LAW ON NATURAL RESOURCES REVIEWERBlack’s Law Definition of NaturalResources
Black’s first definition in his 7
ed. is “any materialfrom nature having potential economic value orproviding for the sustenance of life, such as timber,minerals, oil, water and wildlife.” The seconddefinition is “environmental features that serve acommunity’s well-being or recreational interests,such as parks.”
(Sixth edition, 1990), defined naturalresources as “any material in its native state whichwhen extracted has economic value.” Basically itstates that for a substance or feature to be classifiedas a natural resource, it must offer potential or actualeconomic value, creating wealth.
Definition of Natural Resources : OtherWebsitesNatural resource
is any naturally occurringsubstance or feature of the environment (physical orbiological) that, while not created by human effort,can be exploited by humans to satisfy their needs orwants. Many of such resources are our life line suchas water, air and solar radiation, which are essentialelements for the existence of all the flora and fauna. Two basic conditions for a substance or feature to beclassified as a natural resource: First, the resourcemust
in the environment; that is, notsynthetically produced by human beings, such as in alaboratory or factory. Second, the resource must beable to be exploited by humans to
directly satisfy aneed or want.
Natural resources may either be:
Biotic resources which are derived frombiosphere such as the forests, marineorganism, animals, birds and their productsincluding mineral fuels come in thiscategory, or
Abiotic which includes water, air, land andelemental ores such as gold, silver, copper,iron etc.It may also be either be renewable and non-renewable resources. A renewable resource growsagain or comes back again after we use it. Forexample, sunlight, water, and trees are renewableresources. A non-renewable resource is a resourcethat does not grow or come back, or a resource thatwould take a very long time to come back. Forexample, coal is a non-renewable resource.
Regalian DoctrineArt XII, Sec. 2 of the 1987 Constitution
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 areowned by the State. With the exception of agricultural lands, all other natural resources shallnot be alienated. The exploration, development, andutilization of natural resources shall be under the fullcontrol and supervision of the State. The State maydirectly undertake such activities, or it may enterinto co-production, joint venture, or production-sharing agreements with Filipino citizens, orcorporations or associations at least sixty
of whose capital is owned by such citizens.Such agreements may be for a period not exceedingtwenty-five years, renewable for not more thantwenty-five years, and under such terms andconditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, orindustrial uses other than the development of waterpower, beneficial use may be the measure and limitof the grant. The State shall protect the nation's marine wealth inits archipelagic waters, territorial sea, and exclusiveeconomic zone, and reserve its use and enjoymentexclusively to Filipino citizens. The Congress may, by law, allow small-scaleutilization of natural resources by Filipino citizens, aswell as cooperative fish farming, with priority tosubsistence fishermen and fish- workers in rivers,lakes, bays, and lagoons. The President may enter into agreements withforeign-owned corporations involving either technicalor financial assistance for large-scale exploration,development, and utilization of minerals, petroleum,and other mineral oils according to the general termsand conditions provided by law, based on realcontributions to the economic growth and generalwelfare of the country. In such agreements, the Stateshall promote the development and use of localscientific and technical resources.
The Concept of Jure Regalia (Regalian Doctrine)
This principle means that all natural wealth -agricultural, forest or timber, and mineral lands of the public domain and all other natural resourcesbelong to the State. Thus, even if the private personowns the property where minerals are discovered,his ownership for such does not give him the right toextract or utilize said minerals without permissionfrom the state to which such minerals belong. The abovementioned provision provides that exceptfor agricultural lands for public domain which alonemay be alienated, forest or timber, and minerallands, as well as all other natural resources mustremain with the State, the exploration, developmentand utilization of which shall be subject to its fullcontrol and supervision albeit allowing it to enter intocoproduction, joint venture or production-sharingagreements, or into agreements with foreign-ownedcorporations involving technical or financialassistance for large-scale exploration, development,and utilization