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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A government environmental agency, a GOCC created by statute with its own charter, signs a deed of sale transferring a parcel described as 'public-domain forest land' within its service area to a private corporation for a resort development. The land remains in the public domain and is not subject to private sale by government units under law. (a) Identify the controlling doctrine on the State and its political subdivisions’ juridical personality and their capacity to own and dispose of land. (b) Is the deed valid? Explain, focusing on the land’s public-domain status and the competence of the GOCC to alienate such lands. (c) What remedies exist for the State to recover the land and for the buyer, if any?

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Any government instrumentality may alienate public-domain lands by sale to raise funds for its mandate; The deed is valid. The State owns lands of the public domain; all such lands may be disposed of only by the State or by an agency expressly authorized by statute; A GOCC cannot validly alienate public-domain forest lands; The deed is void ab initio; The State may seek reconveyance or reversion; The buyer has no enforceable remedy to keep the land. Forest lands in the public domain may be alienated to private entities if there is a specific law authorizing the disposition for public purpose; The deed is valid when properly authorized; The buyer obtains title but must comply with reversion or lease restrictions. Public-domain forest lands cannot be transferred to private owners under any circumstances; The sale is void; The buyer cannot claim title or damages.

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