NATURAL RESOURCES AND ENVIRONMENTAL LAW
1987 Constitution
ARTICLE I - National Territory
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between,
and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
ARTICLE XII - National Economy and Patrimony
SECTION 1. The goals of the national economy
are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the
amount of goods and services produced by the
nation for the benefit of the people; and an
expanding productivity as the key to raising the
quality of life for all, especially the underprivileged.
The State shall promote industrialization and full
employment based on sound agricultural
development and agrarian reform, through
industries that make full and efficient use of human
and natural resources, and which are competitive
in both domestic and foreign markets. However,
the State shall protect Filipino enterprises against
unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the
economy and all regions of the country shall be
given optimum opportunity to develop. Private
enterprises, including corporations, cooperatives,
and similar collective organizations, shall be
encouraged to broaden the base of their
ownership.
SECTION 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the
exception of agricultural lands, all other natural
resources shall not be alienated. The exploration,
development, and utilization of natural resources
shall be under the full control and supervision of
the State. The State may directly undertake such
activities, or it may enter into co-production, joint
venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at
least sixty per centum of whose capital is owned
by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable
for not more than twenty-five years, and under
such terms and conditions as may be provided by
law. In cases of water rights for irrigation, water
supply, fisheries, or industrial uses other than the
development of water power, beneficial use may
be the measure and limit of the grant.
The State shall protect the nation’s marine wealth
in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers,
lakes, bays, and lagoons.
The President may enter into agreements with
foreign-owned corporations involving either
technical or financial assistance for large-scale
exploration, development, and utilization of
minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions to the
economic growth and general welfare of the
country. In such agreements, the State shall
promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every
contract entered into in accordance with this
provision, within thirty days from its execution.
SECTION 3. Lands of the public domain are
classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the
public domain may be further classified by law
according to the uses which they may be devoted.
Alienable lands of the public domain shall be
limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of
the public domain except by lease, for a period not
exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed
one thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.
Taking into account the requirements of
conservation, ecology, and development, and
subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands
of the public domain which may be acquired,
developed, held, or leased and the conditions
therefor.
Regalian Doctrine
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The Regalian Doctrine dictates that all lands of the
public domain belong to the State, that the State is
the source of any asserted right to ownership of
land and charged with the conservation of such
patrimony. The doctrine has been consistently
adopted under the 1935, 1973, and 1987
Constitutions. All lands not otherwise appearing to
be clearly within private ownership are presumed
to belong to the State. Thus, all lands that have not
been acquired from the government, either by
purchase or by grant, belong to the State as part
of the inalienable public domain. Necessarily, it is
up to the State to determine if lands of the public
domain will be disposed of for private ownership.
The government, as the agent of the state, is
possessed of the plenary power as the persona in
law to determine who shall be the favored
recipients of public lands, as well as under what
terms they may be granted such privilege, not
excluding the placing of obstacles in the way of
their exercise of what otherwise would be ordinary
acts of ownership.
Public Domain & Patrimonial Properties
Public Dominion – Those intended for public use;
these properties are: (1) Outside the commerce of
man;(2) not subject to levy, encumbrance or
disposition through public or private sale.
Patrimonial Properties – Former properties of the
public dominion that are no longer intended for
public use or public service.
Straight Baseline Method
Straight baseline method refers to imaginary
straight lines are drawn joining the outermost
points of outermost islands of the archipelago,
enclosing an area the ratio of which should not be
more than 9:1 (water to land); provided that the
drawing of baselines shall not depart, to any
appreciable extent, from the general configuration
of the archipelago. The waters within the baselines
shall be considered internal waters; while the
breadth of the territorial sea shall then be
measured from the baselines.
Archipelagic Water - Article 1 of the 1987
Constitution said: “The waters around, between,
and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.” This
assertion, together with the “straight baseline
method” form the Archipelagic Doctrine.
Internal water - refers to water within the baseline
Territorial sea means water outside the baseline
extending up to 12 miles.
Contiguous Zone is the zone contiguous to
territorial sea but it may not extend beyond 24
nautical miles from the baselines from which the
breath of the territorial sea is measured.
Exclusive Economic Zone which extend to a
distance of 200 nautical miles beyond and from the
baselines from which the territorial sea is
measured.
