Regalian Doctrine Flashcards
legal concept, principle, IPRA law exception, torrens, purpose, why torrens was adopted in this country, effect of registration and certificate of title, state control over property
Other term for regalian doctrine
jura regalia, introduce by the spaniards to the laws of the indies and royal cedulas
capacity or foundation of regalian doctrine
the capacity of the state to own property is the state’s power of dominium
Under regalian, All lands of the ____ ____ belong to the state
Public Domain
Complete legal concept of regalian doctrine, note: NOA, “are”
All lands not otherwise appearing to be within the private ownership are presumed belong to the state
What does the principle RD holds? note: AFTM and all other natural resources
It holds that all NATURAL wealth - agriculture, forest, timber, mineral lands of the public domain and all other natural resources belong to the state
T/F A public land can be acquired by private persons without need of grant, express, or implied from the govt
False, noPUBLIC LAND can be acquired by private persons without any grant, express, or implied from the govt
T/F grant by govt in the acquisition of public property is dispensible
False, it is indispensible no matter how long the occupation in the concept of an owner, cannot ripen into ownership and be register
Can a person who owns a land and discovered therein a mineral can claim the ownership?
No, even if the private person owns property where minerals are discovered, his ownersip does not give him the right to extract or utilize said minerals without permission from the state
what is the general presumption
all lands of the public domain belong the state
to whom does the burden of proof to overcome the presumption of ownership belong?
It is on the person applying for the registration. the private person claiming the title to public land must show that his title was acquired from the state or any mode of acquisition or that the public land have been reclassified and alienated by the state to a private person, OTHERWISE IT REMAINS AS _____________________________(ipD)
fill in the blank. public lnds not shown to have been reclassified or released as alienable agricultural land or alieated to a private person by the state remain part of the ____________
Alienable public domain
What should the person applying for registration should do and not do in assessing ownership?
Prove his title and not rely on the absence or weakness of the evidence of the oppositors
meaning of “Qui prior est tempore, potior est jure”
he who is first in time, is first in right
Expound “He who is first in time, is first in right”
The person with the earlier registration of his title has a superior right over one who registers later
Latin principle “He who is first in time, is first in right”
Qui prior est tempore, potior est jure
Exemption in the Regalian Doctrine, why?
Keyword: since time immemorial
IPRA Law - Indigenous People’s Rights Act of 1997
Definition: It is a native title, a claim of ownership over land since time immemorial, independent over any grants by the Spanish Crowns
History: Pre-conquest rights to lands and domains have been held under a claim of private ownership by ICCs/IPs have never been public lands and are thus indisputably presumed to have been held that way since before the spanish conquest
Purpose: Protects the rights to ancestral domain and lands
True or False
Native titles are indisputably presumed to have been held that way since before the spanish conquest
True
True or False. IPRA is categorically declared ancestral lands and domains held by native title as to have once been a public land
False. Never been a PUBLIC LAND hence indisputably presumed to have never been public lands and are private
T/F. Ancestral lands and domains are part of the public land
False. They are part of the ICC/IPs
T/F cert of title is a requirement for protection under IPRA
Important word: INDIGENOUS CONCEPT OF OWNERSHIP
False. Not dependent on a piece of paper, even if the title is yet to be issued, it does not contradict the Indigenous Concept of Ownership over the Subject Land- nor such land can be privately owned through the extended possession.
What does the court say about the TAX DECLARATION as an evidence?
Important word: CONCLUSIVE EVIDENCE
What it can’t defeat?
the court held that tax declarations are not conclusive evidence of ownership or the right to possess land when not supported by other evidence to substantiate the claim.
It cannot defeat the title or the native title which has been described as ownership since time immemorial
Complete the sentence: section 48 if RA 3872
Members of the N_______ C______ M_______ who by themselves or through their _________-in-________ have been in OPEN, CONTINUOUS, EXCLUSIVE, AND NOTORIOUS POSSESSION AND OCCUPATION of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fire claim of ownership for at least ____ years shall be entitled to the rights granted…
national cultural minorities, predecessors-in-interest, 30 years
What are the parameters persons are allowed to apply for the confirmation of imperfect title over lands of the public domain?
Land is suitable for agriculture,
The person applying is able to show possession and occupation for at least 30 years
