Regalian Doctrine

All lands of 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.
Basic in the law of natural
resources is Jura Regalia or Regalian
doctrine. Enshrined in the
Constitution, it simply means that all
natural resources are owned by the
State
A positive act declaring land as
alienable and disposable is required. In
keeping with the presumption of State
ownership, the Court has time and
again emphasized that there must be a
positive act of the government, such as
an official proclamation, declassifying
inalienable public land into disposable
land for agricultural or other purposes
Ancestral Domain as exception to
Regalian Doctrine like RA
8371(Indigenous Peoples Rights Act of
1997) , our national culture exhibits
only the last vestiges of this native
culture.

Constitution
Article I:National Territory
All islands and waters embraced therein
All other territories where Philippines
have sovereignty or jurisdiction
The terrestrial, fluvial and aerial
domans territorial sea, seabed, subsoil,
insular shelves and other submarine
areas and internal waters
Article II:Declaration of State and
Principles

Section 15. The State shall protect and
promote the right to health of the
people and instill health consciousness
among them.

Section 16. The State shall protect and
advance the right of the people to a
balanced and healthful ecology in
accord with the rhythm and harmony of
nature.

Art. XII , Sections 2 & 5
NATIONAL ECONOMY AND PATRIMONY
Sec 2:
3.Alienable and Disposable Lands :
Classification
To prove that the land subject of the
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
statute.] The applicant may secure a
certification from the government that
the lands applied for are alienable and
disposable, but the certification must
show that the DENR Secretary had
approved the land classification and
released the land of the pubic domain
as alienable and disposable, and that
the land subject of the application for
registration falls within the approved
area per verification through survey by
the PENRO or CENRO.[10] The applicant
must also present a copy of the original
classification of the land into alienable
and disposable, as declared by the
DENR Secretary or as proclaimed by the
President

4.Natural Resources-
any materialfrom nature having
potential economic value
orproviding for the sustenance
of life, such as timber,minerals,
oil, water and wildlife.
Importance:
Relevant Laws
Commonwealth act no. 141t was
amended by
Commonwealth Act No.141which
remains the present Public
LandLaw.Grants of public land were
brought underthe operation of
theTorrens Systemunder Act 496
which placed all public and privatelands
in the Philippines under the
Torrenssystem, requiring that the
government issuean official certificate
of title attesting to thefact that the
person named is the owner of the
property described
IPRA law: Ancestral Domains and
Ancestral Landsare the Private Property
of the IndigenousPeoples and do not
constitute Part of theLand of Public
Domain
-Ancestral domains-ICC/IPP all areas
sunce time immemorial,
CONTINUOUSLY until present except
when interrupted by war or force
majeure.
-Ancestral lands-same conditions as
ancestral domains except these are
limited to LANDS they are occupied,
possessed and utilized