Introduction to Public & Private Laws (GEO 3) PDF

**COLLEGE OF ENGINEERING** **Bayombong Campus** **DEGREE PROGRAM** **BSGE** **COURSE NO.** **GEO 3** -------------------- ---------- ------------------ --------------------------------------------- ------------ --...

**COLLEGE OF ENGINEERING** **Bayombong Campus** **DEGREE PROGRAM** **BSGE** **COURSE NO.** **GEO 3** -------------------- ---------- ------------------ --------------------------------------------- ------------ --------- ------------ ------- **SPECIALIZATION** **COURSE TITLE** **INTRODUCTION TO PUBLIC AND PRIVATE LAWS** **YEAR LEVEL** **2** **TIME FRAME** **6 HRS** **WK NO.** **7-9** **IM NO.** **2** I. **UNIT TITLE/CHAPTER TITLE** II\. **LESSON TITLE** 2\. Lands of the Public Domain The 1987 Constitution -- Limits to Land Ownership Classification of Lands of the Public Domain -- Forests, Mineral, Agricultural Land & National Parks The Regalian Doctrine or State Ownership of Natural Resources II. **LESSON OVERVIEW** Public domain land is land that cannot be sold because it legally belongs to the citizenry. Public domain land is managed by a public entity---such as a state, region, province or municipality---directly or by institutes or state companies. It is called dominio público (Spanish), domínio público (Portuguese), domaine public (French) or demanio publico (Italian). Lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils are owned by The State. The exploration, development, and utilization of natural resources shall be under the full control and supervision of The State. The State shall protect the nation\'s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone. III. **DESIRED LEARNING OUTCOMES** 1\. Discuss the lands of the Public domain and the limits to ownership 2\. Explain the difference among lands of the public domain, private lands, and ancestral domains and the attendant rights and obligations as well as limitations attached to these real properties 3\. Provide an overview on the different laws and state ownership in the Philippines and other nations. IV. **LESSON CONTENT** **CHAPTER 2** **LAND OF THE PUBLIC DOMAIN** "land is the surface of the earth, the materials beneath it, the air above and all things fixed to the soil" (Dale and McLaughlin 1988) The ultimate resource.... The essence of life.... ▪ as something over which individuals or communities have rights of ownership and use, that can be bought and sold and be subject to tax, and that is the basis of economic production.' ▪ Public dominion or property owned by the State (or its political subdivisions) in its public or sovereign capacity and intended for public use and not for the use of the State as a juridical person. Public domain lands refer to those lands or interests that are owned by the U.S. and administered by the Secretary of the Interior through the Bureau of Land Management. These lands are never left the control of the U.S. Public domain lands are owned by the U.S. by virtue of its sovereignty. Public Domain Lands Law and Legal Definition. Public domain lands refer to those lands or interests that are owned by the U.S. and administered by the Secretary of the Interior through the Bureau of Land Management. **PHYSICAL CHARACTERISTICS OF LAND** LAND as a resource -- is the ultimate resource, for without it life on earth cannot be sustained. It is both a physical commodity and an abstract concept in that the rights to own or use it are as much a part of the land as the objects rooted in its soil. ▪ Philippines' Land Resources ▪ FOREST LANDS = 50% ▪ ALIENABLE AND DISPOSABLE LANDS = 47% ▪ UNCLASSIFIED = 3% ▪ TOTAL LAND AREA- 30 M. HAS  Constitutional Provisions on Natural Resources The 1935 Constitution classified lands of the Public domain into: 1.) Alienable and Disposable Lands; 2.) Forest or Timber Land; and 3.) Mineral Lands. The 1973 Constitution classifications were: 1.) Agricultural; 2.) Commercial/Industrial; 3.) Residential; 4.) Resettlement; 5.) Forest; 6.) Mineral; and 7.) Grazing land **2.1 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES -LIMITS TO LAND** **OWNERSHIP** In the 1987 Philippine Constitutions, lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands.. Out of the country's (47%) 14.9 million hectares of A & D lands, 9.63 million hectares have been titled. Of the remaining untitled lands: 1.8 million hectares are non-agricultural lands that include road networks and open spaces; 1.7 million hectares are covered by Presidential Proclamations; and 0.97 million hectares are targeted for disposition in the next remaining years. **1987 CONSTITUTION OF THE REPUBLIC OF THE PHILS.** **PREAMBLE** We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. **ARTICLE I NATIONAL TERRITORY** The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. **ARTICLE XII** **NATIONAL ECONOMY AND PATRIMONY** **Section 1**. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices. In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. **Section 2**. 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. 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. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons. **Section 3.** Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to 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. 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. Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. **Section 4.** The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks 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. **Section 5.** The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. **Section 6.** The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. **Section 7.** Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. **Section 8**. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. **Section 9.** The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development. Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government. **Section 10.** The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities. **ARTICLE XIII** **Social Justice and Human Rights** **SECTION 1**. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. **SECTION 2**. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. **Labor** **SECTION 3**. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth. **AGRARIAN AND NATURAL RESOURCES REFORM** **Section 4**. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farm workers who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing. **Section 5.