DENR, DA and DOE
DENR (Refer to handout)
DA
The Department of Agriculture is the principal
agency of the Philippine government responsible
for the promotion of agricultural development
growth. In pursuit of this, it provides the policy
framework, helps direct public investments, and in
partnership with local government units (LGUs)
provides the support services necessary to make
agriculture and agri-based enterprises profitable
and to help spread the benefits of development to
the poor, particularly those in rural areas.
BUREAUS OF DA
 Agricultural Training Institute
 Bureau of Agricultural Research
 Bureau of Agriculture and Fisheries
Standards
 Bureau of Animal Industry
 Bureau of Fisheries and Aquatic
Resources
 Bureau of Plant Industry
 Bureau of Soils and Water Management
Agricultural Training Institute
1. lead in the formulation of the national
Agriculture and Fisheries Extension (AFE)
agenda and budget;
2. prepare an integrated plan for publicly-
funded training programs in agriculture and
fisheries;
3. formulate and issue guidelines in planning,
implementing, monitoring and evaluating
AFE programs; and
4. assist, in coordination with state
universities and colleges, the local
government units extension system by
improving their effectiveness and efficiency
through capability building and
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complementary extension activities such
as technical assistance, training of LGU
personnel, improvement of physical
facilities, extension cum research and
information support services.
Bureau of Agricultural Research
Responsible for ensuring that agricultural research
is coordinated and undertaken for maximum utility
to agriculture.
BAR leads and coordinates national agriculture
and fisheries research and development in the
Philippines
Bureau of Agriculture and Fisheries Standards
Major duties include formulating and enforcing
standards of quality in the processing,
preservation, packaging, labeling, importation,
exportation, distribution and advertising of fresh,
primary and secondary-processed agricultural and
fisheries products.
Bureau of Animal Industry
a. Formulate programs for the prevention,
control and eradication of animal diseases
and for the development and expansion of
the livestock and poultry industries to meet
the growing requirement of the growing
populace;
b. Recommend specific policies and
procedures governing the flow of livestock
product through the various stages of
marketing as well as the proper
preservation and inspection of such
products;
c. Coordinate and monitor the activities and
projects relating to livestock and allied
industries
d. Prescribe standards for quality in the
manufacture, importation, labeling,
advertising, distribution and sale of
livestock, poultry and allied industries and;
e. Recommend plans and programs, policies
and regulations to the Secretary of
Agriculture and provide technical
assistance in the implementation of the
same.
Bureau of Fisheries and Aquatic Resources
Responsible for the development, improvement,
management and conservation of the country's
fisheries and aquatic resources.
Bureau of Plant Industry
BPI, as one of the staff bureaus of the Department
of Agriculture, is mandated to serve and support
the Philippine plant industy sector. It is therefore
committed to meet and satisfy the needs of its
stakeholders in the areas of crop research,
protection and production, analytical services,
seed quality assurance, plant quarantine,
agricultural engineering services and food safety,
as well as comply and implement existing
regulations and support/advocate the formulation
of new regulations.
Bureau of Soils and Water Management
The mandate of BSWM is to formulate measures
and guidelines for the effective utilization of soil
and water resources to attain food security and
safety, enviroment stability through soil and water
resources –based adaptation and mitigation
measures that address multi-environmental
concerns on land degradation, climate change,
and agricultural biodiversity conservation.
(Refer to handout for attached agencies)
DOE
CHAVEZ vs PEA
Under the Public Land Act (CA 141, as amended),
reclaimed lands are classified as alienable and
disposable lands of the public domain Section 3 of
the Constitution: Alienable lands of the public
domain shall be limited to agricultural lands.
Private corporations or associations may not hold
such alienable lands of the public domain except
by lease The 157.84 hectares of reclaimed lands
comprising the Freedom Islands, now covered by
certificates of title in the name of PEA, are
alienable lands of the public domain. PEA may
lease these lands to private corporations but may
not sell or transfer ownership of these lands to
private corporations. PEA may only sell these
lands to Philippine citizens, subject to the
ownership limitations in the 1987 Constitution and
existing laws. Clearly, the Amended JVA violates
glaringly Sections 2 and 3, Article XII of the 1987
Constitution. Under Article 1409 of the Civil Code,
contracts whose “object or purpose is contrary to
law,” or whose “object is outside the commerce of
men,” are “inexistent and void from the beginning.”
