Cruz and Europa v. Secretary of Environment and Natural Resources

[4] Valenton v. Murciano, 3 Phil. 537, 543 [1904]; See also Florencio D.R. Ponce, The Philippine Torrens System, p. 13 [1964]. [5] Antonio H. Noblejas, Land Titles and Deeds, p. 5 [1986]; these grants were better known as repartimientos and encomiendas. Repartimientos were handouts to the military as fitting reward for their services to the Spanish crown. The encomiendas were given to Spaniards to administer and develop with the right to receive and enjoy for themselves the tributes of the natives assigned to them.-- Ponce, supra, p. 12, citing Benitez, History of the Philippines, pp. 125-126. [6] Narciso Pena, Registration of Land Titles and Deeds, p. 2 [1994]. [7] The Mortgage Law is a misnomer because it is primarily a law on registration of property and secondarily a mortgage law-- Ponce, supra, at 16. [8] Ponce, supra, at 15. [9] 3 Phil. 537 [1904]. [10] Id. at 540. [11] Id. at 548. [12] Id. at 543-544. [13] Id. at 543. [14] Id. at 542-543. These comments by the court are clear expressions of the concept that Crown holdings embraced both imperium and dominium--Ma. Lourdes Aranal-Sereno and Roan Libarios, The Interface Between National Land Law and Kalinga Land Law, 58 P.L.J. 420, 423 [1983]. [15] Id. at 545-546. [16] Id. at 543. [17] Id. at 557. [18] Id. at 553-554; Valenton was applied in Cansino v. Valdez, 6 Phil. 320 [1906]; Tiglao v. Insular Government, 7 Phil. 80 [1906]; and Cariño v. Insular Government, 7 Phil. 132 [1906]; all decided by the Philippine Supreme Court. [19] Please see Section 70, Act 926. [20] Ponce, supra, at 33. [21] Montano v. Insular Government, 12 Phil. 572 [1909]; also cited in Ponce, supra, at 32. [22] Archbishop of Manila v. Director of Lands, 27 Phil. 245 [1914]; also cited in Ponce, supra, at 32. [23] Antonio H. Noblejas, Land Titles and Deeds, p. 250 [1961].