NAT RES – REVIEWER

TOPICS

ART. 2 AND 12

LAND AND FORESTRY

LAND

PUBLIC LAND ACT

IPRA

CARP

LOC GOV POWERS, LAND USE

FISHIRIES

QUESTIONS AND ANSWER

1. WHAT IS THE BASIC CONSTITUTIONAL POLICY?

a. SEC. 12. – SEC. 2
2. WHAT IS THE IMPLICATION IF THE STATE OWNS ALL NATIONAL RESOURCES? HOW CAN
REGALIAN DOCTRINE BE APPLIED.
a. The person having possession of the property must acquire permit or license or
authority to use, exploit or utilized trees planted in the property.
b. Implication – all title, legal instruments, licenses emanates from the state. (Cannot be
issued by private individuals)
c. Responsibility of the state – the state has an obligation (ART. 2 Sec. 15 & 16) OF THE
CONSTITUTION) to protect national resources.
3. Suppose you planted mahogany in your land, can you cut it after 10 years?
a. NO, without securing permit (Certification) or approval from the DENR, a person cannot
cut trees even planted in his own backyard.
b. Reason? - Because the state regulates the production and cutting of the trees.

c. Supposing there was a certification, can you bring it/transport it outside?

i. No. Permit to transport is also needed, even for indigenous people, because
even if they have a CADT, they are not permitted to transport the log.
4. Modes of utilization of national resources exploration, development.
a. Small Scale utilization
b. Financial and Technical Assistance Agreements (FTAA) – Foreign Corps
c. Direct State Undertaking
d. Production Sharing – State only contribute the resource.
i. Co-production Joint Venture (w/ Corp)

STATE PRIVATE CORP

Production sharing Nat. Resource Capital, tecnology, technical
assistance
Co-production JV Nat. Res + technical
assistance
Joint Venture State and Private Corp. forms new Corporation.
FTAA Nature of Service Contract

5. MR. S is an owner of a registered chainsaw. he lent his chainsaw to MR. LE. WHO then used the
chainsaw for cutting, w/o permit, ipil and narra trees inside his private property. You are the
forester working with the DENR and received a report from a neighbor of MR. L. what must you
do under the circumstances?
 a. I will report MR. L to the DENR and execute an affidavit as a witness
b. I will apprehend and use MR. L for violating the Revised Forestry Code and Chainsaw
Act.
c. I will sue Mr. S only for violating the Chainsaw Act.
d. I will sue both Messrs, L and S for violating the Chainsaw Act.
e. I will sue both Mr. L and S. for violating the Revised Forestry Code and the Chainsaw
Act.
f. None of the above

5. a. What evidence are you going to execute?

1. Affidavit
2. Confiscate the Chainsaw and Ipil and Narra
3. Documentary evidence –
a. Pictures of ipil and narra
b. Certification from the DENR or PCSD (if in Palawan). Containing (WON there
is permit)

6. Y Corporation occupied an area which is part of the Estrella watershed in Narra with the aim of
securing from the DENR an agro-forestry farm lease agreement, the Corporation plans to establish palm
oil and rubber plantations. The land is non-alienable and disposable. If you were the DENR CENRO, what
will be your decision?

1. File a case against Y corportaion for violating the revised forestry code
2. File a criminal case against Y Corporation for unlaful occupation of forest land/
3. Deny the application of Y corporation for an Agro-forestry farm lease agreement
4. Allow the application of Y corporation for an agro-forestry farm lease agreement because this
is allowed under existing forestry laws and regulations
5. Answer 1 and 3
Basis? – Constitutional Classification of land (Art. 12), Forestry Code.

7. TRUE OF FALSE; Why?

A. Is the Local Government Code a social justice law?

a. FALSE. Primarily not a Social justice law. Under LGC, the basic policy of the law is mainly
for governance.
B. The social function of property is dependent on its nature and classification.
a. FALSE. There are laws that allows certain persons to utilize the property like IPRA LAW.
i. It can also be found under the Constitution
ii. Property bears a social function. What does it mean?
1. IPRA and CARP – Land are given to the people to utilize.
C. IPRA Is NOT a social justice law?
a. FALSE.
D. Coconut farmers who use chainsaws for the cutting of coconut trees in their own private
property need not register chainsaw since coconut trees are not premium hardwood.
a. FALSE. Even though the coconut are not premium hardwood, Philippine Coconut
Authority regulates the issuance of permit. (Orchard farmer 5 years: Other Corp. 2 years)
TREE OF LIFE (VERY GOOD ANSWER) – Francis “ty atty.”
E. A certificate of timber origin is an authority issued by the DENR to allow a person to cut and
gather acacia trees inside a forest land.
a. FALSE. Certificate of Timber Origin is for transport and not for cutting.
F. When you cut ipil trees without any permit with a registered chainsaw, you can file only one
criminal case, that is, for violation of Revised Forestry Code.
a. FALSE. Criminal action in relation to chainsaw act can also be filed.
G. Selling, purchasing and transferring of a chainsaw need not be covered by a permit under a
Chainsaw Act because only a business permit is required.
 a. FALSE. Permit to Sell, Purchase and Transfer need another permit from the DENR or PCSD.
Violation of possession of chainsaw can be filed with the owner.
i. Why the law of Chainsaw is so strict?
1. Because Ma’am I think that even if it’s just one chainsaw, it can
cut down many trees. DENR said Harlene that Chainsaw can cut
minimum of 20 per day. Thank you Harlene.
H. The issuance of a tax declaration on real property by a public officer, without certification from
the Director of Forestry, Constitute a violation of the Revised Forestry Code.
a. TRUE.
I. Survey of forest land by a government official or employee without authority, makes the survey
null and void.
a. TRUE. Who authorize the authority magna? “The DENR Maam” The DENR must authorize
a person to make the survey. Thank you Magna.

