Вы находитесь на странице: 1из 16


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.
1st Semester, SY 2015 2015 13. Forest Land
Schedule: Monday, 8:00PM to 10:00PM Forest Land is a type of land under the constitution
which is beyond the commerce of man and may not be
Atty. Jonas Leones alienated or disposed. It includes public forest, permanent
Undersecretary DENR forest and forest reservations.

Midterm Exam 14. Laches

Laches is based on the maxim that "equity aids the
1. Government Lands vigilant and not those who slumber on their rights." It is a
Government lands are lands owned by the failure or neglect for an unreasonable time to assert a right,
government which may be classified into (a) lands of public warranting a presumption that the party entitled thereto has
domain, either alienable or inalienable, or (b) lands of private either abandoned on declined it.
15. Financial or Technical Assistance or Agreement
2. Public Lands A Financial or Technical Assistance Agreement is
Public land is a subset of government land which a contract involving financial or technical assistance for large-
are lands intended for public use. It. scale exploration, development, and utilization of natural
resources, in which the collection of government share shall
3. Doctrine of Primary Jurisdiction commence after the contractor has fully recovered its pre-
Doctrine of Primary Jurisdiction the courts will operating expenses. In case of FTAA, any legally-organized
not resolve controversy involving question which is within foreign-owned corporation is deemed a qualified person.
the jurisdiction of an administrative tribunal especially where
the question demands the knowledge, experience and 16. Ore Transport Permit
services of administrative tribunal to determine technical and Ore Transport Permit is a permit specifying the
intricate matter of fact. origin and quantity of non-processed mineral ores from mine
site to warehouse.
4. Homestead Settlement
Homestead Settlement is a mode of disposition of 17. Exploration Permit
land by which a qualified beneficiary is granted with a portion Exploration permit grants a qualified person the
of land of public domain in exchange of cultivation efforts. right to conduct exploration for all minerals in specified area.

5. Exhaustion of Administrative Remedy 18. Filipino Owned Corporation

Doctrine of Exhaustion of Administrative Filipino-Owned Corporation refers to a
Remedy provides that court action will not prosper until all corporation owned by Filipino shareholders of at least 60%
the remedies have been exhausted at administrative level. It ownership.
simply deprives the plaintiff of a cause of action, which is a
ground for a motion to dismiss. 19. Multiple Use Management
Multiple use management provides that only
6. Imperfect Title utilization, exploitation, occupation or possession of natural
Imperfect Title is a scenario in which a vested right resources that will produce optimum benefits, with least
under a bona-fide ownership is acquired over the land in the injury, shall be allowed.
absence of a Torrens Title
20. Principle of Intergenerational Responsibility
7. Foreshore Lands Principle of Intergenerational Responsibility
Foreshore land is a strip of land that lies between provides that man bears a solemn responsibility to protect
the high and the low watermarks that is alternately wet and and improve the environment for present and future
dry. generations. Essentially, the principle means that we hold the
natural resource treasures of the earth in trust for the benefit,
8. Vested Right enjoyment and use of the generations of humankind yet to
Vested right is some right or interest in the come.
property which has become fixed and established and no
longer open to doubt or controversy by any parties or Problems
regulation. This vested right over a property may not be 1. Regalian Doctrine v. Doctrine of Native Titles
altered or deprived by executive fiat alone without Regalian Doctrine is enshrined in Article XII,
contravening the due process guarantees of the constitution. Section 2 of the 1987 Constitution which provides that all
lands of public domain, including its natural resources, belong
9. Ordinary Registration Proceedings to the state. All lands not appearing to be of public domain
Ordinary Registration Proceeding is a presumptively belong to the state.
proceeding for registration of unregistered land filed in RTC, On the other hand, Doctrine of Native Titles
initiated by those who, by themselves or through their provides that that indigenous people may obtain recognition
predecessors-in-interest, have been in open, continuous, of their right over ancestral lands and ancestral domain by
exclusive and notorious possession and occupation of virtue of a native title.
alienable and disposable lands of the public domain under a Both provision is harmonized in the doctrine
bona fide claim of ownership since June 12, 1945, or earlier. enshrined in Cruz v. DENR, which provides that the ancestral
domains are areas owned by the indigenous people since time
10. Cadastral Registration Proceedings immemorial, hence, these were never part of public domain.
Cadastral proceedings is a government initiated Since these lands were never a part of public domain,
proceeding for compulsory registration of unregistered land therefore, they are not covered by the Regalian Doctrine.
by filing petition against holder/ claimant, otherwise, they
lose their right to own their property. 2. Discuss the forms of mineral agreement: Co-production
Agreement, Joint Venture Agreement and Production Sharing
11. Critical Watershed Agreement
Critical Watershed is a drainage area of a river Under Section 2, Article XII of the Constitution, the
system supporting existing and proposed hydro-electric State may enter into co-production, joint venture, or
power and irrigation works needing rehabilitation. production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of corporation may validly own the land since private lands are
whose capital is owned by such citizens. Such agreements alienable and not part of the public domain.
may be for a period not exceeding 25 years, renewable for not
Co-production agreement is an agreement
between government and a contractor where the government Private lands can only be transferred or conveyed to:
will share inputs on mining operations other than minerals. 1. Filipino Citizen
Meanwhile, in joint venture agreement, the 2. Corporations or associations incorporated in the
government enters into a business venture to set-up a firm in Philippines, at least 60% of capital is owned by
which share of equity and gross revenue is expected. Filipino Citizen
On the other hand, a production-sharing
agreement is where a government provides an exclusive Exception on the general rule:
grant to a corporation for the utilization of natural resources 1. In intestate succession, where an alien heir of a
in exchange of taxes or royalties. Filipino is the transferee of private land
2. A natural born citizen of the Philippines who has lost
3. Is A liable under Forestry Code for cutting trees within his his Philippine citizenship may be a transferee of
ancestral land? private land, subject to limitation provided by law.
Yes. A is liable under Forestry code. Under the law, Hence, land can be used only for residential purposes.
cutting and removing of trees/timber without necessary In this case, he only acquires derivative title.
permit from DENR, regardless of ownership or location of the 3. Foreign states may acquire land only for embassy and
trees, is punishable by law. It is also in consonance with staff residential purposes.
Regalian doctrine that all lands of public domain and natural
resources are owned by the state. Filipino citizenship is only required at the time the land is
In the case at bar, although the land of A is an acquired. Thus, loss of citizenship after acquiring the land
ancestral domain, the trees planted over the land is still does not deprive ownership.
subject to the Forestry Code which prohibits the cutting done
by A. Therefore, A is liable under the penal provisions of the Restriction against aliens only applies to ownership.
Forestry Code, equivalent to the penalty of qualified theft as Therefore:
the case may be. 1. Aliens may be lessees or usufructuaries of private
4. Is mere possession of trees/timber liable under forestry 2. Aliens may be mortgagors of land, as long as they do
code? not obtain possession thereof and do not bind
Yes. Mere possession of trees/timber without foreclosure sale.
necessary permit from DENR is a prima facie evidence of
violation of the Forestry Code. Perpetrators liability will be Land tenure is not indispensable to the free exercise of
equivalent to that of qualified theft, as the case may be. religious profession and worship. A religious corporation
controlled by non-Filipinos cannot acquire and own land,
5. What us the jurisdiction of MTC in land registration even for religious purposes
Remedies to recover private lands from disqualified aliens
Application for registration shall be heard in RTC. (provided that the alien has not passed ownership to
However, MTC has the delegated jurisdiction to hear and qualified person yet):
determine cadastral or land registration cases in the 1. Escheat proceedings
following instances: 2. Action for reversion under Public Land Act
3. An action by the former Filipino owner to recover the
1. Where the lot sought to be registered is not the subject land.
of the controversy (Remarks: Pari delicto principle has been abandoned.)
2. Value of the lot does not exceed P100,000.00

6. What are the instances when an aggrieved party be allowed

to file directly to court without exhaustion of administrative

1. When there is a violation of due process

2. When the issue involved is purely question of law
3. 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
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
CA 141: Public Land Act 5. According to 1935 Constitution
I. Agricultural Land
Article I of 1987 Constitution. National Territory II. Forest or Timber
The national territory comprises the Philippine III. Mineral Lands
archipelago, with all the islands and waters embraced therein, and
all other territories over which the Philippines has sovereignty or 6. According to Public Land Act
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, I. Alienable or disposable
including its territorial sea, the seabed, the subsoil, the insular II. Timber
shelves, and other submarine areas. The waters around, between, III. Mineral Lands
and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the 7. Classification of Public Lands Open to Disposition
Philippines. I. Agricultural
II. Residential, commercial, industrial, or for similar
Differentiate Imperium v. Dominium productive purposes
Imperium is the States authority to govern. It covers III. Educational, Charitable, or for other similar purposes
such activities as passing laws governing a territory, maintaining IV. Reservation for town sites and for public and quasi-
peace and order, and defending it against foreign invasion. On the public purpose.
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 Who shall make classification provided for in Public Land Act?
disposition or sale of the same. Regalian Doctrine is under the The President, upon recommendation by the Secretary
realm of dominium. of Environment and Natural Resources, shall, from time to time,
make the classification and reclassification of lands from one class
What are the natural resources of the State? to another.
The natural resources of the State are: Before the President could alienate or dispose the lands
[1]All lands of the public domain [7]all forces of potential energy of public domain, the President must first officially classify these
[2]waters [8]fisheries lands as alienable and disposable and declare them open for
[3]minerals [9]forests or timber disposition. Classification is a prerogative of the executive
[4]coal [10]wildlife
department and not the court.
[5]petroleum [11]flora and fauna

