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Definition
of
Natural
of
Natural
Resources
Other
Cases
1.
A.
Facts:
Decision:
The votes of the Court are split where 7 voted to
dismiss the petition and 7 voted to grant. As the
votes were equally divided and the necessary
majority was not obtained, the petition was
dismissed.
I.
B.
C.
Public Land
System
Acts
and
the
Torrens
D.
II.
A.
III.
Indigenous Peoples
A.
B.
2.
Facts:
Note:
The Amended Joint Venture Agreement: The
subject matter of the Amended JVA, as stated in its
second Whereas clause, consists of three properties,
namely:
1.
"[T]hree
partially
reclaimed
and
substantially eroded islands along Emilio
Aguinaldo Boulevard in Paranaque and Las
Pinas, Metro Manila, with a combined titled
area of 1,578,441 square meters;"
2. "[A]nother area of 2,421,559 square
meters contiguous to the three islands;" and
3. "[A]t AMARI's option as approved by PEA,
an additional 350 hectares more or less to
regularize the configuration of the reclaimed
area."
PEA confirms that the Amended JVA involves "the
development of the Freedom Islands and further
reclamation of about 250 hectares x x x," plus an
option "granted to AMARI to subsequently reclaim
another 350 hectares x x x."
In short, the Amended JVA covers a reclamation area
of 750 hectares. Only 157.84 hectares of the
750-hectare reclamation project have been
reclaimed, and the rest of the 592.15 hectares
are still submerged areas forming part of
Manila Bay.
Indisputably, under the Amended JVA, AMARI
will acquire and own a maximum of 367.5
hectares of reclaimed land which will be titled
in its name.
Issue:
Whether the stipulations in the Amended Joint
Venture Agreement or the transfer to AMARI of
certain lands reclaimed and still to be reclaimed
violate the 1987 Constitution.
Decision:
The SC summarized the conclusions as follows:
3.
Facts:
termination on a schedule to be
agreed upon by both parties.
To summarize, the SMDRP shall consist of
Phase I and Phase II.
o
Phase I of the project involves
clearing, levelling-off the dumpsite,
and construction of temporary
housing units for the current
residents on the cleared and
levelled site.
o
Phase II involves the construction
of a fenced incineration area for
the on-site disposal of the garbage
at the dumpsite.
Due to the recommendations done by the
DENR after evaluations done, the JVA was
amended and restated (now ARJVA) to
accommodate the design changes and
additional work to be done to successfully
implement the project.
o
The
original
3,500
units
of
temporary housing were decreased
to 2,992. The reclaimed land as
enabling component was increased
from 40 hectares to 79 hectares,
which was supported by the
issuance of Proclamation No. 465
by President Ramos. The revision
also provided for the 119-hectare
land as an enabling component for
Phase II of the project.
Subsequently, the Clean Air Act was passed
by the legislature which made the
establishment of an incinerator illegal,
making the off-site dumpsite at Smokey
Mountain necessary.
On August 1, 1998, the project was
suspended, to be later reconstituted by
President Estrada in MO No. 33.
On August 27, 2003, the NHA and RBI
executed a Memorandum of Agreement
whereby both parties agreed to terminate
the JVA and subsequent agreements.
o
During this time, NHA reported that
34 temporary housing structures
and
21
permanent
housing
structures had been turned over by
RBI.
Issues:
1. Whether respondents NHA and RBI have
been granted the power and authority to
reclaim lands of the public domain as this
power is vested exclusively in PEA as
claimed by petitioner
2. Whether respondents NHA and RBI were
given the power and authority by DENR to
reclaim foreshore and submerged lands
3.
4.
5.
6.
7.
8.
9.
7.
8.
9.
4.
Republic
of
the
Philippines
Celestina Naguiat (2006)
Decision:
1.
2.
3.
4.
5.
Facts:
vs.
Issue:
Sustainable Development
Sustainable Development is development that meets
the needs of the present without compromising the
ability of future generations to meet their own needs
(Brundtland Report). It is a pattern of resource use
that aims to meet human needs while preserving
the environment so that these needs can be met not
only in the present, but also for generations to come.
