classification


A. Definition
Land classification pertains to classification of lands of the public domain as a
natural resources. There are four classes of lands under the present system.
Agricultural, Forest, Mineral and National Parks. Land classification is important
in land titles and registration because private ownership is allowed only in
agricultural lands and not in the other types.

B. Background
Under the Public Land Act - The present system of classification of lands was
introduced in 1919 through Act No. 2874 or the Second Public Land Act. This
classification of lands was carried over to our present Public Land Act
(Commonwealth Act No. 141) after Act No. 2874 was re-enacted, with some
modification, under the Commonwealth Government.
At present, the same is still retained under the same section and heading on
classification, delimitation and survey of lands with the President through the
Secretary of the Natural Resources Department classifying lands of the public
domain for purposes of disposition.

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1. Under Spain
2. Prior to 1919
3. Under 1987 Constitution Article XII, Sections 2 and 3
4. Under the previous constitutions

C. Present System of Land Classification


1. Present Classes
a) Agricultural (CA No. 141) - Alienable and Disposable
b) Forest or Timber (PD No. 705)
c) Mineral (RA No. 7932)
d) National Park (RA No. 7586)
2. Institutional Arrangement
Section 4(a) of CARP (RA No. 6657) - The power of the executive department to
transfer lands from one class to the other under has been removed by Congress.
The power to re-classify lands from agricultural to some other class now is with
the legislative branch providing that no reclassification of forest or mineral lands
to agricultural lands shall be undertaken after until Congress, taking into account
ecological, developmental and equity considerations, shall have determined by
law, the specific limits of the public domain. DENR limited now to the
classification of public forest.
a) Executive Department
(1) DENR Secretary (CA No. 141, PD No. 1529 and EO No. 192)
Classification of land is an executive function
The determination of what is considered agricultural lands and forest lands
are made by the natural resources department of the executive branch, in
particular, its forestry arm, i.e. Bureau of Forestry, Forest Management
Bureau.
(2) NAMRIA (EO No. 192)
The National Mapping and Resources Information Administration
(NAMRIA), attached to DENR, is the primary government agency involved
in actual land classification activities that involves demarcating,
segregating, delimiting, and establishing the best category, kind, and use
of a public land. Its objective is to determine, through inter-bureau action,
which portion of the public domain is suitable as a forestland and which
could be released as agricultural (A and D) land. Lands which are found
suitable for agricultural purposes and declared as such are then slated for
distribution to qualified beneficiaries under public land laws.

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b) Legislative Department
(1) Under RA No. 6657 (Comprehensive Agrarian Reform Law)
(2) Final forest line under Article XII of the Constitution
DOJ Opinion
5. DOJ Opinion No. 023, Series of 1995 March 17, 1995

D. Definition of Agricultural, Forest, Mineral and National Parks


1. Agricultural Lands
a) Early rulings
Suitability for agricultural use of the land is the criteria
Court can make a determination of what lands are considered as
agricultural in character
b) Present Ruling
Description of the Legal Nature and not the Natural State of the Land

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c) Sub-Classification of Agricultural Lands


(1) Section 9 of the Public Land Act (CA No. 141)
Cases: Old Rulings
6. Jones vs. Insular Government (6 Phil.122)
7. Mapa vs. Insular Government (10 Phil.,1753, 1908)
8. Government of the Philippine Islands vs. Abella (49 Phil. 49)
9. Cornelio Ramos vs. Director of Lands, G.R. No. 13298 November
19, 1918
10. Ankron vs. Government of the Philippine Islands (G.R. No. 14213.
August 23, 1919)
Cases: New Rulings
11. Director of Forestry vs. Villareal (G.R. No. L-32266 February 27,
1989)
12. DENR vs Yap (G.R. No. 167707, October 08, 2008)
Cases: Sub Classification
13. de Aldecoa vs Insular Government (G.R. No. 3894. March 12,
1909)
14. Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630.
November 15, 1947)
2. Forest Land
a) Definition of Forest Land
b) Concept of Forest Zone/Reserves and Public Forest
(1) Royal Decree of February 13, 1894
(2) Forest Act
(3) Public Forest - difference between the Forest Act and PD No. 750
c) Criteria in the PD No. (Revised Forestry Code) Section 15
3. Mineral Lands
a) Definition of Minerals
Minerals, for legal purposes, refers to all naturally occurring inorganic
substance in solid, gas, liquid or any intermediate state excluding energy
materials such as coal, petroleum, natural gas, radioactive materials and
geothermal energy.

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b) Definition of Mineral Lands under the old Mining Act (CA No. 137)
Those lands in which minerals exist in sufficient quantity or quality to justify the
necessary expenditures to be incurred in extracting and utilizing such minerals
c) Definition of Mineral Lands under the Philippine Mining Act of 1995 (RA
No. 7932)
Any area where mineral resources are found
d) In relation to land titles
A certificate of title is considered void when it covers property of public domain
classified as mineral lands because possession of mineral lands, no matter
how long does not confer possessory rights.
Cases:
15. Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666,
April 20, 1929)
16. Republic vs. Court of Appeals and dela Rosa (GR No. L-43938,
April 15, 1988)
4. National Parks
a) Definition
Forest reservation essentially of natural wilderness character which has been
withdrawn from settlement, occupancy or any form of exploitation except in
conformity with approved management plan and set aside as such exclusively
to conserve the area or preserve the scenery, the natural and historic objects,
wild animals and plants therein and to provide enjoyment of these features in
such areas.
It is a relatively large area not materially altered by human
activity where extractive resource uses are not allowed and maintained to
protect outstanding natural and scenic areas of national or international
significance for scientific, educational and recreational use. (Section 4 par. (a)
of RA No. 7586)
b) New Class It was introduced only in the 1987 Constitution as a distinct and separate
class of lands. National parks as a classification is implemented under
Republic Act No. 7586 or the NIPAS law (An Act Providing for the
Establishment and Management of National Integrated Protected Areas
System, Defining its Scope and Coverage for other Purposes)

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Cases:
17. Mateo Cario vs. Insular Government (212 US 449)
18. Cruz vs. DENR Secretary (G.R. No. 135385. December 6, 2000)
19. Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666,
April 20, 1929)
20. Republic vs. Peralta, et al., En Banc (G.R. No. 150327, June 18,
2003) - survey error
21. Sta. Monica Industrial and Development Corporation vs. Court of
Appeals (189 SCRA 792) - lands declared by the court as private
lands prior to land classification
22. Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No.
127245.January 30, 2001) - lands declared by the court as private
lands prior to land classification
23. Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) lands declared by the court as private lands
24. Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No.
127245.January 30, 2001) - evidence, loss of records, land
classification
25. Republic vs. T.A.N. Properties, Inc. (G.R. No. 154953, June 26,
2008) - sufficiency of evidence
26. Victoria v. Republic (G.R. No. 179673, June 8, 2011)
27. Llanes v. Republic (G.R. No. 177947, November 27, 2008)
28. Republic vs. Javier (G.R. No. 179905. August 19, 2009)
29. Republic vs. Imperial Credit Corporation (G.R. No. 173088, June
25, 2008)
30. Republic v. Humbilla (G.R. No. 157683, February 11, 2005)

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