4.
The Regalian doctrine (Concept)
Sec. 2, Art. XII, Constitution
Regalian Doctrine vs. Native Title
Sec. 2, Art. XII, Constitution
SECTION 2. 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. With the exception of agricultural lands,
all other natural resources shall not be alienated. The exploration, development, and utilization
of natural resources shall be under the full control and supervision of the State. The State may
directly undertake such activities, or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in
rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of
the country. In such agreements, the State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution
Regalian Doctrine vs. Native Title
Regalian Doctrine:
● All lands of whatever classification and other natural resources not otherwise appearing
to be clearing within private ownership belong to the State.
● State is the source of any asserted right of ownership over the land.
● Presumption: Public lands not shown to have been reclassified or released as
5. PD 892 – Spanish titles no longer used as evidence of ownership
alienable agricultural land or alienated to private persons by State remain part of the
Cases: Republic v. Remna Enterprises, Inc. GR 199310, Feb 19, 2014
alienable public domain.
○ To overcome the presumption: showing that the title from the State or
any other mode recognized by incontrovertible evidence.
Jura Regalia
● Private title to land must be traced to some grant, express or implied, from the
Spanish Crown or its successors, American Colonial government and Philippine
Republic.
● It refers to royal rights or those which the King has by virtue of his prerogatives.
● Right of the sovereign has over anything
● State is the original proprietor of lands and is the general source of all private titles
● Spanish crown is the origin of all lands in the Philippines.
● Theory of Feudal System:
○ Title to all lands originally held by the King while the use of lands was
granted out to others.
○ King retained ownership.
● Basis of theory: capacity of the State to own or acquire property is the State’s
power of dominium.
Doctrine reflected in the Constitution
● The Constitution embodies the principle of State ownership of land and all other
natural resources in Sec. 2 of Art. XII (Natural Economy and Patrimony)
● 1935 Consti: principle of State ownership of natural resources and the adoption of
Regalian Doctrine (Art. XIII Conversion and Utilization of Natural Resources)
○ Express declaring that all lands of public domain , waters, minerals, forces
of energy belonged to the State
○ Prohibited the alienation of these natural resources
○ Further restriction of disposition, exploitation, development and
utilization - 60% Filipino-owned
● 1975 Consti: Reiterated the Regalian Doctrine in Sec. 8 of Art. XIV.
● 1987 Consti: except for agricultural lands of public domain which can only be
alienated, forest or time and mineral lands and other natural resources remain with
the State.
○ State shall have full control and supervision thru JVA, co-production
agreements or production-sharing agreements.
Regalian Doctrine applied with the Constitutional Provisions on social justice and land reform
● It must be interpreted to avoid manifest unfairness and injustice.
● Every application for concession of public land has to be view in the land of its
particular circumstance.
Regalian doctrine does not negate Native Title
● Carino v. Insular Government: land as been held by individuals under a claim of
private ownership, it will be presumed to have been held in the same way before
the Spanish conquest and never or have been a public land”
○ (XPN to Jura Regalia Doctrine:) Carino case institutionalized the
recognition of existence of native title to land or ownership of land by
Filipinos by virtue of possession under the claim of ownership since time
immemorial and independent of any grant from the Spanish Crown
● IPRA recognizes the existence of IP/ICCs as a distinct sector in Philippines Society
which grants ownership.
Section 3. Status of other pre-existing land registration systems. The system of registration under
the Spanish Mortgage Law is hereby discontinued and all lands recorded under said system
which are not yet covered by Torrens title shall be considered as unregistered lands.
Hereafter, all instruments affecting lands originally registered under the Spanish Mortgage
Law may be recorded under Section 113 of this Decree, until the land shall have been brought
under the operation of the Torrens system.
The books of registration for unregistered lands provided under Section 194 of the Revised
Administrative Code, as amended by Act No. 3344, shall continue to remain in force; provided
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 that all instruments dealing with unregistered lands shall henceforth be registered under
Section 113 of this Decree.
Registration under Spanish Mortgage Law discontinued
● On Feb 16, 1976, PD 892 was issued decreeing the discontinuance of the system
registration under the Spanish Mortgage law and use of Spanish title
● Reason: the system of registration under the spanish law was discontinued because
the recording under the system was obsolete
○ Proliferation of dubious spanish title which have raised conflicting claims
of ownership
● Sec. 3 of PD 1529 provides that the books of registration for unregistered lands
under Sec. 194 of RAC shall continue in force but all instruments dealing with
unregistered land shall be registered under Sec. 113 PD 1529.