** The State shall recognize the right of farmers, farm workers, and landowners, as well as cooperatives, and other independent farmers\' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services. **Section 6.** The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farm workers in its own agricultural estates which shall be distributed to them in the manner provided by law. **Section 7.** The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fish workers shall receive a just share from their labor in the utilization of marine and fishing resources. **Section 8**. The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice. **URBAN LAND REFORM AND HOUSING** **Section 9.** The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners. **Section 10.** Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated. **Section 14.** The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. **ARTICLE XVI GENERAL PROVISIONS** **Section 1**. The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. **Section 2.** The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum. **Section 3.** The State may not be sued without its consent. **Section 4**. The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training and serve as may be provided by law. It shall keep a regular force necessary for the security of the State. **Zoning: Local government imposing limits on the use of private land** 1.Governments, especially local governments based on authority granted by state government, also impact or limit how owners can use their land. For example: For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county \... the location and the use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes \... \" 2\. A board of county commissioners may regulate the nature and scope of concentrated feeding operations permissible in the county; however, if a regulation would impose a substantial economic burden on a concentrated feeding operation in existence before the effective date of the regulation, the board of county commissioners shall declare that the regulation is ineffective with respect to any concentrated feeding operation in existence before the effective date of the regulation. 3\. A regulation may not preclude the development of a concentrated feeding operation in the county. A regulation addressing the development of a concentrated feeding operation in the county may set reasonable standards, based on the size of the operation, to govern its location. **Covenants running with the land:** 1.Property owners also can impose limitations on the use by subsequent owners A restrictive covenant limits how the current owner can use the land; generally, the limitation is enforced by owners of adjacent land; it is not the same as Fee Simple Determinable or Fee Simple Subject to Condition Subsequent because violation of a covenant does not take the land away from the current owner; instead, the owners of land that is subject to a covenant will be required to bring their land use into compliance with the covenant. An example may be limits on how I paint or remodel the exterior of my townhouse. 2.A covenant running with the land differs from a zoning ordinance in that zoning is imposed by a government entity (such as the city, township, or county), whereas a covenant is imposed by a previous owner. 3.Covenants are binding on all subsequent owners and this can have unexpected or undesired results. It is for this reason that legislatures want covenants to include provisions on how they can be modified. 4.To preserve open spaces and production agriculture, some states are prohibiting (by statute and regulation) landowners from converting their agricultural land to non-agricultural uses. Other states allow private entities to acquire/purchase the landowner\'s \"development rights;\" that is, the \"sticks in the bundle\" that permit the landowner to develop non-agricultural uses. Once the owner no longer has the development rights, the owner has no alternative but to leave the land agricultural/undeveloped.  **Limits on Corporate Farming:** Corporations and limited liability companies cannot engage in farming nor own farm land except: 1\. if all shareholders in a closely-held corporate or members of a limited liability company are related 2\. if the business is a cooperative corporation wherein 75% of the owners are North Dakota farmers and ranchers who live on the land or depend principally on farming or ranching for their livelihood 3\. certain lending institutions, coal mining companies, nonprofit organizations, and developers. **Limitations upon the right of ownership:** 1\. General limitation imposed by the State in the exercise of its inherent powers. 2\. Limitations imposed by specific provisions of the law; 3\. Limitations imposed by the transferor of the property; 4\. Limitations imposed by the owner himself; and 5\. Limitations inherent in the property. **A. GENERAL LIMITATIONS** imposed by the State for its benefit is through its three inherent powers: 1.**Police power** refers to the right of the State to enact laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people. It is also imposed towards one's personal liberty or property to promote the general welfare. It may be through an imposition of restraint upon liberty or property for the purpose of promoting the common good. 2.**Eminent domain** refers to the power of the State to take private property for public use upon payment of just compensation. It is expressly provided in the New Civil Code that: Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession. (349a) 3.**Taxation** refers to the power of the State to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate functions. **B. LIMITATION IMPOSED BY LAW** such as legal easement, zoning regulations, building code, rent control, urban and agrarian reform, subdivision regulations, escheat. **C. LIMITATION IMPOSED BY THE OWNER HIMSELF** such as voluntary servitudes, mortgages, pledges, lease and deed of restrictions. **D. LIMITATION IMPOSED** **BY THE TRANSFEROR** OF THE PROPERTY such as donation, usufruct. **E. INHERENT LIMITATION** example Co-ownership. **2.2. CLASSIFICATION OF LANDS OF THE PUBLIC DOMAIN** Lands of the public domain are classified into 1\. agricultural, 2\. forest or timber, 3\. mineral lands and 4\. national parks. **Reclassification of PUBLIC (MINERAL AND AGRICULTURAL) land**s -- exclusive prerogative of the Executive Department through the Office of the President, upon recommendation by the DENR. But as to FOREST AND NATIONAL PARKS, it is the Congress which has the sole power to reclassify. - Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded does not mean it is no longer forest land. Alienable lands of public domain: 1\. Only agricultural lands are alienable. 