Professional Documents
Culture Documents
Constitution, 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 appearing to be clearly within private
ownership are presumed to belong to the State. Unless public land is shown to have been
reclassified or alienated to a private person by the State, it remains part of the inalienable
public domain. To overcome this presumption, incontrovertible evidence must be established
that the land subject of the application is alienable or disposable.[15]
To prove that the land subject of an application for registration is alienable, an applicant
must establish the existence of a positive act of the government such as a presidential
proclamation or an executive order; an administrative action; investigation reports of Bureau
of Lands investigators; and a legislative act or a statute.[16] The applicant may also secure
a certification from the Government that the lands applied for are alienable and disposable.
[17]
> 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
utilization
HAD
ITS
ROOTS
IN
THE
1935
WHICH 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 per centum 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
DOCTRINE
CONSTITUTION
REITERATED
THE
REGALIAN
AS
FOLLOWS
> Section 8. 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. 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 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.