Professional Documents
Culture Documents
Government Lands
Government lands are lands owned by the
government which may be classified into (a) lands of public
domain, either alienable or inalienable, or (b) lands of private
domain.
2.
Public Lands
Public land is a subset of government land which
are lands intended for public use. It.
3.
4.
5.
Homestead Settlement
Homestead Settlement is a mode of disposition of
land by which a qualified beneficiary is granted with a portion
of land of public domain in exchange of cultivation efforts.
Exhaustion of Administrative Remedy
Doctrine of Exhaustion of Administrative
Remedy provides that court action will not prosper until all
the remedies have been exhausted at administrative level. It
simply deprives the plaintiff of a cause of action, which is a
ground for a motion to dismiss.
6.
Imperfect Title
Imperfect Title is a scenario in which a vested right
under a bona-fide ownership is acquired over the land in the
absence of a Torrens Title
7.
Foreshore Lands
Foreshore land is a strip of land that lies between
the high and the low watermarks that is alternately wet and
dry.
8.
Vested Right
Vested right is some right or interest in the
property which has become fixed and established and no
longer open to doubt or controversy by any parties or
regulation. This vested right over a property may not be
altered or deprived by executive fiat alone without
contravening the due process guarantees of the constitution.
9.
12. Kaingin
Kaingin is a farming method in a portion of the
forest land which is subject to slash-and-burn cultivation
having little or no provision to prevent soil erosion.
13. Forest Land
Forest Land is a type of land under the constitution
which is beyond the commerce of man and may not be
alienated or disposed. It includes public forest, permanent
forest and forest reservations.
14. Laches
Laches is based on the maxim that "equity aids the
vigilant and not those who slumber on their rights." It is a
failure or neglect for an unreasonable time to assert a right,
warranting a presumption that the party entitled thereto has
either abandoned on declined it.
15. Financial or Technical Assistance or Agreement
A Financial or Technical Assistance Agreement is
a contract involving financial or technical assistance for largescale exploration, development, and utilization of natural
resources, in which the collection of government share shall
commence after the contractor has fully recovered its preoperating expenses. In case of FTAA, any legally-organized
foreign-owned corporation is deemed a qualified person.
16. Ore Transport Permit
Ore Transport Permit is a permit specifying the
origin and quantity of non-processed mineral ores from mine
site to warehouse.
17. Exploration Permit
Exploration permit grants a qualified person the
right to conduct exploration for all minerals in specified area.
18. Filipino Owned Corporation
Filipino-Owned Corporation refers to a
corporation owned by Filipino shareholders of at least 60%
ownership.
19. Multiple Use Management
Multiple use management provides that only
utilization, exploitation, occupation or possession of natural
resources that will produce optimum benefits, with least
injury, shall be allowed.
20. Principle of Intergenerational Responsibility
Principle of Intergenerational Responsibility
provides that man bears a solemn responsibility to protect
and improve the environment for present and future
generations. Essentially, the principle means that we hold the
natural resource treasures of the earth in trust for the benefit,
enjoyment and use of the generations of humankind yet to
come.
Problems
1. Regalian Doctrine v. Doctrine of Native Titles
Regalian Doctrine is enshrined in Article XII,
Section 2 of the 1987 Constitution which provides that all
lands of public domain, including its natural resources, belong
to the state. All lands not appearing to be of public domain
presumptively belong to the state.
On the other hand, Doctrine of Native Titles
provides that that indigenous people may obtain recognition
of their right over ancestral lands and ancestral domain by
virtue of a native title.
Both provision is harmonized in the doctrine
enshrined in Cruz v. DENR, which provides that the ancestral
domains are areas owned by the indigenous people since time
immemorial, hence, these were never part of public domain.
Since these lands were never a part of public domain,
therefore, they are not covered by the Regalian Doctrine.
2.
4.
5.
6.
corporation may validly own the land since private lands are
alienable and not part of the public domain.
waters
[3]minerals
[4]coal
[5]petroleum
[6]other mineral oils
[2]
[7]all
fisheries
[9]forests or timber
[10]wildlife
[11]flora and fauna
[12]other natural resources
[8]
3.
4.
5.
6.
7.
HOMESTEAD
Citizen of the Philippines
Over 18 years of age or head of the family
Not exceeding 12 hectares
Must have cultivated and improved at least 1/5 of land
continuously since approval of the application
Resided for at least 1 year in the municipality in w/c the land
is located or in the municipality adjacent to the same
Payment of required fee
II. SALE
What are the qualification for sale of public land?
1. Citizen of the Philippines
2. Over 18 years of age or head of the family
3. Not exceeding 12 hectares
4. Mode of sale through sealed bidding
5. Paid in full or 10 annual equal installment
6. Must have cultivated and improved at least 1/5 of land
within 5 years from date of award
7. Must show actual occupancy, cultivation and improvement
of at least 1/5 of the land until the date of final payment
Requisites of a private sale
1. A Filipino citizen of legal age
2. Not the owner of a home lot in the municipality in which he
resides
3. Have established good faith
4. Have construed his home and actually resided therein
5. Lot to be purchased not more than 1,000 sqm
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III. LEASE
What are the qualification for Lease?
