GE 212: INTRODUCTION TO THE LAWS ON PRIVATE AND PUBLIC LANDS

LECTURE 3: LANDS OF THE PUBLIC

DOMAIN

Engr. Jodijane Handayan

College of Engineering & Architecture
University of Science & Technology of Southern Philippines
Cagayan de Oro City
OUTLINE
• The 1987 Constitution – Limits to Land Ownership
> Article I – National Territory
> Article XII – National Economy & Patrimony
 RECALL…..

 The 1987 Philippine Constitution

establishes, limits and defines the
fundamental powers of government.
 It is the highest law of the land, and all
other laws and legal issuances may be
said to spring from – and must be in
harmony with its provisions.
ARTICLE I & ARTICLE XII

Article 1 (The National Territory) and

Article XII (The National Economy and
Patrimony) were the primary basis of
laws and statutes on property and land
ownership in the country.
ARTICLE I - NATIONAL
TERRITORY
1987 PHILIPPINE CONSTITUTION ARTICLE I – NATIONAL
TERRITORY

The national territory comprises the Philippine

archipelago, with all the islands and water
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. The water around, between, and
connecting the islands of the archipelago,
regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
NATIONAL TERRITORY

PHILIPPINE ARCHIPELAGO
• Archipelago – a group of islands including
parts of the islands, interconnecting waters
and other natural features which are so
closely interrelated that such islands, waters
and other natural features form an intrinsic
geographical, economic and political entity, or
which historically have been regarded as
such.
NATIONAL TERRITORY
TERRESTRIAL DOMAINS - It refers to the
land whether agricultural, forest, and national
parks under the sovereignty and jurisdiction of
the Philippines
FLUVIAL DOMAINS - It refers to internal or
national waters and external or territorial
waters, over which the Philippines exercises
jurisdiction
AERIAL DOMAINS - It refers to the air
space above the territorial lands and waters of
the Philippines, excluding the outer space.
NATIONAL TERRITORY
TERRITORIAL SEA - territorial sea is
defined under the UNCLOS as the 12-nautical
mile zone from the baseline or low-water line
along the coast
THE SEABED - (also known as the seafloor,
sea floor, ocean floor, and ocean bottom) is the
bottom of the ocean. All floors of the ocean are
known as “seabeds”
THE SUBSOIL - the layer of earth
immediately below the surface soil.
NATIONAL TERRITORY
THE INSULAR SHELVES- that portion of an
island that is submerged and covered by
relatively shallow water.
OTHER SUBMARINE AREAS- all other
areas inside the territorials sea

THE INTERNAL WATERS OF THE

PHILIPPINES - the waters around, between,
and connecting the islands of the archipelago,
regardless of their breadth and dimensions
- those waterbodies measured landward.
 NATIONAL TERRITORY

• All islands and waters set forth under the

Treaty of Paris on December 10, 1898, and
those under the Treaty between Great Britain
and the United States on January 2, 1930, are
part of the national territory.
• For more information about the Treaty
between Great Britain and the United States
you may visit:
Convention between the United States of America and Great Britain delimiting
the boundary between the Philippine archipelago and the State of North Borneo
[1930] | Official Gazette of the Republic of the Philippines
NATIONAL TERRITORY

• Republic Act No. 9522: An Act to Amend

Certain Provisions of Republic Act No. 3046, as
Amended by Republic Act No.5446, to define
the Archipelagic Baselines of the Philippines.
• For more information about RA 9522:
404 Not Found (lawphil.net)
 NATIONAL TERRITORY

• Measurement of the Territorial Sea, the

Contiguous Zone, the Exclusive Economic Zone,
and the Continental Shelf are described in the
UNCLOS or United Nations Conventions on the
Law of the Sea.
ARTICLE XII - NATIONAL
ECONOMY & PATRIMONY
 NATIONAL ECONOMY & PATRIMONY

THE GOALS OF THE NATIONAL ECONOMY

• More equitable distribution of opportunities, income, and
wealth
• A sustained increase in the number of goods and
services produced by the nation for the benefit of the
people
• Expanding productivity as the key to raising the quality
of life for all, especially the underprivileged.
To achieve these goals, the State promotes industrialization
and full employment on agricultural development and
agrarian reform.
 NATIONAL ECONOMY & PATRIMONY
CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN

• Agricultural
• Forest or Timber
• Mineral Lands
• National Parks

The Congress determines the size of lands of the public

domain that may be acquired, developed, held, or leased
and its conditions.
 NATIONAL ECONOMY & PATRIMONY
CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN

• Agricultural
• Forest or Timber
• Mineral Lands
• National Parks

The Congress determines the size of lands of the public

domain that may be acquired, developed, held, or leased
and its conditions.
 NATIONAL ECONOMY & PATRIMONY

ARTICLE XII SECTION 3 OF 1987 CONSTITUTION:

AGRICULTURAL LANDS OF THE PUBLIC DOMAIN

• May be further classified by law according to the uses

• Alienable lands of the public domain shall be limited to
agricultural lands
• Private corporations or associations may not hold such
alienable lands of the public domain
 NATIONAL ECONOMY & PATRIMONY

LIMITATIONS AS TO LAND OWNERSHIP

 NATIONAL ECONOMY & 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
 NATIONAL ECONOMY & PATRIMONY

ARTICLE XII SECTION 2 OF 1987 CONSTITUTION:

• Except for agricultural lands, all other natural

resources shall not be alienated.
• The exploration, development, and utilization of
natural resources shall be under the full control
of the State.
 NATIONAL ECONOMY & PATRIMONY

EXPLORATION, DEVELOPMENT, & UTILIZATION

OF THE NATURAL RESOURCES

• The State may undertake directly such activities

• The State may enter into co-production, joint
venture, or production-sharing agreements with
Filipino citizens or with corporations or associations
at least 60% of whose capital is owned by a Filipino
citizen
• Not exceeding 25 years renewable for not more
than 25 years
 NATIONAL ECONOMY & PATRIMONY

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.
 NATIONAL ECONOMY & PATRIMONY

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 in accordance to the general
terms and conditions provided by law.

In this agreement, the State shall promote

the development and use of local scientific
and technical resources.
NATIONAL ECONOMY & PATRIMONY

The Congress determines the specific limits of forest

lands and national parks and marks them clearly on the
ground.

Those forest lands and national parks must be

conserved and may not be increased or diminished
except by law.

Logging in endangered forests and watershed areas is

prohibited.
NATIONAL ECONOMY & PATRIMONY

The State, subject to provisions of this Constitution and

national development policies and programs, shall
protect the rights of indigenous cultural communities to
their ancestral lands to ensure their economic, social,
and cultural well- being.

The Congress may provide for the applicability of

customary laws governing property rights or relations
in determining the ownership and extent of ancestral
domain.
QUESTIONS?
THANK YOU FOR LISTENING