Case Summary (G.R. No. 167707)
Consolidated Issues
G.R. No. 167707: Whether Proclamation 1801/ Circular 3-82 legally obstruct private title acquisition.
G.R. No. 173775: Whether Boracay, at time of possession, was public agricultural or forest land; whether claimants have vested ownership rights; necessity of executive classification; validity of Proclamation 1064; and mandamus relief to compel survey.
Regalian Doctrine and Executive Classification Power
Under the Regalian principle (1987 Const. XII, 3), all public domain lands belong to the State. Only the President—upon departmental recommendation—may classify or reclassify public lands into alienable or disposable, timber, or mineral (CA 141, §§ 6–7). Absent a positive executive act, unclassified lands are presumed public forest under PD 705.
Historical Land Classification Framework
• Spanish regime: Lands not granted to private parties remained Crown lands; possessory titles required royal concession or “informacion posesoria” perfected within statutory periods.
• American era: Philippine Bill 1902 and Act 926 introduced grand divisions (agricultural, mineral, timber), judicial confirmation of imperfect titles for ten-year possession pre-1904.
• Act 2874 (1919) and CA 141 (1936): Consolidated disposition rules; posited presidential power for classification; extended prescriptive period; required alienable status for title confirmation.
Classification Status of Boracay Pre-2006
No prior proclamation or administrative act officially classified Boracay as alienable agricultural land. It remained an unclassified public domain expanse, hence public forest under PD 705. Historical cases (Ankron, De Aldecoa) merely established presumptions for land registration courts under obsolete laws and did not effect broad reclassification.
Proclamation 1801 and PTA Circular 3-82 Insufficient for Titling
Proclamation 1801 designated Boracay a tourist zone and marine reserve for PTA administration; it did not delimit alienable vs. forest areas. Circular 3-82’s references to “private lands” and “areas declared alienable” acknowledged the need for executive classification but did not itself reclassify Boracay.
Proclamation 1064 as the First Positive Classification
In 2006, Proclamation 1064 explicitly designated 400 ha as forestland and 628.96 ha as agricultural land, plus a 15-m buffer zone. This exercise of executive power validly opened parts of Boracay to disposition, subject to vested rights.
Denial of Judicial Confirmation of Imperfect Title
Under C
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Antecedents – G.R. No. 167707
- Boracay Island, Municipality of Malay, Aklan, reputed premier tourist destination with 12,003 inhabitants in three barangays (Manoc-Manoc, Balabag, Yapak).
- April 14, 1976: DENR approved National Reservation Survey (Plan NR-06-000001), identifying occupied or claimed lots.
- November 10, 1978: Proclamation No. 1801 by President Marcos declared Boracay (among other areas) a “tourist zone and marine reserve” under Philippine Tourism Authority (PTA).
- September 3, 1982: PTA Circular 3-82 issued to implement Proclamation No. 1801.
- Respondents-claimants (Mayor Yap, Talapian, Sumndad, Yap) filed declaratory relief in RTC Kalibo on November 19, 1997, alleging open, continuous, exclusive, notorious possession since June 12, 1945 (or earlier), paid realty taxes, and claiming Proclamation No. 1801/Circular 3-82 cast doubt on their right to titling under Section 48(b), Commonwealth Act No. 141.
- Office of the Solicitor General (OSG) opposed, contending Boracay is an unclassified public forest land under Section 3(a), PD No. 705 (Revised Forestry Code), thus not alienable and disposable.
- Stipulated facts: present possession; coconut groves (circa 50 years old, 20m tall); tax declarations.
- RTC (Branch 5, Sp. Civil Case No. 5403) granted relief on July 14, 1999, holding Proclamation No. 1801 and Circular 3-82 do not preclude titling or survey.
- CA (CA-G.R. CV No. 71118) affirmed RTC decision on December 9, 2004; OSG motions for reconsideration denied.
Antecedents – G.R. No. 173775
- May 22, 2006: President Arroyo issued Proclamation No. 1064 classifying Boracay Island into 400 ha reserved forest land (protection) and 628.96 ha agricultural land (alienable and disposable), plus a 15 m buffer zone along roads/trails.
- August 10, 2006: Petition filed by Dr. Orlando Sacay, Wilfredo Gelito, and other Boracay landowners for prohibition, mandamus, and nullification of Proclamation No. 1064, alleging prior vested rights, long-standing possession, and multi-billion-peso investments in resorts.
- OSG argued no vested private rights, Boracay remains unclassified public forest under PD No. 705, and only executive act can reclassify public lands.
- November 21, 2006: Supreme Court consolidated G.R. Nos. 167707 and 173775.
Issues
- G.R. No. 167707: Whether Proclamation No. 1801 and PTA Circular 3-82 legally impede respondents’ acquisition of title to occ