It contains within it two key concepts:
Seven
Dimensions
of
Sustainable
Development : From the Philippine Agenda 21
From
the
Philippine
perspective
sustainable
development
is
a
multidimensional
concept,
involving no less than seven dimensions. Sustainable
development is viewed as the mutually beneficial
interaction between the legitimate interests of
business and the economy, government and the
polity, and civil society and culture.
From this perspective, five dimensions of sustainable
development are clearly visible. These arethe
human being, culture, polity, economy, and Nature.
AGENDA 21
Commission [formally the World Commission
on Environment and Development (WCED)]:
It was known by the name of its Chair Gro Harlem
Brundtland (former Norwegian Prime Minister), and
was convened by the United Nations in 1983. The
commission was created to address growing concern
"about the accelerating deterioration of the human
environment and natural
resources
and
the
consequences
of
that
deterioration
for economic and social
development."
In
establishing the commission, the UN General
Assembly recognized that environmental problems
were global in nature and determined that it was in
the common interest of all nations to establish
policies for sustainable development.
of
the
Department
of
of
(d) Secretary
Education;
of
of
the
Department
of
(f)
Recommend
key
development
investments in climate- sensitive sectors
such as water resources, agriculture,
forestry, coastal and marine resources,
health, and infrastructure to ensure the
achievement
of
national
sustainable
development goals;
(g) Create an enabling environment for the
design of relevant and appropriate risksharing and risk-transfer instruments;
(h) Create an enabling environment that
shall promote broader multi-stakeholder
participation and integrate climate change
mitigation and adaptation;
(i) Formulate strategies on mitigating GHG
and other anthropogenic causes of climate
change;
(j) Coordinate and establish a close
partnership with the National Disaster
Coordinating Council in order to increase
efficiency and effectiveness in reducing the
peoples vulnerability to climate-related
disasters;
(k) In coordination with the Department of
Foreign Affairs, represent the Philippines in
the climate change negotiations;
(l) Formulate and update guidelines for
determining vulnerability to climate change
impacts and adaptation assessments and
facilitate
the
provision
of
technical
assistance for their implementation and
monitoring;
(m) Coordinate with local government units
(LGUs) and private entities to address
vulnerability to climate change impacts of
regions, provinces, cities and municipalities;
(n) Facilitate capacity building for local
adaptation planning, implementation and
monitoring of climate change initiatives in
vulnerable communities and areas;
(o) Promote and provide technical and
financial support to local research and
development programs and projects in
vulnerable communities and areas; and
(p)
Oversee
the
dissemination
of
information on climate change, local
vulnerabilities and risks, relevant laws and
protocols and adaptation and mitigation
measures.
Section 10. Panel of Technical Experts. The
Commission shall constitute a national panel of
technical experts consisting of practitioners in
with
international
development
and
and
Composition
of
the
implement
their
sustainable
integrated
area
development plans or Local Agenda 21 with the
assistance of concerned government agencies;
WHEREAS, in light of changing circumstances and,
emerging issues on sustainable development locally
and globally there is an urgent need to pursue new
interventions through a more responsive PCSD
structure;
WHEREAS, for the PCSD to be more effective and
responsive in ensuring the realization of the
governments sustainable development goals, there
is a need to streamline and define its core functions
and membership, keeping in mind the various
agencies in government whose functions are integral
components of the overall government sustainable
development operational thrusts;
WHEREAS, there is a need for PCSD to focus on
strategic interventions that have significant and
catalytic impact on sustainable development;
WHEREAS, it is necessary to further strengthen the
PCSD as the lead instrumentality responsible for
mainstreaming sustainable development in national
government and affiliated agencies, Congress, LGUs,
as well as existing multi-stakeholder governance
mechanisms.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO,
President of the Philippines, by virtue of the powers
vested in me by law, do hereby order:
Section 1. Further Strengthening the PCSD. The
Philippine Council for Sustainable Development,
hereinafter referred to as the Council, is hereby
further strengthened, structurally and functionally, in
accordance with the provisions of this Executive
Order.
Sec. 2. Composition of the Council.
