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Philippine Bar review · Question

Practice question: Regalian Doctrine

Essay Hard

Practice question

The Government accepts that land is already lawfully private but invokes the Regalian doctrine as the sole reason it may take the parcel for a facility without applicable acquisition safeguards. Explain the conceptual error without disputing any mineral-resource ownership issue.

Legal references

  • 1987 Constitution, Article XII, Sections 2-3: https://lawphil.net/consti/cons1987.html
  • 1987 Constitution, Article III, Section 9: https://lawphil.net/consti/cons1987.html

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