Reviewer - Law on Natural Resources and Other Environmental Laws PDF

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NEW ERA UNIVERSITY 12. Kaingin No. 9 Central Ave., Diliman, QC Kaingin is a farming method in a portion of the forest land which is subject to slash-and-burn cultivation LAW ON NATURAL RESOURCES AND OTHER having little or no provision to prevent soil erosion. ENVIRONMENTAL LAWS 1st Semester, SY 2015...

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NEW ERA UNIVERSITY No. 9 Central Ave., Diliman, QC LAW ON NATURAL RESOURCES AND OTHER ENVIRONMENTAL LAWS 1st Semester, SY 2015 – 2015 Schedule: Monday, 8:00PM to 10:00PM Atty. Jonas Leones Undersecretary – DENR Midterm Exam 1.

Government Lands Government lands are lands owned by the government which may be classified into (a) lands of public domain, either alienable or inalienable, or (b) lands of private domain.

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Public Lands Public land is a subset of government land which are lands intended for public use. It.

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Doctrine of Primary Jurisdiction Doctrine of Primary Jurisdiction – the courts will not resolve controversy involving question which is within the jurisdiction of an administrative tribunal especially where the question demands the knowledge, experience and services of administrative tribunal to determine technical and intricate matter of fact.

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Homestead Settlement Homestead Settlement is a mode of disposition of land by which a qualified beneficiary is granted with a portion of land of public domain in exchange of cultivation efforts. Exhaustion of Administrative Remedy Doctrine of Exhaustion of Administrative Remedy provides that court action will not prosper until all the remedies have been exhausted at administrative level. It simply deprives the plaintiff of a cause of action, which is a ground for a motion to dismiss.

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Imperfect Title Imperfect Title is a scenario in which a vested right under a bona-fide ownership is acquired over the land in the absence of a Torrens Title

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Foreshore Lands Foreshore land is a strip of land that lies between the high and the low watermarks that is alternately wet and dry.

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Vested Right Vested right is some right or interest in the property which has become fixed and established and no longer open to doubt or controversy by any parties or regulation. This vested right over a property may not be altered or deprived by executive fiat alone without contravening the due process guarantees of the constitution.

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Ordinary Registration Proceedings Ordinary Registration Proceeding is a proceeding for registration of ‘unregistered’ land filed in RTC, initiated by those who, by themselves or through their predecessors-in-interest, have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.

10. Cadastral Registration Proceedings Cadastral proceedings is a government initiated proceeding for compulsory registration of ‘unregistered’ land by filing petition against holder/ claimant, otherwise, they lose their right to own their property. 11. Critical Watershed Critical Watershed is a drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing rehabilitation.

12. Kaingin Kaingin is a farming method in a portion of the forest land which is subject to slash-and-burn cultivation having little or no provision to prevent soil erosion. 13. Forest Land Forest Land is a type of land under the constitution which is beyond the commerce of man and may not be alienated or disposed. It includes public forest, permanent forest and forest reservations. 14. Laches Laches is based on the maxim that "equity aids the vigilant and not those who slumber on their rights." It is a failure or neglect for an unreasonable time to assert a right, warranting a presumption that the party entitled thereto has either abandoned on declined it. 15. Financial or Technical Assistance or Agreement A Financial or Technical Assistance Agreement is a contract involving financial or technical assistance for largescale exploration, development, and utilization of natural resources, in which the collection of government share shall commence after the contractor has fully recovered its preoperating expenses. In case of FTAA, any legally-organized foreign-owned corporation is deemed a “qualified person.” 16. Ore Transport Permit Ore Transport Permit is a permit specifying the origin and quantity of non-processed mineral ores from mine site to warehouse. 17. Exploration Permit Exploration permit grants a qualified person the right to conduct exploration for all minerals in specified area. 18. Filipino Owned Corporation Filipino-Owned Corporation refers to a corporation owned by Filipino shareholders of at least 60% ownership. 19. Multiple Use Management Multiple use management provides that only utilization, exploitation, occupation or possession of natural resources that will produce optimum benefits, with least injury, shall be allowed. 20. Principle of Intergenerational Responsibility Principle of Intergenerational Responsibility provides that man bears a solemn responsibility to protect and improve the environment for present and future generations. Essentially, the principle means that we hold the natural resource treasures of the earth in trust for the benefit, enjoyment and use of the generations of humankind yet to come. Problems 1. Regalian Doctrine v. Doctrine of Native Titles Regalian Doctrine is enshrined in Article XII, Section 2 of the 1987 Constitution which provides that all lands of public domain, including its natural resources, belong to the state. All lands not appearing to be of public domain presumptively belong to the state. On the other hand, Doctrine of Native Titles provides that that indigenous people may obtain recognition of their right over ancestral lands and ancestral domain by virtue of a native title. Both provision is harmonized in the doctrine enshrined in Cruz v. DENR, which provides that the ancestral domains are areas owned by the indigenous people since time immemorial, hence, these were never part of public domain. Since these lands were never a part of public domain, therefore, they are not covered by the Regalian Doctrine. 2.

