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Discuss the Regalian Doctrine.

All lands of the public domain, waters, minerals, coals, petroleum and other mineral oils, all forces of
potential energy, fisheries, forests, or timber, wildlife, flora and fauna, and natural resources belong to
the State. With the exception of agricultural
lands, all other natural resources shall not be alienated.

In the desire to improve the fishing methods of the fishermen, the Bureau of Fisheries, with the approval
of the President, entered into a memorandum agreement to allow Thai fishermen to fish within 200 miles
from the Philippine sea coasts on condition that Filipino fishermen be allowed to use Thai fishing
equipment and vessels and to learn modern technology in fishing and canning.

1. Is the agreement valid?


a) Yes, because the Constitution authorizes the President to enter into such agreement
b) Yes, because this constitutes a form of technical assistance permitted by the Constitution
c) No, because aliens are absolutely prohibited from participating in the exploitation of natural resources
in the Philippines
d) No, because fishing is not one of the areas where aliens may enter into a Financial or Technical
Assistance with the state.

2. Supposed the agreement is for joint venture on the same area with Thai oil companies for the
exploitation of minerals with the Thai corporation providing technical and financial assistance?

YES, if it is large scale through Technical and financial assistance in accordance with law.

Can aliens acquire private land?

Gicharr ra ni. Ay kau tuo. As a general rule, aliens are prohibited from acquiring private lands save for the
three exceptions as follows: 1. Hereditary succession; 2. Such alien is a former natural-born Filipino citizen;
and 3. Foreign states may acquire land only for embassy and staff residential purposes.

Can reclaimed areas in Manila Bay be sold to a private Filipino Corporation?

No, reclaimed areas in Manila Bay cannot be sold to a private Filipino Corporation. Reclaimed areas in
Manila Bay are considered alienable public domain. A private Filipino corporation cannot be a grantee or
purchaser of a public land. It can only lease.

Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-interest have been
in open, continuous, exclusive and notorious possession of the lot since 1940, in the concept of owner. In
1988, Althea became a naturalized Australian citizen. Is she qualified to apply for registration of the lot in
her name?
a) Yes, provided she acquires back her Filipino citizenship.
b) No, except when it can be proved that Australia has a counterpart domestic law that also favors
former Filipino citizens residing there.
c) Yes, the lot is already private in character and as a former natural-born Filipino, she can buy the lot
and apply for its registration in her name. (subject to limitations – 3 has. rural, 5000 urban)
d) No, foreigners are not allowed to own lands in the Philippines.
A land was sold to Lee, a Chinese. He left it to his heirs who have become Filipinos. Can the government
recover?
No! since the land are now in the possession and ownership of the Filipinos, the defect has been cured.

A, an Austrian, lived with Descalar, a Filipina. Out of his own funds, he purchased a piece of land but had
it registered in the name of Descalar, her live-in partner. Later, they had a falling out, and A sold his
interest over the land to X, a Filipino citizen. Is the sale between A and X valid?

a) No, because A, being an alien cannot have any right over a piece of land
b) No, only Descalar, the registered owner can validly dispose of the property
c) Yes, because X, the buyer, being a Filipino citizen, the constitutional provision on ownership of lands
by aliens is not violated .
d) Yes, because aliens are not prohibited from acquiring private lands in the Philippines

A is a member of the Manobo tribe. Since 1920, he and his predecessors-in-interest have occupied an
alienable public agricultural land. Since A was unschooled, he never bothered to obtain title in his name.
In 2000, X Timber Corp., a corporation 60% of whose shares of stocks are owned by Filipino citizens,
bought the land from A. Can X Timber register the land in its name?
a) No, because X Timber is not a Filipino corporation and it cannot acquire lands of the public domain
b) No, because X Timber is not A Filipino corporation and it cannot acquire private lands
c) Yes, because X Timber is a Filipino corporation and it can acquire lands of the public domain
d) Yes, because Timber is a Filipino corporation and it can acquire private lands

What is environmental justice?


---I dunno. If you know the answer please inform me. Ha.

Discuss the Precautionary Principle.

Precautionary principle states that when human activities may lead to threats of serious and irreversible
damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or
diminish that threat.

Mon and Pot were found by the Barangay Tanods in possession of and transporting three pieces of
mahogany lumber. When asked for the for the necessary permit form DENR, Mon and Pot were not able
to give one.
Based on the facts, are Mon and Pot criminally liable for violating the Revised Forestry Code.
Yes??? Section 68 of RFC.

TRUE or FALSE.
Strategic lawsuit against public participation (SLAPP) refers to an action whether civil, criminal or
administrative, brought against any person, institution or any government agency or local government
unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal
recourse that such person, institution or government agency has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of environmental rights. TRUE.

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