promulgated by man to regulate human relations (Civil Law, Commercial Law, Family Code)
Classification of Man-made Laws
International Law, Constitutional Law, Administrative Law, Political Law, Criminal Law
International Law
relations between and among states
Constitutional Law
relations between state and citizens
Administrative Law
rules governing the organization of the government and the competence needed to implement the law
Political Law
rules dealing with the operation of government and defines the relations of the state with the inhabitants
Criminal Law
trial and punishment for transgression of laws
Private Law
private relations - civil law, commercial law, procedural law
CIvil Law
organization of family and regulation of property, regulations relations for protection of private interests
Commercial Law
relationship of persons in trade, commerce, and businesses
Procedural Law
governs the enforcement of rights, remedial law
Hierarchy of Laws
1. Constitution
2. Statutes/Legislations
3. Administrative Issuances
4. Local Ordinances
5. Jurisprudence
6. Procedures and Codes of Conduct
Act XII 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.
Regalian Doctrine
all lands belong to the state
Section 3
Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks
Who decides initial classification of land
President (executive in nature), through secretary of DENR (NAMRIA)
Re-Classification
done through Congressional Act
Public Dominion/Public Property
intended for public use, belong to the state without being for public use and are intended for public service or development of national wealth
Patrimonial Property
all other property of the state that is not intended for public use or public service
Private Property
all property belonging to private persons individually or collectively
Agricultural Land of the PH
47%
Forest Land in PH
50%
Unclassified Land in PH
3%
Total Land Area and Population of PH
30M Hectares, 90+ Million
Department of Environment and Natural Resources (DENR)
main agency involved in surveying and titling of public lands
Land Management Bureau
involved in issuance of policies on land disposition and management
National Mapping and Resource Information Authority
mapping, land classification, establishment of reference point
Register of Deeds (RoD)
Registers patents, CLOAs, CADT/C, registration of subsequent voluntary and involuntary transactions of registered lands
Department of Agrarian Reforms (DAR)
Implements Comprehensive Agrarian Reform Law
National Commission of Indigenous People
Resolves issues on ancestral lands and issues Certificate of Ancestral Titles/Claims
The Courts (Judiciary)
Hears and decides land registration cases (voluntary and cadastral proceedings)
Local Government Units
issues tax declarations, prepares tax maps, maintains tax assessment rolls, zoning ordinances, conversion of lands and other land management functions