Discuss the forms of mineral agreement: Co-production Agreement, Joint Venture Agreement and Production Sharing Agreement Under Section 2, Article XII of the Constitution, the State may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or 1

corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding 25 years, renewable for not more than 25 years. Co-production agreement is an agreement between government and a contractor where the government will share inputs on mining operations other than minerals. Meanwhile, in joint venture agreement, the government enters into a business venture to set-up a firm in which share of equity and gross revenue is expected. On the other hand, a production-sharing agreement is where a government provides an exclusive grant to a corporation for the utilization of natural resources in exchange of taxes or royalties. 3.

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Is A liable under Forestry Code for cutting trees within his ancestral land? Yes. A is liable under Forestry code. Under the law, cutting and removing of trees/timber without necessary permit from DENR, regardless of ownership or location of the trees, is punishable by law. It is also in consonance with Regalian doctrine that all lands of public domain and natural resources are owned by the state. In the case at bar, although the land of A is an ancestral domain, the trees planted over the land is still subject to the Forestry Code which prohibits the cutting done by A. Therefore, A is liable under the penal provisions of the Forestry Code, equivalent to the penalty of qualified theft as the case may be. Is mere possession of trees/timber liable under forestry code? Yes. Mere possession of trees/timber without necessary permit from DENR is a prima facie evidence of violation of the Forestry Code. Perpetrators liability will be equivalent to that of qualified theft, as the case may be.

GENERAL RULE ON PRIVATE LANDS 

Private lands can only be transferred or conveyed to: 1. Filipino Citizen 2. Corporations or associations incorporated in the Philippines, at least 60% of capital is owned by Filipino Citizen

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Exception on the general rule: 1. In intestate succession, where an alien heir of a Filipino is the transferee of private land 2. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private land, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title. 3. Foreign states may acquire land only for embassy and staff residential purposes.

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Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not deprive ownership.

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Restriction against aliens only applies to ownership. Therefore: 1. Aliens may be lessees or usufructuaries of private lands 2. Aliens may be mortgagors of land, as long as they do not obtain possession thereof and do not bind foreclosure sale.

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Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by non-Filipinos cannot acquire and own land, even for religious purposes

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Remedies to recover private lands from disqualified aliens (provided that the alien has not passed ownership to qualified person yet): 1. Escheat proceedings 2. Action for reversion under Public Land Act 3. An action by the former Filipino owner to recover the land. (Remarks: Pari delicto principle has been abandoned.)

What us the jurisdiction of MTC in land registration proceedings? Application for registration shall be heard in RTC. However, MTC has the delegated jurisdiction to hear and determine cadastral or land registration cases in the following instances: 1. 2.

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corporation may validly own the land since private lands are alienable and not part of the public domain.

Where the lot sought to be registered is not the subject of the controversy Value of the lot does not exceed P100,000.00

What are the instances when an aggrieved party be allowed to file directly to court without exhaustion of administrative remedy? 1. 2. 3.

When there is a violation of due process When the issue involved is purely question of law When the administrative action is patently illegal amounting to lack or excess of jurisdiction 4. When there is estoppel on the part of the administrative agency concerned 5. When there is irreparable injury. 6. When the respondent is department secretary whose acts as an alter ego of the President bears the implied and assumed approval of the latter 7. When to require exhaustion of administrative remedies would be unreasonable 8. When it would amount to the nullification of the claim 9. When the subject matter is a private land in land case proceedings 10. When the rule does not provide a plain, speedy and adequate remedy 11. When there are circumstances indicating the urgency of judicial intervention 7.

May a private corporation acquire ownership over lands of public domain? As a general rule, corporation is not allowed to own lands of public domain. However, the only way for a Filipino Corporation to own lands of public domain is thru adverse possession under bona fide ownership of a predecessor in interest. Hence, if a land is already a private land, a 2

CA 141: Public Land Act Article I of 1987 Constitution. National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Differentiate Imperium v. Dominium Imperium is the State’s authority to govern. It covers such activities as passing laws governing a territory, maintaining peace and order, and defending it against foreign invasion. On the other hand, dominium is the capacity to own or acquire property. It covers such rights as title to land, exploitation and use of it, and disposition or sale of the same. Regalian Doctrine is under the realm of dominium. What are the natural resources of the State? The natural resources of the State are: [1]All

lands of the public domain

waters [3]minerals [4]coal [5]petroleum [6]other mineral oils [2]

[7]all

forces of potential energy

fisheries [9]forests or timber [10]wildlife [11]flora and fauna [12]other natural resources [8]

Who are the Indigenous people? Indigenous People refer to a group of people who have continuously lived as an organized community on communally bounded and defined territory. These groups of peoples have actually occupied, possessed and utilized their territories under claim of ownership since time immemorial. Differentiate ancestral land v. ancestral domain Ancestral land refers to the land occupied by the individual families and clans who are member of indigenous cultural community since time immemorial. Ancestral domain, on the other hand, is defined as areas generally belonging to industrial communities. What are the classification of lands? 1. In general: I. Lands of Public Domain (a.k.a Public Land) A. Alienable 1. Agricultural Land B. Non-Alienable 1. Forest or Timber Land 2. Mineral Lands 3. National Park II. Lands of Private Domain – Land belonging to the state as a private individual without being devoted for public use, public service or development of national wealth 2.