[6]other mineral oils [12]other natural resources

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
Who are the Indigenous people?
State, it remains part of inalienable public domain. Therefore,
Indigenous People refer to a group of people who have
possession in the concept of owner, no matter how long, cannot
continuously lived as an organized community on communally
ripen into ownership and be registered as a title.
bounded and defined territory. These groups of peoples have
actually occupied, possessed and utilized their territories under
Differentiate classification v. reclassification in line with PLA
claim of ownership since time immemorial.
Classification means grouping of lands similar to each
other, either as agricultural, forest or timber, mineral or national
Differentiate ancestral land v. ancestral domain
park, while reclassification means transfer of land from one class
Ancestral land refers to the land occupied by the
to another. Proper classification is essential because only lands
individual families and clans who are member of indigenous
classified as agricultural land may be alienated and disposed.
cultural community since time immemorial.
Ancestral domain, on the other hand, is defined as areas
How may public lands be disposed?
generally belonging to industrial communities.
1. Homestead settlement
2. Sale
What are the classification of lands?
3. Lease
1. In general:
4. Confirmation of imperfect/incomplete title
I. Lands of Public Domain (a.k.a Public Land)
4.1 Judicial legalization
A. Alienable
4.2 Administrative legalization
1. Agricultural Land
B. Non-Alienable
1. Forest or Timber Land
1. Citizen of the Philippines
2. Mineral Lands
2. Over 18 years of age or head of the family
3. National Park
3. Not exceeding 12 hectares
II. Lands of Private Domain Land belonging to the state
4. Must have cultivated and improved at least 1/5 of land
as a private individual without being devoted for public
continuously since approval of the application
use, public service or development of national wealth
5. Resided for at least 1 year in the municipality in w/c the land
is located or in the municipality adjacent to the same
2. According to Civil Code
6. Payment of required fee
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
What are the qualification for sale of public land?
through public or private sale.
1. Citizen of the Philippines
II. Patrimonial Properties Former properties of the
2. Over 18 years of age or head of the family
public dominion that are no longer intended for public
3. Not exceeding 12 hectares
use or public service.
4. Mode of sale through sealed bidding
5. Paid in full or 10 annual equal installment
3. According to the 1987 Constitution
6. Must have cultivated and improved at least 1/5 of land
I. Agricultural Land
within 5 years from date of award
II. Forest or Timber
7. Must show actual occupancy, cultivation and improvement
III. Mineral Lands
of at least 1/5 of the land until the date of final payment
IV. National Park
Requisites of a private sale
4. According to 1973 Constitution
1. A Filipino citizen of legal age
Agricultural, industrial, commercial, residential,
2. Not the owner of a home lot in the municipality in which he
resettlement mineral, timber or forest, grazing lands, and
other classes as may be provided by law.
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
Section 59 classifies land disposable under Title III as follows: may be conveyed or inherited. No subsequent law can deprive him
Lands reclaimed by the government of the vested right. If he complied, he acquires the property right.
by dredging, filling or other means Not only a right to grant but the grant from the government.
2 Foreshore
Lease only Who has the burden of proof to show that the land is alienable and
Marshy lands or lands covered with
3 water bordering upon shores or disposable?
banks of navigable lakes or rivers The presumption that the land subject of an application
Lands not included in any of the for registration is alienable and disposable rests with the
4 Lease/ Sale applicant.
foregoing classes

III. LEASE Does res judicata operates against third party with a better right?
What are the qualification for Lease? Res judicata will not operate against a third party who
A. Filipino Citizen appears with a better right and title to the property. It does not
1. Not to exceed 500 hectares operate as a bar to the proceedings for registration instituted on
2. 1/3 of the land must be cultivated within 5 years. the grounds of new evidence.
B. Corporation Res Judicata, a brocard, is a basic principle of law which
1. 60% Filipino-owned provides that a matter judged by a competent court may not be
2. Period of lease: not to 25 years, renewable for not more pursued by the same party. The requisites of Res Judicata are:
than 25 years. 1. The former judgment must be final
3. Not to exceed 1,000 hectares 2. Judgment must be on the merits of the case
4. 1/3 of the land must be cultivated within 5 years. 3. The former decision is rendered by the court having
jurisdiction over the subject.
Conditions of Lease of public land: 4. There is similar identity of parties, subject matter and
Lessee construct permanent improvement of the land cause of action for both cases.
At the expiration of the lease, all improvement shall become
governments property What are the non-registrable properties?
1. Property of public dominion
Limitations regarding Alienable land of Public Domain 2. Forest lands
Limitations on area 3. Watersheds
Lease* Sale 4. Mangrove swamps
Private Corp. 1,000 hectares n/a 5. Mineral lands
6. National parks
12 hectares (thru
Filipino Citizen 500 hectares purchase, homestead or 7. Military or naval reservations
grant) 8. Foreshore lands or reclaimed areas
9. Submerged areas
*Lease period cannot exceed 25 years, renewable for not more
10. Lakes
than 25 years
11. Navigable Rivers
12. Creeks
X filed a lease to a foreshore land. Subsequently, it was converted
13. Reservations for public and semi-public purposes
into a commercial or industrial land prior to the approval of the
lease. Will the application be terminated?
What is Torrens System?
NO. The application of the lease will not be
Torrens System is a system of land titling in which
terminated. The subsequent classification of foreshore land
register of land holding guarantees an indefeasible title to those
into commercial or industrial land shall not result in the
included in the register. Upon expiration of one year from its
revocation of the lease, since the said land was a foreshore land
issuance, the certificate of title shall become indefeasible.
at the time the application was filed.
May an applicant transfer/convey/encumber his rights to the land
and improvements of the homestead?
A. Judicial legalization
YES. An applicant may transfer his rights to the land and
Applicable to the following citizens occupying lands of improvements to any person legally qualified, provided:
public domain or claiming to own any such lands or interest 1. Such conveyance does not affect any right or interest of the
therein but whose titles have not been perfected or completed. government
(Under RTCs jurisdiction)
2. The transferee is not delinquent
3. There is a prior approval Secretary of DENR
Requisites for judicial legislation: Failure to meet any of the above requirement will make
1. Applicant must be Filipino Citizen
the transfer NULL and VOID. Additionally, any person who
2. By themselves or through their predecessor in interest,
transfer his rights may not again apply for a new homestead.
possessed and occupied A&D agricultural portion of public
A, under adverse possession of 30 years, claims ownership of a
3. OCENPO since June 12, 1945 under a bona fide ownership
parcel of land. The land was only classified as A&D on his 25th
4. Must be filed in proper court
year of occupation in the land. Does A have vested right in the
land? (Malabanan v. Republic)
B. Administrative legalization (Free Patents)
YES. A have vested right in the land and may apply for
What are the qualification for administrative legalization?
judicial legislation of imperfect title. The law provides that
1. Any natural-born citizen of the Philippines
there must be an OCENPO of at least 30 years under a bona fide
2. Not the owner of more than 12 hectares
ownership. It is not necessary that the land first be classified as
3. Has continuously occupied and cultivated either by himself
alienable and disposable at the time claim of ownership could
and or his predecessor in interest
start. The law merely requires that the property must be
4. Subject land must be an agricultural land
alienable and disposable at the time the application is filed.
5. Real estate tax must be paid
6. Land not occupied by any other person
If the land under adverse possession is a forest land, will your
7. Prescriptive period of 30 years, under a bona fide claim of
answer be the same?
NO. Occupation in a forest land in the concept of
8. FP to be granted not to exceed 12hectares
owner, no matter how long, cannot ripen into ownership and
be registered as a title. It is expressly stated in the constitution
What is the effect of compliance with legal requirements of a
that alienable lands of the public domain shall be limited to
agricultural lands. Since the land occupied by A is a forest land,
Even without a patent, he acquires vested right and is to
therefore, he cannot have vested right over the property.
be regarded as equitable owner thereof, unaffected by the fact that
the paramount title to the land is still in the government. Such land
Supposing that A sold the land to ABC Corporation without yet The transaction when a homesteader sold a portion
securing a title to the land after 30years of adverse possession, of a homestead on an understanding that actual conveyance
may ABC Corp validly register the land to the corporations will take effect after the 5-year prohibitory period is null and
name? void because the law does not distinguish between executory
ABC Corporation may validly register the land in the and consummated sales.
Corporations name. The confirmation of imperfect and
incomplete title has the following basic requisites: (1) RIGHT TO REPURCHASE
Applicant must be Filipino Citizen; (2) Registration must be Period to repurchase within 5 years from the subsequent
made by themselves or through their predecessor in interest, transfer/ sale.
possessed and occupied A&D agricultural portion of public Right to repurchase can be exercised even in the absence of
domain; (3) OCENPO since June 12, 1945, or at least 30 years any stipulation in the deed of sale
under a bona fide ownership; and (4) It must be filed in proper Right to repurchase cannot be waived.
court. In short, a corporation may only validly own a land once
that it is already a private land. FRAUD
In the case at bar, the only way that a corporation Actual or Constructive
acquire ownership over land of public domain is through 1. Actual/ Positive Fraud Intentional deception by
adverse possession of a predecessor in interest. misrepresentation of material fact
Although the land was not titled yet, A acquires vested 2. Constructive Fraud Construed as fraud because of its
right and is to be regarded as equitable owner thereof. Such detrimental effect upon public interest and private/public
land may be conveyed or sold. confidence, even though the act is not designed to commit
Since A validly acquire the right to the land by meeting fraud or injury
the requisites mentioned above, hence, it is already converted Extrinsic or Intrinsic
into a private land, thus, he may convey the land validly to ABC 1. Extrinsic Employed to deprive parties of their day in court;
Corporation. preventing them to assert their right to their property
2. Intrinsic Fraudulent acts pertaining to an issue involved in
Differentiate direct attack v. collateral attack in land registration the original action, or when acts constituting the fraud could
proceeding. have been litigated therein
Collateral attack means that the ownership of the land
is not the main cause of action of the case, hence, it may be filed to Court will deny relief if fraud is constitute in the
MTC. Direct attack, on the other hand, means that the ownership presentation of the trial
is the main cause of action of the land sought to be registered. If the owner of an uncultivated land allowed a bona fide
Hence, RTC acquires proper jurisdiction over the case. grantee to till/improve the land, the owner lose all rights to
the parts of the land
What is Special Patent?
Special Patent is a grant by law of a property in favor of Differentiate Action for Nullity v. Reversion
a government agency pursuant to a special law, proclamation and Action for Nullity Reversion
special order. It is a proclamation from the president that titles a Initiated by Private individual The Govt thru SolGen
land in favor of a school, university or other government entity for Party-In- Plaintiff & Respondent The State
special/specific purpose. Interest have at least two titles
*The difference lies in the allegations as to the character of ownership
of the realty whose title is sought to be nullified.
Differentiate a patent v. registration
Pertinent Would require plaintiffs Would admit state
A patent or a grant only operates between the grantor allegation ownership prior to the ownership of the land.
(Government) and the grantee (beneficiary), while the act of issuance of patent and
registration conveys or affects the transfer of land and binds third title vis--vis the
parties. defendants document of
A public land patent, when registered in the registry of title.
deeds, is a veritable Torrens Title, and becomes indefeasible upon Nature of Claims of ownership of Claims of ownership of
the expiration of 1 year from the date of its issuance. property the land as private the land as public
property property
What are friar lands?
Friar lands are lands purchased by the government When is Reversion improper?
from religious corporations for sale to actual occupants. These No. Scenario Rationale
1 At the time of the issuance, The government is not the real
friar lands are not public lands but private or patrimonial property
it is no longer a public party-in-interest, since the
of the government. property property is already PRIVATE.
Here, the court may direct the
May the government be barred by prescription by laches? defendant to RECONVEY the
NO. The government is not barred by prescription by parcel of land to the true owner.
laches if the State is the real party in interest to assert its own 2 Though the title was Fraudulent title may be a root of
rights. obtained by fraud, it was a valid title in the name of an
already sold to an innocent buyer-for-value and in
PROHIBITED ALIENATIONS innocent buyer for value good faith
and in good faith who are
holding a torrens title
Why is there a prohibition?
The prohibition has the avowed purpose of giving the
homesteader or patentee every chance to preserve for himself
and his family the land that the State had gratuitously given him
as a reward for his labor in cleaning and cultivating it.

