Secretary of DENR vs.

Yap (October 8, 2008)

FACTS:
1st petition: Mayor Jose S. Yap, et al., occupy portions of land in Boracay Island, Brgy. Malay, Aklan.
Boracay Island was declared a tourist zone and marine reserve by former President Marcos. This was issued
through Proclamation No. 1801 on November 10, 1978. It was implemented through PTA Circular 3-82.
Mayor Yap alleges that the Proclamation and the Circular did not allow them to secure Titles over the
land even though they have been in open and continuous possession of these islands since time immemorial.
2nd petition: In 2006, Pres. Arroyo passed Proclamation No. 1064 classifying Boracay into 400 ha of
Forest Land and 600 ha of agricultural land. (alienable and disposable). Orlando Sacay says that the
Proclamation clashes with their prior vested rights to lands on the island because they have also been in open
and continuous possession of these since time immemorial.
The petitions were then consolidated for having the same issues regarding Boracay Island.
The Office of the Solicitor General said that Boracay Island is an unclassified land of the public
domain. Since this land is unclassified, it is inalienable and whatever possession the Yap, et al and Sacay, et al
have cannot amount to ownership.
The RTC ruled in favor of Yap and Sacay, saying that both the Proclamation and the Circular did not
prevent private ownership of the lands. The CA affirmed the RTCs decision.
ISSUE:
Whether the land is alienable or not.
HELD:
NO.
The 1987 Constitution classifies lands of the public domain into agricultural, forest or timber, mineral
lands and national parks. Of these, only agricultural lands are alienable. Prior to Proclamation No. 1064
in 2006, Boracay was never classified under any of these. It was unclassified land of the public domain.
The Regalian Doctrine dictates that all lands of the public domain belong to the State. As land being part of
the State, it is part of the inalienable public domain. In keeping with the presumption of State ownership, the
Court has time and again emphasized that there must be a positive act of the government, such as an official
proclamation, declassifying inalienable public land into disposable land for agricultural or other purposes.
Except for lands already covered by existing titles, Boracay was an unclassified land of the public domain
prior to Proclamation No. 1064. Such unclassified lands are considered public forest under PD No. 705. The
DENR and the National Mapping and Resource Information Authority certify that Boracay Island is an
unclassified land of the public domain.
There are two requisites for judicial confirmation of imperfect or incomplete title, namely: (1) open,
continuous, exclusive, and notorious possession and occupation of the subject land by himself or
through his predecessors-in-interest under a bona fide claim of ownership since time immemorial or
from June 12, 1945; and (2) the classification of the land as alienable and disposable land of the public
domain. Where the land is not alienable and disposable, possession of the land, no matter how long, cannot
confer ownership or possessory rights.
Therefore, Yap and Sacay cannot own the lands through their possession.