Regalian Doctrine Flashcards
T or F. Under the Regalian Doctrine, all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the
State.
True.
How was the Regalian Doctrine first introduced in the Philippines?
The Spaniards first introduced the doctrine to the Philippines through the Laws of the Indies and the Royal Cedulas, specifically, Law 14, Title 12, Book 4 of the Novisima Recopilacion de Leyes de las Indias which laid the foundation that “all lands that were not acquired from the Government, either by purchase or by grant, belong to the public domain.”
That time, as long as you conquer/colonize any land, ownership is believed to be yours, too.
What is the Spanish Mortgage Law?
It provided for the systematic registration of titles and deeds as well as possessory claims.
What is the Maura Law or the Royal Decree of 1894?
It partly amended the Mortgage Law as well as the Law of the Indies. It was the last Spanish law promulgated in the Philippines. It required the “adjustment” or registration of all agricultural lands, otherwise the lands would revert to the State.
Private citizens could own only agricultural lands at that time.
What is the Public Land Act?
Promulgated by the US. Operated on the assumption that title to public lands in the Philippine Islands remained in the government; and that the government’s title to public land sprung from the Treaty of Paris and other subsequent treaties between Spain and the United States.
What is the scope of the term “public land?”
All lands of the public domain whose title still remained in the government and are thrown open to private appropriation and settlement, and excluded the patrimonial property of the government and the friar lands.
What is the Regalian Doctrine?
The “Regalian Doctrine” or jura regalia is a Western legal concept that was first introduced by the Spaniards into the country through the Laws of the Indies and the Royal Cedulas.
In the case of Municipality of Santiago vs. Court of Appeals, 120 SCRA 734, 1983 "private rights" is proof of acquisition through (sic) among means of acquisition of public lands. What do they mean by "private rights?"
applicant should show clear and convincing evidence that the property in question was acquired by applicants or their ancestors either by composition title from the Spanish government or by Possessory Information title, or any other means for the
acquisition of public lands
What are natural resources?
“not only timber, gas, oil coal, minerals, lakes, and submerged lands, but also, features which supply a human need and contribute to the health, welfare, and benefit of a community, and are essential to the well-being thereof and proper enjoyment of property devoted to park and recreational purposes.”
How did the court define a watershed?
In the case of Sta. Rosa Realty Development Corp. v. Court of Appeals, they defined watershed as “an area drained by a river and its tributaries and enclosed by a boundary or divide which separates it from adjacent watersheds.” However, the court also recognized that:
“The definition does not exactly depict the complexities of a watershed. The most important product of a watershed is water which is one of the most important human necessit(ies). The protection of watershed ensures an adequate supply of water for future generations and the control of flashfloods that not only damage property but also cause loss of lives. Protection of watersheds is an “intergenerational” responsibility that needs to be answered now.”
What belief was the Regalian Doctrine founded on?
The belief that the Spanish Crown is the origin of all land titles in the Philippines.
Burden of proof when it comes claiming ownership rights?
Burden of proof is on the person claiming such rights. To overcome the presumption of land’s belongingness to the State, incontrovertible evidence must be shown by the applicant that the land subject of the application is alienable or disposable.
Can you claim ownership rights if you have possessed the land for a long period of time and that you have worked hard to develop or conserve it?
No. Occupation cannot ripe into ownership unless the State reclassifies it into private. (Republic v. Santos III, GR No. 160453)
Collado v. CA
FACTS:
Petitioner Collado filed with the land registration court an application for registration of a parcelof land with an approximate area of 120.0766 hectares (“Lot” for brevity). The Lot is situated inBarangay San Isidro, Antipolo, Rizal, and covered by Survey Plan Psu-162620. Attached to theapplication was the technical description of the Lot as Lot Psu-162620 signed by Robert C.Pangyarihan, Officer-in-Charge of the Survey Division, Bureau of Lands, which stated, “[t]hissurvey is inside IN-12 Mariquina Watershed.” Then petitioner Collado filed an AmendedApplication to include additional co-applicants. Subsequently, more applicants joined(collectively referred to as “petitioners” for brevity).The Republic of the Philippines, through the Solicitor General, and the Municipality of Antipolo,through its Municipal Attorney and the Provincial Fiscal of Rizal, filed oppositions to petitioners’application.Petitioners alleged that they have occupied the Lot since time immemorial. Their possessionhas been open, public, notorious and in the concept of owners. The Lot was surveyed in thename of Sesinando Leyva, one of their predecessors-in-interest, as early as March 22, 1902.
ISSUES:
Whether petitioners have registrable title over the Lot.
HELD:
Under the Regalian Doctrine, all lands of the public domain as well as all natural resourcesbelong to the State. Watersheds are considered natural resources which are not susceptible ofoccupancy, disposition, conveyance or alienation. The statute of limitations with regard to publicland does not operate against the State
What kind of land can be transferrable to a private title?
Alienable and disposable