● All holders of spanish titles or grants wer should cause their lands to be registered
under Land Registration Act (PD 496)within 6 months for the date of effectivity of
the decree or Aug 16 1976
○ Non-compliance would result in re-classification of their land
● The registration should be made in the property registry to be binding to 3rd
persons.
○ Registration in the LRA has better rights than registration under the Act.
3344 which provided the system of recording transactions over
unregistered real estate without prejudice to 3rd persons.
Spanish titles no longer used evidence as land ownership
● Foundation of spanish decrees on land under theory of jura regalia
○ All lands were under the exclusive dominion of spanish crown
○ Spanish issuance of grant:
1. Royal grant
2. Special grant
3. Title by purchase
4. Possessory information title
5. Gratuitous title
● Spanish titles are different from the present system.
○ Spanish titles may be lost through prescription
○ Not indubitable evidence of ownership
○ Not indefeasible nor imprescriptible
Chapter II Land Registration Authority and Registers of Deeds
1. Land Registration Authority (Sec. 4)
a. Functions (Sec. 6)
SECTION 4. Land Registration Commission. — In order to have a more efficient execution of the
laws relative to the registration of lands, geared to the massive and accelerated land reform
and social justice program of the government, there is created a commission to be known as
the Land Registration Commission under the executive supervision of the Department of
Justice.|||
SECTION 6. General Functions. —
(1) The Commissioner of Land Registration shall have the following functions:
(a) Issue decrees of registration pursuant to final judgments of the courts in
land registration proceedings and cause the issuance by the Registers of
Deeds of the corresponding certificates of title;
(b) Exercise supervision and control over all Registers of Deeds and other
personnel of the Commission;
(c) Resolve cases elevated en consulta by, or on appeal from decision of,
Registers of Deeds;
(d) Exercise executive supervision over all clerks of court and personnel of
the Courts of First Instance throughout the Philippines with respect to
the discharge of their duties and functions in relation to the registration
of lands; (e) Implement all orders, decisions, and decrees promulgated
relative to the registration of lands and issue, subject to the approval of
the Secretary of Justice, all needful rules and regulations therefor;
(e) Verify and approve subdivision, consolidation, and consolidation-
subdivision survey plans of properties titled under Act No. 496 except
those covered by P.D. No. 957.
LRC has been renamed to LRA
● June 17, 1954, RA 1151 created the Land Registration COmmission to provide a
more efficient execution of existing laws relative to registration of land.
● LRC exercised supervision and control over:
○ All RDs
○ clerical and archival system of the CFI throughout the phil
● Headed by a Commissioner and an Assistant Commissioner
○ Appointed by the President with consent of COA
● Commissioner took over all powers of Chief of General Land Registration Office
○ All properties of the General Land Registration Office was transferred to
LRC
● It was remained to LRA pursuant to Sec. 28 Chapter 9 Title III of EO 292 (Admin
Code of 1987)
● Headed by an Administrator
○ Appointed by President upon recommendation of Secretary of
Justice
● Assisted by 2 Deputy Administrator
○ Appointed by President upon recommendation of Secretary of
Justice
● All official of LRA except RD are appointed by Secretary of Justice upon
recommendation of Administrator
● LRA or Pangasiwaan sa Patalaan ng Lupain
○ It is the central repository of records relative to original registration of
lands under Torrens System.
○ Responsible for the issuance of decrees of registration, certificates of title
Functions of LRA
1. Extend speedy and effective assistance to DAR, Land Bank and other agencies in
the implementation of land reform program of government
2. Extend assistance to the courts in ordinary and cadastral land registration
proceedings
3. Central repository of records related to original registration including subdivision
and consolidation of plans of titled land
Functions of Administrator
1. Issue decrees of registration pursuant to final judgment of courts in land registration
proceedings
○ Cause the issuance by the RD of certificate of titles
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 2. Supervision and control over all RD and other personnel of the Commission
3. Resolve cases elevated en consulta by or on appeal from the decision of RD
4. Exercise executive supervision over all clerks of court and personnel of CFI with
respect to duties and functions in relation to land registration
5. Implement orders promulgated to registration of lands
○ Subject to the approval of the SOJ
6. Verify and approve subdivision, consolidation and consolidation-subdivision survey
plans of properties titled under Act. 496 (The Land Registration Act) except those
covered by PD 957
LRA Administrator, an executive officer with judicial rank
● Functions of LRA Administrator are executive and subject to President’s power of
supervision and control
● He can be investigated and removed only by the president not SC
● While Sec. 5 provides that the Commission shall have the same rank and privileges
as those of judges of CFI, his function is executive under the President.
