GE 212: INTRODUCTION TO THE LAWS ON PRIVATE AND PUBLIC LANDS

LECTURE 4: LANDS OF THE PUBLIC

DOMAIN (Continuation)

Engr. Jodijane Handayan

College of Engineering & Architecture
University of Science & Technology of Southern Philippines
Cagayan de Oro City
OUTLINE

 Classification of Lands of the Public Domain –

Agricultural, Forest or Timber, Mineral Lands, & National
Parks
 The Regalian Doctrine or State Ownership of Natural
Resources
CLASSIFICATION OF LANDS
OF THE PUBLIC DOMAIN
CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN
Based on the 1987 Constitution
AGRICULTURAL LANDS

AGRICULTURAL LANDS – may be further classified by law

according to the uses which they may be devoted
• Alienable lands of the public domain shall be
limited to agricultural lands
• Private corporations or associations may not hold
such alienable lands of the public domain except
by lease, for a period not exceeding twenty-five
years. Renewable for not more than twenty-five
years, and not to exceed one thousand hectares in
area.
AGRICULTURAL LANDS

• Citizens of the Philippines may lease not more

than five hundred hectares, or acquire not more
than twelve hectares thereof by purchase,
homestead, or grant.
• Congress shall determine, by law, the size of lands
of the public domain which may be acquired,
developed, held, or leased and the conditions
therefore.
FOREST OR TIMBER

• CONGRESS – determines by law the specific limits

of forest lands, marking clearly their boundaries
on the ground.
• Such forest lands shall be conserved and may not
be increased nor diminished, except by law.
• The Congress shall provide, for such period as it
may determine, measures to prohibit logging in
endangered forests and watershed areas.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”
• Forest lands include the public forest, the permanent
forest or forest reserves, and forest reservations.
• All boundaries between permanent forests and
alienable and disposable lands shall be clearly marked
and maintained on the ground, with infrastructure or
roads, or concrete monuments at intervals of not more
than 500 meters in accordance with established
procedures and standards, or any other visible and
practicable signs to insure protection of the forest.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”

• No land of the public domain (18%) in slope or over

shall be classified as alienable and disposable, nor any
forest land (50%) in slope or over, as grazing land.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”

• Lands 18% in slope or over which have already been

declared as alienable and disposable shall be reverted
to the classification of forest lands unless they are
already covered by existing titles or approved public
land application, or actually occupied openly,
continuously, adversely, and publicly for a period of not
less than 30 years as of the effectivity of this Code.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”

• No person may utilize, exploit, occupy, possess or

conduct any activity within any forest land, or establish
and operate any wood-processing plant, unless he has
been authorized to do so under a license agreement,
lease, license, or permit.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”

LEASE - privilege granted by the State to a person to

occupy and possess, in consideration of specified rental,
any forest land of the public domain in order to undertake
any authorized activity therein.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”

LICENSE - privilege granted by the State to a person to

utilize forest resources within any forest land, without any
right of occupation and possession over the same, to the
exclusion of others, or establish and operate a wood-
processing plant, or conduct any activity involving the
utilization of any forest resources.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”

LICENSE AGREEMENT - privilege granted by the State to a

person to utilize forest resources within any forest land
with the right of possession and occupation thereof to the
exclusion of others, except the government, but with the
corresponding obligation to develop, protect and
rehabilitate the same in accordance with the terms and
conditions set forth in said agreement.
 FOREST OR TIMBER
PD 705 – “REVISED FORESTRY CODE OF THE
PHILIPPINES”

PERMIT - short-term privilege or authority granted by the

State to a person to utilize any limited forest resources or
undertake a limited activity within any forest land without
any right of occupation and possession therein
NATIONAL PARKS

• NATIONAL PARK refers to a forest land reservation

essentially of primitive or wilderness character
which has been withdrawn from settlement or
occupancy and set aside as such exclusively to
preserve the scenery, natural and historic objects;
and the wild animals or plants therein and to
provide enjoyment of these features in such a
manner as will leave them unimpaired for future
generations.
SOME OF THE NATIONAL PARKS IN THE PHILIPPINES
NATIONAL PARKS

• The Congress determines the specific limits of

national parks, marking clearly their boundaries
on the ground. Thereafter, such national parks
shall be conserved and may not be increased nor
diminished, except by law.
• Establishing a comprehensive system of integrated
protected areas within the classification of the
national park as provided for in the Constitution is
known as National Integrated Protected Areas
System.
 MINERAL LANDS

• All mineral resources in public and private lands

within the territory and exclusive economic zone
of the Republic of the Philippines are owned by the
State.
• Mineral resources are owned by the State and the
exploration, development, utilization, and
processing thereof shall be under its full control
and supervision. The State may directly undertake
such activities, or it may enter into mineral
agreements with contractors.
 MINERAL LANDS
RA 7942 – “PHILIPPINE MINING ACT OF 1995
MODE OF MINERAL AGREEMENT

a. MINERAL PRODUCTION SHARING AGREEMENT

• is an agreement where the Government grants the

contractor the exclusive right to conduct mining
operations within a contract area and shares in the
gross output.
• The contractor shall provide the financing,
technology, management, and personnel necessary
for the implementation of this agreement.
 MINERAL LANDS
RA 7942 – “PHILIPPINE MINING ACT OF 1995
MODE OF MINERAL AGREEMENT

b. CO_PRODUCTION AGREEMENT

• is an agreement between the Government and the

contractor wherein the Government shall provide
inputs to the mining operations other than the
mineral resource.
 MINERAL LANDS
RA 7942 – “PHILIPPINE MINING ACT OF 1995
MODE OF MINERAL AGREEMENT

JOINT VENTURE AGREEMENT

• agreement where a joint-venture company is

organized by the Government and the contractor
with both parties having equity shares. Aside from
earnings in equity, the Government shall be entitled
to a share in the gross output.
REGALIAN DOCTRINE
REGALIAN DOCTRINE- HISTORY

“Regalian Doctrine” or jura regalia

• A western legal concept that was first introduced by the Spaniards into the
country through the Laws of the Indies and Royal Cedulas
REGALIAN DOCTRINE- HISTORY

• refers to the feudal principle that private title to land must emanate, directly
or indirectly, from the Spanish crown with the latter retaining the underlying
title.
• Lands and resources not granted by the Crown remain part of the public
domain over which none but the sovereign holds rights.
• Generally, under this concept, 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
REGALIAN DOCTRINE- HISTORY

Article XII, Section 2 of the 1987 Constitution

• All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not
be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State
REGALIAN DOCTRINE- HISTORY
Article XII, Section 2 of the 1987 Constitution
• The State may directly undertake such activities, or it may enter into co-
production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period not
exceeding twenty-five years, renewable for not more than twenty-five years,
and under such terms and conditions as may be provided by law. In cases of
water rights for irrigation, water supply, fisheries, or industrial uses other
than the development of water power, beneficial use may be the measure and
limit of the grant.
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