ART 12 Flashcards
Regalian Doctrine
Jura Regalia, is a Spanish colonial law principle that states that the state owns all public lands and natural resources in the Philippines
IMPERIUM
Government authority possessed by the State which is appropriately embraced in sovereignty.
DOMINIUM
apacity of the State to own and acquire property.
Alienation of Natural Resources
General Rule: All natural resources CANNOT be alienated
Exception: Agricultural lands
Exploration, Development and Utilization of Natural Resources
a) The state may DIRECTLY UNDERTAKE such activities
b) The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements
EDU NR LIMITATIONS : DURATION
It should not exceed 25 years, renewable for not more than 25 years
Small-scale Utilization of Natural Resources
- Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens
- Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons.
Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils
- The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and conditions provided by law.
- They should be based on the real contributions to economic growth and general welfare of the country.
- In the agreements, the State should promote the development and use of local scientific and technical resources.
- The President should notify Congress of every contract under this provision within 30 days from its execution.
- Management and service contracts are not allowed under this rule.
Protection of Marine Wealth
- The State shall protect its marine wealth in its
* Archipelagic waters
* Territorial sea &
* EEZ - The State shall reserve its use and enjoyment exclusively to Filipino citizens.
LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO
a) Agricultural
b) Forest/timber
c) Mineral lands &
d) National Parks
Alienable lands of public domain
- Only agricultural lands are alienable.
- Agricultural lands may be further classified by law according to the uses to which they may be devoted.
Limitations regarding Alienable Lands of the Public Domain: PRIV CORPO/ASS
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
C. Area: Lease cannot exceed 1,000 hectares
Limitations regarding Alienable Lands of the Public Domain: For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.
Means by Which Lands of the Public Domain Become Private Land
- Acquired from government by purchase or grant;
- Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and
- Open, exclusive, and undisputed possession of .
Open, exclusive, and undisputed possession of …..
a. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction.
b. Here, in possession since time immemorial, presumption is that the land was never part of public domain.
c. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land
d. Presumption is that land belongs to the State.