The Court must perform its duty to defend and
uphold the Constitution, and therefore declares the
Amended JVA null and void ab initio.
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CA 141 Public Land Act
Differentiate Imperium v. Dominium
Imperium is the State’s authority to govern. It
covers such activities as passing laws governing a
territory, maintaining peace and order, and
defending it against foreign invasion. On the other
hand, dominium is the capacity to own or acquire
property. It covers such rights as title to land,
exploitation and use of it, and disposition or sale of
the same. Regalian Doctrine is under the realm of
dominium.
What are the natural resources of the State?
The natural resources of the State are:
1. All lands of the public
2. waters
3. minerals
4. coal
5. petroleum
6. other mineral oils
7. all forces of potential energy
8. fisheries
9. forests or timber
10. wildlife
11. flora and fauna
12. other natural resources
Who are the Indigenous people?
Indigenous People refer to a group of people who
have continuously lived as an organized
community on communally bounded and defined
territory. These groups of peoples have actually
occupied, possessed and utilized their territories
under claim of ownership since time immemorial.
Differentiate ancestral land v. ancestral domain
Ancestral land refers to the land occupied by the
individual families and clans who are member of
indigenous cultural community since time
immemorial. Ancestral domain, on the other hand,
is defined as areas generally belonging to
industrial communities.
I. Lands of Public Domain
1. Alienable
a. Agricultural Land
2. Non-Alienable
a. Forest or Timber Land
b. Mineral Lands
c. National Park
According to Public Land Act
a. Alienable or disposable
b. Timber
c. Mineral Lands
Classification of Public Lands Open to
Disposition
a. Agricultural
b. Residential, commercial, industrial, or for
similar productive purposes
c. Educational, Charitable, or for other similar
purposes
d. Reservation for town sites and for public
and quasi-public purpose.
How may public lands be disposed?
1. Homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect/incomplete title
4.1 Judicial legalization
4.2 Administrative legalization
Revised Forestry Code
Distinguish Forest v. Forest Land
Forest is a large track of land covered with a
natural growth of trees and underbrush. On the
other hand, forest land is a classification of land
under the Constitution that is part of public domain
which is beyond the commerce of man and may
not be alienated or disposed. The former is a
description of what the land appears, and the latter
is a legal classification for legal purposes.
However, it must be stresses that legal nature or
status does not have to be descriptive of what the
land actually looks like. Therefore, a land may be
urbanized, yet still classified as forest land.
What are the three (3) types of Forest?
1. Public Forest – a mass of land of public domain
which has not been a subject of the present system
of classification.
2. Permanent Forest/ Forest Reserves – lands of
public domain which have been subject of the
present system of classification and determined to
be needed for forest purposes
3. Forest Reservation – Forest lands which have
been reserved by the President of the Philippines
for any specific purpose.
Differentiate Watershed, watershed
reservation and critical watershed
Watershed is a land area drained by a stream or
fixed body of water and its tributaries having a
common outlet for surface run-off.
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Watershed Reservation is a forest land reservation
established to protect or improve the conditions of
the water yield thereof or reduce sedimentation.
Critical Watershed is a drainage area of a river
supporting existing and proposed hydro-electric
power and irrigation works needing immediate
rehabilitation as it is being subjected to a fast
denudation causing accelerated erosion and
destructive floods.
Notes:
 Legality of closure of logging road is a justiciable
question
 Regalian Doctrine provides that all lands of
public domain, including Forest lands, belong to
the state and are not alienable and disposable.
Hence, any title issued on such nondisposable
lands, even if it is in the hands of a purchaser in
good faith and for value shall be CANCELLED.
Preservation and protection of forest
 Ramos v. Director of Lands: “The prodigality of
the spendthrift who squanders his substance for
the pleasure of the fleeting moment must be
restrained for the less spectacular but surer
policy.”
 A license is not a contract, property or right
protected by due process clause of the
constitution. It does not create an irrevocable right.
It can be withdrawn or cancelled in the exercise of
the police power of the state whenever dictated by
public interest or public welfare.
 No forest land 50% in slope or over may be
utilized for pasture purposes.
 Wildlife may be destroyed, killed, consumed,
eaten or otherwise disposed of, without necessity
of permit, for the protection of life, health, safety
and property, and the convenience of the people.