1. The core members from government shall be
composed
of
Secretaries
of
the
following
Departments as permanent principal members, with
an Undersecretary as alternate:
a. National Economic and Development Authority;
b. Department
Resources;
of
Environment
and
Natural
Cases
Republic of the Philippines vs. The City of
Davao
Republic vs. Alvarez, in his capacity as Sec. of
DENR
II.
metal
petro-chemical
quarrying
1.
Logging
2.
Major wood processing projects
3.
Introduction
of
fauna
(exoticanimals) in
c.
III.
B.
public/private forests
4.
Forest occupancy
5.
Extraction of mangrove products
6.
Grazing
Fishery Projects
1.
Dikes for/and fishpond development
projects
Infrastructure Projects
a.
Major dams
b.
Major power plants (fossil-fueled,
nuclear fueled,
hydroelectric or geothermal)
c.
Major reclamation projects
d.
Major roads and bridges
aqua-culture
structures
demolished/dismantled."
should
not
be
LLDA
PRESIDENTIAL
DECREE
No.
1586:
ESTABLISHING AN ENVIRONMENTAL IMPACT
STATEMENT
SYSTEM,
INCLUDING
OTHER
ENVIRONMENTAL
MANAGEMENT
RELATED
MEASURES AND FOR OTHER PURPOSES
and
their
Basic
Policy
and
Operating
appropriate
environmental
enhancement measures.
protection
and
Order,
the
following
Likelihood,
duration,
frequency,
and
reversibility of the impact
The
following
are
the
categories
projects/undertakings under the EIS system:
of
Section
5.
Requirements
for
Securing
Environmental Compliance Certificate (ECC)
and Certificate of Non-Coverage (CNC)
5.1 Documentary Requirements for Proponents ECC
processing requirements shall focus on information
needed to assess critical
environmental impacts of projects. Processing
requirements shall be customized based on the
project categories.
The total maximum processing time reckons from the
acceptance of the ECC/CNC application for
substantive review up to the issuance of the decision
5.2 Forms and Contents of EIA Study Reports
and Other Documents Required Under the EIS
System
The following are the different forms of EIA study
reports and documents required under the EIS
System. DENR employees are prohibited from taking
part in the preparation of such documents.
The DENR/EMB shall limit to a maximum of two (2)
official requests (in writing) to the project proponent
for additional information, which shall be made
within the first 75% of the processing timeframe
shown in Section 5.1.1.
5.2.1. Environmental Impact Statement (EIS).
The EIS should contain at least the following:
a. EIS Executive Summary;
b. Project Description;
c. Matrix of the scoping agreement identifying critical
issues and concerns, as validated by EMB;
d. Baseline environmental conditions focusing on the
sectors (and resources) most significantly affected by
the proposed action;
e. Impact assessment focused on significant
environmental impacts (in relation to project
construction/commissioning,
operation
and
decommissioning), taking into account cumulative
impacts;
f. Environmental Risk Assessment if determined by
EMB as necessary during scoping;
g. Environmental Management Program/Plan;
h. Supporting documents; including technical/socioeconomic data used/generated; certificate of zoning
viability and municipal land use plan; and proof of
consultation with stakeholders;
i. Proposals for Environmental Monitoring and
Guarantee Funds including justification of amount,
when required;
j. Accountability statement of EIA consultants and the
project proponent; and
k. Other clearances and documents that may be
determined and agreed upon during scoping.
5.2.2. Initial Environmental Examination (IEE)
Report
IEE Report is similar to an EIS, but with reduced
details of data and depth of assessment and
discussion. It may be customized for different types
of projects under Category B. The EMB shall
coordinate with relevant government agencies and
the private sector to customize and update IEE
Environmental
Impact
Environmental
Management Plan
Environmental
Impact
IMPLEMENTATION
OF
Section
10.
Coordination
with
other
Government Agencies and other Organizations
The DENR-EMB shall conduct regular consultations
with DTI and other pertinent government agencies,
affected industry groups and other stakeholders on
continually streamlining the processing of ECC
applications and post ECC implementation to fulfill
the policy and objectives of this administrative order.
The President shall be apprised of the issues raised
as well as the actions taken by DENR to address
these issues whenever necessary.
