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768 Phil. 575
SECOND DIVISION
[ G.R. No. 197472, September 07, 2015 ]
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY COMMANDER
RAYMOND ALPUERTO OF THE NAVAL BASE CAMILLLO OSIAS,
PORT SAN VICENTE, STA. ANA, CAGAYAN, PETITIONER, VS. REV.
CLAUDIO R. CORTEZ, SR., RESPONDENT.
DECISION
DEL CASTILLO, J.:
An inalienable public land cannot be appropriated and thus may not be the proper
object of possession. Hence, injunction cannot be issued in order to protect one's
alleged right of possession over the same.
This Petition for Review on Certiorari[1] assails the June 29, 2011 Decision[2] of the
Court of Appeals (CA) in CA-GR. CV No. 89968, which dismissed the appeal
therewith and affirmed the July 3, 2007 Decision[3] of the Regional Trial Court (RTC)
of Aparri, Cagayan, Branch 8 in Spl. Civil Action Case No. 11-2403.
Factual Antecedents
Respondent Rev. Claudio R. Cortez, Sr. (Rev. Cortez), a missionary by vocation
engaged in humanitarian and charitable activities, established an orphanage and
school in Punta Verde, Palaui Island, San Vicente, Sta. Ana, Cagayan. He claimed
that since 1962, he has been in peaceful possession of about 50 hectares of land
located in the western portion of Palaui Island in Sitio Siwangag, Sta. Ana, Cagayan
which he, with the help of Aetas and other people under his care, cleared and
developed for agricultural purposes in order to support his charitable, humanitarian
and missionary works.[4]
On May 22, 1967, President Ferdinand E. Marcos issued Proclamation No. 201
reserving for military purposes a parcel of the public domain situated in Palaui
Island. Pursuant thereto, 2,000 hectares of the southern half portion of the Palaui
Island were withdrawn from sale or settlement and reserved for the use of the
Philippine Navy, subject, however, to private rights if there be any.
More than two decades later or on August 16, 1994, President Fidel V. Ramos issued
Proclamation No. 447 declaring Palaui Island and the surrounding waters situated in
the Municipality of Sta. Ana, Cagayan as marine reserve. Again subject to any
private rights, the entire Palaui Island consisting of an aggregate area of 7,415.48
hectares was accordingly reserved as a marine protected area.
On June 13,2000, Rev. Cortez filed a Petition for Injunction with Prayer for the
Issuance of a Writ of Preliminary Mandatory Injunction[5] against Rogelio C. Biñas
(Biñas) in his capacity as Commanding Officer of the Philippine Naval Command in
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