The people are waiting for the investigation of the Joint Oversight Committee of the Senate and the House of Representatives whose main mission is to monitor the national and local government agencies in the implementation of RA 11038 which amended RA 7586 [Expanded National Integrated Protected Areas System Act (NIPAS)]. The law aims to conserve all endangered plants and animal species in NIPAS for the benefit of future generations. One of these NIPAS is the Chocolate Hills Natural Monument in Bohol with a dimension of 13,994.95 hectares. Just like past scandals, the legislative inquiry into the establishment of the Captain’s Peak Resort in Sagbayan, Bohol, is expected to be full of insane drama consisting of cover ups, finger pointing, and blame throwing of erring national and local government officials that entertains Filipinos.

Under the Regalian doctrine, all lands belong to the King and are not susceptible to private ownership without the King’s permission. This is a fiction of law based on the feudal system and the consequence of land grabbing by violent Europeans carrying the Cross and Sword in different continents in Asia, America and Africa. In modern times, the State is the source of land ownership based on Article XII of the Constitution. The most vital stage in the process of privatization of agricultural land is an Executive Act of the President of the Philippines or a law enacted by Congress that declares “alienable and disposal” tracts of agricultural land whose boundaries are determined by the DENR. Forest lands, mineral lands, seashores and national parks are forbidden to be owned by private persons.

According to the news, the one-hectare land on which Captain’s Peak is built on is titled property. This presupposes that the land was once part of public land until it was declared alienable and disposable agricultural land by the State. Under the State’s property regime, anybody interested in owning land can apply for a land patent over it and satisfy the strict conditions of possession and cultivation for the grant of such patent by the DENR. It is this patent that is subsequently registered under the Torrens system.

The land owner of Captain’s Peak enjoys the “indefeasibility” of his Torrens title, in spite of the questionable location of the real property. But the land owner should not be smug about his acts of dominion. He should realize that the use of property bears a social function and there are a plethora of Supreme Court decisions that set aside the Torrens title of individuals when there was never any positive act by the State declaring the land to be part of alienable and disposable public agricultural land or that the land was never registerable for being part of forest or mineral land or wetlands. In these shady circumstances, the Torrens title can be cancelled through an action for “reversion” filed by the Solicitor General.

There are many questions to be asked:

1. Where is the Executive Act or law that declared “alienable and disposable public agricultural land” that covered the titled one hectare of land? 2. If there was a positive act of the State, where is the proof that the conditions of the patent were satisfied?
2. Where is the map of the Chocolate Hills Natural Monument produced by NAMRIA which must be examined together with the geodetic survey map of the title of Captain’s Peak?
3. If there was never a positive act, why hasn’t the Solicitor General filed a “reversion” case to cancel the land title?

It is said that, “cleanliness is next to Godliness.” Filipinos have a solid reputation for personal hygiene, but ironically have never enjoyed the reputation of being valiant environment protectors. Respecting the environment as an act of devotion to its Creator must be encoded in the Filipino psyche before it is too late to save this nation from the madness of its own people. The emerging scenario resulting from mindless environmental destruction is gloomy with the forthcoming extinction of endangered species of flora and fauna. The tragic drama of gleefully sowing reckless abuse and spoliation of mother nature that always culminates in the reaping of terrible human suffering in catastrophic proportion will not turn into a comedy Filipinos will be happy with.