Criminal offenses and penalties
I. Section 68 of PD 705
1. Cutting, gathering, collecting and removing
timber or other forest products from any forest
land, or timber from alienable or disposable public
and, or from private land without any authority; and
2. Mere possession of timber or other forest
products without the legal documents required
under existing forest laws and regulations.
 In the second offense, it is immaterial
whether the method of gathering the timber
is legal or not. Mere possession of the
forest product without the proper document
is a prima facie evidence of the crime.
 Violation of Section 68 is an offense
equivalent to Qualified Theft (Articles 309
and 310 of RPC). It is not qualified theft per
se, but imposes only a penalty equivalent
to that of qualified theft.
 The elements of the crime of qualified theft
of logs are: (1) that the accused cut,
gathered, collected or removed timber or
other forest products; (2) that the timber or
other forest products belong to the
government or to any other private
individual; and (3) that the cutting,
gathering, collecting or removing was
without authority granted by the state.
 Illegal Forest Products – Any forest
products that are removed, cut, collected,
processed and/or transported: (a) without
the requisite, authorization or permit; or (b)
with incomplete supporting documents; (c)
with genuine authorizations or permits
and/or supporting documentation that have
an expired validity, have been cancelled or
that contain forged entries; or (d) with
spurious (fake) authorizations, permits
and/or supporting documents.
 This offense is considered as Mala
Prohibita. Characteristics of Mala Prohibita
are: (1) it is prohibited by a special law; (2)
Commission of the prohibited act is a crime
itself; (3) Good faith is not a defense; and
(4) intent is immaterial.
 Any timber/forest product, as well as the
machineries, equipment and tools illegally
used in the area where the timber or forest
products are found, shall be confiscated in
favor of the government.
 Reward to informant shall be 20% of the
proceeds of confiscated forest products
 Mustang Lumber, Inc. v. CA: Lumber is a
processed log or timber. The legislative
intent is to include mere possession of
lumber without legal documents
punishable under Section68 of Revised
Forestry Code.
 A forest officer or employee may arrest
without warrant any person who has
committed, or is committing in his presence
any of the offense defined in the code.
 If an officer arrests an alleged perpetrator
without a warrant, and without violating any
offense in the code in his presence, the
officer shall be investigated
administratively.
 Forest products and other items seized and
confiscated upon authority of the DENR
Secretary is lawfully taken by virtue of legal
process and is deemed to be in custodia
legis, therefore, beyond reach of replevin.
 Appeal: Forest Management Bureau 
DENR Secretary  President; Courts
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cannot review the decisions of the DENR
Secretary except through special civil
action for certiorari or prohibition.
 A suit against public officers acting within
the scope of their authority is a suit against
the state and cannot prosper without its
consent.
II. Pasturing livestock
III. Illegal occupation of national parks system
and recreation areas and vandalism therein
IV. Survey by unauthorized persons V.
Misclassification and survey by government
official or employee
IPRA (Refer to handout)
BBL (Refer to handout)
Mining Act
Constitutional Basis: Section 2, Article XII of 1987
Constitution
 All lands of the public domain, xxx and
other natural resources are owned by the
State. With the exception of agricultural
lands, all other natural resources shall not
be alienated.
 The exploration, development, and
utilization of natural resources shall be
under the full control and supervision of the
State.
 The State may directly undertake such
activities, or it may enter into co-production,
joint venture, or production sharing
agreements with Filipino citizens, or
corporations or associations at least sixty
per centum of whose capital is owned by
such citizens. Such agreements may be for
a period not exceeding twenty-five years,
renewable for not more than twenty-five
years, and under such terms and
conditions as may be provided by law.
 The President may enter into agreements
with foreign owned corporations involving
either technical or financial assistance for
large-scale exploration, development, and
utilization of minerals, petroleum, and other
mineral oils according to the general terms
and conditions provided by law, based on
real contributions to the economic growth
and general welfare of the country. In such
agreements, the State shall promote the
development and use of local scientific and
technical resources.
Four (4) modes of Exploration, Development
and Utilization of Natural Resources (Shall be
under the full control and supervision of the
State)
I. The state may directly undertake such activities
II. The state may enter into co-production, joint
venture and production sharing arrangement with
a. Filipino citizen
b. Corporation or association at least 60%
of whose capital is owned by such citizen.