2\. Agricultural lands may be further classified by law according to the uses to which they may be devoted. **Limitations regarding Alienable Lands of the Public Domain:** 1\. For private corporations or associations. a\. They can only hold alienable lands of the public domain BY Lease. b\. Period: Cannot exceed 25 years, renewable for not more than 25 years. C. Area: Lease cannot exceed 1,000 hectares NOTE:A corporation sole is treated like other private corporations for the purpose of acquiring public lands. 2\. For Filipino citizens. Can lease up to 500 hectares. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant **Means by Which Lands of the Public Domain Become Private Land** 1\. Acquired from government by purchase or grant; 2\. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; 3\. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years. a\. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction.b. Possession since time immemorial leads to the presumption that the land was never part of public domain. **Classification, Delimitation, and Survey of Lands of the Public Domain, for the Concession Thereof** **SECTION 6.** The President, upon the recommendation of the Secretary of Agriculture and Commerce, shall from time to time classify the lands of the public domain into --- \(a) Alienable or disposable; \(b) Timber, and \(c) Mineral lands, and may at any time and in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition. **SECTION 7.** For the purposes of the administration and disposition of alienable or disposable public lands, the President, upon recommendation by the Secretary of Agriculture and Commerce, shall from time to time declare what lands are open to disposition or concession under this Act. **Agricultural lands** of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands..**Definition of Terms.** a\) Agricultural Lands shall refer to lands of the public domain which are neither Forest timber, mineral or national park. b\) Alienation, disposition or concession shall refer to any of the modes authorized by this Act for the acquisition, lease, use or benefit of the lands of the public domain other than forest, mineral or national park\.... , c\) Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest, mineral purposes or national parks. d\) Bureau shall refer to the Bureau of Land Management created under this Act. e\) Commercial Lands shall refer to portions of alienable and disposable lands of the public domain classified as suitable and intended for trading of goods and services. f\) Department shall refer to the Department of Environment and Natural Resources. 9\) Foreshore land shall refer to a string of land that margins a body of water or the shore between the lowest low waterline of a low tide terrace and the upper limit of wave wash at highest high tide, usually marked by a beach scarp or berm; h\) Forestlands shall refer to lands of the public domain which have been classified as such by existing forestry laws and all unclassified lands of the public domain. i\) Free Patent shall refer to a mode of acquiring a parcel of alienable and disposable public land which is suitable for agricultural and residential purposes, through the administrative confirmation of imperfect or incomplete title. j\) Final Proof or proof of compliance shall refer to a document in writing submitted to the Director of the Bureau of Land Management by the applicant informing that all the requirements prescribed under Section 16 of this Act have been satisfactorily completed and complied with. k.)Government Lands shall refer not only to public lands but also to other kinds of lands of the government either reserved for or devoted to public use or subject to private rights. l.) Homestead shall refer to a mode of acquiring alienable and disposable lands of the public domain for agricultural purposes conditioned upon actual cultivation and residence. m\) Industrial Lands shall refer to public lands within the zone established by local governments for the manufacture and production of large quantities of goods and commodities n\) Lease shall refer to a form of concession of a public land under which for a consideration, it is rented for a fixed term to a qualified person or entity subject to the conditions prescribed in this Act. 0\) Lands of the Public Domain shall refer to lands of the State which may either be agricultural, forest or timber, mineral or national park. p\) Reservation shall refer to any tract of land of the government proclaimed as either be agricultural, forest or timber, mineral or national park. such by the President or by law for the use of the Government, any of its branches, subdivisions, instrumentalities, or inhabitants thereof, for public, quasi-public, settlement or resettlement purposes. 9\) Residential Lands shall refer to public lands intended for or devoted to the construction and establishment of dwellings. r\) Sale shall refer to a mode of disposition of public lands whereby a sales patent is issued to a qualified applicant upon full payment of the purchase price to the government determined in a public bidding, except as herein provided and upon compliance with other conditions prescribed in this Act. s.)Special Patent shall refer to a gratuitous title over public lands awarded for a particular purpose in favor of government units or instrumentalities for their use, subject to the terms and conditions provided therein. t.)Vested Right shall refer to such right to, or interest in, property that has become fixed and established and no longer open to question by reason of actual, exclusive and continuous possession in good faith of a public land within the period prescribed by law. u\) Visitorial Authority shall refer to the power of the Director of the Bureau of Land Management to conduct investigations and to have access to pertinent records of lands covered by this Act for the purpose of determining compliance with the terms and conditions of the Public Land Application. construction and establishment of dwellings. **TITLE III** **LANDS FOR COMMERCIAL OR INDUSTRIAL PURPOSES AND OTHER SIMILAR PRODUCTIVE PURPOSES** **CHAPTER IX.