112720615-Reviewer-on-Property-Registration-Agcaoili.pdf - 1 REVIEWER IN PROPERTY REGISTRATION AND RELATED PROCEEDINGS I GENERAL PROVISIONS Q What is

112720615-Reviewer-on-Property-Registration-Agcaoili.pdf -...

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1 REVIEWER IN PROPERTY REGISTRATION AND RELATED PROCEEDINGS I. GENERAL PROVISIONS Q. What is the Regalian doctrine? A. The Regalian doctrine or jura regalia is a Western legal concept that was rst introduced by the Spaniards into the country through the Laws of the Indies and the Royal Cedulas. It embodies the concept that all lands of the public domain and all other natural resources are owned by the State. All lands and waters of the public domain are owned by the State. This principle is derived from the jura regalia or Regalian doctrine which is the prerogative or proprietary right belonging to the sovereign. The doctrine was adopted and enshrined in the 1935, 1973 and 1987 Constitutions. The State is, by the Constitution, the owner of all lands belonging to the public domain, the waters, minerals, sheries, forests and all natural resources therein. 1 Under the Regalian doctrine, all lands of the public domain and other natural resources belong to the State. The State is the source of any asserted right to ownership in land and charged with the conservation of such patrimony. All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. To overcome such presumption, incontrovertible evidence must be shown by the applicant that the land subject of the application is alienable or disposable. 2 1 Republic v. Court of Appeals and Republic Real Estate Corporation, GR Nos. 103882 and 105276, Nov. 25, 1998, 299 SCRA 199, per Justice, now Chief Justice, Puno. 2 Pagkatipunan v. Court of Appeals, GR No. 129682, March 21, 2002, 429 Phil. 377.
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REVIEWER IN PROPERTY REGISTRATION AND RELATED PROCEEDINGS 2 Q. Explain the basis of the doctrine. A. Under the concept of jura regalia , private title to land must be traced to some grant, express or implied, from the Spanish Crown or its successors, the American colonial government, and thereafter, the Philippine Republic. In Spanish law, it refers to a right which the sovereign has over anything in which a subject has a right of property or propriedad . These were rights enjoyed during feudal times by the King as the sovereign. The belief that the Spanish Crown is the origin of all land titles in the Philippines has persisted because title to land must emanate from some source for it cannot issue forth from nowhere. The theory of the feudal system was that title to all lands was originally held by the King, and while the use of lands was granted out to others who were permitted to hold them under certain conditions, the King theoretically retained the title. By ction of law, the King was
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