LAW ON NATURAL RESOURCES

CHAPTER III- CONSTITUTIONAL PROVISION ON DISPOSITION OF

LANDS OF PUBLIC DOMAIN

Group #1:
1. Marco Antonio Luigi B. Tabios
2. Maria Elaine Llarina
3. Dr. Felylou Altura-Fernandez

LAW ON NATURAL RESOURCES

CHAPTER III- CONSTITUTIONAL PROVISION ON DISPOSITION OF LANDS
OF PUBLIC DOMAIN
Lands of the Public Domain, Defined
That property belongs to the public domain means that it is
destined to public use or which belongs exclusively to the State
without being devoted to common use or which is destined to
some public service or to the development of the national
resources and of mines until transferred to private persons
(Tipton vs Andueza, 5 Phil 479)
Public domain means ownership by the public in general, in
that not even the State or its subdivision may make lands
redeemed from the sea object of commerce. (Tarlac
Corporation vs City of Manila, June 30, 1975)
Disposition of land of the public domain
Alienable and disposable lands of the public domain
- lands of public domain which have been the subject of
the present system of classification and declared as not
needed for forest purposes
(Sec. 3, Revised Forestry Code)

Classification of lands (Sec. 3, Article XII of 1987 Philippine

Constitution) (FAMN)
1.
2.
3.
4.

Agricultural; - only this type of land that is alienable

Forest or timber;
Mineral lands;
National parks.

Constitutional Provisions
Section 2, Article XII (1987 Philippine Constitution)
- The Constitution declares that all lands of the public domain
and all other natural resources of the Philippines are owned by
the State.
Section 2, Article XII (1987 Philippine Constitution)
- This section prohibits the transfer pr conveyance to aliens of
private lands
EXCEPTION: Article 12, Section 7 (Hereditary Succession)

Article XII, Section 3 (1987 Philippine Constitution)

- Classification of Lands
Agricultural;
Forest or timber;
Mineral lands;
National parks.
Article XII, Section 7 (1987 Philippine Constitution)
- Save in cases of hereditary succession, no private lands
shall be transferred or conveyed except to individuals,
corporations, or associations qualified to acquire or hold lands
of the public domain.
Case: Chavez vs Public Estates Authority
The main issue is whether or not a joint venture agreement
for the transfer to AMERI of lands, reclaimed or to be reclaimed
from the sea, violates the Constitution.

SPANISH LAW OF WATERS 1866

first law governing ownership & disposition of reclaimed lands
in the Philippines
Philippine Commission ACT. NO. 1654
- provided for lease, but NOT sale of reclaimed lands of
government to corporations and individuals
shores, bays, coves, inlets & all waters within maritime zone of
Spanish territory belonged to public domain for public use
allowed reclamation of sea under SECTION 5
SECTION 5: Lands reclaimed from the sea done by the state,
provinces, pueblos, or private persons, with proper permission shall
become property of party constructing work, unless provided by
terms of grant of authority.
Land reclaimed from sea belonged to party undertaking
reclamation, provided, government issued permit & did not
reserve ownership to the state

ART. 339 of CIVIL CODE of 1889

PROPERTY OF PUBLIC DOMINION:
property devoted to public use
property devoted to public service (open only to those
authorized to use property)
property not used but employed to develop national wealth

ART. 341 of CIVIL CODE of 1889

RECLASSIFICATION of PROPERTY of PUBLIC Dominion into PRIVATE
PROPERTY:
Not self-executing
Legislative or executive department pursuant to law, must
declare the property no longer needed for public use or
territorial defense before government could lease or alienate
property to private parties
PHILIPPINE COMMISSION enacted ACT NO. 1654 - May 8, 1907
Regulated lease of reclaimed and foreshore land
Government should retain title to all lands reclaimed by the
government
Vested in the government control and disposition of foreshore
lands
Private parties could lease lands reclaimed by government
only if these lands were no longer needed for public purpose
Mandated public bidding in the lease of government
reclaimed lands
Government reclaimed lands remained as sui genesis
Did NOT repeal Sec. 5 of Spanish Law of Waters of 1866
Did NOT prohibit private parties from reclaiming parts of sea
under Sec. 5 of Spanish Law of Waters
Lands reclaimed from the sea by private parties with the
governments permission, remained private lands

ACT NO. 2874 of the PHILIPPINE LEGISLATURE PUBLIC LAND ACT November 29, 1919
SECTION 6
Authorized Governor General to classify lands of public
domain into alienable or disposable , timber and mineral lands
SECTION 7
Empowered governor general to declare from time to time
declare what lands are open to disposition or concession
SECTION 8
Limited alienable lands only to those lands which have been
officially delimited or classified
SECTION 56
Lands disposable under this title shall be classified as:
a. Lands reclaimed by the government by dredging, filling or
other means
b. foreshore
c. marshy land or lands covered with water bordering upon
the shores or banks of navigable lakes and rivers
d. other lands which must be suitable for residential,
commercial, industrial or other productive non-agricultural
purposes
Governor- General has the power to classify inalienable lands
of public domain to disposable lands of public dominion
Empowered the Governor-General to classify further such
disposable lands of public domain into government reclaimed,
foreshore or marshy lands of public domain as well as nonagricultural lands

SECTION 58
Mandated that disposable lands of public domain, classified
as government reclaimed, foreshore and marshy lands shall
be disposed to private parties by lease only and not otherwise.
Governor- General must first declare that lands were not
necessary for public service
ACT NO. 2874
Reiterated State Policy NOT to sell but LEASE only government
reclaimed lands
- Ownership remained sui genesis
- Did not authorize reclassification of government reclaimed
(SEC 56, D)
- Government could not sell reclaimed lands, unless the
legislature passed a law allowing their sale
- Did NOT prohibit private parties from reclaiming parts of sea
- Land reclaimed from sea by private parties with government
permission remained private lands

COMMONWEALTH ACT 141: PUBLIC LAND ACT Approved by the

National Assembly
(Nov. 7, 1936)
Authorized lease but NOT sale of reclaimed lands of
government to corporations and individuals
Still the general law governing classification & disposition of
lands of public domain until today

1935 CONSTITUTION MAY 14, 1935

Section 1 Article XIII:
Prohibited alienation of all natural resources except public
agricultural lands
Foreshore lands considered part of the States natural resources
and therefore inalienable, available only for lease for 25 years,
renewable for another 25 years
Foreshore lands can only be alienable after these lands were
reclaimed and classified as alienable agricultural lands of
public domain
Government reclaimed and marshy lands could only be leased
and not sold to private parties because of Act 2874
Did not prohibit individuals and corporations from acquiring
government reclaimed and marshy lands of public domain
that were classified as agricultural lands under existing public
land laws

1973 CONSTITUTION JANUARY 17, 1973

Limited alienation of lands of public domain to individuals who
were citizens of the Philippines
Corporations even if wholly owned by Filipinos, NO longer
allowed to acquire alienable land of public domain
Public corporations could hold alienable lands of public
domain only through lease

References :
Agpalo, R.: The Law on Natural Resources. 2006. REX
Bookstore.
Albano III, EV: Land Titles and Deeds. 2010.
and Associates

Albano

De Leon, H.: Textbook on the Philippine Constitution. 2008.

REX Bookstore