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Republic vs. Pasig Rizal Co., Inc. [SEPARATE CONCURRING OPINION, GAERLAN, J.]

REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. PASIG RIZAL CO., INC.,* RESPONDENT.

G.R. No. 213207 | 2022-02-15

SEPARATE CONCURRING OPINION

GAERLAN, J.:
 
"There is no running away from history. It shapes our reality, and as time goes by, we become a part of it ourselves..."[1]
 

I concur in the ponencia. I submit this opinion to provide a fuller discussion of the constitutional concept of public domain, its relation to the civil law concept of public dominion, and the implications of the legal act of declaring lands of the public domain as alienable and disposable.
 
I.

Philippine constitutional law recognizes three fundamental forms of title to land. The first is private title;[2] the second,...