Any transfer of the land acquired thru homestead and free

patent within 5 years from the date of the grant shall nullify
the alienation/ transfer and constitute the reversion of the
property to the state.
Approval from Secretary of DENR is merely directory. Hence,
it does not invalidate any transfer because such approval
may be secured at any time in the future.
Even if only part of the land has been sold or alienated, it is a
sufficient cause for reversion.

PD 706: Revised Forestry Code 1. Cutting, gathering, collecting and removing timber
or other forest products from any forest land, or
Distinguish Forest v. Forest Land timber from alienable or disposable public and, or
Forest is a large track of land covered with a natural from private land without any authority; and
growth of trees and underbrush. On the other hand, forest land is 2. Mere possession of timber or other forest products
a classification of land under the Constitution that is part of public without the legal documents required under existing
domain which is beyond the commerce of man and may not be forest laws and regulations.
alienated or disposed.
The former is a description of what the land appears, and In the second offense, it is immaterial whether the
the latter is a legal classification for legal purposes. However, it method of gathering the timber is legal or not. Mere
must be stresses that legal nature or status does not have to be possession of the forest product without the proper
descriptive of what the land actually looks like. Therefore, a land document is a prima facie evidence of the crime.
may be urbanized, yet still classified as forest land. Violation of Section 68 is an offense equivalent to
Qualified Theft (Articles 309 and 310 of RPC). It is
What are the three (3) types of Forest? not qualified theft per se, but imposes only a penalty
1. Public Forest a mass of land of public domain which has not equivalent to that of qualified theft.
been a subject of the present system of classification. The elements of the crime of qualified theft of logs
2. Permanent Forest/ Forest Reserves lands of public are: (1) that the accused cut, gathered, collected or
domain which have been subject of the present system of removed timber or other forest products; (2) that
classification and determined to be needed for forest the timber or other forest products belong to the
purposes government or to any other private individual; and
3. Forest Reservation Forest lands which have been reserved (3) that the cutting, gathering, collecting or
by the President of the Philippines for any specific purpose. removing was without authority granted by the
Differentiate Watershed, watershed reservation and critical Illegal Forest Products Any forest products that
watershed are removed, cut, collected, processed and/or
Watershed is a land area drained by a stream or fixed body transported: (a) without the requisite,
of water and its tributaries having a common outlet for authorization or permit; or (b) with incomplete
surface run-off. supporting documents; (c) with genuine
Watershed Reservation is a forest land reservation authorizations or permits and/or supporting
established to protect or improve the conditions of the water documentation that have an expired validity, have
yield thereof or reduce sedimentation. been cancelled or that contain forged entries; or (d)
Critical Watershed is a drainage area of a river supporting with spurious (fake) authorizations, permits and/or
existing and proposed hydro-electric power and irrigation supporting documents.
works needing immediate rehabilitation as it is being This offense is considered as Mala Prohibita.
subjected to a fast denudation causing accelerated erosion Characteristics of Mala Prohibita are: (1) it is
and destructive floods. prohibited by a special law; (2) Commission of the
prohibited act is a crime itself; (3) Good faith is not
Notes: a defense; and (4) intent is immaterial.
Legality of closure of logging road is a justiciable question Any timber/forest product, as well as the
Regalian Doctrine provides that all lands of public domain, machineries, equipment and tools illegally used in
including Forest lands, belong to the state and are not the area where the timber or forest products are
alienable and disposable. Hence, any title issued on such non- found, shall be confiscated in favor of the
disposable lands, even if it is in the hands of a purchaser in government.
good faith and for value shall be CANCELLED. Reward to informant shall be 20% of the proceeds
of confiscated forest products
International Hardwood & Veneer Co. v. UP Mustang Lumber, Inc. v. CA: Lumber is a processed
GR 521518, Aug. 13, 1991 log or timber. The legislative intent is to include
mere possession of lumber without legal documents
Issue: Does UP have the authority to collect forest charges to punishable under Section68 of Revised Forestry
supervise the operation of the petitioner of a previously Code.
reclassified forest land? A forest officer or employee may arrest without
Yes. Even though the operation of the petitioner in the warrant any person who has committed, or is
land began when the land is still a forest land, it completely committing in his presence any of the offense
removed the said land from public domain thru the Presidential defined in the code.
Proclamation, hence, made UP the absolute owner of the If an officer arrests an alleged perpetrator without a
property. Therefore, UP have the authority to collect forest warrant, and without violating any offense in the
charges to the petitioner. However, the right of the existing code in his presence, the officer shall be investigated
concessions in the land must be respected, even though it is no administratively.
longer a forest land, until concession expires. Forest products and other items seized and
confiscated upon authority of the DENR Secretary is
Preservation and protection of forest lawfully taken by virtue of legal process and is
Ramos v. Director of Lands: The prodigality of the spendthrift deemed to be in custodia legis, therefore, beyond
who squanders his substance for the pleasure of the fleeting reach of replevin.
moment must be restrained for the less spectacular but surer Appeal: Forest Management Bureau DENR
policy. Secretary President; Courts cannot review the
A license is not a contract, property or right protected by due decisions of the DENR Secretary except through
process clause of the constitution. It does not create an special civil action for certiorari or prohibition.
irrevocable right. It can be withdrawn or cancelled in the A suit against public officers acting within the scope
exercise of the police power of the state whenever dictated by of their authority is a suit against the state and
public interest or public welfare. cannot prosper without its consent.
No forest land 50% in slope or over may be utilized for
pasture purposes. II. Pasturing livestock
Wildlife may be destroyed, killed, consumed, eaten or III. Illegal occupation of national parks system and
otherwise disposed of, without necessity of permit, for the recreation areas and vandalism therein
protection of life, health, safety and property, and the IV. Survey by unauthorized persons
convenience of the people. V. Misclassification and survey by government official or
Criminal offenses and penalties
I. Section 68 of PD 705
RA 7942: Philippine Mining Act of 1995 without the permission from the State, because the right to
possess or own the surface ground is separate and distinct
Constitutional Basis: from the mineral land over the same land.
Section 2, Article XII of 1987 Constitution
Even though location of a mining claim has been perfected, it
All lands of the public domain, xxx and other natural does not bar the governments exercise of its power of
resources are owned by the State. With the exception of eminent domain.
agricultural lands, all other natural resources shall not be
alienated. The right of eminent domain covers all forms of private
property, tangible or intangible, and includes rights which are
The exploration, development, and utilization of natural attached to the land.
resources shall be under the full control and supervision of
the State. All projects relating to EDUC of natural resources are projects
of the state, thus, the projects nevertheless remain as state
The State may directly undertake such activities, or it may projects and can never be purely private endeavors.
enter into co-production, joint venture, or production-
sharing agreements with Filipino citizens, or corporations or Section 5: Mineral Reservations. When national interest so
associations at least sixty per centum of whose capital is requires xxx, the President may establish mineral
owned by such citizens. Such agreements may be for a period reservations upon the recommendation of the Director
not exceeding twenty-five years, renewable for not more than through the Secretary. xxx
twenty-five years, and under such terms and conditions as
may be provided by law. xxx This section empowers the president to enter into mineral
agreements with contractor if the national interest so
The President may enter into agreements with foreign- requires.
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and Hence, it is beyond the power of the DENR Secretary to
utilization of minerals, petroleum, and other mineral oils withdraw lands from forest reserves and to declare the same
according to the general terms and conditions provided by as an area open for mining operations.
law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State Classification of minerals
shall promote the development and use of local scientific and No. Group Mineral
technical resources. xxx 1 First Group Metals or metalliferous ores
2 Second Group Precious stones
Four (4) modes of Exploration, Development and Utilization 3 Third Group Fuels
of Natural Resources (Shall be under the full control and 4 Fourth Group Saline and mineral waters
supervision of the State) Building stone in place, clays,
5 Fifth Group
fertilizers and other non-metals
I. The state may directly undertake such activities
Definition of terms:
II. The state may enter into co-production, joint venture and Exploration searching or prospecting for mineral resources by
production sharing arrangement with surveys, remote testing, etc. for the purpose of the existence,
a. Filipino citizen extent, quantity, quality and feasibility of mining them for profit.
b. Corporation or association at least 60% of whose capital
is owned by such citizen. Development work undertaken to explore and prepare on ore
It should not exceed 25 years, renewable for not body or a mineral deposit for mining, including the construction of
more than 25 years necessary infrastructure and related facilities.

