04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 3/13

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