Imperium v Dominium

Imperium is the government authority possessed by the State which is appropriately embraced by the concept
of sovereignty while dominium is the State’s capacity to own or acquire property.

May a private individual assail the legality of a grant?

No, only the government represented by the Director of Lands or the Secretary of Agriculture and Natural
Resources, can bring an action to cancel a void certificate of title pursuant to a void patent.
Exception:
A private individual may bring an action for reconveyance of a parcel of land even if the title thereof was issued
through a free patent since such action does not purport to the re-opening of the registration proceeding but merely ro
show that the person who secured the registration is not the real owner thereof.

Regalian Doctrine
All lands not otherwise appearing to be of private ownership are presumed to belong to the State. This doctrine
was first introduced in the Philippines by the Spaniards through the Laws of Indies or Royal Cedula which laid down the
foundation that all lands that were not acquired from the government either by purchase or grant, belong to the public
domain.
That one claiming ownership over a parcel of land based on adverse possession shall overcome the presumption
that such land in dispute ceased to be a part of the public domain. A positive act of the Government reclassifying such
land to alienable and disposable land must be shown.

Exception to the Requirement of Classification of Land to A&D

Native Title: Where such possessors cannot produce title deeds, it shall be sufficient that ancient possession be proved.
It is also stated in the law that a 20 year uninterrupted occupation for cultivated lands and 30 years uninterrupted
occupation of uncultivated land is enough to be entitled to possessory claims.

Constitutionality of the IPRA Law? IPRA deprives the State of its right to natural resources and minerals found within
The Constitutionality of the IPRA Law is upheld. Nothing in the said law grants to ICCs/IPs the right over natural
resources or minerals found within. It is merely a grant of ownership over the land subject to the prohibition that such
right does not include the right to alienate the same.

Whether Unclassified Lands be automatically deemed agricultural lands

No. To prove that the land subject of an application is an alienable land, it must be proved that a positive act of
the government classifying the same is in existence by virtue of presidential proclamation or executive order.

Prescription and laches will not bar the State from recovering its property acquired through Fraud

Is an applicant for a Patent a real party interest for a reconveyance?

No. Under the Rules of Court, every action must be prosecuted or defended in the name of the real-party in
interest, or one, who stands to be benefited or injured in the judgment of the suit. Legal standing has been defined as a
personal or substantial interest in a case such that a party has sustained or will sustain direct injury as a result of the
challenged act.