A. Filipino Citizen
1. Not to exceed 500 hectares
2. 1/3 of the land must be cultivated within 5 years.
B. Corporation
1. 60% Filipino-owned
2. Period of lease: not to 25 years, renewable for not more
than 25 years.
3. Not to exceed 1,000 hectares
4. 1/3 of the land must be cultivated within 5 years.
Does res judicata operates against third party with a better right?
Res judicata will not operate against a third party who
appears with a better right and title to the property. It does not
operate as a bar to the proceedings for registration instituted on
the grounds of new evidence.
Res Judicata, a brocard, is a basic principle of law which
provides that a matter judged by a competent court may not be
pursued by the same party. The requisites of Res Judicata are:
1. The former judgment must be final
2. Judgment must be on the merits of the case
3. The former decision is rendered by the court having
jurisdiction over the subject.
4. There is similar identity of parties, subject matter and
cause of action for both cases.
Who has the burden of proof to show that the land is alienable and
disposable?
The presumption that the land subject of an application
for registration is alienable and disposable rests with the
applicant.
Scenario
At the time of the issuance,
it is no longer a public
property
Rationale
The government is not the real
party-in-interest, since the
property is already PRIVATE.
Here, the court may direct the
defendant to RECONVEY the
parcel of land to the true owner.
Fraudulent title may be a root of
a valid title in the name of an
innocent buyer-for-value and in
good faith
1.
2.
II.
Classification of minerals
No.
Group
1
First Group
2
Second Group
3
Third Group
4
Fourth Group
5
Fifth Group
Mineral
Metals or metalliferous ores
Precious stones
Fuels
Saline and mineral waters
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 ones 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.
2.
3.
2 years
4 years
6 years
Not to exceed 2years
Quarry Resources
1. Quarry permit
2. Sand and gravel permit
3. Gratuitous permit
4. Guano permit
5. Gemstone gathering permit
Section 76: Entry into Private Lands and Concession Areas.
Subject to prior notification, holders of mining rights shall not
be prevented from entry into private lands and concessions
by surface owners xxx upon payment of just compensation
xxx and any damaged done shall be properly & justly
compensated.
Appeal
Panel Arbitrators
Composed of 3 members: 2 lawyers and
1 licensed mining engineer in regional office
4.
5.
6.
7.
8.
9.
10.
Court of Appeals
2.
3.
4.
LLDA v. CA
2.
3.
4.
5.
6.
7.
8.
9.
EMINENT DOMAIN
The operator may cut trees or timber within his coal contract
as may be necessary for exploration, development and
exploitation of the area
A coal operator shall also enjoy water rights necessary for the
exploration, development and exploitation of is coal contract
area, BUT water rights already granted or legally existing
SHALL NOT THEREBY BE IMPAIRED.
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;
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PD 1586:
Philippine Environmental Impact Statement System
ECA v. ECP
Deciding Authority
EMB Regional Office Director
EMB Central Office Director
DENR Secretary
Appeal
EMB Central Office Director
DENR Secretary
Office of the President
EIS v. EIA
A.
B.
b.
3.
4.
5.
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Citizen Suit
Philippine Clean Air Act of 1999 outlines the
government's measures to reduce air pollution and incorporate
environmental protection into its development plans.
Definition of terms
1.
Air pollutant any matter found in the atmosphere other than the
inert gases in their natural or normal concentrations that is
detrimental to health or environment
2.
3.
Gross violation
Will mandamus prosper to compel PUVs to used natural gas
as alternative fuel?
b.
c.
d.
Prohibition on smoking
Definition of Terms:
Beneficial use use of the environment or any element/segment
thereof conducive to public or private welfare, safety and health;
and shall include, but not limited to the use of water for domestic,
municipal, irrigation, power generation, fisheries, livestock
raising, industrial, recreational and other purpose.
Contamination means the introduction of substances not found
in the natural composition of water that make the water less
desirable or unfit for intended use.
Discharge the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a
water body or onto land from which it might flow or drain into said
water.
Effluent - means discharge from known sources which is passed
into a body of water or land, or wastewater flowing out of a
manufacturing plant, industrial plant including domestic,
commercial and recreational facilities.
Hazardous waste - means any waste or combination of wastes of
solid liquid, contained gaseous, or semi-solid form which cause, of
contribute to, an increase in mortality or an increase in serious
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,
and other factors that may otherwise cause or contribute to
adverse acute or chronic effects on the health of persons or
organism.
Pollutant - shall refer to any substance, whether solid, liquid,
gaseous or radioactive, which directly or indirectly:
a.
b.
c.
d.