It should not exceed 25 years,
renewable for not more than 25
years
III. Congress may, by law, authorize small-scale
utilization of natural resources by Filipino citizen;
(Congress may also authorize cooperative fish
farming, with priority to subsistence fishermen and
fish- workers in rivers, lakes, bays, and lagoons.)
IV. The President may enter into agreements with
foreign owned corporations involving either
technical or financial assistance for large-scale
EDU of minerals, petroleum, and other mineral oils
 It should be based on real
contributions to the
economic growth and
general welfare of the
country
 In such agreements, the
State shall promote the
development and use of
local scientific and technical
resources.
 The President shall notify
the Congress of every
contract entered under this
provision, within 30 days
from its execution.
 Management and service
contracts are not allowed
under this rule
 Large-scale EDU pertains
to area covered and not the
amount of investment.
Section 4: Ownership of Mineral Resources.
Mineral resources are owned by the State, and
the exploration, development, utilization and
processing thereof shall be under its full
control and supervision. The State may directly
undertake such activities or it may enter
mineral agreements with contractors.
 Thus, if a person is the owner of an
agricultural land in which minerals are
discovered, his ownership of such land
does not give him the right to extract or
utilize the said minerals without the
permission from the State, because the
right to possess or own the surface ground
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is separate and distinct from the mineral
land over the same land.
 Even though location of a mining claim has
been perfected, it does not bar the
government’s exercise of its power of
eminent domain.
 The right of eminent domain covers all
forms of private property, tangible or
intangible, and includes rights which are
attached to the land.
 All projects relating to EDUC of natural
resources are projects of the state, thus,
the projects nevertheless remain as state
projects and can never be purely private
endeavors.
Section 5: Mineral Reservations. When
national interest so requires xxx, the President
may establish mineral reservations upon the
recommendation of the Director through the
Secretary. xxx
 This section empowers the president to
enter into mineral agreements with
contractor if the national interest so
requires.
 Hence, it is beyond the power of the DENR
Secretary to withdraw lands from forest
reserves and to declare the same as an
area open for mining operations
Classification of Minerals
First Group - Metals or metalliferous ores
Second Group - Precious stones
Third Group – Fuels
Fourth Group - Saline and mineral waters
Fifth Group - Building stone in place, clays,
fertilizers and other non-metals
Definition of terms:
Exploration – searching or prospecting for mineral
resources by surveys, remote testing, etc. for the
purpose of the existence, extent, quantity, quality
and feasibility of mining them for profit.
Development – work undertaken to explore and
prepare on ore body or a mineral deposit for
mining, including the construction of necessary
infrastructure and related facilities.
Utilization – extraction or disposition of minerals
Foreign owned corporation – Any juridical entity
with less than 50% Filipino-owned capital
Qualified Person – any citizen of the Philippines
with capacity to contract, or a juridical entity with
technical and financial capability to undertake
mineral resources development with at least 60%
Filipino ownership
1. Individual
a. Must be a Filipino Citizen
b. Of legal age
c. With capacity to contract
2. Juridical entity (corporation, partnership,
cooperation or cooperative)
a. Must be organized or authorized for the
purpose of engaging in mining
b. Duly registered in accordance with law
c. 60% Filipino ownership
Abandonment is the actual relinquishment of right;
giving-up absolutely with intent never again to
resume or claim one’s right or interest.
2 elements of abandonment:
1. INTENT to abandon a right or claim
2. EXTERNAL ACT by which intention is
expressed and carried
out to that effect.
 Mineral resources are BEYOND the
commerce of man. Thus, they cannot be
subject of patent.
Section 19: Areas Closed to Mining Operations.
1. In military and other government reservations
2. Near or under public or private buildings,
cemeteries,
archeological and historical sites, etc.
3. In areas covered by valid and existing mining
rights
4. In areas prohibited by law
5. In areas covered by small-scale miners
6. Old growth or virgin forests, proclaimed
watersheds,
forest reserves, etc. and in areas prohibited under
NIPAS
Examples of permits issued under Philippine
Mining Act
1. Exploration Permit – grants the right to
conduct exploration for all minerals in a
specified area.
