A. Regalian Doctrine (Const., Art. XII, Sec. 2)

Regalian Doctrine

Under the Regalian doctrine, all lands of the public domain belong to the State, which is the source of any asserted right to ownership of land. 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 natural resources belong to the state. With the exception of agricultural lands, all other natural resources shall not be alienated. (Sec. 2, Article XII, 1987 Constitution)

All lands of whatever classification and other natural resources not otherwise appearing to be clearly within private ownership are presumed to belong to the State which is the source of any asserted right to ownership of land. (Republic v. Sin, G.R. No. 157485, March 26, 2014)(Leonidas v. Vargas, G.R. No. 201301, December 14, 2017)

Jura regalia means that the State is the original proprietor of all lands and the general source of all private titles. All claims of private title to land, save those acquired from native title, must be traced from some grant, whether express or implied, from the State. Absent a clear showing that the land had passed into private ownership through the State’s imprimatur, such land is presumed to belong to State. (Republic v. Santos, G.R. No. 180027, July 18, 2012)

The word “agricultural land” as used in the constitutional provision is a generic term excluding timber and mineral land. It includes agricultural land proper as well as residential, industrial, and commercial land.

Anyone who applies for confirmation of imperfect title has the burden of proof to overcome the presumption that the land sought to be registered forms part of public domain.

An applicant must prove that the land is alienable and disposable and that the applicant or predecessors-in-interest meet the applicable requirements for possession and occupation. (P.D. No. 1529, Sec. 14; C.A. No. 141, Sec. 48, as amended by R.A. No. 11573; Republic v. Santos, G.R. No. 180027, July 18, 2012)

The Public Land Act or C.A. 141, until this day, is the existing general law governing the classification and disposition of lands of the public domain, except for timber and mineral lands. "Under the Regalian doctrine embodied in our Constitution, land that has not been acquired from the government, either by purchase, grant, or any other mode recognized by law, belongs to the State as part of the public domain."(Republic v. Jaralve, G.R. No. 175177, Oct. 24, 2012 citing Republic v. Heirs of Juan Fabio, G.R. No. 159589, Dec. 23, 2008)

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, and the applicant may also secure a certification from the Government that the lands applied for are alienable and disposable. (Aranda v. Republic, G.R. 172331, 2011)

When Conclusively Presumed to Have Performed All Conditions Essential to a Government Grant by Operation of Law

• Those who by themselves or through their predecessors-in-interest have been in OPEN, CONTINUOUS, EXCLUSIVE, AND NOTORIOUS possession and occupation under bona fide claim of ownership for at least 20 YEARS immediately preceding the filing of the application for confirmation of title EXCEPT when prevented by war or force majeure.
• Land is of public domain and is alienable and disposable.
• Land is not covered by existing certificates of title or patents.

Mineral Lands

Mineral lands means any land where mineral resources are found. Mineral resources, on the other hand, mean any concentration of mineral/rocks with potential economic value. (Sec. 3, R.A. No. 7942)

NOTE: Mineral resources are owned by the State and the exploration, development, utilization, and processing thereof shall be under its full control and supervision. The State may directly undertake such activities or it may enter into mineral agreements with contractors. (Sec. 4, R.A. No. 7942)

Possession of mineral land, no matter how long, does not confer possessory rights. Thus, a certificate of title is void when it covers property of public domain classified as mineral lands. Any title issued over non-disposable lots, even in the hands of alleged innocent purchaser for value, shall be cancelled. (Lepanto Consolidated Mining Co. v. Dumyung, G.R. No. L-31666, 30 Apr. 1979)

Ownership of land does not extend to mineral underneath. The Regalian doctrine reserves to the State all minerals that may be found in public and even private land devoted to agricultural, industrial, commercial, residential, or for any purposes other than mining. (Republic v. CA, G.R. No. 45859, 28 Sept. 1938)