III. Congress may, by law, authorize small-scale utilization of Utilization extraction or disposition of minerals
natural resources by Filipino citizen; (Congress may also
authorize cooperative fish farming, with priority to Foreign owned corporation Any juridical entity with less than
subsistence fishermen and fish- workers in rivers, lakes, bays, 50% Filipino-owned capital
and lagoons.)
Qualified Person any citizen of the Philippines with capacity to
IV. The President may enter into agreements with foreign- contract, or a juridical entity with technical and financial capability
owned corporations involving either technical or financial to undertake mineral resources development with at least 60%
assistance for large-scale EDU of minerals, petroleum, and Filipino ownership
other mineral oils 1. Individual
It should be based on real contributions to the economic a. Must be a Filipino Citizen
growth and general welfare of the country b. Of legal age
In such agreements, the State shall promote the c. With capacity to contract
development and use of local scientific and technical 2. Juridical entity (corporation, partnership, cooperation or
resources. cooperative)
The President shall notify the Congress of every contract a. Must be organized or authorized for the
entered under this provision, within 30 days from its purpose of engaging in mining
execution. b. Duly registered in accordance with law
Management and service contracts are not allowed c. 60% Filipino ownership
under this rule
Large-scale EDU pertains to area covered and not the Abandonment is the actual relinquishment of right; giving-up
amount of investment. absolutely with intent never again to resume or claim ones right
or interest.
Section 4: Ownership of Mineral Resources. Mineral resources
are owned by the State, and the exploration, development, 2 elements of abandonment:
utilization and processing thereof shall be under its full 1. INTENT to abandon a right or claim
control and supervision. The State may directly undertake 2. EXTERNAL ACT by which intention is expressed and carried
such activities or it may enter mineral agreements with out to that effect.
Mineral resources are BEYOND the commerce of man. Thus,
Thus, if a person is the owner of an agricultural land in which they cannot be subject of patent.
minerals are discovered, his ownership of such land does not
give him the right to extract or utilize the said minerals
Section 19: Areas Closed to Mining Operations. Yes. The State may secure the aid of a foreign company.
1. In military and other government reservations The spirit of the law provides that although all minerals
2. Near or under public or private buildings, cemeteries, are owned by the State, given the inadequacy of Filipino
archeological and historical sites, etc. capital, it may secure the help of foreign corporation,
3. In areas covered by valid and existing mining rights PROVIDED that the State maintain its right of FULL
4. In areas prohibited by law CONTROL.
5. In areas covered by small-scale miners
6. Old growth or virgin forests, proclaimed watersheds, Are the agreements stated in the Constitution limited to only
forest reserves, etc. and in areas prohibited under NIPAS MPSA, JVA and CPA or FTAA?
Upon close reading of the Constitution, there is no express
In general, these areas are closed to mining operations except prohibition that restricts other agreements besides MPSA,
upon prior written clearance by government agency having JVA and CPA or FTAA. The phrase the state may directly
jurisdiction over such reservation. undertake such activities, or it may enter into CPA, JV or
MPSA and either financial or technical assistance DOES
A mining license is a mere privilege and does not vest NOT restrict nor intend to exclude other modes of
absolute rights in the holder. Thus, it may be revoked by the assistance.
state if public interest so requires. If the intent of the constitution is to confine the
agreements, it would have restrict it otherwise.
Although BMG is vested with quasi-judicial power, it cannot
take cognizance of determining the validity of contract, since Discuss degree of control
it remains a judicial function and involves a judicial question. The Constitution provides that the state must have FULL
control and supervision of the agreements, but full control
Findings of fact made by quasi-administrative body must be and ownership does not mean control and supervision of
respected as long as they are supported by substantial EVERYTHING. Degree of control must only be sufficient to
evidence. The administrative decision in matters within the enable the state to regulate the extractive enterprise.
exclusive jurisdiction can only be set aside on proof of gross
abuse of discretion, fraud or error of law.
Quarry Resources
Examples of permits issued under Philippine Mining Act 1. Quarry permit
1. Exploration Permit grants the right to conduct exploration 2. Sand and gravel permit
for all minerals in a specified area. 3. Gratuitous permit
4. Guano permit
Initial term of exploration 5. Gemstone gathering permit
2 years
Renewable Permit Section 76: Entry into Private Lands and Concession Areas.
Non-metallic 4 years Subject to prior notification, holders of mining rights shall not
Metallic 6 years be prevented from entry into private lands and concessions
Extension* Not to exceed 2years by surface owners xxx upon payment of just compensation
xxx and any damaged done shall be properly & justly
*In case exploration permit expires prior to the approval compensated.
of the declaration of mining feasibility, the permit shall
be deemed automatically extended until such time FTAA Easement of Right of Way ownership will not vest to the
application is approved. owner of the mining area. They merely uses the area
temporarily for the purposes of more convenient mining
Exploration permit may be transferred or assigned to a operations, in exchange of just compensation.
qualified person subject to prior approval of the
Secretary. Holders of mining right may invoke power of eminent
Assignment or transfer of right and obligation of any
mineral agreement except FTAA is deemed Under Regalia Doctrine, minerals found in ones land belong
automatically approved if not acted upon by the to the State and not to a private landowner. Nonetheless, a
Secretary within 30working days from OR date, unless condition sine qua non is that prospecting, exploration,
patently illegal. discovery and location must be done in accordance with
the law. Omission or failure to comply with the condition
2. Ore Transport Permit (OTP) permit specifying the origin precedent means that its claim for surface rights and right of
and quantity of non-processed mineral ores from mine site to way will not mature, hence, it would be to countenance illegal
warehouse. trespass into private property.
The absence of permit shall be considered as prima facie
evidence of illegal mining. Section 9, Article III of 1987 Constitution: Private property shall
OTP is not required for ore samples not exceeding 2 not be taken for public use without just compensation.
metric tons to be used exclusively for assay and pilot test
purposes Issue: WoN taking under power of eminent domain for mining
is for public use.
3. Mineral/Ore Export Permit (MOEP) - permit specifying the
origin and quantity of non-processed mineral ores from Held: Yes. Mining is for public use, since mining is an industry
warehouse to ship. which is for public benefit. Hence, eminent domain may be
La Bugal Blaan Tribal Association v. Ramos
Types of mining disputes
May a foreign corporation hold exploration permit? 1. Rights to mining area (any adverse claim, protest, or
Yes. A foreign corporation may hold exploration permit. opposition to an application for a mineral agreement)
This is NOT unconstitutional because in fact, there is no 2. Mineral agreements, FTAAs or permit
express prohibition in the constitution prohibiting 3. surface owners, occupants and claim holders/
foreign/local contractors to hold exploration permits. concessionaires; and
The right to conduct exploration is not tantamount to an 4. disputes pending before the Bureau at the date of
authorization to extract or carry off mineral resources that effectivity of Phil. Mining Act
may be discovered

May the State secure aid of foreign corporation in EDU?