Duty of LRA to issue decree ministerial
● They act under the orders of the court and decree must be in conformity with the
decision of the court
● No discretion as to the matter ordered by the court.
● If in doubt in the preparation and issuance of decree, it is their duty to refer the
matter to the court.
● Act as officials of the court not administrative officials
● Their act is the act of the court.
● Called upon to extend assistance to the courts in ordinary and cadastral land
registration proceedings (Sec. 6 (2) par (b) of PD 1529)
● RD cannot be completed by mandamus to comply with an order of the court for
issuance of a new certificate of title where there are existing TCT over the subject
parcel of land.
2. Office of the Register of Deeds (Sec. 7) – Meaning and Effect of Registration
a. Functions (Sec. 10)
SECTION 7. Office of the Register of Deeds. — There shall be at least one Register of Deeds
for each province and one for each city. Every Registry with a yearly average collection of
more than sixty thousand pesos during the last three years shall have one Deputy Register
of Deeds, and every Registry with a yearly average collection of more than three hundred
thousand pesos during the last three years, shall have one Deputy Register of Deeds and
one second Deputy Register of Deeds.
The Secretary of Justice shall define the official station and territorial jurisdiction of each
Registry upon the recommendation of the Commissioner of Land Registration, with the end
in view of making every Registry easily accessible to the people of the neighboring
municipalities.
The province or city shall furnish a suitable space or building for the office of the Register of
Deeds until such time as the same could be furnished out of national funds
Registry of Property
● Art. 708 provides for the establishment of a Registry of Property which has for it
object the inscription or annotation of acts and contracts relating to the
ownership and other rights over immovable property.
● PD 1529 codified all laws relative to registration of property.
● The registration of instruments must be done in proper registry in order to bind
the land and operate as constructive notice to the world. (Sec. 51 of PD 1529)
● Copy of the original certificate of title shall be filed with RD,
● Each RD shall keep a primary entry book where all cinsiturtment including copies
of writ and processes related to registration be
● entered in order of their filing.
○ Registered from time noted.
What is Registration
● It is the ministerial act by which deed, contract , instrument is inscribed in the
record of the office of RD and annotated on the back of the TCT covering the
land subject to the deed, contract or instrument.
● It is a constructive notice to the whole world and binds 3rd persons.
○ All persons are charged with the knowledge of what it contains.
○ Purchaser is charged with notice of every fact shown in the by the
record and presumed to know every fact
○ Conveyance properly recorded includes constructive notice to all
contents, interest, legal and equitable
● It is any entry made in the books of the Registry
○ Also includes cancellation, annotation and marginal notes
○ In strict acceptance, it is an entry made in Registry which records
solemnly and permanently the right of ownership and other real rights.
Effect of Registration
● Act of registration is an operative act to convey the land insofar as 3rd persons
are concerned
● Registration shall be made in the office of RD where the land lies.
● When registration done in BF, it is as if no registration was made
○ Ex. knowledge of pror transfer of registered property by subsequent
purchaser makes him a purchaser in BF for his knowledge vitiates his
title.
● While registration operates as notice, it does not add to its validity or converts an
invalid instrument to a valid one.
● From the POV of 3rd person, the property registered under the Torrens System
remains the property of the person whose name it is registered
○ Unless, the teh corresponding deed is registered
○ If sale is not registered, itis binding only as to the seller and buyer ut
does not affect innocent 3rd persons
● The law gives ownership priority to:
1. First registrant in GF
2. First possessor in GF
3. Buyer who in good faith presents the oldest title
● This rule does not apply when the property is not registered
SECTION 10. General Functions of Registers of Deeds. — The office of the Register of Deeds
constitutes a public repository of records of instruments affecting registered or unregistered
lands and chattel mortgages in the province or city wherein such office is situated.
