COURSE OUTLINE I. Land Classication A.

Denition - Land classication pertains to classication of lands of the public domain as a natural resources in relation to the tenurial arrangements that the state gives to grantees, holders and possessors of such land. B. Distinguished from land use classication and zoning - Land use classication is focus more on the regulation of the actual use of the land, it does not provide for the rules regarding tenure on the land. C. Constitutional provision 1.1987 Constitution Article XII, Sections 2 and 3 2. Classes of lands of the public domain - in general a) Agricultural (CA No. 141) b) Forest or Timber (PD No. 705) c) Mineral (RA No. 7932) d) National Park (RA No. 7586) 3. Constitutional Limit on area for disposition 4.Land Classication in previous Constitutions D.Denition of Agricultural, Forest, Mineral and National Parks 1. Classication describes the legal nature not the natural state of the land a) Executive Department determines what are agricultural lands b) Cases (1) Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989) (2) DENR vs Yap (G.R. No. 167707, October 08, 2008) c) Relate to Constitutional provision regarding the nal forest line by Congress 2. Agricultural Lands a) Early rulings (1) Suitability for agricultural use is the criteria (2) Court can make a determination (3) Cases (a) Jones vs. Insular Government (6 Phil.122) (b) Mapa vs. Insular Government (10 Phil.,1753, 1908) (c) Government of the Philippine Islands vs. Abella (49 Phil. 49) (d) Cornelio Ramos vs. Director of Lands, G.R. No. 13298 November 19, 1918) (e) Ankron vs. Government of the Philippine Islands (G.R. No. 14213. August 23, 1919) b) Clarication in Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989). En Banc c) Sub-Classication of Agricultural Lands (1) Section 9 of the Public Land Act (CA No. 141) (2) Cases (a) de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909) (b) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15, 1947)

3. Forest Land a) 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 b) Criteria in the PD No. (Revised Forestry Code) Section 15 4. Mineral Lands a) Denition 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. b)Denition of Mineral Lands under the old Mining Act (CA No. 137) - those lands in which minerals exist in sufcient quantity or quality to justify the necessary expenditures to be incurred in extracting and utilizing such minerals c) Denition 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 certicate of title is considered void when it covers property of public domain classied as mineral lands because possession of mineral lands, no matter how long does not confer possessory rights. (1) Cases: (a) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929) (b) Republic vs. Court of Appeals and dela Rosa (GR No. L-43938, April 15, 1988) 5. National Parks a) New Class - It was introduced only in the 1987 Constitution as a distinct and separate class of lands. National parks as a classication 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, Dening its Scope and Coverage for other Purposes) b) Denition - a 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 signicance for scientic, educational and recreational use. (Section 4 par. (a) of RA No. 7586) 6. Exceptions to Land Classication a) Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997." (1) Cases: (a) Mateo Cario vs. Insular Government (212 US 449) (b) Cruz vs. DENR Secretary (G.R. No. 135385. December 6, 2000) b) Lands declared by the courts as agricultural lands prior to the introduction of land classication (1) Cases:

(a) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189 SCRA 792) (b) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245.January 30, 2001) c) Lands already registered by the Court as Private Lands (1) Case: (a) Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d) Judicial Notice on Bureaucratic Constraints in Land Classication (1) Case: (a) Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245.January 30, 2001) II. Institutional and Implementation Arrangements A. Under the Public Land Act - The present system of classication of lands was introduced in 1919 through Act No. 2874 or the Second Public Land Act. This classication of lands was carried over to our present Public Land Act (Commonwealth Act No. 141) after Act No. 2874 was re-enacted, with some modication, under the Commonwealth Government. At present, the same is still retained under the same section and heading on classication, 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. B. Classication of land as 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. C. 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 reclassication 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 specic limits of the public domain. DENR limited now to the classication of public forest.