Appeal 4. Destruction of mining structure
5. Mines arson
Panel Arbitrators 6. Willful damage to a mine
Composed of 3 members: 2 lawyers and 7. Illegal obstruction to permittes or contractors
1 licensed mining engineer in regional office 8. Violations of the terms of ECC
9. Obstruction of government officials
Mines Adjudication Board (MAB) 10. Other violations
Composed of 3 members: DENR Secretary,
Director of MGB and USec for Operations

Court of Appeals

Jurisdiction is limited to purely administrative matter,

questions of fact or matters requiring the application of
technical knowledge and experience.

Since MAB is a quasi-judicial body, rules of evidence

prevailing in the court shall not be controlling. The board
shall use all reasonable means to ascertain the facts in each
case speedily and objectively without regard to technicalities
of law or procedure, all in the interest of due process.

Validity of mining contract is a question of law; it involves

exercise of judicial function; it requires determination of what
the law is and the rights of the parties.

If ground for the annulment of a mining contract is due to

non-conformity with the terms and condition of the
agreement, it is purely civil in nature, hence, it is within the
jurisdiction of regular courts.

ABC filed to Panel Arbitrators for an alleged dispute regarding

operating agreement against XYZ. Will the action prosper?


No. The action will not prosper. Panel arbitrators has exclusive
and original jurisdiction over the following disputes: (1) Those
involving rights to mining area; (2) those involving mineral
agreements or permit (3) those involving surface owners,
occupants and claim holders/ concessionaires; and (4) those
pending before the Bureau at the date of effectivity of Phil.
Mining Act.

Upon its nature, an operating agreement is not a mineral

agreement, because a mineral agreement requires that it be a
contract between the government and a contractor; nor it is a
permit, because permit pertains to exploration permit, quarry
permit and other mining permit.

Hence, being not a mineral agreement nor a permit, it is not

within the jurisdiction of panel arbitrators. It is a purely civil
contract between two private parties and under the jurisdiction
of regular courts.

Grounds for Cancellation, Revocation and Termination

1. Late or non-filing of requirements
2. Violation of terms and conditions
3. Non-payment of taxes and fees
4. Expiration of permits
5. Falsehood/omission of facts
6. Withdrawal from mineral agreement or FTAA

Penal Provisions
1. False statement
2. Illegal exploration
3. Theft of minerals
Elements of theft of minerals
i. The accused extracted, removed and/or
disposed the minerals
ii. These minerals belong to the government or to
other person
iii. The accused did not possess the required
permits or documents from DENR
In crimes punished by special laws, the act
alone, irrespective of the motive,
constitutes the offense

RA 8550: Philippine Fisheries Code Differentiate marginal v. subsistence fishermen:
Marginal fishermen an individual engaged in fishing
Philippine water whose margin or return is barely sufficient to yield a
1. All waters within the Philippine Territory profit.
2. Waters around, between an connecting the islands of the Subsistence fishermen catch yields but irreducible
archipelago, regardless of its breadth and dimension minimum for his livelihood.
3. The territorial sea, the seabed, the subsoil, the insular shelves
and all other waters over which the Philippines has National Mapping & Resource Information Authority
sovereignty or jurisdiction (NAMRIA) repository of all maps in the Philippines.
4. 200n.m. EEZ and the continental shelf.
Obligations of the coastal state
Section 2, Article XII of 1987 Constitution: 1. Ensure measures that the living resources are not subject to
The state shall protect the nations marine wealth over-exploitation
and its archipelagic water, territorial sea, and exclusive 2. Promote optimum utilization of living resources
economic zone, and reserve its use and enjoyment exclusive for
Filipino Citizen. 2 kinds of fishing:
1. Municipal fishing 3 gross tons or less
In other words, Filipino subsistence or marginal 2. Commercial fishing
fishermen shall have preferential right over use and a. Small scale (3.1 to 20 GT)
exploitation of fishery and aquatic resources. b. Medium scale (20.1 to 150 GT)
c. Large scale (more than 150 GT)
However, in Tano v. Socrates, the preferential right
of the subsistence/marginal fishermen is NOT ABSOLUTE, Limit of fishponds:
since in accordance with the Regalian Doctrine, EDU of 1. 50 hectares individual
natural resources shall be under full control and supervision of 2. 250 hectares corporation
the state.
any right to subsistence fishermen but to lay stress on duty of SECURING A LICENSE FROM DEPARTMENT OF
the state to protect the nations wealth. AGRICULTURE.


a. all Philippine waters including other waters which the PRESSUMED ENGAGED IN UNAUTHORIZED FISHING.
Philippine has sovereignty or jurisdiction;
b. all aquatic and fisheries resources THERE IS AN AUTOMATIC CANCELLATION OF FISHPOND
c. all lands devoted to aquaculture LEASE AGREEMENT IF THE HOLDER ACQUIRES
Maritime Zones according to United Nations Convention on Law of
1. Internal waters all waters landward from baseline of the EVIDENCE OF UNAUTHORIZED FISHING (Penalty: fine,
territory. According to the constitution, the waters around, confiscation of catch, fishing equipment and fishing vessel)
between and connecting the archipelago. (Archipelagic
2. Territorial Sea a belt of sea outwards from baseline up to OF RIGHTS SEARCH WITHOUT WARRANT.
12n.m, in which the coastal state exerciser sovereignty.
3. Contiguous Zone Water not exceeding 24n.m. from RA 4850 (1966) provides that Laguna Lake Development
baseline; exercises authority for customs, fiscal, immigration Authority (LLDA) has exclusive jurisdiction to issue
or sanitation authority. permits for enjoyment of fishery and privilege in Laguna
de Bay; On the other hand, RA 7160 (1991) calls for the
4. Exclusive Economic Zone (EEZ) Not more than 200n.m exclusive authority of municipality regarding issuance of
from baseline. The coastal state has rights & obligations permits.
relative to the exploitation, management and preservation To harmonize, SC held that RA 7160 does not repeal the
over the economic resources found within the zone. provision of RA 4850. The charter of LLDA constitutes a
special law, while RA 7160 is a general law which cannot
Baseline - low-water line along the coast as officially recognized be construed to have repealed a special law. Power of
by the coastal State. LLDA embodied a valid exercise of police power, while
LGUs power is clearly granted for revenue purpose.
Straight baseline drawn connecting selected points on coast
without appreciable departure from general shape of the coast. Hizon v. Court of Appeals
There is a presumption of guilt on the discovery of
High seas beyond territorial seas and not subject to the substances and contaminated fish in the possession of
sovereign of the coastal state. fishermen in the fishing boat.
However, since it is only a prima facie evidence, the
Continental Shelf seabed/subsoil of submarine areas adjacent accused is not precluded from resenting his evidence to
to the coastal state but outside territorial sea up to depth of rebut the main fact presumed.
200meters or beyond.
Araneta v. Gatmaitan
Municipal waters bodies of water within the municipality If the Secretary has authority to regulate or ban fishing,
which is not included within the protected areas, 15km from then, the president may exercise the same power under: (i)
coastline. Section 17, Article VII of 1987 constitution; and (ii)
Jurisdiction of municipal/city government Supervision and control of President over his executive
Under general welfare clause department under administrative code

Catch ceiling limitations or quota on total quantity of fish

captured for a specific period of time and specified area based on
available evidence.
RA 7586: NIPAS Act PD 972: Coal Development Act

What is NIPAS? What are the aims of the Coal Development Act?
National Integrated Protected Areas System (NIPAS)
is a system of classification and administration of designated Coal Development Act of 1976 aims to:
protected areas xxx to preserve genetic diversity. 1. promote an accelerated exploration, development,
exploitation, production and utilization of coal,
What are the protected areas? 2. encourage the participation of private sector with
1. Strict natural reserve sufficient capital, technical and managerial resources in
2. Natural park the exploitation and production of coal resources, and
3. Natural monument 3. upgrade the technical and financial capabilities of coal
4. Wildlife Sanctuary industry.
5. Protected landscape and seascape
6. Resource reserve Jurisdiction over coal development act shall be under
7. Natural biotic areas Department of Energy (DOE).
8. Other categories established by law
DOE shall not accept any application or proposal for contracts
PICOP v. Base Minerals Corp. except during competitive public contracting rounds/bids.
There must be a classification that an area is considered as
protected area. Blocking system: each coal region shall be divided into
Without proclamation/classification pursuant to law, meridional blocks or quadrangles containing 1,000 hectares
prohibition of mineral location will not be operational. or less.

Prohibited acts under NIPAS No person shall be entitled to more than 15 blocks of coal
lands in any coal region.
1. Hunting, destroying, disturbing, or mere possession of any
plants or animals or products derived therefrom without a Exploration period under every coal operating contract shall
permit from the Management Board; be for 2 years. It may be extended for another 2 years.

