Classification of

Lands in the Philippines

SEMINAR ON ANTI-FAKE
TITLE
DENR Legal Service
SEORABEOL GRAND LEISURE HOTEL
Subic Bay, October 9-11, 2017
Ismael T
Manaligod
DENR REGION 02
LEGAL DIVISION
 Outline of Presentation

Regalian Doctrine 01

Basis
History Classification 02
Cases:
Cruz
Valenton Constitution Survey of Jurisprudence 03
Carino Public Land Act
Civil Code
Power to Classify Forest Lands
Watersheds RPT in FL 04
Requirements
Burden of Proof Mangrove
Mineral Lands
National Parks
Military Reservations PD 853
Foreshore PD 705
RA 7160
Recommendation
 the State is
the source of
any asserted
right to
ownership
involving to
land, and is
charged with
the
conservation Introduced in the Cruz v. SENR, 12- Carino v. Insular
country by Spain 6-2000, Government (1909),
of such
patrimony Concept of Native
Malabanan vs. Valenton v.
Title
Republic / 9.3.13 Murciano (1904)
A certain title held
(1) as far back as
Court upheld
testimony or
Regalian Doctrine
memory went, and
over adverse
(2) under a claim of
possession of
private ownership.
plaintiff
REGALIAN Land held by this
title is presumed to
DOCTRINE "never have been
public land.
 Classification of Land
1935 Constitution

Article XII Agricultural Timber Mineral

Section 1

• Individual acquisition of lands by purchase

144 hectares
• Homestead
24 hectares
 Classification of Land
1973 Constitution
Article XIV Section 10

industrial
agricultural or residential resettlement
commercial

timber as may be
grazing
mineral or provided
land
forest by law
 Classification of Land
1987 Constitution
Article XII Section 3

01 02 03 04

FOREST MINERAL NATURAL AGRICULTURAL

OR TIMBER PARKS
 CLASSIFICATION OF LANDS UNDER CA 141

ALIENABLE
OR DISPOSABLE TIMBER MINERAL

A&D Lands may be further classified into

(a) Agricultural
(b) Residential commercial industrial or for similar productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses.

Classification is an executive privilege exercised by the President upon

recommendation of the SENR

The positive act may be a law, proclamation, executive order or land

classification approved by the SENR
 Some Notes
01 02 03 04
SEC. 13 PD 705 SEC. 65 SEC. 20 SEC. 3A PD 705
SEC. 3A PUBLIC FOREST
RA 6657 RA 6657 RA 7160

Reclassification Conversion of LGU thru an is the mass of

from Forestland lands when use ordinance lands of the
to A&D lodged is no longer reclassify public domain
with DENR economically agricultural which has not
Secretary feasible for lands into been the
agricultural commercial, subject of the
Witheld by RA purpose residential, present system
6657 until law industrial of classification
on FLBD will be (upon DAR for the
passed approval) determination
of which lands
are needed for
forest purposes
and which are
not.
 PROPERTY OF PUBLIC DOMINION UNDER
01
Those intended for public
use, such as roads, canals,
rivers, torrents, ports and
bridges constructed by the
State, banks, shores,
roadsteads, and others of
similar character
PUBLIC USE
ARTICLE 420 CIVIL CODE
02
Those which belong to the
State, without being for
public use, and are
intended for some public
service or for the
development of the
national wealth
PUBLIC SERVICE…
 Requirements to Establish
Classification

• Republic v. Fabio, GR No.

CERTIFICA- CERTIFIED 159589, Dec. 23, 2008
TION FROM COPY OF LC
DENR SEC MAP • DAO 2012-09

• Original of LC Map is with

NAMRIA and for the most part
CENROs have copies only of LC
Maps. Can we issue certified
01 02 copy of a certified or
photocopy (probative value)?
 Burden of Proof

• The applicant must show sufficient proof that the

land is A&D

• SENR V. YAP (October 8, 2008

• Matters of classification cannot be presumed

• Under PD 705, prior existing rights shall be

respected since the declaration that all
unclassified lands are public forests cannot
prejudice vested rights prior to its effectivity
 Courts have no power to declare
that the land is agricultural

• Prior to Act 2874 (1919), courts have the power

to determine if land is agricultural

• Under Spanish regime, crown lands are per se

alienable

• RP vs. Carag (August 6, 2008)

