To What Extent Did The Regalian Doctrine Contribute To The Minoritization Of The Indigenous Communities?

To what extent did the regalian doctrine contribute to the minoritization of the indigenous communities?

 

Answer:

The Regalian Doctrine creates tension in defining property of the indigenous groups because it does not align to its traditional way of property distribution which is merit-based. Thus, contributing to the minoritization of the indigenous communities

Explanation:

The Regalian Doctrine also known as "jura regalia", is the most basic principle of land-ownership. This foundation of Spanish colonial law has been said to apply to all Spanish colonial holdings, especially the Philippines, being a colonial territory for over three centuries. Generally under this concept, all lands of the public domain should belong to the State ---of which the State is the source of any asserted right to ownership of land and properties. So how this contributes to the minoritization of the indigenous communities? Simple. This colonial legacy of the Spaniards creates tension in defining property of the indigenous groups because it does not align to its traditional way of property distribution which is merit-based. It contradicts to the very essence of existence of the indigenous community and their rights over the ancestral lands. For instance, if you ask a Lumad (indigenous group), "Where is your land title?" or "Present to me all the documents or show me any accredited proof that you own this piece of land?" For sure they could not give you that.  

The indigenous people have failed to obtain such titles under the doctrine due to government prescription since most of them illiterate and socially and politically marginalized. To them, their "Yutang kabilin" (ancestral land) is life because it is the source of food and shelter. Lumads are among of the most environment-loving people of which they believe that they are protector of the land given to them by their Magbabaya or Manama (God) and entrusted to them by their ancestors. They are convinced that their role in their land is to ensure that the generations to come will have better quality of life that they now enjoy.  

Since the Regalian doctrine provides that all lands belong to the State, it becomes an imperative to produce titles evidencing ownership to particular lands for those who wanted to prove otherwise—which is alien to the indigenous community. Although a big portion of the ancestral domains has been taken over by other people and groups especially private companies and entities that divides them for centuries, the State however, continues to assert and help them of its right over all lands by virtue of the doctrine. With high hopes, this will still be in place—a process, despite the harsh and confiscatory effects of this constitutionally adopted feudal concept of the Spaniards, will soon reap the respect and legal recognition of their rights.