2. Dumping of any waste products detriment to the protected All materials, equipment, plants and other installations
area, or to the plants and animals or inhabitants therein; movable in nature shall be properties of DOE if not removed
within 1 year after the termination of coal operating contract
3. Use of any motorized equipment without a permit from the
Management Board; EMINENT DOMAIN
Power of eminent domain may be invoked and exercised for
4. Mutilating, defacing or destroying objects of natural beauty, the entry, acquisition and use of private lands for purposes of
or objects of interest to cultural communities (of scenic coal exploration, development and exploitation, upon prior
value); written notice to the surface owner.

5. Damaging and leaving roads and trails in a damaged TIMBER RIGHTS

condition; The operator may cut trees or timber within his coal contract
as may be necessary for exploration, development and
6. Squatting, mineral locating, or otherwise occupying any land; exploitation of the area
The operator granted with timber right shall be obligated to
7. Constructing or maintaining any kind of structure, fence or perform reforestation works in accordance with the
enclosures, conducting any business enterprise without a regulations of FMB.
8. Leaving in exposed or unsanitary conditions refuse or debris, A coal operator shall also enjoy water rights necessary for the
or depositing in ground or in bodies of water; and exploration, development and exploitation of is coal contract
area, BUT water rights already granted or legally existing
9. Altering, removing destroying or defacing boundary marks or SHALL NOT THEREBY BE IMPAIRED.


"Protected Area" refers to identified portions of land and water

set aside by reason of their unique physical and biological
significance, managed to enhance biological diversity and
protected against destructive human exploitation;

"Buffer zones" are identified areas outside the boundaries of and

immediately adjacent to designated protected areas pursuant to
Section 8 that need special development control in order to avoid
or minimize harm to the protected area;

"Indigenous cultural community" refers to a group of people

sharing common bonds of language, customs, traditions and other
distinctive cultural traits, and who have, since time immemorial,
occupied, possessed and utilized a territory;

PD 1586: Once a project is implemented, the ECC remains valid and active
Philippine Environmental Impact Statement System for the lifetime of the project
The ECC automatically expires if a project has not been
Principle of Sustainable Development - rational and orderly implemented within five (5) years from ECC issuance, or if the
balance between economic growth and environmental protection ECC was not requested for extension within three (3) months
from the expiration of its validity.
What is PEISS?
Deciding Authority Appeal
PD 1586 otherwise known as Philippine Environmental EMB Regional Office Director EMB Central Office Director
Impact Statement Systems (1978) requires all instrumentalities of EMB Central Office Director DENR Secretary
the government and private entities to prepare an Environmental DENR Secretary Office of the President
Impact System (EIS) for every proposed Environmentally Critical
Projects (ECP), or projects located in an Environmentally Critical Area Paje, Secretary of DENR v. Casio
(ECA), for every proposed project and undertaking which significantly
affect the quality of the environment and to justify why the project Is ECC a permit or license?
should be implemented.
No. ECC is not a permit. A license has been defined as a
ECC v. CNC governmental permission to perform a particular act (such as
getting married), conduct a particular business or occupation,
Environmental Compliance Certificate (ECC) - document operate machinery or vehicles after proving capacity and ability to
issued by the DENR/EMB after a positive review of an ECC do so safely, or use property for a certain purpose.
application, certifying that based on the representations of the
proponent, the proposed project or undertaking will not cause While a permit has been defined as a license or other
significant negative environmental impact. document given by an authorized public official or agency (building
Certificate of Non-Coverage (CNC) a certification issued by inspector, department of motor vehicles) to allow a person or
the EMB certifying that, based on the submitted project business to perform certain acts.
description, the project is not covered by the EIS System and is
not required to secure an ECC. ECC is not a permit and should not be interpreted as such but
rather a set of conditions which will have to be complied with by
It should be noted however, that the issuance of an ECC does the Project before implementing the said project, hence, not a
not preclude a project proponent from securing related permit.
permits, such as sanitary, conversion, water, and building
permits, from concerned government agencies under other Why do I need to know WoN ECC is a permit?
existing laws, rules and regulations.
In IPRA Law, it is necessary to secure a Certificate of Non-
ECA v. ECP Overlap (CNO) from NCIP before any license will be granted from
any government agency. Since ECC is not a license, therefore, there
Environmentally Critical Area (ECA) - area delineated as is no need to secure certification before the actual granting of ECC.
environmentally sensitive such that significant environmental
impacts are expected if certain types of proposed projects or Aside from DENR, may LGU issue ECC or CNC?
programs are located, developed or implemented in it.
Environmentally Critical Project (ECP) - project or program No. PD 1586 provides that ECCs are issued only by the
that has high potential for significant negative environmental President of the Philippines or his duly authorized representative,
impact. which is DENR (DENR Secretary as Alter Ego of the President). A
delegated authority cannot be re-delegated.
Thus, administrators of declared area management
Environmental Impact Statement (EIS) - document, prepared authorities and economic zones/industrial parks as well as LGUs
and submitted by the project proponent and/or EIA Consultant do not have the authority to issue ECC/CNC under P.D. 1586 unless
that serves as an application for an ECC. otherwise expressly delegated by the President of the Philippines
Initial Environmental Examination (IEE) Report - document
similar to an EIS, but with reduced details and depth of Identify if issuance of the following are ministerial duty:
assessment and discussion.
I. ECPs in ECA or NECA: EIS ECC a. CNC Yes. Issuance of CNC is a ministerial duty upon
II. NECA in ECA: IEE ECC application of the proponent.
b. ECC NO. Issuance of ECC is NOT a ministerial duty
A. Environmentally Critical Projects
I. Heavy Industries It is important to know the nature of ECC/CNC whether it is
II. Resource Extractive Industries a ministerial duty because it is one of the element of the judicial
III. Infrastructure Projects writ of Mandamus, to wit:

B. Environmentally Critical Areas 1. Petitioner must show a clear legal right to the act
1. NIPAS demanded;
2. Aesthetic potential tourist spots; 2. Respondent must have a duty to perform the act
3. Habitat for any endangered or threatened species mandated by law;
4. Historic, archaeological, or scientific interests;
5. Occupied by cultural communities or tribes; 3. Respondent unlawfully neglect the performance of the
6. Frequently visited and/or hard-hit by natural calamities duty enjoined by law;
7. Critical slopes areas;
8. Prime agricultural lands; 4. The act to be performed is ministerial and not
9. Recharged areas of aquifers; discretionary; and
10. Water bodies
11. Mangrove areas 5. There is no other plain, speedy and adequate remedy in
12. Coral reefs the ordinary course of law.

The outcome of the EIA Process within the system administered To tell whether the act may be compelled by Mandamus, the
by the DENR is the issuance of decision documents. Decision duty must be first ministerial. A duty is ministerial if it is the
documents may either be an ECC, CNC or a Denial Letter. official duty of a public officer required by direct and positive
The decisions on applications shall be made within prescribed command of the law wherein the officer has no room for the
timelines within the control of DENR, otherwise, the application exercise of discretion.
shall be deemed automatically approved, with the issuance of the
approval document within five (5) working days from the time
the prescribed period lapsed.
RA 8749: Philippine Clean Air Act PAB or LGU requiring determination of intricate matters of
What is Philippine Clean Air Act?
Citizen Suit
Philippine Clean Air Act of 1999 outlines the
government's measures to reduce air pollution and incorporate Any citizen may file an appropriate civil, criminal or
environmental protection into its development plans. administrative action in the proper court against:

Definition of terms 1. Any person who violates or fails to comply with the
provision of the Clean Air Act
Air pollutant any matter found in the atmosphere other than the
inert gases in their natural or normal concentrations that is 2. The Department or other implementing agencies with
detrimental to health or environment respect to orders, rules and regulations issued
inconsistent with Clean Air Act.
Air pollution any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge that 3. Any public officer who willfully or grossly neglects the
will likely to create or render the air resources harmful, performance of an act.
detrimental or injurious to public health.
Suits and Strategic Legal Actions against Public Participation
Ambient air the general amount of pollution present in a broad (SLAPP)
area; and refers to the atmospheres average purity as
distinguished from discharge measurements taken at the source Where a suit is brought against a person who filed an action
of pollution. as provided in Section 41 (Citizen suit) against any person,
institution or government agency that implements a law
Incineration process of burning of municipal bio-medical and complained about, it shall be the duty of the investigating
hazardous wastes, which emits poisonous and toxic fumes. prosecutor or the court, as the case may be, to immediately
However, prohibition on incineration does not apply to sanitation determine within 30 days, whether the said legal action has
siga, traditional, agricultural, health and food preparation and been filed to harass, vex, exert undue pressure or stifle such
crematoria. (Atty. USec: Jurisprudence held that incineration is legal recourses of the person complaining.
not at all prohibited, provided that it meets the standard)
Gross violation
Will mandamus prosper to compel PUVs to used natural gas
as alternative fuel? Gross violation against clean air act shall mean:

NO. Mandamus will not prosper to compel PUVs to use a. three (3) or more specific offenses within a period of (1)
natural gas as alternative fuel in the absence of specific law on year
the matter. The legislature should provide first the specific
statutory remedy to the complex environmental problems b. three (3) or more specific offenses within three (3)
before any judicial recourse by mandamus is taken. consecutive years;

Regulation of Vehicles and Engines c. blatant disregard of the orders of the PAB, such as but
not limited to the breaking of seal, padlocks and other
Any imported new or locally-assembled motor vehicle shall similar devices, or operating despite the existence of an
not be registered unless it complies with the emission order for closure, discontinuance or cessation of
standards set, as evidenced by Certificate of Conformity operation; and
d. irreparable or grave damage to the environment as a
No motor vehicle registration (MVR) shall be issued unless consequence of any violation or omission of the
such motor vehicle passes the emission testing requirement. provisions of this Act.

