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*note that in class, we were only restricted to 1), 4) and 7)

LA BUGAL BLAAN, INC. v RAMOS


I.

Financial or Technical Assistance Agreement Safeguards (Art.


XII, Sec. 2, 1987 Constitution)

II.

Modes by which the State May Explore, Develop and Utilize


Natural Resources

In the case of La Bugal Blaan Tribal Association, Inc. v


Ramos, the Supreme Court enumerated eight limitations or
safeguards to Technical or Financial Assistance Agreements based
on Article XII, Sec. 2 of the 1987 Constitution. They are:

In the case of La Bugal Blaan Tribal Association, Inc. v


Ramos, the Supreme Court laid down the four modes in how the
State may undertake exploration, development and utilization
activities:

1) The Parties
Only the President, in behalf of the State may enter
into these agreements and only with Corporations
2) The Size of the Activities
Only
large-scale
(very
capital-intensive)
exploration, development, and utilization activities
are allowed
3) Only Certain Natural Resources
The natural resources subject to the activities is
restricted to minerals, petroleum, and other
mineral oils only
4) Consistency with the Provisions of Statutes
The agreement must be in accordance with the
terms and conditions provided by law (in the case
of La Bugal Blaan, PD 887)
5) Standards for the Agreements
The agreements must be based on real
contributions to economic growth and general
welfare of the country
6) The agreements must contain rudimentary stipulation for
the promotion of the development and use of local
scientific and technical resources
7) Notification Requirement
The President must notify Congress of every FTAA
entered into within thirty days from its execution
8) Scope of the Agreements
The agreements may include either Financial or
Technical assistance with corporations

1) Direct undertaking of EUD activities by the State


2) Co-Production, Joint-Venture or Production-Sharing
Agreements with Filipino citizens or qualified corporations
3) Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens
4) FTAAs for large-scale EUD activities
*I added this cause it might come out in the midterm

PROVINCE OF NORTH COTABATO v GRP


Characteristics of a state based on the Montevideo Convention:
In the case of Province of North Cotabato v GRP, the Supreme
Court discussed the four characteristics of a state as laid down in
Montevideo Convention. These are:
1)
2)
3)
4)

Permanent Population
Defined Territory
Sovereignty/Government
Capacity to enter into relations with other states

Qualifications for Candidates for the Legislative Department


I.

Senator

According to Article VI, Sec. 3 of the 1987 Constitution, no person


shall be a Senator unless he or she has the following
requirements:
1.
2.
3.
4.
5.

II.

Must be a Natural-born citizen of the Philippines


Must be at least 35 years of age on the day of the election
Must be able to read and write
Must be a registered voter
Must be a resident of the Philippines for not less than 2
years immediately preceding the day of the election

House of Representatives
According to Article VI, Sec. 6 of the 1987 Constitution no
person shall be a Member of the House of Representatives unless
he or she has the following requirements:
a. District Representatives
1. Must be Natural-born citizen of the Philippines
2. Must be at least 25 years of age at the day of the
election
3. Must be able to read and write
4. Must be a registered voted in the district in which
he shall be elected
5. Muse be a resident thereof for a period of not less
than one year immediately preceding the day of the
election

b. Party-list Representatives
As for Party-list representatives, their qualifications are
provided for by Section 9 of Republic Act No. 7941 (AN
ACT PROVIDING FOR THE ELECTION OF PARTY-LIST
REPRESENTATIVES
THROUGH
THE
PARTY-LIST
SYSTEM, AND APPROPRIATING FUNDS THEREFOR):
1. Must be Natural-born citizen of the Philippines
2. Must be at least 25 years of age at the day of the
election
3. Must be able to read and write
4. Muse be a resident thereof for a period of not less
than 1 year immediately preceding the day of the
election
In case of a nominee for the youth sector:

Must be at least 25 years of age but not more than


30 years of age at the day of the election. Any
youth sector representative who attains the age of
30 during his term shall be allowed to continue
office until the expiration of his term.

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