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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Within a coastal province, a provincial governor, acting through the provincial treasurer, signs a deed of sale transferring a parcel described as “public-domain forest land” within the province to a private corporation for a resort project. The land remains in the public domain and is not subject to private sale by local governments 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 province 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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The controlling doctrine is that the State may dispose of public-domain lands through repurchase agreements with private entities; the deed is valid if the private party agrees to use the land for a public-benefit project agreed upon by law. The controlling doctrine is that lands of the public domain belong to the State; the State and its political subdivisions have distinct juridical personalities, but local government units cannot own or dispose of public-domain lands; a deed of sale by a province to a private party is void; the State may recover the land through reversion or reconveyance; the buyer may recover the price paid. The controlling doctrine is that while the State owns public-domain lands, LGUs may dispose of them if the land has been classified as alienable and disposable by law; the deed is valid if the classification was properly made. The controlling doctrine is that lands of the public domain can be disposed of only by Congress or the President via proclamation; a provincial sale is voidable at the option of the State; the buyer may seek damages but not regain the land.

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