Home Columns Atty. Lanang Ali What we should know about Land tenure as a mode of holding property known as the “Regalian Doctrine” applied in Mindanao?
What we should know about Land tenure as a mode of holding property known as the “Regalian Doctrine” applied in Mindanao?
Friday, 24 October 2008 07:40 administrator
Regalia: Royal rights which a King has by virtue of his prerogative. These include the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money. Thus, under the Regalian Doctrine, all lands of the public domain belong the State, which is the source of any assorted right of ownership of land. History tells us that the King of Spain had not exercised said Royal rights or prerogative the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money within the Bangsamoro homeland. The Regalian doctrine of acquiring land or any of the patrimony of the Bangsamoro people for having originated will never be welcome to the Bangsamoro people. The Bangsamoro people has completely disregarded the theory of jura regalia, for it is nothing more than a natural fruit of conquest of the neighboring Visayas and Luzon.
The term land tenure denotes a mode of holding property. During the Middle Ages, to the West, like in Spain, theoretically, all land is owned by the Crown and all who are possessed of land hold the same absolutely for the Crown as there was no division of the Church and State. In England, similarly, all land is owned by the English Crown and all who are possessed of land hold the same mediate or immediately of the Crown. The possession of land by a subject is called tenure which may be in capite or in chief, that is, he tenant may hold the land directly from the Crown or it may be mesne tenure where he holds the land from another subject. While the Crown had dominion of the soil, the tenant had the right to the possession thereof (tenure). The tenant’s right to the use of the profits of the soil was “seisin“.

Before the signing of the Treaty of Paris on April 11, 1899, or to be more accurate, even before coming of Spaniards or of Western Powers, theologically, in Islam, the Moro Sultans, as Vice gerent of Allah in this part of Mindanao were the care-takers of all lands in Mindnao, Sulu and Palawan exclusively for the Bangsamoro people, whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Moro Sultanate, hence, private ownership of land could only be acquired through Moro royal concessions.

Comparatively speaking, land tenure as practiced in Islam is essentially similar or akin to the land tenure in capite or in mesne as practiced in England. Since we are talking here of land, Allah had reminded the Sultan and His subjects alike that all bounties proceed from Allah. These bounties from Allah may be in the form of food, clothing, houses, gardens, wealth, land e.g. influence, power, birth and the opportunities flowing from it, health, talents, etc., e.g., into good and evil, understanding of men, the capacity for love, etc. The Moro Sultans and the Bangsamoro people are to use the land in humility and moderation. But they are also to give out of every one of them something that contributes to the well-being of others. They are to be neither ascetics for luxurious sensualist neither selfish misers nor thoughtless prodigals. Since many Bangsamoros are devout Muslims, I recommend land tenure as practiced in Islam in areas where Muslims are predominant, otherwise, I recommend the English practice. In areas where the relics of feudalism or the like of it apparent or still strong; a new law on land tenure following our culture, customs and traditions may be enacted therefor.

Regalia: Royal rights which a King has by virtue of his prerogative. These include the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money. Thus, under the Regalian Doctrine, all lands of the public domain belong the State, which is the source of any assorted right of ownership of land. (Seville vs. National Development Corporation 351 SCRA 112)

Before the Treaty of Paris on April 11, 1899, Filipino lands, whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Spanish Crown, hence, private ownership of land could only be acquired through royal concessions. (Palomo Court of Appeals 266 SCRA 942) hence private ownership of land whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Moro Sultan. Land titles did not exist in the Moro people and other indigenous peoples’ economic and social system – the concept of individual land ownership under the civil law is alien to them. On March 2, 2000, the Negotiating Parties had signed a Joint Communique wherein the Parties agreed to cluster the Agenda items into six (6) aggrupations, namely:

1.Ancestral Domain/ Agrarian Related Issues;
2.Destruction of Properties and Victims of War/ Displaced and Landless Bangsamoro;
3.Human Rights issues;
4.Social and Cultural Disdrimination/ Corruption of the Mind and Moral Fibre;
5.Economic Inequities and Widespread Poverty;
6.Exploitation of Natural Resources.

All the above aggrupations are of prime importance, priority to the Bangsamoro people who are in dire need of land to start a living being farmers, however the members belonging to the second aggrupation must be given top priority in all aspect of rehabilitation.