Regalian Doctrine

WHAT IS THE CONCEPT OF JURE REGALIA? (REGALIAN DOCTRINE) > Generally, under this concept, private title to land must be traced to some grant, express or implied, from the Spanish Crown or its successors, the American Colonial Government, and thereafter, the Philippine Republic

> n a broad sense, the term refers to royal rights, or those rights to which the !ing has by virtue of his prerogatives

> "he theory of #ure regalia was therefore nothing more than a natural fruit of con$uest CONNECTED TO THIS IS THE STATE’S POWER OF DOMINUUM > Capacity of the state to own or ac$uire property%foundation for the early Spanish decree embracing the feudal theory of #ura regalia

> "his concept was first introduced through the &aws of the ndies and the Royal Cedulas

> "he Philippines Philippines passed to Spain Spain by virtue virtue of discovery and con$uest' con$uest' Conse$uently Conse$uently,, all lands became the exclusive exclusive patrimony and dominion of the Spanish Crown'

> "he &aw of the ndies was followed by the &ey (ipotecaria or the )ortgage &aw of *+-' "his law provided for the systematic registration of titles and deeds as well as possessory claims

> "he )aura &aw. was partly an amendment and was the last Spanish land law promulgated in the Philippines, which re$uired the ad#ustment or registration of all agricultural lands, otherwise the lands shall revert to the State "A!/ 01"/ "(A" "(/ R/GA&A0 21C"R0/ S /0S(R0/2 0 13R PR/S/0" A02 PAS" C10S""3"10S "(/ *+4 C10S""3"10 PR152/S 302/R 0A"10A& /C101)6 A02 PA"R)106 "(/ 71&&180G% > 9 Section :' All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of  potential energy, fisheries, fisheries, forests or timber, wildlife, wildlife, flora and fauna, and other natural resources are owned by the State' 8ith the exception of agricultural lands, all other natural resources shall not be alienated' "he exploration, development, and utili;ation of natural resources shall be under the full control and supervision of the State' "he State may directly underta Section +' All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State' 8ith the exception of  agricultural, industrial or commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utili;ation of any of the natural resources shall be granted for a period exceeding twentyfive years, except as to water rights for irrigation, water supply, fisheries, or  industrial uses other than development of water power, in which cases, beneficial use may by the measure and the limit of  the grant' "(/ R/GA&A0 21C"R0/ 21/S0@" 0/GA"/ 0A"5/ ""&/' "(S S 0 P3RS3A0C/ "1 8(A" (AS //0 (/&2 0 CR3B 5' S/CR/"AR6 S/CR/"AR6 17 /05R10)/0" A02 0A"3RA& R/S13RC/S > Petitioners challenged the constitutionality of ndigenous Peoples Rights Act on the ground that it amounts to an unlawful deprivation of the States ownership over lands of the public domain and all other natural resources therein, by recogni;ing the right of ownership of CC or Ps to their ancestral domains and ancestral lands on the basis of native title' > As the votes were e$ually divided, the necessary ma#ority wasnt obtained and petition was dismissed and the laws validity was upheld > Justice K!u""# K!u""# Regali Regalian an theory theory doesn doesntt negate negate the native native title title to lands lands held held in privat private e owners ownership hip since since time time immemorial, adverting to the landmar< case of CAR01 5' &1CA& G15/R0)/0", where the 3S SC through (olmes held. 9xxx the land has been held by individuals under a claim of private ownership, it will be presumed to ha ve been held in the same way from before the Spanish con$uest, and never to have been public land' > /xistence of native titie to land, or ownership of land by 7ilipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish crown as an exception to the theory of #ure regalia

> Justice Pu"$. Carino case firmly established a concept of private land title that existed irrespective of any royal grant from the State and was based on the strong mandate extended to the slands via the Philippine ill of *D:' "he PRA recogni;es the existence of CCsEPs as a distinct sector in the society' t grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the extent of these lands and domains > Justice %itu&# Carino cannot override the collective will of the people expressed in the Constitution' > Justice P"&"i'". all 7ilipinos, whether indigenous or not, are sub#ect to the Constitution, and that no one is exempt from its all encompassing provisions REGALIAN DOCTRINE ut first, a pee< at the Regalian principle and the power of the executive to reclassify lands of the public domain' "he *-? Constitution classified lands of the public domain into agricultural, forest or timber'FDH )eanwhile, the *4Constitution provided the following divisions. agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest and gra;ing lands, and such other classes as may be provided by law,F*H giving the government great leeway for classification'F:H "hen the *+4 Constitution reverted to the *-? Constitution classification with one addition. national par