REGALIAN DOCTRINE

All lands not otherwise appearing to be clearly within private ownership are presumed to belong
to the State. Thus, all lands that have not been acquired from the government, either by purchase or by
grant, belong to the State as part of the inalienable public domain. Necessarily, it is up to the State to
determine if lands of the public domain will be disposed of for private ownership. The government, as
the agent of the state, is possessed of the plenary power as the persona in law to determine who shall
be the favored recipients of public lands, as well as under what terms they may be granted such
privilege, not excluding the placing of obstacles in the way of their exercise of what otherwise would be
ordinary acts of ownership.
Our present land law traces its roots to the Regalian Doctrine. Upon the Spanish conquest of the
Philippines, ownership of all lands, territories and possessions in the Philippines passed to the Spanish
Crown. The Regalian doctrine was first introduced in the Philippines through the Laws of the Indies and
the Royal Cedulas, 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.
In sum, private ownership of land under the Spanish regime could only be founded on royal
concessions which took various forms, namely: (1) titulo real or royal grant; (2) concesion especial or
special grant; (3) composicion con el estado or adjustment title; (4) titulo de compra or title by
purchase; and (5) informacion posesoria or possessory information title.
WHAT IS THE CONCEPT OF JURE REGALIA?(REGALIAN DOCTRINE)
> Generally, under this concept, private title to land must be traced to somegrant, express or implied,
from the Spanish Crown or its successors, the AmericanColonial Government, and thereafter, the
Philippine Republic> In a broad sense, the term refers to royal rights, or those rights to which theKing
has by virtue of his prerogatives> The theory of jure regalia was therefore nothing more than a natural
fruit of conquest
CONNECTED TO THIS IS THE STATES POWER OF DOMINUUM
> Capacity of the state to own or acquire property - foundation for the early Spanish decree embracing
the feudal theory of jura regalia
> This concept was first introduced through the Laws of the Indies and the Royal Cedulas
> The Philippines passed to Spain by virtue of discovery and conquest. Consequently, all lands became
the exclusive patrimony and dominion of the Spanish Crown.
> The Law of the Indies was followed by the Ley Hipotecaria or the Mortgage Lawof 1893. This law
provided for the systematic registration of titles and deeds aswell as possessory claims




> The Maura Law: was partly an amendment and was the last Spanish land law promulgated in the
Philippines, which required the adjustment or registration of all agricultural lands, otherwise the lands
shall revert to the State
TAKE NOTE THAT THE REGALIAN DOCTRINE IS ENSHRINED IN OUR PRESENT ANDPAST CONSTITUTIONS
THE 1987 CONSTITUTION PROVIDES UNDER NATIONALECONOMY AND PATRIMONY THE FOLLOWING
> Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-
five years, and under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.
> The abovementioned provision provides that except for agricultural lands for public domain which
alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must
remain with the State, the exploration, development and utilization of which shall be subject to its full
control and supervision albeit allowing it to enter into coproduction, joint venture or production-sharing
agreements, or into agreements with foreign-owned corporations involving technical or financial
assistance for large-scale exploration, development, and utilizatio
THE 1987 PROVISION HAD ITS ROOTS IN THE 1935 CONSTITUTIONWHICH PROVIDES
> Section 1. All agricultural timber, and mineral lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy and other natural resources of the
Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be
limited to citizens of the Philippines or to corporations or associations at least sixty percentum of the
capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the
time of the inauguration of the Government established under this Constitution. Natural resources, with
the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for
the exploitation, development, or utilization of any of the natural resources shall be granted for a period
exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for
irrigation, water supply, fisheries, or industrial uses other than the development of water power,in
which cases beneficial use may be the measure and limit of the grant.
THE 1973 CONSTITUTION REITERATED THE REGALIAN DOCTRINEAS FOLLOWS
> Section 8. All lands of public domain, waters, minerals, coal, and petroleum other mineral oils, all
forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to
the State. With 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 utilization of any of the natural resources shall be granted for a period exceeding
twenty-five 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. THE REGALIAN DOCTRINE DOESN'T NEGATE NATIVE TITLE. THIS IS IN PURSUANCETO WHAT
HAS BEEN HELD IN CRUZ V. SECRETARY OF ENVIRONMENT ANDNATURAL RESOURCES
> Petitioners challenged the constitutionality of Indigenous Peoples Rights Act on the ground that it
amounts to an unlawful deprivation of the States ownership over lands of the public domain and all
other natural resources therein, by recognizing the right of ownership of ICC or IPs to their ancestral
domains and ancestral lands on the basis of native title.
> As the votes were equally divided, the necessary majority wasnt obtained and petition was dismissed
and the laws validity was upheld
>Justice Kapunan: Regalian theory doesnt negate the native title to lands held inprivate ownership
since time immemorial, adverting to the landmark case of CARINO V. LOCAL GOVERNMENT Regalian
doctrine
Regalian doctrine - All lands of the public domain belong to the State, which is the source of any
asserted right to ownership of land. All lands not otherwise appearing to be clearly within private
ownership are presumed to belong to the State. All lands not otherwise clearly appearing to be
privately-owned are presumed to belong to the State. REGALIAN DOCTRINE But first, a peek at the
Regalian principle and the power of the executive to reclassify lands of the public domain. The 1935
Constitution classified lands of the public domain into agricultural, forest or timber. Meanwhile, the
1973 Constitution provided the following divisions: agricultural, industrial or commercial, residential,
resettlement, mineral, timber or forest and grazing lands and such other classes as may be provided
bylaw, giving the government great leeway for classification. Then the 1987Constitution reverted to the
1935 Constitution classification with one addition: national parks. Of these, only agricultural lands may
be alienated.