Office of the Register of Deeds
● At least 1 RD of each province and 1 in each city
● SOJ shall define the official state and territorial jurisdiction of each RD upon
recommendation of LRA Administrator.
● The office of RD is a public repository of records of instruments affecting registered
or unregistered lands and chattel mortgages in provinces or cities where such office
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 is situated.
● Goal: to make Registry easily accessible to the people of the neighboring
municipalities.
● Existence of Certificate of Title in the Registry supports the authenticity of the title.
● Composition of RD
1. RD
○ Appointed by the President upon the recommendation of the
SOJ
2. Deputy Register of Deeds and other subordinate personnel of RD
○ Appointed by SOJ upon recommendation of LRA Administrator
(GR)Duty of the RD to register is ministerial
● RD performs both functions of administrative character and functions which are at
least quasi-judicial in nature
● Function of RD with regard to registration of deeds, encumbrances are ministerial in
nature
● RD cannot validly refuse the registration of DOS presented for registration
○ The law does not require that only valid instruments can be registered.
○ Questions on validity of the instruments are decided after not before
registration
○ Only the Court of competent jurisdiction determines the validity of the
document
● Registration is merely a ministerial act and creates a constructive notice of its
contents to 3rd persons.
● It is the duty of the RD to see to it that the documents presented are in its regular
and due form.
○ No authority to inquire as to its intrinsic validity
(XPN) Instances where RD may deny registration
1. Where there are several copies of titles (co-owner’s duplicate) but only 1 is
presented with the instrument to be registered
○ All copies must contain identical entries of transactions, particularly
voluntary ones affecting the land covered by the title.
○ If different copies are permitted to carry different annotable, the whole
Torres system would cease to be reliable.
2. Where the property is presumed to be conjugal but the instrument of conveyance
bears the signature of only 1 spouse.
○ Art. 160 1950 Civil Code provides that all property in the marriage
presumed to belong to Conjugal partnership unless it is proved that it
pertain exclusively to the husband or wife
○ SC held that the wife may not bind the conjugal assets without special
authorization from the husband.
○ But when the certificate of title shows that the property is registered in
the name of the husband only and no evidence showing that said
property was acquired during his marriage, the property cannot be said to
be conjugal
○ Art. 124 FC provides that the sale of conjugal property requires the
consent of both husband and wide absence of consent of either renders
the sale void.
3. Where there is a pending case in court where the character of the land and validity
of conveyance are in issue.
○ The matter of registration should await the outcome of that case and in
the meantime the right of the interested parties could be protect by filing
proper notice of lis pendens
4. Where required certificates or documents are not submitted
○ Registration can be denied if there is a failure to submit required
documents such as:
i. DAR clearance
ii. Copy of latest tax dec
iii. Certificate of payment of doc stamp
iv. CGT
v. HLURB papers
○ For purposes of collection of RPT, registered owner of the property is
considered the taxpayer
○ If defects are cured, it will no longer bar RD from registering the land
Doubtful questions shall be submitted to LRA Administrator for resolution via consulta
● Sec. 10 of PD 1529 provides the duty of the RD to immediately register an
instrument presented for registration which complies with all requisites of
registration.
● RD precluded from exercising personal judgment and discretion when confronted
with intrinsic validity of the instruments.
● When instrument is denied registration, RD has the duty to notify interet party in
writing and inform about the defects or legal grounds and advising him if is not
agreeable he may elevate the matter via consulta to the LRA Administrator without
need of withdrawing the instrument.
● After notice and hearing , the LRA Administrator shall issue an order prescribing the
steps to bta tkane.
○ The resolution of the LRA Administrator is binding upon all RD.
● (XPN) mandamus does not lie to compel the RD to make registration.
○ Administrative remedy must be resorted first before recourse to the
courts.
Registration does not invalidate invalid instrument
● Act of registration does not validate an void contract.
● While it is a notice to others, it does not add to its validity nor converts an invalid
one to valid one.
● The registration of a void deed is not an impediment to a declaration by the court
of its invalidity.
Notice to the RD or Adverse party
● Writ of preliminary Injunction in cadastral proceedings dissolved, the obstacle to the
registration of DOS is removed but it is no authority for the court to issue an order
for registration of said deed without notice of RD to the adverse party where the
dismissal of the cadastral case is not yet final.
