Director of Lands vs. Judge Aquino, Gr. No. 31688, Dec. 17, 1990 FACTS: Respondent issued allowed the Abra Industrial Corporation (AIC) favoured by the Court of Appeals on the clearance for the establishment of their Cement Factory. The construction was prohibited by the petitioner for the reason that they want to construct the Factory on a Forest Zone. But the Respondent claims this was owned by the AIC since 1894 and this was not anymore considered as purely forest land because some part of it was consist of limestone. ISSUE: Does the classification of land changes automatically the nature of the land changes? RULING: NO, a positive act of the president is needed. The classification is descriptive of its legal nature and not of what the land actually looks like. Hence, that a former forest has been denuded does not by that fact mean that it has ceased to be a forest land. Republic vs. Court of Appeals, 160 SCRA 228, 1988 FACTS: Respondent owners of the parcel of land located at Benguet Province, argues that these lands are partly mineral and partly agricultural land and cultivated by those who occupied it. In this case the Court favoured the respondent for and allowed the occupancy of the said owner and extract and utilize the minerals found on the land without permission of the state. ISSUE: Whether the Owner of the agricultural land in which minerals are discovered , may extract the minerals. RULING: No, this may be an application of regalian doctrine. Once minerals are discovered in the land, whatever the use to which it is being devoted at that time, such use may be discontinued b the state. For the loss sustained by the owner, he is entitled to compensation. Apex Mining vs Southeast Mindanao Gold, Gr. No. 152613, June 23 2006. FACTS: This case involves the Diwalwal, a rich tract of mineral land located indside the Agusan-Davao-Surigao forest reserve. The petitioner argues that the respondent don’t have the authority to validly occupy the lands of Diwalwal, since the DENR does not have the authority to issue the Administrative order 2002-18. ISSUE: Whether the Administrative order of DENR will allow them to have mining exploration at the Diwalwal. RULING: No, The President has been given the power to withdraw forest reserves and the DENR Administrative order is an invalid exercise of the said department. Unlike under earlier laws which required concurrence by the legislative body, all that is required now is the recommendation of the DENR, and will be declared by the president.

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Director of Lands vs. Judge Aquino, Gr. No. 31688, Dec. 17, 1990

FACTS: Respondent issued allowed the Abra Industrial Corporation (AIC) favoured by the Court of Appeals on the clearance for the establishment of their Cement Factory. The construction was prohibited by the petitioner for the reason that they want to construct the Factory on a Forest Zone. But the Respondent claims this was owned by the AIC since 1894 and this was not anymore considered as purely forest land because some part of it was consist of limestone.

ISSUE: Does the classification of land changes automatically the nature of the land changes?

RULING: NO, a positive act of the president is needed. The classification is descriptive of its legal nature and not of what the land actually looks like. Hence, that a former forest has been denuded does not by that fact mean that it has ceased to be a forest land.

Republic vs. Court of Appeals, 160 SCRA 228, 1988

FACTS: Respondent owners of the parcel of land located at Benguet Province, argues that these lands are partly mineral and partly agricultural land and cultivated by those who occupied it. In this case the Court favoured the respondent for and allowed the occupancy of the said owner and extract and utilize the minerals found on the land without permission of the state.

ISSUE: Whether the Owner of the agricultural land in which minerals are discovered , may extract the minerals.

RULING: No, this may be an application of regalian doctrine. Once minerals are discovered in the land, whatever the use to which it is being devoted at that time, such use may be discontinued b the state. For the loss sustained by the owner, he is entitled to compensation.

Apex Mining vs Southeast Mindanao Gold, Gr. No. 152613, June 23 2006.

FACTS: This case involves the Diwalwal, a rich tract of mineral land located indside the Agusan-Davao-Surigao forest reserve. The petitioner argues that the respondent don’t have the authority to validly occupy the lands of Diwalwal, since the DENR does not have the authority to issue the Administrative order 2002-18.

ISSUE: Whether the Administrative order of DENR will allow them to have mining exploration at the Diwalwal.

RULING: No, The President has been given the power to withdraw forest reserves and the DENR Administrative order is an invalid exercise of the said department. Unlike under earlier laws which required concurrence by the legislative body, all that is required now is the recommendation of the DENR, and will be declared by the president.