04/02/2020
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undisputed owner, a writ of preliminary injunction should not issue to
take the property out of possession of one party to place it in the hands
of another x x x.
Admittedly, the documentary exhibits of [Rev. Cortez] tended only to
show that [he] has a pending application of patent with the DENR. Even
so, [Rev. Cortez] failed to present in evidence the application for patent
allegedly filed by [him] showing that he applied for patent on the entire
50 hectares of land which he possessed or occupied for a long period of
time. Under the circumstances, therefore, the title of petitioner to the 50
hectares of land in Palaui Island remains unclear and doubtful, and [is]
seriously disputed by the government.
More significantly, at the time that Proc. No. 201 was issued on May 22,
1967, [Rev. Cortez] has not perfected his right over the 50 hectares of
land nor acquired any vested right thereto considering that he only
occupied the land as alleged by him in 1962 or barely five (5) years
before the issuance of the Presidential Proclamation. Proclamation No.
201 had the effect of removing Palaui Island from the alienable or
disposable portion of the public domain and therefore the island, as of the
date of [the] Issuance [of the proclamation], has ceased to be disposable
public land.
However, the court is not unmindful that [Rev. Cortez] has lawfully
possessed and occupied at least five (5) hectares of land situated at the
western portion of the Palaui Island identified as Exh "H-4". During the
hearing, Cmdr. Rogelio Biñas admitted that when he was assigned as
Commanding Officer in December 1999, he went to Palaui Island and
[saw only] two (2) baluga families tilling the land consisting of five (5)
hectares. Therefore, it cannot be seriously disputed that [Rev. Cortez]
and his baluga tribesmen cleared five (5) hectares of land for planting
and cultivation since 1962 on the western portion identified as Exhibit "H4". The Philippine Navy also admitted that they have no objection to
settlers of the land prior to the Presidential Proclamation and [Rev.
Cortez] had been identified as one of the early settlers of the area before
the Presidential Proclamation. The DENR also acknowledged that [Rev.
Cortez] has filed an application for patent on the western area and that
he must be allowed to pursue his claim.
Although the court is not persuaded by the argument of [Rev. Cortez]
that he has already acquired vested rights over the area claimed by him,
the court must recognize that [Rev. Cortez] may have acquired some
propriety rights over the area considering the directive of the DENR to
allow [Rev. Cortez] to pursue his application for patent. However, the
court wants to make clear that the application for patent by [Rev. Cortez]
should be limited to an area not to exceed five (5) hectares situated at
the western portion of x x x Palaui Island identified in the sketch map as
Exh. "H-4." This area appears to be the portion where [Rev. Cortez] has
clearly established his right or title by reason of his long possession and
occupation of the land.[9]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61257
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