 Initial term of exploration permit 2 years
 Renewable Permit
 Non-metallic 4 years Metallic 6 years
 Extension not to exceed 2 yrs
2. Ore Transport Permit (OTP) – permit
specifying the origin and quantity of non-
processed mineral ores from mine site to
warehouse
3. Mineral/Ore Export Permit (MOEP) - permit
specifying the origin and quantity of non-
processed mineral ores from warehouse to
ship.
Small Mining Act
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What is People’s Small-Scale Mining Act?
 People’s Small-Scale Mining Act of 1991
enshrines the rights of small scale miners,
and authorized Mining Regulatory Board
directly under DENR Secretary’s control
and supervision to declare and set aside
people's small-scale mining areas in sites
onshore suitable for small-scale mining,
immediately giving priority to areas already
occupied and actively mined by small scale
miners before August 1, 1987;
Exceptions
a. such areas are not considered as active
mining areas;
b. the minerals found therein are
technically and commercially suitable for
small- scale mining activities:
c. the areas are not covered by existing
forest rights or reservations and have not been
declared as tourist or marine reserves,
parks and wildlife reservations, unless their
status as such is withdrawn by competent
authority,
Suitable areas for small- scale mining:
a. Areas already occupied and actively
mined by small-scale miners before August
1, 1987 Public lands not subject to any
existing right,
b. Public lands not subject to any existing
rights c. Public lands covered by existing mining
rights which are not active mining areas, and
d. Private lands, except those with
substantial improvements or used as a yard,
stockyard, garden, plant nursery, plantation,
cemetery or burial site; or land situated within
one hundred meters (100 m.) from such
cemetery or burial site, water reservoir or a
separate parcel of land with an area often
thousand square meters (10,000sq.m.) or
less.
e. Ancestral lands with prior consent of the
cultural communities
f. Areas occupied by a community of
traditional small-scale miners, subject to approval
of the said community
No ancestral land may be declared as a people's
small-scale mining area without the prior consent
of the cultural communities concerned: Provided
that, if ancestral lands are declared as people's
small-scale mining areas, the members of the
cultural communities therein shall be given priority
in the awarding of small-scale mining contracts;
provided further that royalties shall be paid to them
by the parties to the mining contract.
Small-scale miners have easement rights to
mining and logging roads, private roads, port and
communication facilities, processing plant which
are necessary for the effective implementation of
the People's Small-scale Mining Program, subject
to payment of reasonable fees to the operator,
claim owner, landowner or lessor of the property.
In no case shall a small-scale mining contract be
subcontracted, assigned or otherwise transferred.
A contract shall have a term of two (2) years,
renewable subject to verification by the Board for
like periods as long as the contractor complies with
the provisions of the act.
The small-scale mining contractor shall be the
owner of all mill tailings produced from the contract
area. He may sell the tailings or have them
processed in any custom mill in the area
All golds shall be sold to the Central Bank, or its
duly authorized representatives, which shall buy it
at prices competitive with those prevailing in the
world market regardless of volume or weight
Royalty of private land owner shall not exceed 1%
of the gross value of minerals Definition of Terms:
Small-scale mining refers to mining activities which
rely heavily on manual labor using simple
implements and methods and do not use
explosives or heavy mining equipment. Small-
scale miner refers to Filipino citizens who,
individually or in the company of other Filipino
citizens voluntarily form a cooperative duly
licensed by the Department of Environment and
Natural Resources to engage, under the terms and
conditions of a contract, in the extraction or
removal of minerals or ore-bearing materials from
the ground.
NIPAS Act
National Integrated Protected Areas System
(NIPAS) is a system of classification and
administration of designated protected areas xxx
to preserve genetic diversity.
Declaration of Policy
Section 2. Declaration of Policy – Cognizant of the
profound impact of man’s activities on all
components of the natural environment particularly
the effect of increasing population, resource
exploitation and industrial advancement and
recognizing the critical importance of protecting
and maintaining the natural biological and physical
diversities of the environment notably on areas
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with biologically unique features to sustain human
life and development, as well as plant and animal
life, it is hereby declared the policy of the State to
secure for the Filipino people of present and future
generations the perpetual existence of all native
plants and animals through the establishment of a
comprehensive system of integrated protected
areas within the classification of national park as
provided for in the Constitution.
It is hereby recognized that these areas, although
distinct in features, possess common ecological
values that may be incorporated into a holistic plan
representative of our natural heritage; that
effective administration of this area is possible only
through cooperation among national government,
local government and concerned private
organizations; that the use and enjoyment of these
protected areas must be consistent with the
principles of biological diversity and sustainable
development.
