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REPUBLIC V.

CA AND PREC GR 103882, [NOVEMBER 25, 1998] 299 SCRA 199


REPUBLIC V. ROSEMOOR MINING AND DEVT CORP. , GR 149927, MAR 30, 2004
The license was not valid. When such was issued, the governing law was pd463. While the
subsequently enacted ra7942 or Philippine mining act of 1995 repealed prior mining laws, it
nonetheless respects previously issued licenses. Also, sec. 2 of article xii of the 1987 constitution
does not apply retroactively to a license, concession or lease granted by the government
before the effectivity of the 1987 constitution. Thus, pd463 is still controlling in the case.
ALVAREZ V. PICOP 606 SCRA 444 [2009]
IID V. PSALM 682 SCRA 602 [2012]
SECTION 3. LANDS OF THE PUBLIC DOMAIN
DIRECTOR OF LANDS V. AQUINO, 192 SCRA 296 (1990)
The classification of the land as forest land is descriptive of its legal nature or status and
does not have to be descriptive of what the land actually looks like. Moreover, only a positive act
by the chief executive is needed to change such. Thus, in the case at bar, the respondent
corporation has to prove that the lands it claims for registration are alienable or disposable lands,
which it failed to so.
REPUBLIC V. CA, 160 SCRA 228 (1988)
The regalian doctrine applies. Thus, once minerals are discovered in the land, whatever
the use to which it is being devoted at the time, such use may be discontinued by the state to
enable it to extract the minerals therein in the exercise of its sovereign prerogative. The land is
thus converted to mineral land and may not be used by any private party, including the
registered owner thereof, for any other purpose that will impede the mining operations to be
undertaken therein.
APEX MINING V. SOUTHEAST MINDANAO GOLD, INC, GR NO. 152613, JUNE 23, 2006
Upon the effectivity of the 1987 constitution, the state assumed a more dynamic role in
the exploration, development and utilization of the natural resources of the country. With this
policy, the state may pursue full control and supervision of the exploration, development and
utilization of the countrys natural mineral resources. The options open to the state are through
direct undertaking or by entering into co-production, joint venture, or production-sharing
agreements, or by entering into agreement with foreign-owned corporations for large-scale
exploration, development and utilization. recognizing the importance of the countrys natural
resources, not only for national economic development, but also for its security and national
defense, section 5 of republic act no. 7942 empowers the president, when the national interest
so requires, to establish mineral reservations where mining operations shall be undertaken
directly by the state or through a contractor
DIR. OF LANDS V. IAC, 146 SCRA 509 (1986)
The amendment of the application from the name of Pacific Farms Inc. To the name of J.
Antonio Araneta inc. was a mere attempt to evade disqualification. Our constitution prohibits
private corporations or associations from holding alienable lands of the public domain except by
lease. The court ruled to release the subject property from the unclassified category, which is
beyond their competence and jurisdiction. They reiterate that the classification of public lands is
an exclusive prerogative of the executive department of the government and not of the courts. In

the absence of such classification, the land remains unclassified until released and rendered
open to disposition.

TEN FORTY REALTY V. LORENZANA, GR NO. 151212, SEPT. 10, 2003


On the question of ownership for the purpose of compensating for the latters failure to
counter such held. The rtc had held that, as a corporation, petitioner had no right to acquire the
property which was alienable public land.
CHAVEZ V. PEA, GR NO. 133250, JULY 9, 2002
The 592.15 hectares of submerged areas of manila bay remain inalienable natural
resources of the public domain. Since the amended JVA seeks to transfer to AMARI, a private
corporation, ownership of 77.34 hectares of the freedom islands, such transfer is void for being
contrary to section 3, article xii of the 1987 constitution which prohibits private corporations from
acquiring any kind of alienable land of the public domain.
REPUBLIC V. SOUTHSIDE, 502 SCRA 587
REPUBLIC V. T.A.N., 555 SCRA 477
SECTION 4. SPECIFIC LIMITS OF FOREST LANDS AND NATIONAL PARKS
LA BUGAL-BLAAN TRIBAL ASSN. V. DENR, GR127872, JAN 27, 2004,MR GR 127882, DEC. 1, 2004
The court finds assailed provisions of R.A. No. 7942 to be violative of section 2, article XII
of the constitution and hereby declares unconstitutional and void as said act authorizes service
contracts. Although the statute employs the phrase financial and technical agreements in
accordance with the 1987 constitution, it actually treats these agreements as service contracts
that grant beneficial ownership to foreign contractors contrary to the fundamental law. The
framers of this constitution expressly omitted the phrase service contracts that was provided for
in the1973 constitution which allowed foreign companies to manage and operate mining
activities and replaced it with technical or financial assistance only.
SECTION 5. ANCESTRAL LANDS AND DOMAIN
CRUZ V. SEC. OF DENR, 347 SCRA 128 (2000)
SECTION 6. COMMON GOOD
TELECOM V. COMELEC, 289 SCRA 337 (1998)
The court held that a franchise is a mere privilege which may be reasonably burdened with some
form of public service. Thus what better measure can be conceived for the common good than
one for free air time for the benefit not only of candidates but even more of the public,
particularly the voters, so that they will be fully informed of the issues in an election. it is the
right of the viewers and listeners, not the right of the broadcasters, which is paramount.
SECTION 7. PRIVATE LANDS
REPUBLIC V. CA, 235 SCRA 567

