Discussion 6/30/19
control over the land
International Agreements
 1972 Stockholm Declaration
 19 ???
 Kyoto Protocol
 UNCLOS
 Vienna Convention – ozone layer
`  Villaflor v Dir of Lands
Archipelagic Doctrine: The waters around,
between and connecting the Philippines,
regardless of breadth.
Regalian Doctrine:
Contiguous Zone: 24 NM from baseline
 Protect Customs and
 Sanitation
Exclusive Economic Zone: 200 NM
 Not part of territory
 Just have sovereign rights to
EXPLOIT the resources
“The President MAY enter into agreement”
Salient Features for Rules of Procedure
for Envi cases
Effective: Apr 29, 2010
1. Locus standi:
a. Precautionary Principle:
b. Writ of Kalikasan
i. Reserve, Rehabilitate
the Environment
CA 141
Enacted: Nov. 7, 1986
Applies to public lands,
 Only agricultural lands can be
disposed.
 Disposal shall be under the full
control of the state
 Dominion: capacity to own or
acquire land
 Imperium: the state has supreme
 Cruz v Secretary of Natural
Resources GR 135385 Dec 6,
o IPRA constitutionality
o Native Title
Primary Jurisdiction
o The Courts will not resolve a
controversy that is well within
the jurisdiction of an
administrative agency,
especially when it
demands… technical
expertise.
Exhaustion of Administrative Remedies
 The court’s action cannot prosper
until all the remedies has been
exhausted at the administrative
level.
 Exceptions:
1. Violation of Due Process
2. When the issue involved is a
purely legal question
3. Patent illegal amounting to
lack or excess of JD.
4. When there is estoppel:
when you have actively taken
part of the proceeding.
5. Irreparable Injury
6. Respondent is a Department
Secretary: since he is an
ALTER EGO of the
President, thus,
7. When unreasonable
8. Private lands
9. ?
10. When the rule does not
Plain, Speedy, Adequate
remedy.
11. When there are
circumstances ?
Classification of Lands
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  Public Domain: for Public Use
o Alienable
o Inalienable
 Private Domain

Classification of Lands: Sec 3 Art XII

 Agri
o Alienable Land
o Private Corpo only LEASE,
25 years renewable for 25.
o Sec 6 CA 141: the
prerogative of classifying of
the Public Domain belongs to
the Executive Branch of the
Govt
o Sec DENR v Yap GR 167707
Oct 8, 2008
 Forest/Timber
 Mineral
 Natural Park

How land may be transferred

1. Homestead settlement
2. Sale
3. Lease
4. Confirmation of perfect or
incomplete title

The ff cannot be subject to legislation(?)

1. Public Dominion
2. ???

Ang.. v Govt Phil Islands, Aug 23, 1993

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