Shauna Herrera and Monica Delos Reyes
LAND TITLES AND DEEDS-J. SERRANO 2012
Lecture Notes #1
June 21, 2012
Regallan Doctrine (Jura Regalla)
-translated as Royal Right-
land ownership emanates from the State
How did this doctrine come about: because of the Spanish conquest.King of Spain proclaimed ownership over alllands in the Philippines so that private landtitles can only be acquired from the governmenteither by PURCHASE or by GRANT.Forms of Grant by the State:1.
Titulo Royale (Royal Grant)2.
Concession Espesyal (Special Grant)3.
Composisyon Un Estado (AdjustmentTitle)4.
Titulo de Compra (Title by Purchase)5.
Processory Information TitleRD was adapted and enforced by the King of Spain
Aspects of the Regallan Doctrine:1.
All lands of the public domain belong to the State2.
Private Land Ownership or Titlemust emanate from the State by some form of Purchase or Grant3.
State is the source of any assertedright to ownership of land (andcharge in the concentration of such patrimony)4.
All lands not otherwise appearingto be clearly within privateownership are presumed to belongto the StateConstitutional Basis for the RegallanDoctrine? YES
.1987 Constitution Art12 Sec2National Economy and Patrimony
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
. All lands of the public domain are owned by theState!1935 Constitution1973 Constitution Art14 Sec8
Exceptions to the rule that in order that aperson may claim ownership over aparcel of land
:*There must be a document showing that thereis a government grant or grant by the State1.
The Regallan Doctrine does not negatenative title to lands held in ownershipsince time in memorial (J. Kapunan,Cruz vs Sec. of Naturall Resources2000)Basis?
Carino vs Insular Government
.Reversed the decision of the PhilippineSupreme Court, decided by the US SC.Penned by Justice Oliver WendellHolmes: In carino case, igorot, MatteoCarino, applied for the registration of hisname of an ancestral land located inBenguet. The applicant established thathe and his ancestors have lived on theland, had cultivated it and had used it asfar as they could remember. They alsoproved that they had all been recognizedas owners, the passed by inheritanceaccording to native custom but nodocument from the Spanish crowd.Government opposed the application forregistration invoking the theory of
, Regallan Doctrine. On appeal,United States SC held that applicant wasentitled to native title to their ancestralland.Justice Kapunan: Carino case wasdecided by the US SC in 1909 at the time when decisions of US were binding aspresident in our jurisdiction.SC applied in the Carino doctrine in the1946 case of
Ocho vs Director of Lands
Any land that should have been inthe possession of an occupant and of his predecessors in interest since time in memorial
Purpose: Such possession would justify the presumption that :
the land had never been part of the public domain;