● It is not considered a notice required in judicial proceedings nor carry legal
consequence of court judgment.
b. Duties of Register of Deeds to Register; General Rule; Exceptions
i. Consulta (Sec. 117)
Sec. 117 of PD 1529
Section 117. Procedure. When the Register of Deeds is in doubt with regard to the proper step
to be taken or memorandum to be made in pursuance of any deed, mortgage or other
instrument presented to him for registration, or where any party in interest does not agree
with the action taken by the Register of Deeds with reference to any such instrument, the
question shall be submitted to the Commissioner of Land Registration by the Register of
Deeds, or by the party in interest thru the Register of Deeds.
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Where the instrument is denied registration, the Register of Deeds shall notify the interested defraud creditors
party in writing, setting forth the defects of the instrument or legal grounds relied upon, and ○ It is left with the court to determine such issues.
advising him that if he is not agreeable to such ruling, he may, without withdrawing the
documents from the Registry, elevate the matter by consulta within five days from receipt of Reference of doubtful questions to the LRA via consulta
notice of the denial of registration to the Commissioner of Land Registration. ● RD is precluded from exercising its personal judgment in determining whether such
doc is valid.
The Register of Deeds shall make a memorandum of the pending consulta on the certificate of ● When in doubt, RD is supposed to submit and certify the question to LRA
title which shall be canceled motu proprio by the Register of Deeds after final resolution or Administrator who shall enter an order prescribing teh step to be taken.
decision thereof, or before resolution, if withdrawn by petitioner. ○ Via consulta
● RD shall make a memorandum of pending consulta on the certificate of title which
The Commissioner of Land Registration, considering the consulta and the records certified to hall be cancelled motu proprio
him after notice to the parties and hearing, shall enter an order prescribing the step to be 1. Upon final resolution of the case by LRA Administrator
taken or memorandum to be made. His resolution or ruling in consultas shall be conclusive and 2. If the consulta is withdrawn by petitioner before the resolution
binding upon all Registers of Deeds, provided, that the party in interest who disagrees with the ● If a party does not agree with RD, question shall be submitted to LRA Administrator
final resolution, ruling or order of the Commissioner relative to consultas may appeal to the who shall either:
Court of Appeals within the period and in manner provided in Republic Act No. 5434. ○ Enter an order prescribing step to be take memorandum to be made
○ Such shall be binding upon all RD without prejudice to an appeal to CA
Duty of the RD to register document presented for registration is ministerial Appeal to CA
● Sec. 10 of PD 1529 provides the general functions of the RD ● Certiorari or prohibition is not proper
○ It is their duty to immediately register an instrument presented for ● Party who does not agree with the action by LRA Administrator shall appeal it to CA
registration dealing with real or personal property which complies with all ● Appeal governed by Rule 43 ROC which provides for appeals from any quasi-judicial
requisites of registration. agency.
○ Their duty is to see to it that the instruments bear property doc and ● Appeal taken within 15 days from notice of decision or resolution
science stamps and that same properly cancelled ● If not appeal filed within the 15 day period mention, order becomes final and
○ If not registerable, their duty is to deny registration and inform the denial executory.
in writing and stating the ground and advise the right to appeal by
consulta.
● Functions of the RD with reference to registration of deeds, encumbrances,
instruments and the like are ministerial in nature 3. Cases
● Limitations as to their duty: Guaranteed Homes, Inc v. Valdez Gr. 171531, Jan 30, 2009
○ They cannot determine whether such document is valid or not because
such function belongs to the court
○ However, the law on registration does not require that only valid
instruments are registered
■ If registration is to give notice
■ Registration first followed and the validity or effect litigated
afterwards.
● Sec. 57 provide that upon presentation of a deed of conveyance of registered
property, with grantor’ duplicate certificate, RD shall:
1. make out in the registration book a new certificate of title to grantee
2. Prepare and deliver the owner’s duplicate title
● RD’s duties in Sec. 57 are ministerial and mandatory in character because
of “shall” and nature of function
● In case of doubt as to the recording of any given instrument, Sec. 117 provides the
procedure to be followed which will give the issue to the LRA Administration en
consulta for resolution.

Matters which should be left with the courts

● Functions of RD generally ministerial and no power to pass legality of an order
issued by a court.
● Only a court of competent jurisdiction can determine the validity of a document
presented for registration.
● Also, RD cannot determine the issue on whether the conveyance was done to