** **CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR COMMERCE AND INDUSTRY** Section 55. Any tract of land of the public domain which, being neither timber nor mineral land, shall be classified as suitable for residential purposes or for commercial, industrial, or other productive purposes or for commercial, industrial, or other productive purposes other than agricultural purposes, and shall be open to disposition or concession, shall be disposed of under the provisions of this chapter, and not otherwise. Section 56. The lands disposable under this title shall be classified as follows: \(a) Lands reclaimed by the Government by dredging, filing, or other means; \(b) Foreshore \(c) Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers \(d) Lands not included in any of the foregoing classes. Section 57. Any tract of land comprised under this title may be leased, or sold, as the case may be, to any person, corporation, or association authorized to purchase or lease public lands for agricultural purposes. The area of the land so leased or sold shall be such as shall, in the judgment of the Secretary of Agriculture and Natural Resources, be reasonably necessary for the purposes for which such sale or lease is requested, and shall in no case exceed forty eight hectares: PROVIDED, however, That this limitation shall not apply to grants, donations, or transfers made to a province, municipality or branch or subdivision of the Government for the purposes deemed by said entities conducive to the public interest; but the land so granted, donated, or transferred to a province, municipality, or branch or subdivision of the Government shall not be alienated, encumbered, or otherwise disposed of in a manner affecting its title, except, when authorized by the Legislature: PROVIDED, further, That any person, corporation, association or partnership disqualified from purchasing public land for agricultural purposes under the provisions of this Act, may purchase or lease land included under this title suitable for industrial or residence purposes, but the title or lease granted shall only be valid while such land is used for the purposes referred to. (As amended by section 10 of Act No. 3219). Section 58. The lands comprised in classes (a), (b), and (c) of section fifty-six shall be disposed of to private parties by lease only and not otherwise, as soon as the Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, shall declare that the same are not necessary for the public service and are open to disposition under this chapter. The lands included in class (d) may be disposed of by sale or lease under the provisions of this Act. Section 59. The lands reclaimed by the Government by dredging, filling, or otherwise shall be surveyed and may with the approval of the Secretary of Agriculture and Natural Resources, be divided by the Director of Lands into lots and blocks, with the necessary streets and alleyways between them, and said Director shall give notice to the public, by publication in the Official Gazette or by other means, that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes. (As amended by section 11 of Act 3219). Section 60. Whenever it is decided that lands covered by this chapter are not needed for public purposes, the Director of Lands shall ask the Secretary of Agriculture and Natural Resources for authority to dispose of the same. Upon receipt of such authority, the Director of Lands shall give notice by public advertisement in the same manner as in the case of leases or sales of agricultural public land, that the Government will lease or sell, as the case may be, the lots or blocks specified in the advertisement, for the purpose stated in the notice and subject to the conditions specified in this chapter, (As amended by section 12 of Act 3219 and section 12 of Act 3517). Section 61. The leases executed under this chapter by the Secretary of Agriculture and Natural Resources shall, among other conditions, contain the following: \(a) The rental shall not be less than three per centum of the appraised and reappraised value of the lands and one per centum of the appraised or reappraised value of the improvement \(b) The land rented, or the improvements thereon, as the case may be, shall be reappraised every ten years if the term of the lease is in excess of that period. \(c) The term of the lease shall be as prescribed by section thirty-seven of this Act. \(d) The lessee shall construct permanent improvements appropriate for the purpose for which the lease is granted, shall commence the construction thereof within six months from the date of the award of the contract of lease, and shall complete the said construction within eighteen months from the date of the execution of the contract. \(e) At the expiration of the lease or of any extension of the same, all improvements made by the lessee, his heirs, executors, administrators, successors, or assigns shall become the property of the Government. \(f) The regulation of all rates and fees charged to the public; and the annual submission to the Government for approval of all tariffs of such rates and fees. \(g) The continuance of the easements of the coast place and other easements reserved by existing law or by any laws hereafter enacted by the Legislature. \(h) Subjection to all easements and other rights acquired by the owners of lands bordering upon the foreshore or marshy land. The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. The Secretary of Agriculture and Natural Resources may, however, subject to such conditions as he may prescribe, waive the rescission arising from a violation of the conditions of subsection (d), or extend the time without which the construction of the improvements shall be commenced and completed. (As amended by section 13 of Act 3517). Section 62. The sale of the lands comprised in class (d) of section fifty-six shall, among others, comprise the following conditions: \(a) The purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased, shall commence work thereon within six months from the receipt of the approval of the purchase, and shall complete the construction of said improvements within eighteen months from the date of such approval or award; otherwise the Secretary of Agriculture and Natural Resources may rescind the contract. \(b) The