04/02/2020
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Treaty of Paris and other subsequent treaties between Spain and the United States.
[20] The term "public land" referred to all lands of the public domain whose title still
remained in the government and are thrown open to private appropriation and
settlement,[21] and excluded the patrimonial property of the government and the
friar lands.[22]
Act No. 926 was superseded in 1919 by Act 2874, the second Public Land
Act. This new law was passed under the Jones Law. It was more comprehensive in
scope but limited the exploitation of agricultural lands to Filipinos and Americans and
citizens of other countries which gave Filipinos the same privileges.[23] After the
passage of the 1935 Constitution, Act 2874 was amended in 1936 by
Commonwealth Act No. 141. Commonwealth Act No. 141 remains the present
Public Land Law and it is essentially the same as Act 2874. The main difference
between the two relates to the transitory provisions on the rights of American
citizens and corporations during the Commonwealth period at par with Filipino
citizens and corporations.[24]
Grants of public land were brought under the operation of the Torrens
system under Act 496, or the Land Registration Law of 1903. Enacted by the
Philippine Commission, Act 496 placed all public and private lands in the Philippines
under the Torrens system. The law is said to be almost a verbatim copy of the
Massachussetts Land Registration Act of 1898,[25] which, in turn, followed the
principles and procedure of the Torrens system of registration formulated by Sir
Robert Torrens who patterned it after the Merchant Shipping Acts in South Australia.
The Torrens system requires that the government issue an official certificate of title
attesting to the fact that the person named is the owner of the property described
therein, subject to such liens and encumbrances as thereon noted or the law
warrants or reserves.[26] The certificate of title is indefeasible and imprescriptible
and all claims to the parcel of land are quieted upon issuance of said certificate. This
system highly facilitates land conveyance and negotiation.[27]
D. The Philippine Constitutions
The Regalian doctrine was enshrined in the 1935 Constitution. One of the fixed
and dominating objectives of the 1935 Constitutional Convention was the
nationalization and conservation of the natural resources of the country.[28] There
was an overwhelming sentiment in the Convention in favor of the principle
of state ownership of natural resources and the adoption of the Regalian
doctrine.[29] State ownership of natural resources was seen as a necessary starting
point to secure recognition of the state's power to control their disposition,
exploitation, development, or utilization.[30] The delegates to the Constitutional
Convention very well knew that the concept of State ownership of land and natural
resources was introduced by the Spaniards, however, they were not certain whether
it was continued and applied by the Americans. To remove all doubts, the
Convention approved the provision in the Constitution affirming the Regalian
doctrine.[31]
Thus, the 1935 Constitution, in Section 1 of Article XIII on "Conservation and
Utilization of Natural Resources," reads as follows:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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