8. Mr. Jose Pares is the owner of a 30-hectare piece of titled land in Sta. Cruz which a fully covered with
mangroves. He cuts one hundred pieces of mangroves in preparation for his establishment of a
fishpond. When apprehended by the DENR for violation of PD 705, he interposed the defense that the
mangroves came from his own titled land and therefore these where his personal property. Is Mr. Pares’
defense valid? State the basis of your answer.

Answer: NO. Under the fishires code, fishpond is not allowed. Also, under the forestry code
person cannot cut mangroves

9. Noel Sescon burned trees and bushes inside his private land to pave way for the establishment of an
orchard. In the process big Narra and Ipil trees were burned. Can he be sued for illegal kaingin? What
other violations did he commit, if any?

Answer. NO. Illegal kaingin is not the proper offense to be charge. There can be no illegal
kaingin in a private land. The act made by Noel constitute Illegal Logging in private property
under P.D. 705.

10. a. Identify at least 3 clusters of rights of IP’s under IPRA?

b. Identify the different acts (at least 5) which are punishable under the Revised Forestry Code?

a. 1) Rights to Ancestral Domains and Lands

2) Rights to Self-Governance and Empowerment
3) Rights to Social Justice and Human Rights
4) Rights to Cultural Integrity

“Exactly, Francis. My favorite in this is the Social Justice and Human Rights Thank you
Francis”

b. 1. Illegal Logging
2. Destruction of Wild Life
3. Unlawful Issuance of Tax Declaration
4. Unlawful Survey of person without authority
5. Assault to an officer

11. Cite at least five (5) examples of forest use agreements or licenses which serve as authority to cut,
gather, collect, remove and possess wood, timber, lumber and other forest products.

A. Special tree cutting permit

B. FLAGT – Forest Land-Use Agreement (Tourism)
C. CBFMA – Community Based Forest Management Agreement
D. SPLTP – (Special) Private Land Timber Permit
E. Harvesting Permit
F. Chainsaw Import Authority
12. True or false:

a. The chainsaw act is implemented by the DENR in palawan?

A. FALSE. PCSD
b. When a registered chainsaw is used for illegal logging, a case for violation of chainsaw act
can be filed.
A. TRUE

c. The registration of all chainsaws is valid for five years.

A. FALSE. 2 years for Orchard.

d. Chainsaw owners who have no plans to use their chainsaws need not have their chainsaws
registered.
A. FALSE. Mere possession constitute a violation under Chainsaw Act.

e. DENR can institute administrative proceedings against involved in illegal logging activities.
A. TRUE.

13. Mr. Andrada was in possession of 20 hectares of land in Napsan since 1930. In 1940, the director of
lands sold in favor of DEF, Inc. the land occupied by Mr. Andrada on the ground that the same was
owned by the government of the US under the administration and control of the Philippines. IN the
same year, a certificate of title was issued to DEF. INC. MR. Andrada filed an action before the trial court
seeking: a) to declare himself the sole owner of the parcel of land he has occupied, b) annul the sale
made by the Director of Lands in favor of DEF, Inc. and c) order the cancellation of the certificate of title
issued to the company. Is Mr. Andrada entitled to possession of the land by virtue of his long-time
occupancy? (7 points)

5.1 Yes. Mr. Andrada is entitled to possession of the land under the Public Land Act.
5.2 No. Because Mr. Andrada did not apply from ta title over the land he occupied.
5.3. Yes, Mr. Andrada is qualified to acquire possession of the land because of his long-time
occupancy
5.4. YES. Mr. Andrada is qualifed because he is a Filipino citizen
5.5. Answer 5.1. and 5.3

14. Some one hundred fifty families of the Batak and Tagbanua Communites in Barangay San Rafael, PPC
are opposing the ongoing quarrying and gold panning activities of Z corporation inside their ancestral
domain because their consent was not secured, and such activities will destroy their farmlands and
endanger their health. Z corp. asserts that the indigenous community has no title or legal instrument at
this time and hence has no basis for asserting their ancestral domain title. Is the company Correct? (10
points).

Answer. No. Under IPRA law, although no CALT/CADT was yet release, Indigenous Community
has a better right over Z corp. and FPIC (Free Prior Informed Consent) is needed.

15. TRUE OR FALSE.

1. As of 2008, the CARP under RA 6657 has completed the distribution of lands to farmer
beneficiaries.

16. Who can tell me what are the arrays and powers of the LGC.

1. Enforcement
2. Regulation
3. Information
4. Revenue Raising
5. Policy Making
6. Zoning “Very important – Maam Anda”