Definition of terms
Collection - shall refer to the act of removing solid waste from the
source or from a communal storage point;
Composting - shall refer to the controlled decomposition of organic
matter by micro-organisms, mainly bacteria and fungi, into a humuslike product;
Ecological solid waste management - shall refer to the systematic
administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment,
and disposal of solid waste and all other waste management activities
which do not harm the environment;
Leachate - shall refer to the liquid produced when waste undergo
decomposition, and when water percolate through solid waste
undergoing decomposition. It is contaminated liquid that contains
dissolved and suspended materials;
Materials recovery facility (MRF) - includes a solid waste transfer
station or sorting station, drop-off center, a composting facility, and a
recycling facility;
Solid waste management facility - shall refer to any resource
recovery system or component thereof; any system, program, or
facility for resource conservation; any facility for the collection, source
separation, storage, transportation, transfer, processing, treatment, or
disposal of solid waste;
Municipal waste - shall refer to wastes produced from activities
within local government units which include a combination of
domestic, commercial, institutional and industrial wastes and street
litters;
Solid waste - shall refer to all discarded household, commercial waste,
non-hazardous institutional and industrial waste, street sweepings,
construction debris, agricultural waste, and other nonhazardous/non-toxic solid waste.
Solid Waste Management Procedure
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RA 7076:
Peoples Small-Scale Mining Act of 1991
What is Peoples Small-Scale Mining Act?
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,
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
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Cartagena Protocol
What is Cartagena Protocol?
The Cartagena Protocol on Biological Diversity is an
international treaty governing the movements of living modified
organisms (LMOs) from one country to another, and seeks to protect
biological diversity from the potential risks posed by genetically
modified organisms resulting from modern biotechnology.
Living Modified Organism (LMO)/ Genetically Modified
Organism (GMO) any living organism that possesses a novel
combination of genetic material obtained through the use of modern
biotechnology. Overall, the term 'living modified organisms' is
equivalent to genetically modified organism the Protocol did not
make any distinction between these terms and did not use the term
'genetically modified organism.'
Biosafety Clearing-House (BCH) an informationexchange mechanism that provides open and easy access to key
information about LMOs
Salient Feature: The parties shall ensure that the
development, handling, transport, use, transfer and release of any
living modified organisms are undertaken in a manner that prevents
or reduces the risks to biological diversity, taking also into account
risks to human health.
Basel Convention
What is Basel Convention?
The Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and Their Disposal is an
international treaty that was designed to reduce the movements of
hazardous waste between nations, and specifically to prevent transfer
of hazardous waste from developed to less developed countries
(LDCs). It does not, however, address the movement of radioactive
waste.
Hazardous wastes are substances which are either (1)
explosive, (2) flammable, (3) toxic or (4) corrosive. Those
substances/wastes that did not fall on the category is defined as or
considered to be a hazardous waste under the laws of either the
exporting country. (see RA 6969)
Atty Usec: As a general rule, no one is permitted to export
hazardous waste. Exception: exporter without treatment facility. In
other words, if an exporter already have a treatment facility, they are
no longer allowed to export hazardous waste.
There are 2 options in resolving the wastes exported from
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
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.
Rotterdam Convention
What is Rotterdam Convention?
Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade is a multilateral treaty to
promote shared responsibilities in relation to importation of
hazardous chemicals. The convention promotes open exchange of
information and calls on exporters of hazardous chemicals to use
proper labeling, include directions on safe handling, and
inform purchasers of any known restrictions or bans.
Signatory nations can decide whether to allow or ban the
importation of chemicals listed in the treaty, and exporting
countries are obliged to make sure that producers within their
jurisdiction comply.
The Convention promotes the exchange of information
on a very broad range of chemicals. Basically, the convention is
about the proper labelling of chemicals.
Montreal Protocol
What is Montreal Protocol?
The Montreal Protocol on Substances that Deplete
the Ozone Layer (a protocol to the Vienna Convention for the
Protection of the Ozone Layer) is an international treaty designed
to protect the ozone layer by phasing out the production of
numerous substances that are responsible for ozone depletion.
Due to its widespread adoption and implementation it
has been hailed as an example of exceptional international cooperation, with Kofi Annan quoted as saying that "perhaps the
single most successful international agreement to date has been
the Montreal Protocol". In comparison, effective burden sharing
and solution proposals mitigating regional conflicts of interest
have been among the success factors for the Ozone depletion
challenge, where global regulation based on the Kyoto Protocol
has failed to do so.
Chlorofluorocarbons (CFCs) ozone depleting substance
Kyoto Protocol
Stockholm Convention
What is Stockholm Convention?
Stockholm Convention on Persistent Organic Pollutants
is an international environmental treaty, signed in 2001 and effective
from May 2004, that aims to eliminate or restrict the production and
use of persistent organic pollutants (POPs).
Persistent Organic Pollutants (POPs) are chemical
substances that persist in the environment, bio-accumulate through
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.
1
2
3
4
5
Chemical Name
Aldrin
Chlordane
Dieldrin
Endrin
Heptachlor
No.
7
8
9
10
11
Hexachlorobenzene
12
Chemical Name
Mirex
Toxaphene
Polychlorinated biphenyls (PCBs)
DDT
Polychlorinated dibenzo-p-dioxins
("dioxins") and polychlorinated
dibenzofurans
Hexachlorobenzene
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