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1.

Distinguish sovereignty from dominion

Held: Sovereignty is the right to exercise the functions of a State to the exclusion of any other State. It is often referred to as the
power of imperium, which is defined as the government authority possessed by the State. On the other hand, dominion, or
dominium, is the capacity of the State to own or acquire property such as lands and natural resources. (Separate Opinion,
Kapunan, J., in Isagani Cruz v. Secretary of DENR, G.R. No. 135385, Dec. 6, 2000, En Banc, See Footnote 86)

2. How did Spain acquire the Philippines?

Held: 1. The Philippines passed to Spain by virtue of “discovery” and conquest. Consequently, all lands became the
exclusive patrimony and dominion of the Spanish Crown. The Spanish Government took charge of distributing the lands by issuing
royal grants and concessions to Spaniards, both military and civilian (Antonio H. Noblejas, Land Titles and Deeds, p. 5 [1986];
These grants were better known as repartimientos and encomiendas. Repartimientos were handouts to the military as fitting
reward for their services to the Spanish crown. The encomiendas were given to Spaniards to administer and develop with the
right to receive and enjoy for themselves the tributes of the natives assigned to them. – Ponce, supra, p. 12, citing Benitez, History
of the Philippines, pp. 125-126). Private land titles could only be acquired from the government either by purchase or by the
various modes of land grant from the Crown (Narciso Pena, Registration of Land Titles and Deeds, p. 2 [1994]). (Separate Opinion,
Puno, J., in Cruz v. Secretary of Environment and Natural Resources, 347 SCRA 128, 166, En Banc [Per Curiam])

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