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JOSE TEOFILO MERCADO v. VALLEY MOUNTAIN MINES EXPLORATION

This case has been cited 2 times or more.

2014-06-02
VILLARAMA, JR., J.
The Regalian doctrine, embodied in Section 2, Article XII of the 1987 Constitution, provides that all lands of the public domain belong to the State, which is the source of any asserted right to ownership of land. All lands not appearing to be clearly within private ownership are presumed to belong to the State. Unless public land is shown to have been reclassified or alienated to a private person by the State, it remains part of the inalienable public domain[39] for land classification or reclassification cannot be assumed. It must be proved.[40] And the applicant bears the burden to overturn, by incontrovertible evidence, the presumption that the land subject of an application for registration is alienable and disposable.[41]
2012-10-04
LEONARDO-DE CASTRO, J.
Land classification or reclassification cannot be assumed. It must be proved.[78] To prove that the subject property is alienable and disposable land of the public domain, respondents presented the CENRO Certificate dated March 20, 1996 signed by CENR Officer Iluminado C. Lucas and PENR Officer Isabelo R. Montejo, and verified by Forester Anastacio C. Cabalejo.