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Republic vs. Pasig Rizal Co., Inc. [SEPARATE CONCURRING OPINION, LEONEN, J.]

REPUBLIC OF THE PHILIPPINES, PETITIONER, VS. PASIG RIZAL CO., INC.,* RESPONDENT.

G.R. No. 213207 | 2022-02-15

SEPARATE CONCURRING OPINION

LEONEN, J.:

While the ponencia has graciously included my observations on the regalian doctrine, allow me to express a few more points on this subject.

The regalian doctrine is a legal fiction devoid of clear constitutional mooring. Our Constitution does not support the presumption that all land is considered public by default because they were passed down from the Spanish Crown to the State. Article XII, Section 2 of the 1987 Constitution limits State ownership only to lands of the public domain:
 
SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other...