04/08/2025
REAL ESTATE 101
- by Ma. Fe D. Refamonte, REB, REA
The Regalian Doctrine, also known as the Doctrine of State Ownership, is a legal principle in the Philippines which states that all natural resources—such as land, forests, minerals, and waters—belong to the State.
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📜 Legal Basis
• Article XII, Section 2 of the 1987 Philippine 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…”
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🔍 Key Principles
1. Ownership by the State:
• The State is the original owner of all lands and natural resources.
• Private individuals or entities cannot own land unless it is alienable and disposable land of the public domain and properly titled.
2. Disposition and Utilization:
• Natural resources may only be used or developed through licenses, concessions, or agreements with the State.
• For instance, mining companies must enter into a Financial or Technical Assistance Agreement (FTAA) with the government.
3. Land Ownership:
• Only Filipino citizens or corporations with at least 60% Filipino ownership may acquire land under certain conditions.
• Lands that are not declared alienable and disposable remain inalienable and cannot be privately owned.
