Name:CELESPARA, JOEY D.

LTD Quiz # 1

Instructions: Please define the terms below, cite your source, explain IN YOUR OWN
WORDS, and give at least one SC ruling that discussed it. Please email your answers to
attyeab@gmai8l.com on or before 7:00 o’clock pm on October 5, 2022. Thanks.

example:

Definition of Term: Ministerial Duty means the discharge of the same requires
Ministerial Duty neither exercise of official discretion nor judgement.
Source Agpalo, page 15, “Administrative Law, Public Officers and
Election Law, 2005 ed.”
Explanation The public officer is only required to implement it in a
prescribed manner.
SC Jurisprudence A purely ministerial act or duty, in contradistinction to a
discretional act, is one which an officer or tribunal performs
in a given state of facts, in a prescribed manner, in
obedience to the mandate of legal authority, without regard
to or the exercise of his own judgment, upon the propriety
or impropriety of the act done. If the law imposes a duty
upon a public officer, and gives him the right to decide how
or when the duty shall be performed, such duty is
discretionary and not ministerial.
(Symaco vs. Aquino, G.R. No. L-14535, January 30, 1960).

Define the following terms:

1. Regalian Doctrine
2. Eminent Domain
3. Foreshore lands
4. Reclaimed Lands
5. Patrimonial Property
6. Private land

Cases:

1. What was the ruling of the SC in the case of Association of Small Land
Owners vs. Sec. of Agrarian Reform, G.R. No. 78742, July 14, 1989
2. What was the ruling of the SC in the case of MIAA vs. CA, G.R. No. 155650,
July 20, 2006
3. When can a foreigner acquire land in the Philippines? Cite basis for your
answer.
4. When is a public land considered as alienable and disposable?
 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
Definition of Term: co-production, joint venture, or production-sharing
Regalian Doctrine 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
Source Article XII, Section 2 of the 1987 Constitution
Explanation All lands of the public domain belongs to the state.
Under the Regalian Doctrine, all lands not otherwise
appearing to be clearly within private ownership are
presumed to belong to the State. The Spaniards first
introduced the doctrine to the Philippines through the Laws
of the Indies and the Royal Cedulas, specifically, Law 14,
Title 12, Book 4 of the Novisima Recopilacion de Leyes de
SC Jurisprudence las Indias which laid the foundation that all lands that were
not acquired from the Government, either by purchase or by
grant, belong to the public domain. Upon the Spanish
conquest of the Philippines, ownership of all lands, territories
and possessions in the Philippines passed to the Spanish
Crown.
(Collado vs. Court of Appeals, G.R. No. 107764, October
04, 2002).

Definition of Term: Private property shall not be taken for public use without just
Eminent Domain compensation.may be the measure and limit of the grant

Source Article III, Section 9 of the 1987 Constitution

Explanation Power of the state to forcibly acquire private property for
public use with just compensation.
Eminent domain is the inherent power of a sovereign state
to appropriate private property to particular uses to promote
public welfare. No one questions NIA's authority to exercise
the delegated power of eminent domain. However, the
power of eminent domain is not limitless. NIA cannot
SC Jurisprudence exercise the power with wanton disregard for property rights.
One basic limitation on the State's power of eminent domain
is the constitutional directive that, "[p]rivate property shall
not be taken for public use without just compensation.
(The Republic of the Philippines represented by The
National Irrigation Administration vs. The Honorable
 Court of Appeals and Francisco Diaz, in his Capacity as
Administrator of the Intestate estate of the late Manuel
Diaz, G.R. No. 147245, March 31, 2005).

Definition of Term: The part of the shore which is alternately covered and
Foreshore Lands uncovered by the ebb and flow of the tide.

Source DENR Administrative Order No. 2004-24, Section 2(a)

Explanation Form of land between high and low water, depending on the
tides flow.
lies between the high and the low water marks, and that is
alternately wet and dry according to the flow of the tide. In
SC Jurisprudence other words, it is that strip of land between high and low
water, the land left dry by the flux and reflux of the tides
(Republic vs. Lensico, G.R. No. 158919, August 09,
2005).

Any and all lands reclaimed, as herein provided, shall be the

Definition of Term: property of the respective municipalities or chartered cities:
Reclaimed Lands Provided, however, That the new foreshore along the
reclaimed areas shall continue to be the property of the
National Government.  