According to Civil Code I. Public Dominion – Those intended for public use; these properties are: (1) Outside the commerce of man; (2) not subject to levy, encumbrance or disposition through public or private sale. II. Patrimonial Properties – Former properties of the public dominion that are no longer intended for public use or public service.

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According to the 1987 Constitution I. Agricultural Land II. Forest or Timber III. Mineral Lands IV. National Park

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According to 1973 Constitution Agricultural, industrial, commercial, residential, resettlement mineral, timber or forest, grazing lands, and other classes as may be provided by law.

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According to 1935 Constitution I. Agricultural Land II. Forest or Timber III. Mineral Lands

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According to Public Land Act I. Alienable or disposable II. Timber III. Mineral Lands

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Classification of Public Lands Open to Disposition I. Agricultural II. Residential, commercial, industrial, or for similar productive purposes III. Educational, Charitable, or for other similar purposes IV. Reservation for town sites and for public and quasipublic purpose.

Who shall make classification provided for in Public Land Act? The President, upon recommendation by the Secretary of Environment and Natural Resources, shall, from time to time, make the classification and reclassification of lands from one class to another. Before the President could alienate or dispose the lands of public domain, the President must first officially classify these lands as alienable and disposable and declare them open for disposition. Classification is a prerogative of the executive department and not the court. No public land can be acquired by private person without express or implied grant. Unless public land is shown to have been reclassified or alienated to a private person by the State, it remains part of inalienable public domain. Therefore, possession in the concept of owner, no matter how long, cannot ripen into ownership and be registered as a title. Differentiate classification v. reclassification in line with PLA Classification means grouping of lands similar to each other, either as agricultural, forest or timber, mineral or national park, while reclassification means transfer of land from one class to another. Proper classification is essential because only lands classified as agricultural land may be alienated and disposed. How may public lands be disposed? 1. Homestead settlement 2. Sale 3. Lease 4. Confirmation of imperfect/incomplete title 4.1 Judicial legalization 4.2 Administrative legalization I. 1. 2. 3. 4. 5. 6.

HOMESTEAD Citizen of the Philippines Over 18 years of age or head of the family Not exceeding 12 hectares Must have cultivated and improved at least 1/5 of land continuously since approval of the application Resided for at least 1 year in the municipality in w/c the land is located or in the municipality adjacent to the same Payment of required fee

II. SALE What are the qualification for sale of public land? 1. Citizen of the Philippines 2. Over 18 years of age or head of the family 3. Not exceeding 12 hectares 4. Mode of sale through sealed bidding 5. Paid in full or 10 annual equal installment 6. Must have cultivated and improved at least 1/5 of land within 5 years from date of award 7. Must show actual occupancy, cultivation and improvement of at least 1/5 of the land until the date of final payment Requisites of a private sale 1. A Filipino citizen of legal age 2. Not the owner of a home lot in the municipality in which he resides 3. Have established good faith 4. Have construed his home and actually resided therein 5. Lot to be purchased not more than 1,000 sqm 3

Section 59 classifies land disposable under Title III as follows: Lands reclaimed by the government 1 by dredging, filling or other means 2 Foreshore Lease only Marshy lands or lands covered with 3 water bordering upon shores or banks of navigable lakes or rivers Lands not included in any of the 4 Lease/ Sale foregoing classes

may be conveyed or inherited. No subsequent law can deprive him of the vested right. If he complied, he acquires the property right. Not only a right to grant but the grant from the government.

III. LEASE What are the qualification for Lease? A. Filipino Citizen 1. Not to exceed 500 hectares 2. 1/3 of the land must be cultivated within 5 years. B. Corporation 1. 60% Filipino-owned 2. Period of lease: not to 25 years, renewable for not more than 25 years. 3. Not to exceed 1,000 hectares 4. 1/3 of the land must be cultivated within 5 years.

Does res judicata operates against third party with a better right? Res judicata will not operate against a third party who appears with a better right and title to the property. It does not operate as a bar to the proceedings for registration instituted on the grounds of new evidence. Res Judicata, a brocard, is a basic principle of law which provides that a matter judged by a competent court may not be pursued by the same party. The requisites of Res Judicata are: 1. The former judgment must be final 2. Judgment must be on the merits of the case 3. The former decision is rendered by the court having jurisdiction over the subject. 4. There is similar identity of parties, subject matter and cause of action for both cases.

Conditions of Lease of public land:  Lessee construct permanent improvement of the land  At the expiration of the lease, all improvement shall become government’s property Limitations regarding Alienable land of Public Domain Limitations on area Lease* Sale Private Corp. 1,000 hectares n/a 12 hectares (thru Filipino Citizen 500 hectares purchase, homestead or grant) *Lease period cannot exceed 25 years, renewable for not more than 25 years X filed a lease to a foreshore land. Subsequently, it was converted into a commercial or industrial land prior to the approval of the lease. Will the application be terminated? NO. The application of th...