To this end, there is hereby established a National
Integrated Protected Areas System (NIPAS),
which shall encompass outstandingly remarkable
areas and biologically important public lands that
are habitats of rare and endangered species of
plants and animals, biogeographic zones and
related ecosystems, whether terrestrial, wetland or
marine, all of which shall be designated as
"protected areas".
What are the protected areas?
1. Strict natural reserve
2. Natural park
3. Natural monument
4. Wildlife Sanctuary
5. Protected landscape and seascape
6. Resource reserve
7. Natural biotic areas
8. Other categories established by law
PICOP v. Base Minerals Corp.
 There must be a classification that an area is
considered as “protected area.”
 Without proclamation/classification pursuant to
law, prohibition of mineral location will not be
operational.
Prohibited acts under NIPAS
1. Hunting, destroying, disturbing, or mere
possession of any plants or animals or products
derived therefrom without a permit from the
Management Board;
2. Dumping of any waste products detriment to the
protected area, or to the plants and animals or
inhabitants therein;
3. Use of any motorized equipment without a
permit from the Management Board;
4. Mutilating, defacing or destroying objects of
natural beauty, or objects of interest to cultural
communities (of scenic value);
5. Damaging and leaving roads and trails in a
damaged condition;
6. Squatting, mineral locating, or otherwise
occupying any land;
7. Constructing or maintaining any kind of
structure, fence or enclosures, conducting any
business enterprise without a permit;
8. Leaving in exposed or unsanitary conditions
refuse or debris, or depositing in ground or in
bodies of water; and
9. Altering, removing destroying or defacing
boundary marks or signs.
Terminologies:
"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;
Possible Questions and Answers
Why is a clear definition of the territory
important in Regalian Doctrine?
To determine the extent upon which State can
assert ownership and upon subsequent
classification into agricultural, mineral,
timber/forest and national park, identify which is
alienable and disposable.
Imperium and Dominium
Imperium is the State’s authority to govern. It
covers such activities as passing laws governing a
territory, maintaining peace and order, and
defending it against foreign invasion.
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 NATURAL RESOURCES AND ENVIRONMENTAL LAW
On the other hand, dominium is the capacity to
own or acquire property. It covers such rights as
title to land, exploitation and use of it, and
disposition or sale of the same. Regalian Doctrine
is under the realm of dominium.
Provisions which give preference to poor and
marginalized Filipinos
SECTION 4. The State shall, by law, undertake an
agrarian reform program founded on the right of
farmers and regular farmworkers, who are
landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof. To this
end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to
such priorities and reasonable retention limits as
the Congress may prescribe, taking into account
ecological, developmental, or equity
considerations, and subject to the payment of just
compensation. In determining retention limits, the
State shall respect the right of small landowners.
The State shall further provide incentives for
voluntary land-sharing.
SECTION 10. Urban or rural poor dwellers shall
not be evicted nor their dwellings demolished,
except in accordance with law and in a just and
humane manner.
No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with
them and the communities where they are to be
relocated.
Modes of Exploitations, Development and
Utilization
Article 12. Sec. 2. The President may enter into
agreements with foreign-owned corporations
involving either technical or financial assistance for
large-scale exploration, development, and
utilization of minerals, petroleum, and other
mineral oils according to the general terms and
conditions provided by law, based on real
contributions to the economic growth and general
welfare of the country. In such agreements, the
State shall promote the development and use of
local scientific and technical resources.
The State, being the owner of the natural
resources, is accorded the primary power and
responsibility in the exploration, development and
utilization thereof. As such it may undertake these
activities through four modes:
(1) The State may directly undertake such
activities;
(2) The State may enter into co-production, joint
venture or production-sharing agreements with
Filipino citizens or qualified corporations;
(3) Congress may, by law, allow small-scale
utilization of natural resources by Filipino citizens;
or
(4) For the large-scale exploration, development
and utilization of minerals, petroleum and other
mineral oils, the President may enter into
agreements with foreign-owned corporations
involving technical or financial assistance. [La
Bugal-B’Laan Tribal Assn. v. Ramos (Jan. 2004)]
Ancestral Domain and Ancestral Lands
Ancestral land refers to the land occupied by the
individual families and clans who are member of
indigenous cultural community since time
immemorial.
