04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 Pursuant thereto, 2,000 hectares of the southern half portion of the Palaui Island were withdrawn from sale or settlement and reserved for the use of the Philippine Navy, subject, however, to private rights if there be any.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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61257 1/13

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