purchase price shall be paid cash down or in annual installments, not to exceed ten. The contract of sale may contain other conditions not inconsistent with the provisions of this Act. (As amended by section 13 of Act 3219 and section 14 of Act 3517). Section 63. The kind of improvements to be made by the lessee or the purchaser, and the plans thereof, shall be approved by the Secretary of Commerce and Communications, in case they are constructions or improvements which, if made by the Government, would properly have to be executed under the supervision of the Bureau of Public Works. Section 64. The lease or sale shall be made through oral bidding; and adjudication shall be made to the highest bidder. However, where an applicant has made improvements on the land by virtue of a permit issued to him by competent authority, the sale or lease shall be made by sealed bidding as prescribed in section twenty-seven of this Act, the provisions of which shall be applied wherever applicable. If all or part of the lots remain unleased or unsold, the Director of Lands shall from time to time announce in the official Gazette or otherwise the lease or sale of those lots, if necessary. (As amended by section 15 of.Act No. 3517). Section 65. The Secretary of Agriculture and Natural Resources may grant temporary permission, upon payment of a reasonable charge, for the use of any portion of the lands covered by this chapter for any lawful private purpose, subject to revocation at any time when, in his judgment, the public interest shall require it. (As amended by section 16 of Act No. 3517). **TITLE IV** **LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES** **CHAPTER X.** **CONCESSION OF LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR PURPOSES** Section 66. Whenever any province municipality, or other branch or subdivision of the Government shall need any portion of the land of the public domain open to concession for educational, charitable, or other similar purposes, the Governor-General, upon recommendation by the Secretary of Agriculture and Natural Resources, may execute contracts in favor of the same, in the form of donation, sale, lease, exchange, or any other form, under terms and conditions to be inserted in the contract; but land so granted shall in no case be encumbered or alienated, except when the public service requires their being leased or exchanged, with the approval of the Governor-General, for other lands belonging to private parties, or if the Legislature disposes otherwise. Section 67. Any tract of public land of the class covered by this title may be sold or leased for the purpose of founding a cemetery, church, college, school, university, or other institution for educational, charitable, or philanthropical purposes or scientific research, the area to be such as may actually and reasonably be necessary to carry out such purpose, but not to exceed ninety-six hectares in any case. The sale or lease shall be made subject to the same conditions as required for the sale and lease of agricultural public land, but the Secretary of Agriculture and Natural Resources may waive the condition requiring cultivation. The Secretary of Agriculture and Natural Resources, if he sees fit, may order the sale to be made without public auction, at a price to be fixed by said Secretary, or the lease to be granted without the auction, at a rental to be fixed by him. In either case it shall be a condition that the purchaser or lessee or their successors or assigns shall not sell, transfer, encumber or lease the land for the purposes of speculation or use it for any purpose other than that contemplated in the application, and that the violation of this condition shall give rise to the immediate rescission of the sale or lease, as the case may be, and to the forfeiture to the Government of all existing improvements: PROVIDED, That it shall in no case be sublet, encumbered or resold under the conditions above set forth except with the approval of the Secretary of Agriculture and Natural Resources. (As amended by section 14 of Act No. 3219). **TITLE V** **RESERVATIONS** **CHAPTER XI.** **TOWN SITE RESERVATIONS** Section 68. Whenever it shall be considered to be in the public interest to found a new town, the Secretary of Agriculture.and Natural Resources shall direct the Director of Lands to have a survey made by his Bureau of the exterior boundaries of the site on which such town is to be established, and upon the completion of the survey he shall send the same to said Secretary, with his recommendations. (As amended by section 15 of Act No. 3219). Section 69. The Secretary of Agriculture and Natural Resources, if he approves the recommendations of the Director of Lands, shall submit the matter to the Governor-General to the end that the latter issue a proclamation reserving the land surveyed, or such part thereof as he may deem proper, as a town site, and a certified copy of such proclamation shall be sent to the Director of Lands and another to the register of deeds of the province in which the surveyed land lies. Section 70. It shall then be the duty of the Director of Lands, after having recorded the proclamation of the Governor-General and the survey accompanying, the same, and having completed the legal proceedings prescribed in chapter thirteen of this Act, to direct a subdivision in accordance with the instructions of the Secretary of Agriculture and Natural Resources, if there shall be such instructions, and if there shall not be any, then in the manner which may to the Director of Lands seem best adapted to the convenience and interest of the public and the residents of the future town. Section 71. The plat of the subdivision shall designate certain lots for commercial and industrial uses and the remainder as residence lots, and shall also reserve and note the lots owned by private individuals as evidenced by record titles, or as possessed or claimed by them as private property. Such lots, whether public or private, shall be numbered upon a general plan or system. The plat prepared by the Director of Lands shall be submitted to the Secretary of Agriculture and Natural Resources for consideration, modification, amendment, or approval. Section 72. Unless the necessary reservations are made in the proclamation of the Governor-General, the Director of Lands, with the approval of the Secretary of Agriculture and Natural Resources, shall