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Inalienable and indisposable lands vis a vis tax declarations.

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badwolfbri


Arresto Menor
Hypothetically speaking, if a person possesses a tax declaration on a parcel of land which is classified by the DENR as timberland, at the same time not having been declared as alienable and disposable, what options does the owner have to protect his ownership over the said parcel of land?

It is notable to state that there is a possible adverse claim by a mining company with a mining concession covering the area which the land is situated in. The mining company insists that the land is covered under its mining concession even if the land was classified by the DENR as timberland, not mineral reserve.

Additional facts:
- the owner bought the parcel of land from a person possessing the same tax declaration.
- numerous improvements have already been made to the parcel of land.
- the current owner has only been in possession of the land since 2010.

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tsi ming choi


Reclusion Perpetua
No option.

So long as the property has not been declared as alienable and disposable, no amount of ownership can be had over the same, regardless the prior owner exercised all modes of acquiring ownership as provided under the law on property.

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attyLLL


moderator
i agree, no solution to this one


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badwolfbri


Arresto Menor
does the owner have any options as to petitioning the government to declare it as alienable and disposable?

take for instance the dinagat islands in surigao del norte. the whole area is classified as mineral reserve but there are residential pockets which have been declared as alienable and disposable - and the government continually adds to the places listed as alienable and disposable whenever it appears it has become residential.

thanks for the help! i'm a law student myself, and it really seems as if the case is hopeless. i'm just trying to find ways, kawawa naman yung buyer in good faith of the said island.

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tsi ming choi


Reclusion Perpetua
badwolfbri wrote:does the owner have any options as to petitioning the government to declare it as alienable and disposable?

No. The owner itself is insufficient to petition the same.

The case of dinagat is different, numerous inhabitants gathered together to petition the same, thats why the congress declare it as such to be alienable and disposable. It must be stressed that sovereignty resides among the people and all government authority emanates from them.

In buying property whether real or personal, the buyer must be guided with the principle of caveat emptor as well as to exercised diligence to ascertain the prior owner with respect to the thing sold.

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badwolfbri


Arresto Menor
thanks tsi ming choi! big help Very Happy

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