• Cases where court declared the land as

agricultural in the absence of proof shown by the
government:
• Ramos vs Dir. of Lands (1918)
• Ankron vs. Govt of Philippines (1919)
 Survey of Jurisprudence
FOREST LAND

Alvarez vs. PICOP Hrs. of Amunategui v Gordula vs CA,

December 3, 2009 November 29, 1983 January 22, 1998

Forest lands or
Timber Licenses, forest reserves are
permits and license incapable of
agreements are not Classification of private
deemed contracts Land is descriptive appropriation, and
within the purview of its legal nature possession thereof,
of the due process and not what it however long,
of law clause actually looks like cannot convert
them into private
properties.
 Survey of Jurisprudence
FOREST LAND

Republic vs. AFPRSBS Republic vs Animas, Cases where RP lost for

January 16, 2013 March 29, 1974 failure to prove status

Titles issued to
private parties SAAD Agro
when the land Industries Inc. v.
Any title issued on
inalienable public covered thereby is Republuc
land is void even in not disposable September 27,
the hands of an public land but 2006
innocent purchaser forest land are
for value void ab initio
Republic v.
Valentin, Espinosa
April 5, 2017
 Survey of Jurisprudence
WATERSHED MANGROVE SWAMPS MINERAL LAND

La Bugal vs. Ramos

Sta. Rosa Realty December 1, 2004
Development
Corporation v. Court Minerals are owned by
of Appeals, GR No. Yngson vs. SANR
the (difference between
112526, Oct. 12, 2001 July 20, 1983 concession under
American and Spanish
NATIONAL PARKS FORESHORE Laws
MILITARY RESVTN LANDS
Atok Big Wedge vs. CA
Palomo vs. CA (January 8, 1991)
January 21, 1997
Chavez v. Public
Location and perfection
Republic vs. Estates Authority, of a mining claim before
Southside [GR No. 133250, 1935 Constitution
Homeowners July 9, 2002 segregated the area form
September 22, 2006 the public domain
 Real Property
Taxation covering
Forestlands

RA PD PD
7160 705 853
 Tax Declaration on Real Property

Imprisonment for a period of not less than two (2) nor

more than four (4) years and perpetual
disqualification from holding an elective or appointive
office, shall be imposed upon any public officer or
employee who shall issue a tax declaration on
real property without a certification from the
Director of Forest Development and the
Director of Lands or their duly designated
representatives that the area declared for taxation is
alienable and disposable lands, unless the
PD property is titled or has been occupied and possessed by
705 members of the national cultural minorities prior to July
4, 1955.
 SECTION 234
Exemptions from Real Property Tax

The following are exempted from payment

of the real property tax:

(a) Real property owned by the Republic of

the Philippines or any of its political
subdivisions except when the beneficial
use thereof has been granted, for
consideration or otherwise, to a taxable
RA person;
7160 xxx
 • All timber and forest lands shall be segregated
from the class agricultural land and be classified as
timber and forest lands for purposes of real
property taxation

• All timber and forest lands owned by the Republic

of the Philippines or any of its political subdivision,
the beneficial use of which has been granted to a
taxable person, shall be declared for taxation
purposes and listed in the assessment rolls in the
name of the concessionaire or licensee

• All timber and forest lands that are privately owned

shall be declared and listed in the name of the
private owner

PD
853
 • Section 84 of PD 705 provides for the liability
of a public official who shall cause the
declaration of a real property (unregistered,
unpatented) without a certification from the
DENR that the land is A&D

• PD 853 in relation to PD 464 provides for the

taxation treatment of forest lands. Beneficial
users are the ones taxed.

• Under Section 234 of RA 7160, the declaration

ANALYSIS shall be in the name of RP (which is exempt)
c/o Beneficial User who shall bear the tax
Forestlands burden.
may be
legally • Reports show that tax declarations are not
subjected to made on the land (which happens to be
RPT under classified as timberland) but in the only in the
PD 853 improvements
 • CENRO should coordinate closely with
LGUs in its AOR regarding the
requirement of a certification of A&D
status before assessors issue tax
declarations on unregistered lands
within the municipality

• If there is a prevalence of declaration in

a given area involving clearly forestland,
the remedy under Section 84 may be
RECOM
pursued (Test Case)
MENDA
TION
Thank you

ISMAEL T. MANALIGOD
denr region 02
legal division ismael_manaligod@yahoo.com

regional government center

Tuguegarao city cagayan

0917.8096126