reserve out of the land by him to be subdivided lots of sufficient size and convenient situation for public use, as well as the necessary avenue, streets, alleyways, parks, and squares. The avenues, streets, alleys parks plazas, and lots shall be laid out on the plat as though the lands owned or claimed by private persons were part of the public domain and part of the reservation, with a view to the possible subsequent purchase or condemnation thereof, if deemed necessary by the proper authorities. Section 73. At any time, after the subdivision has been made, the Governor-General may, in case the public interest requires it, reserve for public purposes any lot or lots of the land so reserved and not disposed of. Section 74. If, in order to carry out the provisions of this chapter, it shall be necessary to condemn private lands within the limits of the new town, the Governor-General shall direct the Attorney-General or officer acting in his stead to at once begin proceedings for condemnation, in accordance with the provisions of existing law. Section 75. When the plat of subdivision has been finally approved by the Secretary of Agriculture and Natural Resources, the Director of Lands shall record the same in the records of his office and shall forward a certified copy of such record to the register of deeds of the province in which the land lies, to be by such register recorded in the records of his office. Section 76. All lots, except those claimed by or belonging to private parties and those reserved for parks, buildings, and other public uses, shall be sold, after due notice, at public auction to the highest bidder, after the approval and recording of the plat of subdivision as above provided, but no bid shall be accepted that does not equal at lease two-thirds of the appraised value, nor shall bids be accepted from persons, corporations, associations, or partnerships not authorized to purchase public lands for commercial, residential or industrial purposes under the provisions of this Act. The provisions of section twenty-seven and sixty two of this Act shall be observed in so far as they are applicable. Lots for which satisfactory bids have not been received shall be again offered for sale, under the same conditions as the first time, and if they then remain unsold, the Director of Lands shall be authorized to sell them at private sale for not less than two-thirds of their appraised value. (As amended by section 17 of Act No. 3517). Section 77. All funds derived from the sale of lots shall be covered into the Insular Treasury as part of the general funds. Section 78. Not more than two residence lots and two lots for commercial and industrial uses in any one town site shall be sold to any one person, corporation, or association without the specific approval of the Secretary of Agriculture and Natural Resources. Section 79. This Legislature shall have the power at any time to modify, alter, rescind, repeal, annul, and cancel, with or without conditions, limitations, exceptions, or reservations, all and any dispositions made by the executive branch of the Philippine Government by virtue of this chapter, and the exercise of this power shall be understood as reserved in all cases, as an inherent condition thereof. **CHAPTER XII** **RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES** Section 80. Upon receipt of the order of the President of the United States, the Governor-General shall, by proclamation, designate such land as the President of the United States may set aside for military, naval, or other reservations for the use of the Government of the United States. Section 81. Upon the recommendation of the Secretary of Agriculture and Natural Resources, the Governor-General may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the Government of the Philippine Islands or of any of its branches, or of the inhabitants thereof, in accordance with regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it, including reservations for highways, rights of way for railroads, hydraulic power sites, irrigation system, communal pastures or leguas communales, public parks, public quarries, public fishponds, and other improvements for the public benefit. (As amended by section 16 of Act No. 3219). Section 82. Upon the recommendation of the Secretary of Agriculture and Natural Resources, the Governor-General may, by proclamation, designate any tract or tracts of the public domain for the exclusive use of the non-Christian natives, including in the reservation, in so far as practicable, the lands used or possessed by them, and granting to each member not already the owner, by title or gratuitous patent, of four or more hectares of land, the use and benefit only of a tract of land not to exceed four hectares for each male member over eighteen years of age or the head of a family. As soon as the Secretary of the Interior shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization, then the Governor-General may order that the lands of the public domain within such reservation be granted under the general provisions of this Act to the said inhabitants, and the subdivision and distribution of said lands as above provided shall be taken into consideration in the final disposition of the same. But any non-Christian inhabitant may at any time apply for the general benefits of this Act, provided the Secretary of Agriculture and Natural Resources is satisfied that such inhabitant is qualified to take advantage of the provisions of the same: PROVIDED, That all grants, deeds, patents and other instruments of conveyance of land or purporting to convey or transfer rights of property, privileges, or easements appertaining to or growing out of lands, granted by sultans, datus, or other chiefs of the so-called non-Christians tribes, without the authority of the Spanish Government while the Philippine Islands were under the sovereignty of Spain, or without the consent of the United States Government or of the Philippine Government since the sovereignty of the Archipelago was transferred from Spain to the United States, and all deeds and other documents executed or issued or based upon the deeds, patents, and documents mentioned, are hereby declared to illegal, void, and of no effect. (As amended by section 18 of Act No. 3517). Section 83. Upon recommendation by the Secretary of Agriculture and Natural Resources, the Governor-General may, by proclamation, designate