What is the concept of the regalian doctrine?

REGALIAN DOCTRINE OF PROPERTY OWNERSHIP – is a legal principle that holds that all natural wealth – agricultural, forest, timber and mineral lands of the Public Domain and all other natural resources belong to the State.

Is regalian doctrine a perfect marginalization tool in Philippine law?

– The failure of the state to recognize and protect customary property rights has been a recurrent theme in Philippine land law/ – Regalian doctrine is a perfect marginalization tool by providing a convenient pretext for the state to ignore property rights based on long term original long- term occupancy and possession …

What is the meaning of alienable and disposable land?

(c) Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest, mineral purposes or national parks.

Who can classify lands in the Philippines?

The President
The President, upon the recommendation of the Secretary of Agriculture and Commerce [(now, DENR)], shall from time to time classify the lands of the public domain into — (a) Alienable or disposable, (b) Timber, and (c) Mineral lands, and may at any time and in a like manner transfer such lands from one class to another …

Is the regalian doctrine strictly applied in land ownership?

The results showed that the Regalian Doctrine has been strictly applied and upheld in land ownership.

Does the IPRA law repel the regalian doctrine?

Most of the judges upholding IPRA stated, in opinions consistent with previous jurisprudence, that indigenous land rights predated acquisition of sovereignty by Spain, were private property rights that were never part of the state’s public domain, and therefore were not affected by the Regalian Doctrine.

Does IPRA violate the regalian doctrine?

Sections 7 (a), 7 (b) and 57 of the IPRA do not violate the Regalian Doctrine enshrined in Section 2, Article XII of the 1987 Constitution.

How do you know if land is alienable and disposable?

“A duly signed certification by a duly designated DENR geodetic engineer that the land is part of alienable and disposable agricultural lands of the public domain is sufficient proof that the land is alienable.

What does alienable mean in property law?

When property is considered alienable, that means the property is able to be sold or transferred to another party without restriction. Some properties may be subject to a restraint on alienation, that can prohibit the property owner from transferring or selling the property to another party.

In what provision of the law or the Constitution can we find the regalian doctrine?

After the 1935, Constitution, the 1973 Constitution came and reiterated the Regalian doctrine in Section 8, Article XIV on the “National Economy and the Patrimony of the Nation,” to wit: “Section.