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The Regalian Doctrine - Alai
The Regalian Doctrine - Alai
The Regalian Doctrine - Alai
The 1987 Constitution, like the 1935 and 1973 Constitutions, embodies the
principle of State ownership of lands and all other natural resources in Section 2 of
Article XII on “National Economy and Patrimony,” to wit:
The principle had its roots in the 1935 Constitution which expressed the
overwhelming sentiment in the Convention in favor of the principle of State
ownership of natural resources and the adoption of the Regalian doctrine as
articulated in Section 1 of Article XIII on “Conservation and Utilization of Natural
Resources” as follows:
Thus, after expressly declaring that all lands of the public domain, waters,
minerals, all forces of energy and other natural resources belonged to the State, the
Commonwealth absolutely prohibited the alienation of these natural resources.
Their disposition, exploitation, development and utilization were further restricted
only to Filipino citizens and entities that were 60 percent Filipino-owned.
The 1973 Constitution reiterated the Regalian doctrine in Section 8, Article XIV
on the “National Economy and the Patrimony of the Nation,” to wit:
The present Constitution provides that, except for agricultural lands of the 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 co-production, 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.