any tract or tracts of land of the public domain for establishment of agricultural colonies; and although the disposition of the lands to the colonists shall be made under the provisions of this Act, yet while the Government shall have the supervision and management of said colonies, the Secretary of Agriculture and Natural Resources may make the necessary rules and regulations for the organization and internal administration of the same. The Secretary of Agriculture and Natural Resources may also, under conditions to be established by the Legislature, turn over a colony so reserved to any person or corporation, in order that such person or corporation may clear, break, and prepare for cultivation the lands of said colony and establish the necessary irrigation system and suitable roads and fences; but final disposition shall be made of the land in accordance with the provisions of this Act, subject, however, to such conditions as the Legislature may establish for the reimbursement of the expense incurred in putting such lands in condition for cultivation: PROVIDED, That the Legislature may direct that such land so prepared for cultivation may be disposed of only by sale or lease. **2.3 THE REGALIAN DOCTRINE OR STATE OWNERSHIP OF NATURAL RESOURCES** - The **Regalian doctrine** is to the effect that all lands of the public domain belong to the State, and that the State is the source of any asserted right to ownership in land and charged with the conversation of such patrimony. - The Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony. - The doctrine has been consistently adopted under the 1935, 1973, and 1987 Constitutions. All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. Thus, all lands that have not been acquired from the government, either by purchase or by grant, belong to the State as part of the inalienable public domain. - Necessarily, it is up to the State to determine if lands of the public domain will be disposed of for private ownership. The government, as the agent of the state, is possessed of the plenary power as the persona in law to determine who shall be the favored recipients of public lands, as well as under what terms they may be granted such privilege, not excluding the placing of obstacles in the way of their exercise of what otherwise would be ordinary acts of ownership. ======================================================================================================================================================================================================================================================================================================================================================================================================================================================================================== **Doctrines And Concepts In Property Ownership** **PROPERTY OWNERSHIP** is based on various doctrines and concepts that shape our understanding of this aspect in real estate. A "doctrine" is a principle or the principles in a system of belief (from the Latin word "docere" meaning "to teach"). On the other hand, "OWNERSHIP" is the independent right of a person to the exclusive enjoyment and control of a property, including its disposition and recovery, subject only to the restrictions established by law and rights of others. Ownership may be exercised over things or rights (Article 427, CCP). Ownership of property includes the following: Surface, Subsurface and Air Rights; Right to Hidden Treasure and Right of Accession. Pertinent provisions in the Philippine Constitution embodied therein are: 1\. No person shall be deprived of life, liberty or property without due process of law nor shall any person be denied the equal protection of laws." (Section 1, Article III -- Bill of Rights) 2\. "Private property shall not be taken for public use without just compensation." (Section 9, Article III -- Bill of Rights) **REGALIAN DOCTRINE OF PROPERTY OWNERSHIP** -- is a legal principle that holds that all natural wealth -- agricultural, forest, timber and mineral lands of the Public Domain and all other natural resources belong to the State. Thus, even if a private person owns the property where minerals are discovered, his ownership does not give him the right to extract or utilize said minerals without permission from the State to which such minerals belong. **"Regalian**" comes from the root word "regal" -- meaning royal or royalty. It is explained in the adage that: "Everything in the country without a registered owner is owned by the State." It is closely related to the Latin term "Res Nullius" which got its roots from the term "res" meaning things and "nullius" which means without an owner. "Res Nullius" therefore means things without an owner. Examples: fish in the ocean, wild animals, plants in the wild forests, etc. Since everything must have an owner, if there are no private claimants or owners, then that particular property is presumed to be owned by the State. Likewise, when a person dies without any heir, then the State succeeds to the estate of the deceased. **SOCIAL CONCEPT OF PROPERTY OWNERSHIP** (Obligation of the Owner). Pertinent provisions related to this concept are: 1\. The State shall promote social justice to ensure the dignity, welfare and security of all the people. Towards this end, the State shall regulate the acquisition, ownership, use, enjoyment, and disposition of private property, and equitably diffuse property ownership and profits. 2\. The rights of the individual impose upon him the correlative duty to exercise them responsibly and with due regard for the rights of others. **STEWARDSHIP CONCEPT OF OWNERSHIP**. A legal document which holds that a property ownership presupposes concomitant obligations to the State and the community, and that property is supposed to be held by the individual only as trustee by people in general. As mere trustee, the property owner must exercise his rights to the property not just for his own exclusive and selfish interest but for the good and general welfare of the nation as a whole. **Features and characteristics**: **THE CONCEPT OF JURE REGALIA** **(REGALIAN DOCTRINE)** 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 In a broad sense, the term refers to royal rights, or those rights to which the King has by virtue of his prerogatives The theory of jure regalia was therefore nothing more than a natural fruit of conquest **CONNECTED TO THIS IS THE STATE'S POWER OF DOMINUUM** Capacity of the state to own or acquire property---foundation for the early Spanish decree embracing the feudal theory of jura regalia This concept was first introduced through the Laws of the Indies and the Royal Cedulas 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 Law of the Indies was followed by the Ley Hipotecaria or the Mortgage Law of 1893. This law provided for the systematic registration of titles and deeds as well as possessory claims The Maura Law: was partly an amendment and was the last Spanish land law promulgated in the Philippines, which required the adjustment or registration of all agricultural lands, otherwise the lands shall revert to the State **THE REGALIAN DOCTRINE IS ENSHRINED IN OUR PRESENT AND PAST CONSTITUTIONS THE 1987 CONSTITUTION PROVIDES UNDER NATIONAL ECONOMY AND PATRIMONY THE FOLLOWING---** " Section 2. 