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Art.

1
The
national
territory
comprises the Philippine archipelago,
with all the islands and waters
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 waters around, between,
and connecting the islands of the
archipelago,
regardless
of
their
breadth and dimensions, form part of
the internal waters of the Philippines.
Art. II, Sec. 15.
Indigenous Peoples Rights Act (RA No.
8371) embodies the policy of the
state to recognize, promote and
protect the rights of indigenous
peoples (IPs) to their ancestral lands
and domains and ensure their cultural
integrity.

Imperium government authority


possessd by the State which is
appropriately embraced in the concept
of sovereignty.
Dominium capacity to own or acquire
property.

Regalian Doctrine all lands and


other natural resources are owned by
the state.

Art. XII, Section 2 of the


Constitution
embodies
the
Regalian Doctrine.
All lands not appearing to be
clearly of private dominion
presumptively belong to the
State.
Public lands not shown to be
reclassified or released as A or
D remain part of the inalienable
public domain.
Only agricultural lands can be
alienated.

Reserves to the State all natural


wealth even if discovery is
made in a private land.
EDU of natural resources shall
be under the full control and
supervision of the State.
Also allows participation of
private sectors through coproduction, joint venture or
production-sharing agreements.
a) Imperium and Dominium

No public land can be acquired


by private persons without any
grant, express or implied, from
the government.
When no evidence to show that
property was acquired from the
State by purchase, grant, pr any
other means of acquisition,
property is held to be of public
domain.
Showing
of
title
is
indispensable.

b) The IPRA and native title


over ancestral lands and
ancestral domains
IPRA Ips may obtain the
reconition of their right of
ownership over ancestral lands
and ancestral domains by virtue
of native title.

Ancestral lands occupied by


individuals, families and clans
who are member of ICCs.
- residential lots, rice terraces,
private
forests,
swiden
farms, tree lots.
- must have been occupied,
possessed and utilized by
them
or
through
their
ancestors
since
time
immemorial continuously to
the present.
Ancestral
domain

areas
generally belonging to ICCs.
- Includes ancestral lands,
forests, pastures, residential
and
agricultural
lands,
hunting grounds, worship
areas etc.
- No
longer
occupied
exclusively but to which they
had traditional access.

Doctrine of Primary Jurisdiction


courts cannot and will not
resolve a controversy involving
a question which is within the
jurisdiction of an administrative
tribunal, especially where a
question demands the exercise
of
sound
administrative
discretion requiring the special
knowledge,
experience
and
services of the administrative
tribunal
to
determine
the
technical and intricate matters
of fact. (Villaflor v. Director of
Lands)
applies where a claim is
originally cognizable in the
courts and enforcement of the
claim requires resolution of
issues are placed within the
special competence of
an

administrative body; judicial


process is suspended pending
referral of issues to admin body
for review.
Exhaustion
of
administrative
remedies
General rule: recourse through
court action cannot prosper
until all the remedies have been
exhausted at the administrative
level.
When doctrine is disregarded:
1. Violation of due process
2. Question involved is purely a
legal question
3. Administrative
action
is
patently illegal amounting to
lack or excess of jurisdiction
4. Estoppel
on
part
of
administrative
agency
concerned
5. Irreparable injury
6. Respondent is an alter ego of
the Pres
7. When to require admin
remedies
would
be
unreasonable
8. When it would amount to
nullification of claim
9. Subject matter is a private
land
in
land
case
proceedings
10.When rule does not provide
a
plain,
speedy
and
adequate remedy
11.Circumstances indicating the
urgency
of
judicial
intervention
******
CLASSIFICATION OF LANDS
Properties of public dominion
those intended for public use

Roads,
canals,
rivers,
torrents, ports and bridges
constructed by th state,
banks, shores, roadsteads,
and others of similar char
Patrimonial Properties of the
State properties which belong
to the state which are not
intended for public use, public
service, or for the development
of national wealth.
a) Classification of Lands of
public domain under the
Constitution
Under the 1987 Constitution,
lands of public domain are
classified into 4 categories:
- Agricultural (may be A/D)
- Forest or timber
- Mineral lands
- National parks
Public Land Act governs lands
of public domain, timber and
mineral lands are governed by
special laws.
Sec 6 of Public Land Act
prerogative of classifying or
reclassifying lands of public
domain (from forest/mineral to
agri and vice versa) belongs to
the executive branch.
b) Classificaton
of
lands
under PLA
Lands of public domain which
are
A/D
may
be
further
classified into the ff (accor to
use or purpose):
- Agricultural
- Residential,
commercial,
industrial
or
or
similar
productive purposes
- Educational, charitable, or
other similar purposes

Reservations for town sites


and for public and quasipublic uses
The
President,
upon
recommendation
by
the
Secretary of Environment and
Nat. Res., shall from time to
time make the classifications
Public agricultural lands (as
used in the consti) means
alienable lands of public domain
= lands classified by the Public
Land Act (CA No. 141) as
alienable or Disposable

Classification of lands as an
EXECUTIVE PREROGATIVE
Sec. 6 of PLA classification
or reclassification of public
lands into A/D, mineral or
forest lands, is a prerogative
of
the
EXECUTIVE
DEPARTMENT and not of the
courts.
Before gov could alienate or
dispose of lands of public
domain, President must first
officially classify lands as
A/D and then declare them
open
to
disposition
of
concession.
There must be no law
reserving these lands for
public or quasi-public uses.
*****
MODES OF DISPOSITION