Secretary of DENR vs Yap Digest

Secretary of DENR vs. Yap G.R. No. 167707 & Sacay vs. Secretary of DENR G.R. No. 173775 Facts: At stake in these consolidated cases is the right of the present occupants of Boracay Island to secure titles over their occupied lands. G.R. No. 16! is a petition for revie" on certiorari of certiorari of the decision of the #ourt of Appeals $#A% a&r'ing that of the Regional (rial (rial #ourt $R(#% in )ali*o+ Aklan+ " hich granted the petition for declaratory relief ,led *y respondentsclai'ants ayor /ose 0ap+ et al. and ordered the survey of Boracay for titling purposes. (he second is G.R. No. 12+ a petition for prohi*ition+ 'anda'us+ and nulli,cation fo 3rocla'ation No. 1!642 issued *y 3resident Gloria acapagalArroyo classifying Boracay into reserved forest and agricultural land. G.R. No. 167707 5n Nove'*er 17+ then 3res. arcos issued 3rocla'ation No. 17!1 declaring Boracay Island+ a'ong other islands+ caves and peninsulas in the 3hilippines+ as tourist 8ones and 'arine reserves under the ad'inistration of the 3hilippine (ouris' Authority $3(A%. (hey clai' that the 3rocla'ation precluded the' fro' ,ling an application for 9udicial con,r'ation of  i'perfect title or survey of land for titling purposes+ respondents-clai'ants ayor /ose 0ap and others ,led a petition for declaratory relief "ith the R(# in )ali*o Aklan. In their petition+ respondents alleged that 3rocla'ation No. 17!1 raises dou*ts on their right to secure titles over their occupied lands. (hey declared that they the'selves+ or through their predecessors-in-interest+ had *een in open+ continuous+ eclusive+ and notorious possession and occupation in Boracay since /une 1;+ 142+ or earlier since ti'e i''e'orial. (hey declared their lands for ta purposes and paid realty taes on the'. Respondents posited that 3rocla'ation No. 17!1 did not place Boracay *eyond the co''erce of 'an.