regalian doctrine

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Under the Regalian doctrine, all lands of whatever classification and other natural resources not otherwise appearing to be clearly within private ownership are presumed to belong to the State which is the source of any asserted right to ownership of land. Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain. Property of the public domain is beyond the commerce of man and not susceptible of private appropriation and acquisitive prescription. Occupation thereof in the concept of owner no matter how long cannot ripen into ownership and be registered as a title. Regional Trial Courts have plenary jurisdiction over land registration proceedings and over all petitions filed after original registration of titles.The registration court may now hear both contentious and non-contentious cases. But first level courts may be delegated by the Supreme Court to hear and decide cadastral and land registration cases (a) covering lots without controversy or opposition, or (b) contested lots where the value does not exceed P100,000.00. Section 19 of BP Blg. 129 confers jurisdiction on the RTC over “all civil actions which involve the title to or possession of, real property or any interest therein x x x.” Lands of the public domain are classified into (1) agricultural, (2) forest or timber, (3) mineral lands, and (4) national parks. With the exception of agricultural lands, all other natural resources shall not be alienated. ( Secs. 2 and 3, Art. XII, Constitution. ) Property is either of public dominion or of private ownership. ( Art. 419, Civil Code. )

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Regalian Doctrine

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Page 1: Regalian Doctrine

Under the Regalian doctrine, all lands of whatever classification and other natural resources not otherwise appearing to be clearly within private ownership are presumed to belong to the State which is the source of any asserted right to ownership of land. Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the State remain part of the inalienable public domain. Property of the public domain is beyond the commerce of man and not susceptible of private appropriation and acquisitive prescription. Occupation thereof in the concept of owner no matter how long cannot ripen into ownership and be registered as a title.

Regional Trial Courts have plenary jurisdiction over land registration proceedings and over all petitions filed after original registration of titles.The registration court may now hear both contentious and non-contentious cases.

But first level courts may be delegated by the Supreme Court to hear and decide cadastral and land registration cases (a) covering lots without controversy or opposition, or (b) contested lots where the value does not exceed P100,000.00.

Section 19 of BP Blg. 129 confers jurisdiction on the RTC over “all civil actions which involve the title to or possession of, real property or any interest therein x x x.”

Lands of the public domain are classified into (1) agricultural, (2) forest or timber, (3) mineral lands, and (4) national parks. With the exception of agricultural lands, all other natural resources shall not be alienated. ( Secs. 2 and 3, Art. XII, Constitution. )

Property is either of public dominion or of private ownership. ( Art. 419, Civil Code. )

The following things are property of public dominion: (1) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads and others of similar character; (2) Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth.( Art. 420, )

The following properties are outside the commerce of men and may not be disposed of or registered: lands for public use or public service, forest lands, mineral, foreshore lands, swamplands, mangrove lands, watershed, rivers and creeks, seashore, reclaimed and public reservation.

Under Section 14, PD No. 1529, the following may apply for registration:

Page 2: Regalian Doctrine

(1) Those who by themselves or their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.

(2) Those who have acquired ownership of private lands by prescription under the provisions of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or acquired under existing laws;

(4) Those who have acquired ownership of land in any other manner provided for by law.

On the basis of their capacity “to acquire or hold lands of the public domain,” the following may acquire private lands: (1) Filipino citizens;

(2) Filipino corporations and association as defined in Section 2, Article XII of the Constitution; and, by exception, (3) Aliens but only be hereditary succession; and (4) A natural-born citizen of the Philippines who has lost his citizenship can both “acquire” or “hold” lands of the public domain, the limitation being up to a maximum of 5,000 square meters if urban land, or 3 hectares if rural land. (Sec. 8, Art. XII, Constitution; RA No. 7042, as amended by RA No. 8179. )

The constitutional ban against foreigners applies only to ownership of Philippine land and not to the improvements built thereon. Land cannot sold to an alien and is allowed to recover the money spent for the purchase thereof. The provision on unjust enrichment does not apply if the action is proscribed by the Constitution. (Beumer v. Amores, GR No. 195670, Dec. 3, 2012, )

A private corporation may not hold alienable lands of the public domain except by lease not to exceed 1,000 hectares. (Sec. 3, Art. XII, Constitution. )

The rule does not apply where at the time the corporation acquired the land, the same was already private land as when it was possessed by its predecessor in the manner and for such length of time as to entitle the latter to registration. (Republic v. Intermediate Appellate Court and ACME, 146 SCRA 509. )

If the predecessors-in-interest of the corporation have been in possession of the land in question since June 12, 1945, or earlier, then it may rightfully apply for confirmation of title to the land. (85Republic v. Iglesia ni Cristo, GR No. 180067, June 30, 2009, 591 SCRA 438. )

In Director of Lands v. Intermediate Appellate Court and Acme, 86GR No. 73002, Dec. 29, 1986

Page 3: Regalian Doctrine

it was held that a private corporation may apply for judicial confirmation of the land without need of a separate confirmation proceeding for its predecessors-in-interest first.

Tax declarations and payment of taxes are not conclusive proof of ownership but have strong probative value when accompanied by proof of actual possession or supported by other effective proof.( Tan v. Republic, GR No. 177797, Dec. 4, 2008; )

Declaring land for taxation purposes and visiting it every once in a while do not constitutes acts of possession. 112Director of Lands v. Intermediate Appellate Court, 209 SCRA 214 Tax declarations are not evidence of the right of possession unless supported by the other effective proof. But they constitute proof that the holder has claim of the title over the property. (Municipality of Antipolo v. Zapanta, 133 SCRA 820; Masagana v. Argamora, 109 SCRA 53; Director of lands v. Reyes, 68 SCRA 177 )