Day 1:

The Regalian Doctrine -is enshrined in the 1987 Constitution [Art 12, Sec 2 & 3] which states that all
lands of public domain belong to the State, thus private title to land must be traced to some grant,
express or implied, from the State.

-If the property is not clearly privately owned- it is presumed to be owned by the
state. Thus, it must have a process before a private individual can acquire.

Effects

a. All lands of public domain belong to the State, and that the State is the source of any asserted
right to ownership in land and charged with the conservation of such patrimony [Republic v. IAC,
G.R. No. 71285 (1987)]

b. Under the Regalian doctrine, 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. [Repubic v. Remnan Enterprises, Inc.
G.R. No. 199310 (2014)]

c. The burden of proof in overcoming the presumption of State ownership of the lands of the public
domain is on the person applying for registration (or claiming ownership), who must prove that the
land subject of the application is alienable or disposable. To overcome this presumption,
incontrovertible evidence must be established that the land subject of application (or claim) is
alienable or disposable. [Valiao v. Republic, G.R. No. 170757 (2011)]

Forest land, mineral and copper land cannot be acquired

Government owned land(classification)- no one has a right to acquire it

Determine the classification of the land

Sec 2, Art 12, 1987 Constitution

If owned by the state –beyond the commerce of man unless the state allowed use it but not to own
it. (stewardship agreement, state grant- example planting of trees)

Torrens System

American Occupation

Land of public domain- belongs exclusively to the state without being devoted to common use or
destined to public use until transferred to private person(5 phil 479)

General rule: Properties are owned by the state

Xpn: If justified if property is privately owned

State is the owner , the state also declared when it to be granted. State may declare as alienable and
disposable land

If declared as alienable and disposable land, then it can now be acquired by individual

There must be a positive declaration that the property is open to disposition. It means that there
must be an authority that the land is open for alienation and disposition.

When can we know that a property is A and D?

1) There must be a presidential declaration

2) declared through EO, administrative act ( search lang kolang kolang pani)

No matter how long the occupation (uninterrupted or continuous) of the land if not declared by the
state as A &D, it cannot be ripen into an ownership, it cannot apply a title, it cannot be registered.

When can you acquire the property of the state?

1. if the state allow to do so

2. The state must have a positive action( state must reclassify the land)

Generally, properties are of public domain unless the land is reclassified as A&D land, application for
titling cannot be approved

COT covers inalienable land of public domain is void and can be annulled.

RP v Lao

Cannot be declared as alienable land

1 ancestral land under Ifra law-ancestral domains

2 National parks. Etc….

Reclassification of land

Characteristics of property of public dominion

Contracts

Patrimonial property

Home stead patent

Procedure for acquisition

Cadastral system /proceeding