Source Republic Act 1899, Section 2

Explanation Reclaimed lands shall be the property of the provinces,

municipalities or chartered cities
Reclaimed lands are lands of the public domain. However,
by statutory authority, the rights of ownership and disposition
over reclaimed lands have been transferred to PEA, by
SC Jurisprudence virtue of which PEA, as owner, may validly convey the same
to any qualified person without violating the Constitution or
any statute.
(Chavez v. Public Estates Authority, G.R. No. 133250,
Jul. 9, 2002, 384 SCRA 152.).

Definition of Term: Property of public dominion, when no longer intended for

Patrimonial Property public use or for public service, shall form part of the
patrimonial property of the State

Source Article 422 of the Civil Code of the Philippines

Explanation Patrimonial property is asset owned by the State in its

private capacity and not devoted to public use, or the
development of the national wealth.
Patrimonial property is private property of the government.
The person [who] acquires ownership of patrimonial property
SC Jurisprudence by prescription under the Civil Code is entitled to secure
registration thereof under Section 14(2) of the Property
Registration Decree
(Canlas v. Republic of the Philippines, G.R. No. 200894,
 November 10, 2014)

Property of private ownership, besides the patrimonial

Definition of Term: property of the State, provinces, cities, and municipalities,
Private Lands consists of all property belonging to private persons, either
individually or collectively.

Source Article 425 of the Civil Code of the Philippines

Private land belonging to any private person or group of

Explanation person or juridical entity.
Lands that fall under Section 48 of CA 141 are effectively
segregated from the public domain by virtue of acquisitive
prescription. We have held that open, exclusive and
SC Jurisprudence undisputed possession of alienable public land for the period
prescribed by CA 141 ipso jure converts such land into
private land
(Republic v. Manna Properties, Inc., G.R. No. 146527,
Jan. 31, 2005.)

Cases:

1. What was the ruling of the SC in the case of Association of Small Land
Owners vs. Sec. of Agrarian Reform, G.R. No. 78742, July 14, 1989

The court ruled that  Money as [sole] payment for just compensation is merely a
concept in traditional exercise of eminent domain. However, This is not an ordinary
expropriation where only a specific property of relatively limited area is sought to be
taken by the State from its owner for a specific and perhaps local purpose.
What we deal with here is a revolutionary kind of expropriation. Hence,  bonds, and
other securities, i.e., shares of stocks, may be used for just compensation.

2. What was the ruling of the SC in the case of MIAA vs. CA, G.R. No.
155650, July 20, 2006

The Court states that the MIAA Airport Lands and Buildings constitute a "port"
constructed by the State. Under Article 420 of the Civil Code, the MIAA Airport Lands
and Buildings are properties of public dominion and thus owned by the State or the
Republic of the Philippines. The fact that the MIAA collects terminal fees and other
charges from the public does not remove the character of the Airport Lands and
Buildings as properties for public use.The charging of fees to the public does not
determine the character of the property whether it is of public dominion or not. Article
420 of the Civil Code defines property of public dominion as one "intended for public
use.The Airport Lands and Buildings of MIAA, which its Charter calls the "principal
airport of the Philippines for both international and domestic air traffic," are properties of
public dominion because they are intended for public use. As properties of public
dominion, they indisputably belong to the State or the Republic of the Philippines.

3. When can a foreigner acquire land in the Philippines? Cite basis for your
answer.

In cases of hereditary succession, no private lands shall be transferred or

conveyed except to individuals, corporations, or associations qualified to acquire or hold
lands of the public domain.(Section 7, Article XII, 1987 Philippine Constitution)
 When a natural-born citizen of the Philippines who has lost his Philippine
citizenship may be a transferee of a private land (Section 8, Article XII, 1987
Philippine Constitution).

Under Batas Pambansa No.185, any natural-born citizen of the Philippines who
has lost his Philippine citizenship may acquire up to 1,000 square meters of urban land,
or one hectare of rural land for residential purposes (Section 2). However, if the
acquisition is for business and other purposes, the upper limit will be increased to 5,000
square meters of urban land and three hectares of rural land (Section 5, Republic Act
No. 8179).

4. When is a public land considered as alienable and disposable?

There must still be a positive act declaring land of the public domain as
alienable and disposable. 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; investigation reports of Bureau of Lands investigators;
and a legislative act or a statute.The applicant may also secure a certification
from the government that the land claimed to have been possessed for the
required number of years is alienable and disposable (Secretary of the DENR v.
Yap, G.R. No. 167707, Oct. 8, 2008, 568 SCRA 164)