Prohibition on smoking According to USec Leones:

Section 10 of Clean Air Act: Smoking inside a public building Application of Exhaustion of Administrative Remedies
or an enclosed public place, including public vehicles and
other means of transport, or in any other enclosed area PD 1586: EAR shall apply
outside ones private residence, private place of work or any Clean Water Act/Clean Air Act: EAR does not apply, since
duly designated smoking area is prohibited. (To be jurisdiction on the matter is vested on a quasi-judicial body.
implemented by LGUs)

Prohibition on Ozone Depleting Substances (Montreal Protocol)

Section 30 of Clean Air Act: The Department shall phase-out

ozone-depleting substances.

Abatement of Private Nuisance

Section 694 of NCC provides that nuisance is any act,

omission, establishment, condition of property or anything
else which: (1) injures or endangers the health or safety of
others; or (2) annoys or offends the senses; or (3) shocks,
defies or disregards decency or morality; or (4) obstructs or
interferes with the free passage of any public highway or
street or any body of water; or (5) hinders or impairs the use
of property.

AC Enterprises, Inc. v. Frabelle Properties Corporation: PAB has

no jurisdiction on the resolution of the issue before RTC, WoN
the noise complained about is an actionable nuisance, since it
does not require any technical expertise and experience of

RA 9275: Clean Water Act RA 9003: Ecological Solid Waste Management Act

What is Clean Water Act? What is Ecological Solid Waste Management Act?
Clean Water Act of 2004 aims to protect the countrys water Ecological Solid Waste Management Act of 2000 refers to the
bodies from pollution. It provides for a comprehensive and systematic administration of activities which provide for
integrated strategy to prevent and minimize pollution segregation at source, segregated transportation, storage,
through a multi-sectoral and participatory approach transfer, processing, treatment, and disposal of solid waste and
involving stakeholders. all other waste management activities which do not harm the
National Solid Waste Management Commission (NSWMC) shall
It covers ALL types of bodies of water
implement the Ecological Solid Waste Management Act which
shall be composed of 14 government agencies and 3 members
All owners or operators of facilities that discharge from private sector.
wastewater are required to get a permit to discharge from
the DENR or LLDA Definition of terms
Collection - shall refer to the act of removing solid waste from the
Anyone discharging wastewater into a water body shall have source or from a communal storage point;
to pay a wastewater charge.
Composting - shall refer to the controlled decomposition of organic
Definition of Terms: matter by micro-organisms, mainly bacteria and fungi, into a humus-
like product;
Beneficial use use of the environment or any element/segment
thereof conducive to public or private welfare, safety and health; Ecological solid waste management - shall refer to the systematic
and shall include, but not limited to the use of water for domestic, administration of activities which provide for segregation at source,
municipal, irrigation, power generation, fisheries, livestock segregated transportation, storage, transfer, processing, treatment,
raising, industrial, recreational and other purpose. and disposal of solid waste and all other waste management activities
which do not harm the environment;
Contamination means the introduction of substances not found
Leachate - shall refer to the liquid produced when waste undergo
in the natural composition of water that make the water less
decomposition, and when water percolate through solid waste
desirable or unfit for intended use. undergoing decomposition. It is contaminated liquid that contains
dissolved and suspended materials;
Discharge the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a Materials recovery facility (MRF) - includes a solid waste transfer
water body or onto land from which it might flow or drain into said station or sorting station, drop-off center, a composting facility, and a
water. recycling facility;

Effluent - means discharge from known sources which is passed Solid waste management facility - shall refer to any resource
into a body of water or land, or wastewater flowing out of a recovery system or component thereof; any system, program, or
manufacturing plant, industrial plant including domestic, facility for resource conservation; any facility for the collection, source
commercial and recreational facilities. separation, storage, transportation, transfer, processing, treatment, or
disposal of solid waste;
Hazardous waste - means any waste or combination of wastes of
solid liquid, contained gaseous, or semi-solid form which cause, of Municipal waste - shall refer to wastes produced from activities
contribute to, an increase in mortality or an increase in serious within local government units which include a combination of
domestic, commercial, institutional and industrial wastes and street
irreversible, or incapacitating reversible illness, taking into
account toxicity of such waste, its persistence and degradability in
nature, its potential for accumulation or concentration in tissue, Solid waste - shall refer to all discarded household, commercial waste,
and other factors that may otherwise cause or contribute to non-hazardous institutional and industrial waste, street sweepings,
adverse acute or chronic effects on the health of persons or construction debris, agricultural waste, and other non-
organism. hazardous/non-toxic solid waste.

Pollutant - shall refer to any substance, whether solid, liquid, Solid Waste Management Procedure
gaseous or radioactive, which directly or indirectly: Segregation of wastes shall begin in the household, institutional,
industrial, commercial and agricultural sources, which shall be
a. alters the quality of any segment of the receiving water body segregated into compostable, non-recyclable, recyclable or
to affect or tend to affect adversely any beneficial use thereof; special type of waste.
Collection of wastes shall be undertaken by the LGU. Solid
b. is hazardous or potential hazardous to health; wastes shall be brought to Materials Recovery Facility (MRF),
in which solid wastes shall be further sorted. Residual wastes
c. imparts objectionable odor, temperature change, or physical, shall be sent to landfill, while hazardous wastes shall be sent to
chemical or biological change to any segment of the water treatment facility.
body; or
Salient Features:
Prohibition on the Use of Non-Environmentally Acceptable
d. is in excess of the allowable limits, concentrations, or quality Packaging - No person owning, operating or conducting a
standards specified, or in contravention of the condition, commercial establishment in the country shall sell or convey at
limitation or restriction prescribed in this Act. retail or possess with the intent to sell or convey at retail any
products that are placed, wrapped or packaged in or on
Treatment - means any method, technique, or process designed packaging which is not environmentally acceptable packaging.
to alter the physical, chemical or biological and radiological
character or composition of any waste or wastewater to reduce or Prohibition Against the Use of Open Dumps for Solid Waste - No
prevent pollution. open dumps shall be established and operated, nor any practice
or disposal of solid waste by any person, including LGUs, which
Waste - means any material either solid, liquid, semisolid, constitutes the use of open dumps for solid wastes, be allowed
contained gas or other forms resulting industrial, commercial, (Atty Usec: There should be no open dumpsite by 2016)
mining or agricultural operations, or from community and
household activities that is devoid of usage and discarded. Prohibition on [1]Littering, throwing, dumping of waste matters
in public places, such as roads, sidewalks, canals, esteros or
Water Pollution - means any alteration of the physical, chemical, parks, and establishment, or causing or permitting the same;
[2]Open burning of solid wastes, et. al.
biological, or radiological properties of a water body resulting in
the impairment of its purity or quality.

RA 6969: Toxic Substances and RA 7076:
Hazardous and Nuclear Wastes Control Act Peoples Small-Scale Mining Act of 1991