A foreign national may apply for registration of title over a parcel of land which he acquired by
purchase while still a citizen of the philippines, from a vendor who has complied with the
requirements for registration under the public land act (ca 141).
the time to determine whether the person acquiring land is qualified is the time the right to own
land is acquired and not the time to register ownership.

ZARAGOSA V. CA, GR NO. 106401, SEPTEMBER 29, 2000


It is basic in the law of succession that a partition inter vivos may be done for as long as
legitimes are not prejudiced. However, to properly determine the legitimes collation must be
done (art.1061). , unfortunately, for this case where the original petition for delivery of
inheritance share only impleaded one of the other compulsory heirs. The petition must therefore
be dismissed without prejudice to the institution of a new proceeding where all the indispensable
parties are present for the rightful determination of their respective legitime and if the legitimes
were prejudiced by the partitioning inter vivos.
RAMIREZ V. VDA. DE RAMIREZ, 111 SCRA 704 (1982)
The court a quo upheld the validity of the usufruct given to wanda on the ground that the
constitution covers not only succession by operation of law but also testamentary succession. We
are of the opinion that the constitutional provision which enables aliens to acquire private lands
does not extend to testamentary succession for otherwise the prohibition will be for naught and
meaningless. Any alien would be able to circumvent the prohibition by paying money to a
Philippine landowner in exchange for a devise of a piece of land.
This opinion notwithstanding, we uphold the usufruct in favor Of wanda because a usufruct,
albeit a real right, does not vest Title to the land in the usufructuary and it is the vesting of Title
to land in favor of aliens which is proscribed by the Constitution.
(usufructuary rights to an alien yes. But the entire title of the land no.)
HALILI V. CA, 287 SCRA 465 (1998)
The deed of quitclaim is invalid because it violated section 7, article xii of the constitution
which limits the transfer or conveyance of private lands to those who are qualified to acquire or
hold lands of the public domain. As to the effect of the subsequent sale of david to cataniag,
jurisprudence is consistent that if land is invalidly transferred to an alien who subsequently
becomes a citizen or transfers it to a citizen, the flaw in the original transaction is considered
cured and the title of the transferee is rendered valid.
LEE V. REPUBLIC, 366 SCRA (2001)
The sale of the land in question was consummated sometime in march 1936, during the
effectivity of the 1935 constitution. Under the 1935 constitution, aliens could not acquire private
agricultural lands, save in cases of hereditary succession. Thus, lee liong, a chinese citizen, was
disqualified to acquire the land in question.the constitutional proscription on alien ownership of
lands of the public or private domain was intended to protect lands from falling in the hands of
non-filipinos. In this case, however, there would be no more public policy violated since the land
is in the hands of filipinos qualified to acquire and own such land. If land is invalidly transferred
to an alien who subsequently becomes a citizen or transfers it to a citizen, the flaw in the original
transaction is considered.
FRENZEL V. CATITO, GR NO. 143958, JULY 11, 2003

A contract that violates the constitution and the law, is null and void and vests no rights
and creates no obligations. It produces no legal effect at all. Alfred, being a party to an illegal
contract, cannot come into a court of law and ask to have his illegal objective carried out. One
who loses his money or property by knowingly engaging in a contract or transaction which
involves his own moral turpitude may not maintain an action for his losses. To him who moves in
deliberation and premeditation, the law is unyielding. The law will not aid either party to an
illegal contract or agreement; it leaves the parties where it finds them.
Lentfer v. Wolff 441 scra 584 [2004]

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