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SPS. ANTONIO FORTUNA AND ERLINDA FORTUNA v. REPUBLIC

This case has been cited 1 times or more.

2015-07-08
DEL CASTILLO, J.
Later, another pronouncement was made in Fortuna v. Republic,[27] stating thus:Under Section 6 of the PLA,[28] the classification and the reclassification of public lands are the prerogative of the Executive Department. The President, through a presidential proclamation or executive order, can classify or reclassify a land to be included or excluded from the public domain. The Department of Environment and Natural Resources (DENR) Secretary is likewise empowered by law to approve a land classification and declare such land as alienable and disposable. Accordingly, jurisprudence has required that an applicant for registration of title acquired through a public land grant must present incontrovertible evidence that the land subject of the application is alienable or disposable by establishing the existence of a positive act of the government, such as a presidential proclamation or an executive order; an administrative action; investigation reports of Bureau of Lands investigators; and a legislative act or a statute.