JURE REGALIA: The Regalian Doctrine


The Regalian Doctrine dictates that all lands of the public domain belong to State, that the State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony, a doctrine consistently adopted under the 1935, 1973, and 1987 Constitutions.

A positive act declaring land as alienable and disposable is required for the registration of lands under the Torrens system. Section 8 of CA 141 limits alienable or disposable lands ony to those lands which have been “officially delimited and classified.” (Secretary of the Department of Environment and Natural Resources v. Yap; G.R. No. 167707)