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. 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." The abovementioned provision provides that except for agricultural lands for public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the State, the exploration, development and utilization of which shall be subject to its full control and supervision albeit allowing it to enter into coproduction, joint venture or production-sharing agreements, or into agreements with foreign-owned corporations involving technical or financial assistance for large-scale exploration, development, and utilization **THE 1987 PROVISION HAD ITS ROOTS IN THE 1935 CONSTITUTION** **WHICH PROVIDES**--- Section 1. All agricultural timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy and other natural resources of the Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, in which cases beneficial use may be the measure and limit of the grant. **THE 1973 CONSTITUTION REITERATED THE REGALIAN DOCTRINE** **AS FOLLOWS---** Section 8. All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, or resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, or utilization of any of the natural resources shall be granted for a period exceeding twenty five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than development of water power, in which cases, beneficial use may by the measure and the limit of the grant. **THE REGALIAN DOCTRINE DOESN\'T NEGATE NATIVE TITLE. THIS IS IN PURSUANCE TO WHAT HAS BEEN HELD IN CRUZ V. SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES** Petitioners challenged the constitutionality of Indigenous Peoples Rights Act on the ground that it amounts to an unlawful deprivation of the State's ownership over lands of the public domain and all other natural resources therein, by recognizing the right of ownership of ICC or IPs to their ancestral domains and ancestral lands on the basis of native title. As the votes were equally divided, the necessary majority wasn't obtained and petition was dismissed and the law's validity was upheld Justice Kapunan: Regalian theory doesn't negate the native title to lands held in private ownership since time immemorial, adverting to the landmark case of CARINO V. LOCAL GOVERNMENT, where the US SC through Holmes held: "xxx the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land." Existence of native title to land, or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish crown as an exception to the theory of jure regalia Justice Puno: Carino case firmly established a concept of private land title that existed irrespective of any royal grant from the State and was based on the strong mandate extended to the Islands via the Philippine Bill of 1902. The IPRA recognizes the existence of ICCs/IPs as a distinct sector in the society. It grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the extent of these lands and domains Justice Vitug: Carino cannot override the collective will of the people expressed in the Constitution. Justice Panganiban: all Filipinos, whether indigenous or not, are subject to the Constitution, and that no one is exempt from its all-encompassing provisions V. **LEARNING ACTIVITIES** Activity No. 1.Research the complete content of 1987 Constitution of the Philippines Local government imposing limits on the use of private land 1.Governments, especially local governments based on authority granted by state government, also impact or limit how owners can use their land For example: \"County power to regulate property. For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county \... the location and the use of buildings and structures and the use, condition of use, or occupancy of lands for residence, recreation, and other purposes \... \" 2\. A board of county commissioners may regulate the nature and scope of concentrated feeding operations permissible in the county; however, if a regulation would impose a substantial economic burden on a concentrated feeding operation in existence before the effective date of the regulation, the board of county commissioners shall declare that the regulation is ineffective with respect to any concentrated feeding operation in existence before the effective date of the regulation. 3\. A regulation may not preclude the development of a concentrated feeding operation in the county. A regulation addressing the development of a concentrated feeding operation in the county may set reasonable standards, based on the size of the operation, to govern its location Activity No. 2 Cite an example regarding Local government imposing limits on the use of private land. VI. **EVALUATION** VII. **ASSIGNMENT** **1**. What is the purpose of the 1987 Philippine Constitution? 2\. Who are the authors of the 1987 Philippine Constitution? 3\. What is Preamble of the 1987 Philippine Constitution? 4\. characteristics of government is established by the 1987 Constitution? 5\. What are the 10 basic human rights in the Philippines? 6\. What is the main purpose of constitution? 7\. What are the six constitution of the Philippines? 8\. What are the basic rights of workers under the 1987 Philippine Constitution? 9\. What is the purpose of 1973 Philippine Constitution? VIII. **REFERENCES** 1\. https//www.studo.com.BS Geodetic Engineering Introduction to laws on Public and private laws 2\. https//www, science direct.com Private land an overview 3\. [www.nap](http://www.nap) edu.com. Public and private land an overview 4.www. legal dictionay.com. Legal definitions