Political and Public International Law › National Economy and Patrimony

A. Regalian Doctrine

To Acquire and Sell Property

Properties of the public dominion devoted to public use and made available to the public in general are outside the commerce of persons and cannot be disposed of or leased by the LGU to private persons. (Macasiano v. Diokno, G.R. 97764, 1992).

Pursuant to the regalian doctrine, any land that has never been acquired through purchase, grant or any other mode of acquisition remains part of the public domain and is owned by the State. LGUs cannot appropriate to themselves public lands without prior grant from the government. (Rural Bank of Anda v. Roman Catholic Archbishop Of Lingayen·Dagupan, G.R. 155051, 2007).

Authorities

  • Macasiano v. Diokno, G.R. No. 97764, 10 August 1992
  • Rural Bank of Anda, Inc. v. Dagupan, G.R. No. 155051, 29 May 2007