What is Toxic Substances and Hazardous and Nuclear Wastes What is Peoples Small-Scale Mining Act?
Control Act?
Peoples Small-Scale Mining Act of 1991 enshrines the rights of
Toxic Substances and Hazardous, and Nuclear small scale miners, and authorized Mining Regulatory Board
Wastes Control Act of 1990: (1) regulate, restrict or prohibit the directly under DENR Secretarys control and supervision to
importation, manufacture, processing, sale, distribution, use and declare and set aside people's small-scale mining areas in sites
onshore suitable for small-scale mining, immediately giving
disposal of chemical substances and mixtures that present
priority to areas already occupied and actively mined by small-
unreasonable risk and/or injury to health or the environment; (2)
scale miners before August 1, 1987;
prohibit the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the Philippine territorial limits for Exceptions
whatever purpose; and (3) provide advancement and facilitate a. such areas are not considered as active mining areas;
research and studies on toxic chemicals. b. the minerals found therein are technically and commercially
suitable for small-scale mining activities:
TSHNWCA shall cover the importation, manufacture, c. the areas are not covered by existing forest rights or
processing, handling, storage, transportation, sale, distribution, reservations and have not been declared as tourist or
use and disposal (from cradle to grave) of all unregulated marine reserves, parks and wildlife reservations, unless
chemical substances and mixtures in the Philippines, including the their status as such is withdrawn by competent authority,
entry even in transit, as well as the keeping or storage and disposal
of hazardous and nuclear wastes into the country for whatever Suitable areas for small- scale mining:
purposes. a. Areas already occupied and actively mined by small-scale
miners before August 1, 1987Public lands not subject to any
There is an Inter-agency Technical Advisory Council existing right,
attached to the Department of Environment and Natural b. Public lands not subject to any existing rights
c. Public lands covered by existing mining rights which are not
Resources which shall be composed of one (1) chairman and ten
active mining areas, and
(10) members: Secretary of DENR as Chairman, and Secretary of
d. Private lands, except those with substantial improvements
DOH, Director of PNRI, Secretary of DTI, Secretary of DOST, or used as a yard, stockyard, garden, plant nursery,
Secretary of DND, Secretary of DFA, Secretary of DOLE, Secretary plantation, cemetery or burial site; or land situated within
of DOF, Secretary of DA, Representative from NGO from Health and one hundred meters (100 m.) from such cemetery or burial
safety as members site, water reservoir or a separate parcel of land with an area
often thousand square meters (10,000sq.m.) or less.
Section 13 of TSHNWCA enumerates the following as e. Ancestral lands with prior consent of the cultural
Prohibited Acts: communities
a. Knowingly use in chemical substance or mixture which is f. Areas occupied by a community of traditional small-scale
imported, manufactured, processed or distributed in miners, subject to approval of the said community
violation of this Act or implementing rules and regulations or
orders; No ancestral land may be declared as a people's small-scale
b. Failure or refusal to submit reports, notices or on the mining area without the prior consent of the cultural
information, access to records as required by this Act, or communities concerned: Provided that, if ancestral lands are
permit inspection of establishment where chemicals are declared as people's small-scale mining areas, the members of
manufactured, processed, stored or otherwise held; the cultural communities therein shall be given priority in the
awarding of small-scale mining contracts; provided further that
c. Failure or refusal to comply with the pre-manufacture and
royalties shall be paid to them by the parties to the mining
pre-importation requirements (Meaning, there must be
import clearance before entry of any chemical substances to the
Philippines); and Small-scale miners have easement rights to mining and logging
d. Cause, aid or facilitate, directly or indirectly, in the roads, private roads, port and communication facilities,
storage, importation or bringing into Philippine territory, processing plant which are necessary for the effective
including its maritime economic zones, even in transit, either implementation of the People's Small-scale Mining Program,
by means of land, air or sea transportation or otherwise subject to payment of reasonable fees to the operator, claim
keeping in storage any amount of hazardous and nuclear owner, landowner or lessor of the property.
wastes in any part of the Philippines
In no case shall a small-scale mining contract be subcontracted,
Definition of Terms: assigned or otherwise transferred.
Hazardous substances are substances which present either: A contract shall have a term of two (2) years, renewable subject
1. short-term acute hazards such as acute toxicity by ingestion, to verification by the Board for like periods as long as the
inhalation or skin absorption, corrosivity or other skin or eye contractor complies with the provisions of the act.
contact hazard or the risk of fire or explosion; or The small-scale mining contractor shall be the owner of all mill
2. long-term environmental hazards, including chronic toxicity tailings produced from the contract area. He may sell the tailings
or have them processed in any custom mill in the area
upon repeated exposure.
All golds shall be sold to the Central Bank, or its duly
authorized representatives, which shall buy it at prices
Hazardous wastes are substances that are without any safe competitive with those prevailing in the world market regardless
commercial, industrial, agricultural or economic usage and are of volume or weight
shipped, transported or brought from the country of origin for Royalty of private land owner shall not exceed 1% of the gross
dumping or disposal into or in transit through any part of the value of minerals
territory of the Philippines.
Definition of Terms:
Nuclear wastes are hazardous wastes made radioactive by Small-scale mining refers to mining activities which rely heavily on
exposure to the radiation incidental to the production or manual labor using simple implements and methods and do not use
utilization of nuclear fuels but does not include nuclear fuel, or explosives or heavy mining equipment.
radioisotopes which have reached the final stage of fabrication so
as to be usable for any scientific, medical, agricultural, commercial, Small-scale miner refers to Filipino citizens who, individually or in
or industrial purpose. the company of other Filipino citizens voluntarily form a cooperative
duly licensed by the Department of Environment and Natural
Kinds of list of chemicals as provided by TSHNWCA: Resources to engage, under the terms and conditions of a contract, in
1. Philippine Inventory of Chemicals & Chemical Substances the extraction or removal of minerals or ore-bearing materials from
the ground
(PICCS) list of all allowed chemical substances.
2. Philippine Priority Chemical List (PPCL) list of
prohibited chemical substances
Cartagena Protocol Rotterdam Convention

What is Cartagena Protocol? What is Rotterdam Convention?

The Cartagena Protocol on Biological Diversity is an
international treaty governing the movements of living modified Rotterdam Convention on the Prior Informed
organisms (LMOs) from one country to another, and seeks to protect Consent Procedure for Certain Hazardous Chemicals and
biological diversity from the potential risks posed by genetically Pesticides in International Trade is a multilateral treaty to
modified organisms resulting from modern biotechnology. promote shared responsibilities in relation to importation of
Living Modified Organism (LMO)/ Genetically Modified hazardous chemicals. The convention promotes open exchange of
Organism (GMO) any living organism that possesses a novel
information and calls on exporters of hazardous chemicals to use
combination of genetic material obtained through the use of modern
proper labeling, include directions on safe handling, and
biotechnology. Overall, the term 'living modified organisms' is
equivalent to genetically modified organism the Protocol did not
inform purchasers of any known restrictions or bans.
make any distinction between these terms and did not use the term Signatory nations can decide whether to allow or ban the
'genetically modified organism.' importation of chemicals listed in the treaty, and exporting
Biosafety Clearing-House (BCH) an information- countries are obliged to make sure that producers within their
exchange mechanism that provides open and easy access to key jurisdiction comply.
information about LMOs
Salient Feature: The parties shall ensure that the The Convention promotes the exchange of information
development, handling, transport, use, transfer and release of any on a very broad range of chemicals. Basically, the convention is
living modified organisms are undertaken in a manner that prevents about the proper labelling of chemicals.
or reduces the risks to biological diversity, taking also into account
risks to human health.

Basel Convention Montreal Protocol

What is Basel Convention? What is Montreal Protocol?

The Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and Their Disposal is an The Montreal Protocol on Substances that Deplete
international treaty that was designed to reduce the movements of the Ozone Layer (a protocol to the Vienna Convention for the
hazardous waste between nations, and specifically to prevent transfer Protection of the Ozone Layer) is an international treaty designed
of hazardous waste from developed to less developed countries
to protect the ozone layer by phasing out the production of
(LDCs). It does not, however, address the movement of radioactive
numerous substances that are responsible for ozone depletion.
Hazardous wastes are substances which are either (1)
explosive, (2) flammable, (3) toxic or (4) corrosive. Those Due to its widespread adoption and implementation it
substances/wastes that did not fall on the category is defined as or has been hailed as an example of exceptional international co-
considered to be a hazardous waste under the laws of either the operation, with Kofi Annan quoted as saying that "perhaps the
exporting country. (see RA 6969) single most successful international agreement to date has been
Atty Usec: As a general rule, no one is permitted to export the Montreal Protocol". In comparison, effective burden sharing
hazardous waste. Exception: exporter without treatment facility. In and solution proposals mitigating regional conflicts of interest
other words, if an exporter already have a treatment facility, they are have been among the success factors for the Ozone depletion
no longer allowed to export hazardous waste. challenge, where global regulation based on the Kyoto Protocol
There are 2 options in resolving the wastes exported from has failed to do so.
Canada to the Philippines: (1) ship it back to the source country, as per
Basel Convention; or (2) if there is no way to ship it back, or if would Chlorofluorocarbons (CFCs) ozone depleting substance
not be convenient or economical, or if it would cause more harm to the
environment, the concerned State should sit down, discuss the
problem and come up with a solution. In the case at bar, it would be
economical to bury the waste and promulgate a more stringent rules
on importation.

Stockholm Convention Kyoto Protocol

What is Stockholm Convention? What is Kyoto protocol?

Stockholm Convention on Persistent Organic Pollutants
is an international environmental treaty, signed in 2001 and effective The Kyoto Protocol is an international treaty, which
from May 2004, that aims to eliminate or restrict the production and extends the 1992 United Nations Framework Convention on
use of persistent organic pollutants (POPs). Climate Change (UNFCCC) that commits State Parties to reduce
Persistent Organic Pollutants (POPs) are chemical greenhouse gases emissions, based on the premise that (a) global
substances that persist in the environment, bio-accumulate through warming exists and (b) man-made CO2 emissions have caused it.
the food web, and pose a risk of causing adverse effects to human
health and the environment.
The Stockholm Convention is perhaps best understood as
having five essential aims:
1. Eliminate dangerous POPs, starting with the 12 worst
2. Support the transition to safer alternatives
3. Target additional POPs for action
4. Cleanup old stockpiles and equipment containing POPs
5. Work together for a POPs-free future

12 worst chemicals

No. Chemical Name No. Chemical Name

1 Aldrin 7 Mirex
2 Chlordane 8 Toxaphene
3 Dieldrin 9 Polychlorinated biphenyls (PCBs)
4 Endrin 10 DDT
5 Heptachlor 11 Polychlorinated dibenzo-p-dioxins
("dioxins") and polychlorinated
6 Hexachlorobenzene 12 Hexachlorobenzene


Похожие интересы