LTD Flashcards
Evidence deemed sufficient to establish classification
of land as A and D land
The following may be considered sufficient to establish the classification
of land as alienable and disposable land for purposes of
original registration:
- Certification of the Bureau of Forest Development that the
land has been released as alienable and disposable land. - Land Classification Map showing that the land lies within
the alienable and disposable portion of the public domain. - Executive proclamation withdrawing from a reservation
a specific area and declaring the same open for entry, sale or other
mode of disposition. - Legislative act or executive proclamation reserving a portion
of the public domain for public or quasi-public use, which
amounts to a transfer of ownership to the grantee.
A positive act is required
A positive act declaring land as alienable and
disposable is required. 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. In fact, Section
8 of CA No. 141 limits alienable or disposable lands
only to those lands which have been “officially
delimited and classified.”
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
1) presidential proclamation or
2) an executive order;
3) an administrative action;
4) investigation reports of Bureau of Lands
investigators; and
5) a legislative act or a statute.