Ancestral domain, on the other hand, is defined as
areas generally belonging to industrial
communities.
Punishable offense under Revised Forestry
Code
1. Cutting, gathering, collecting and removing
timber or other forest products from any forest
land, or timber from alienable or disposable public
and, or from private land without any authority; and
2. Mere possession of timber or other forest
products without the legal documents required
under existing forest laws and regulations.
3. Pasturing livestock
4. Illegal occupation of national parks system and
recreation areas and vandalism therein
5. Survey by unauthorized persons
6. Misclassification and survey by government
official or employee
Protected areas under NIPAS
1. Strict natural reserve
2. Natural park
3. Natural monument
4. Wildlife Sanctuary
5. Protected landscape and seascape
6. Resource reserve
7. Natural biotic areas
8. Other categories established by law
3 animal species that need protection
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(h) "Endangered species" refers to species or
subspecies that is not critically endangered but
whose survival in the wild is unlikely if the causal
factors continue operating;
(i) "Endemic species" Means species or
subspecies which is naturally occurring and found
only within specific areas in the country;
(j) "Exotic species" means species or subspecies
which do not naturally occur in the country (RA
9147)
Beneficial use of water
Beneficial use means the use of the environment
or any element or segment thereof conducive to
public or private welfare, safety and health; and
shall include, but not be limited to, the use of water
for domestic, municipal, irrigation, power
generation, fisheries, livestock raising, industrial,
recreational and other purposes.
 Use of water for domestic purposes means
the utilization of water for drinking,
washing, bathing, cooking or other
household needs, home gardens and
watering of lawns or domestic animals;
 Use of water for municipal purposes means
the utilization of water for supplying water
requirements of the community;
 Use of water for irrigation means the
utilization of water for producing
agricultural crops;
 Use of water for power generation – means
the utilization of water for producing
electrical or mechanical power;
 Use of water for fisheries means the
utilization of water for the propagation of
cultured fish as a commercial enterprise;
 Use of water for livestock raising means the
utilization of water for large herds or flocks
of animals raised as a commercial
enterprise;
 Use of water for industrial purposes means
the utilization of water in factories,
industrial plants and mines, including the
use of water as an ingredient of a finished
product; and
 Use of water for recreational purposes
means the utilization of water for swimming
pools, bath houses, boating, water skiing,
golf courses and other similar facilities in
resorts and other places of recreation.
Climate change
Climate change occurs when changes in Earth's
climate system result in new weather patterns that
remain in place for an extended period of time.
The evidence for rapid climate change is
compelling:
1. Global temperature rise
2. Warming oceans
3. Shrinking ice sheets
4. Sea level rise
5. Declining arctic ice
6. Extreme events
7. Ocean acidification
Inter-generational responsibility
SUSTAINABLE DEVELOPMENT
It is development that meets the needs of the
present without compromising the ability of future
generations to meet their own needs (Case
Concerning the Gabcikovo-Nagymaros Project
(1997)).
No state has the right to use or permit the use of
its territory in such a manner as to cause injury by
fumes in or to the territory of another or the
properties or persons therein, when the case is of
serious consequence and the injury is established
by clear and convincing evidence (US v. Canada
(Trail Smelter Case) (1938)).
Any Filipino citizen in representation of others,
including minors or generations yet unborn, may
file an action to enforce rights or obligations under
environmental laws [Resident Marine Mammals of
the Protected Seascape Tanon Strait v. Reyes,
G.R. No. 180771 (2015)]
Environmental Compliance Certificate (ECC)
This certificate indicates that the proposed project
or undertaking will not cause a significant negative
impact on the Philippine environment. Any project
in the Philippines that poses a potential
environmental risk or impact (such as mining,
agriculture projects, and construction) is required
to secure an Environmental Compliance
Certificate (ECC) from the Department of the
Environment and Natural Resources –
Environmental Management Board (DENR-EMB).
An ECC is issued by DENR-EMB after a positive
review of the project’s application. This certificate
indicates that the proposed project or undertaking
will not cause a significantly negative impact on the
Philippine environment. The ECC contains specific

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measures and conditions that must be met by the

project proponent before and during the operation
of the project. In some cases, conditions are listed
to be performed during the project’s abandonment
phase to lessen identified potential environmental
impacts.

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