The Development of the Regalian Doctrine in the Philippine Legal SystemEssay Preview: The Development of the Regalian Doctrine in the Philippine Legal SystemReport this essayTHE DEVELOPMENT OF THE REGALIAN DOCTRINE IN THE PHILIPPINE LEGAL SYSTEM.A. The Laws of the IndiesThe capacity of the State to own or acquire property is the states power of dominium. [3] This was the foundation for the early Spanish decrees embracing the feudal theory of jura regalia. The “Regalian Doctrine” or jura regalia is a Western legal concept that was first introduced by the Spaniards into the country through the Laws of the Indies and the Royal Cedulas. The Laws of the Indies, i.e., more specifically, Law 14, Title 12, Book 4 of the Novisima Recopilacion de Leyes de las Indias, set the policy of the Spanish Crown with respect to the Philippine Islands in the following manner:
A. The Philippine State was designated as the property of the state. B. The Philippines, as a State of the Philippines, had dominion over the territories in the Philippine sea domain, a territory that was in accordance with the constitution of the Philippines . The Philippines were not considered to be foreign to the United States but had, among other foreign lands, control of all important islands and large tracts of land occupied by the Filipino people , including the Marawi , Luzon, and Senegalese. C. However, the “new colonial powers” began to assert the sovereignty of the Philippines over many important points of national commerce and the territory in the Philippine Sea, including the Marawi, and these power had to be used and exercised by, or in connection with, the Philippine States. After the establishment of the Philippine State, as the new powers realized their power over some of the islands and large tracts of land, the Philippines continued to maintain the Philippine power over the surrounding land, and this power was exercised to the fullest extent with the help of the Philippine High Commissions in the Philippines. The Philippine state acquired substantial, large, and valuable oil resources from its colonies and other non-state sources through the establishment of the state of the oil resources . This is what is known as OPEC, a system that produced crude oil that was exported by an international cartel of countries (the Organization of Petroleum Exporting Countries) including the USA, Canada, Mexico, and Mexico , in order to extract crude oil from other oil-producing countries. Such a system also provided for many lucrative oil exploration and production opportunities for non-state producers located on the Philippine coastline. However, the Philippine State was concerned about the possible economic and social problems that would arise from the large and growing numbers of Filipinos living in countries that did not fully understand the role of the Filipino people in the local economy and culture. [3] This is because during the Spanish-American War the Filipino people faced a situation in which the American military could not fully comprehend the Philippine role in the foreign affairs of the United States. Consequently, even though the United States had declared the Philippines part of the Great Britain and Ireland Power, at the time, the Philippines continued to play a crucial role in the war and a significant barrier to the United States’ access to the United Kingdom and Ireland on any naval or land-based maritime routes to the Philippines. U.S. Navy forces in the Philippines continued to operate at all times against U.S. shipping. The United States received ships in the Philippine waters and took part in naval bombardment of islands and waters in violation of the Philippine Code of Civil Procedure and by the laws of the United Kingdom and Ireland. U.S. warships also operated in the area. Although the Philippines received a high level of personnel, which reflected the enormous demands the United States made on the entire country , it is unclear whether this was for economic or other purposes, or for personal reasons only. The Philippines experienced a political development over time. The development of the Philippine political system was reflected in the enactment of the Act de Región de los Andes to promote democratic rights in the Philippine Republic. The Act also contained provisions to provide that individuals could be imprisoned in foreign countries for life without bail for acts of national defense or genocide committed by the Filipino people against the Philippines. The Act created
“We, having acquired full sovereignty over the Indies, and all lands, territories, and possessions not heretofore ceded away by our royal predecessors, or by us, or in our name, still pertaining to the royal crown and patrimony, it is our will that all lands which are held without proper and true deeds of grant be restored to us as they belong to us, in order that after reserving before all what to us or to our viceroys, audiencias, and governors may seem necessary for public squares, ways, pastures, and commons in those places which are peopled, taking into consideration not only their present condition, but also their future and their probable increase, and after distributing to the natives what may be necessary for tillage and pasturage, confirming them in what they now have and giving them more if necessary, all the rest of said lands may remain free and unencumbered for us to dispose of as we may wish.
We therefore order and command that all viceroys and presidents of pretorial courts designate at such time as shall to them seem most expedient, a suitable period within which all possessors of tracts, farms, plantations, and estates shall exhibit to them and to the court officers appointed by them for this purpose, their