Regalian Doctrine

Question 1

Other term for regalian doctrine

Answer 1

jura regalia, introduce by the spaniards to the laws of the indies and royal cedulas

Question 2

capacity or foundation of regalian doctrine

Answer 2

the capacity of the state to own property is the state’s power of dominium

Question 3

Under regalian, All lands of the ____ ____ belong to the state

Answer 3

Public Domain

Question 4

Complete legal concept of regalian doctrine, note: NOA, “are”

Answer 4

All lands not otherwise appearing to be within the private ownership are presumed belong to the state

Question 5

What does the principle RD holds? note: AFTM and all other natural resources

Answer 5

It holds that all NATURAL wealth - agriculture, forest, timber, mineral lands of the public domain and all other natural resources belong to the state

Question 6

T/F A public land can be acquired by private persons without need of grant, express, or implied from the govt

Answer 6

False, noPUBLIC LAND can be acquired by private persons without any grant, express, or implied from the govt

Question 7

T/F grant by govt in the acquisition of public property is dispensible

Answer 7

False, it is indispensible no matter how long the occupation in the concept of an owner, cannot ripen into ownership and be register

Question 8

Can a person who owns a land and discovered therein a mineral can claim the ownership?

Answer 8

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

Question 9

what is the general presumption

Answer 9

all lands of the public domain belong the state

Question 9

to whom does the burden of proof to overcome the presumption of ownership belong?

Answer 9

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)

Question 10

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 ____________

Answer 10

Alienable public domain

Question 11

What should the person applying for registration should do and not do in assessing ownership?

Answer 11

Prove his title and not rely on the absence or weakness of the evidence of the oppositors

Question 12

meaning of “Qui prior est tempore, potior est jure”

Answer 12

he who is first in time, is first in right

Question 13

Expound “He who is first in time, is first in right”

Answer 13

The person with the earlier registration of his title has a superior right over one who registers later

Question 13

Latin principle “He who is first in time, is first in right”

Answer 13

Qui prior est tempore, potior est jure

Question 15

Exemption in the Regalian Doctrine, why?
Keyword: since time immemorial

Answer 15

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

Question 16

True or False

Native titles are indisputably presumed to have been held that way since before the spanish conquest

Answer 16

True

Question 17

True or False. IPRA is categorically declared ancestral lands and domains held by native title as to have once been a public land

Answer 17

False. Never been a PUBLIC LAND hence indisputably presumed to have never been public lands and are private

Question 18

T/F. Ancestral lands and domains are part of the public land

Answer 18

False. They are part of the ICC/IPs

Question 19

T/F cert of title is a requirement for protection under IPRA

Important word: INDIGENOUS CONCEPT OF OWNERSHIP

Answer 19

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.

Question 20

What does the court say about the TAX DECLARATION as an evidence?

Important word: CONCLUSIVE EVIDENCE

What it can’t defeat?

Answer 20

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

Question 21

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…

Answer 21

national cultural minorities, predecessors-in-interest, 30 years

Question 22

What are the parameters persons are allowed to apply for the confirmation of imperfect title over lands of the public domain?

Answer 22

Land is suitable for agriculture,
The person applying is able to show possession and occupation for at least 30 years