CIVIL LAW > XIII. LAND TITLES AND DEEDS > B. Regalian Doctrine

I. INTRODUCTION TO THE REGALIAN DOCTRINE

The Regalian Doctrine is a fundamental principle in Philippine land law, rooted in the Spanish colonial legal system and embedded in the 1987 Philippine Constitution. It asserts that all lands of the public domain belong to the State, and private ownership must be proven by clear and convincing evidence. The doctrine establishes that the State retains ultimate ownership over lands unless ownership is legally transferred to individuals or entities under the law.

This principle is codified in the 1987 Philippine Constitution, specifically in Article XII, Section 2, which states:

"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."

II. LEGAL BASIS AND HISTORICAL ORIGINS

Spanish Era (Royal Proclamation of 1894)
- The Regalian Doctrine originates from the Spanish concept of Jura Regalia, which recognizes the Spanish Crown as the ultimate owner of all lands and natural resources in its colonies.
- Indigenous lands were considered part of the public domain unless granted through titles such as composicion con el estado or titulo real.
American Period
- The principle was carried over during the American colonization through the Philippine Bill of 1902, the Public Land Act of 1903 (Act No. 926), and subsequent laws reaffirming the State's ownership over unregistered lands.
- Judicial precedent, such as Cariño v. Insular Government (1909), addressed indigenous claims but largely upheld the State's primacy under the doctrine.
Constitutional Entrenchment
- The doctrine was explicitly enshrined in:
  - 1935 Constitution (Article XIII, Section 1)
  - 1973 Constitution (Article XIV, Section 8)
  - 1987 Constitution (Article XII, Section 2)

III. LEGAL IMPLICATIONS OF THE REGALIAN DOCTRINE

Ownership of Lands
- All lands of the public domain belong to the State unless:
  - They are classified as alienable and disposable (A&D);
  - Ownership is proven through a grant, sale, or other legal modes of acquisition; or
  - They are subject to vested rights or recognized private ownership.
Presumption of State Ownership
- Lands are presumed to belong to the public domain unless:
  - They are covered by a Torrens title; or
  - They are classified as alienable lands and acquired through long possession and occupation under the law.
Classification of Lands of the Public Domain The State classifies lands into the following categories:
- Alienable and Disposable Lands (A&D): These are lands that the State has declared open for private ownership or disposition.
- Forest Lands: Lands that are not available for private ownership but are reserved for public or environmental use.
- Mineral Lands: Reserved for State use, particularly for mining and energy development.
- National Parks and Reserves: Permanently reserved for public enjoyment and environmental conservation.
Modes of Acquiring Ownership
- Judicial Confirmation of Imperfect Title: Under the Public Land Act (CA 141), individuals who have occupied A&D lands openly, continuously, and in good faith for at least 30 years may apply for a title.
- Free Patent and Homestead Patent: Grants issued by the government to qualified applicants for lands that have been classified as A&D.
- Agrarian Reform: Redistribution of agricultural lands under laws such as the Comprehensive Agrarian Reform Program (CARP).
- Ancestral Domain and Lands: Recognized under RA 8371 (Indigenous Peoples' Rights Act), provided indigenous communities establish claims through historical and cultural evidence.
Exclusion of Certain Lands from Private Ownership
- Lands classified as forest, mineral, or public use areas cannot be subject to private ownership.
- The Supreme Court in Heirs of Amunategui v. Director of Forestry (1989) emphasized that forest lands remain inalienable regardless of occupation or improvements.

IV. JURISPRUDENCE ON THE REGALIAN DOCTRINE

Cariño v. Insular Government (1909)
- A landmark case recognizing ancestral domain rights under indigenous laws while affirming the presumption of State ownership.
Director of Lands v. CA (1988)
- Reiterated that lands of the public domain are presumed to belong to the State unless alienated by a positive act.
Republic v. Court of Appeals and Naguit (2005)
- Clarified that for private ownership claims over A&D lands, there must be express declaration by the State that the land is alienable.
Republic v. Vega (2012)
- Emphasized the burden of proof on individuals claiming ownership over lands of the public domain, requiring substantial evidence such as survey plans and certifications.
Republic v. Cosalan (2016)
- Affirmed the continuing applicability of the Regalian Doctrine in cases involving untitled lands.

V. EXCEPTIONS TO THE REGALIAN DOCTRINE

Ancestral Domains and Lands
- Protected under the IPRA (RA 8371), which recognizes indigenous peoples' rights to lands historically occupied.
- Claims must be validated through a Certificate of Ancestral Domain Title (CADT) or Certificate of Ancestral Land Title (CALT).
Land Registration
- Lands registered under the Torrens system are no longer part of the public domain, provided registration complies with the law.
Special Grants or Patents
- Lands transferred via special laws (e.g., friar lands under Act No. 1120) or government grants.

VI. IMPACT AND POLICY IMPLICATIONS

Land Ownership Disputes
- The Regalian Doctrine is central in adjudicating cases involving conflicting claims between private individuals and the State, indigenous peoples, and the government.
Environmental and Conservation Policies
- The doctrine supports environmental preservation by maintaining the State's control over forest lands, protected areas, and resources.
Agrarian Reform and Redistribution
- Ensures equitable distribution of A&D lands to promote social justice while balancing the State’s regulatory oversight.

VII. CONCLUSION

The Regalian Doctrine remains a cornerstone of Philippine land law, underscoring the State's role as the primary steward of the nation's lands and resources. While the principle upholds public domain preservation, its application has evolved to include exceptions that balance the rights of indigenous peoples, private landowners, and environmental interests. Understanding its nuances is critical for resolving land disputes and ensuring sustainable development within the constitutional framework.