Section 11. Information Systems Improvement
The information system on the EIS System
implementation shall be improved for the effective
dissemination of information to the public. The
MISCELLANEOUS PROVISIONS
Section 14. Budget Allocation
For the effective implementation of this order,
adequate funding should be provided under the
annual General Appropriations Act.
Per AU 42, the new position items for the EIA Division
shall be created out of the existing budget and
vacant position items within the government service,
which shall be reclassified accordingly.
Section 15. Fees
All proponents, upon submission of the IEEIEIS and
application for amendment, shall pay filing fees and
other charges in accordance with prescribed
standard costs and fees set by EMB in relation to the
implementation of the Philippine EIS System, as
shown in Annex 2.
The proponent shall shoulder the cost of reviewing
the EIS.
Section 16. Fines, Penalties And Sanctions
The EMB Central Office or Regional Office Directors
shall impose penalties upon persons or entities found
violating provisions of P.D. 1586, and its
Implementing Rules and Regulations. Details of the
Fines and Penalty Structure shall be covered by a
separate order.
The EMB Director or the EMB-RD may issue a Cease
and Desist Order (CDO) based on violations under
the Philippine EIS System to prevent grave or
irreparable damage to the environment. Such CDO
shall be effective immediately. An appeal or any
motion seeking to lift the CDO shall not stay its
effectivity. However, the DENR shall act on such
appeal or motion within ten (10) working days from
filing.
The EMB may publish the identities of firms that are
in violation of the EIA Law and its Implementing
Rules and Regulations despite repeated Notices of
Violation and/or Cease and Desist Orders.
Section 17. Transitory Provisions
The DENR may extend reprieve to proponents of
projects operating without ECC (Categories A-3 and
B-3) from penalties specified in PD 1586 upon
registration with the EMB Central Office. An
Environmental Performance Report and Management
Plan (EPRMP) shall be submitted as a requirement for
such ECC application within six months from the
signing of this Administrative order.
During the period that that the Procedural Manual
and other necessary guidelines are being prepared,
existing guidelines which are consistent with the
provisions of this Order shall remain in effect.
Adequate resources shall be provided for the
formulation of the Procedural Manual and for the
effective implementation of this Order.
Section 18. Repealing Clause
This
Order
hereby
supersedes
Department
Administrative Order No. 96-37, Department
Administrative Order No. 2000-37, DAO 2000-05 and
other related orders, which are inconsistent herewith.
Sec. 11. Recognition of Ancestral Domain Rights.The rights of ICCs/IPs to their ancestral domains by
virtue of Native Title shall be recognized and
respected. Formal recognition, when solicited by
ICCs/IPs concerned, shall be embodied in a
Certificate of Ancestral Domain Title (CADT), which
shall recognize the title of the concerned ICCs/IPs
over the territories identified and delineated.
Sec. 35. Access to Biological and Genetic Resources.Access to biological and genetic resources and to
indigenous knowledge related to the conservation,
utilization and enhancement of these resources, shall
be allowed within ancestral lands and domains of the
ICCs/IPs only with a free and prior informed consent
of such communities, obtained in accordance with
customary laws of the concerned community.
Sec. 36. Sustainable Agro-Technical Development. The State shall recognize the right of ICCs/IPs to a
sustainable agro-technological development and
shall formulate and implement programs of action for
its effective implementation. The State shall likewise
promote the bio-genetic and resource management
systems among the ICCs/IPs and shall encourage
cooperation among government agencies to ensure
the successful sustainable development of ICCs/IPs.
Sec. 37. Funds for Archeological and Historical Sites.
- The ICCs/IPs shall have the right to receive from the
national government all funds especially earmarked
or allocated for the management and preservation of
their archeological and historical sites and artifacts
with the financial and technical support of the
national government agencies.
CHAPTER VII
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
(NCIP)
Sec. 38. National Commission on Indigenous Cultural
Communities /Indigenous Peoples (NCCP).- to carry
out the policies herein set forth, there shall be
created the National Commission on ICCs/IPs (NCIP),
which shall be the primary government agency
responsible for the formulation and implementation
of policies, plans and programs to promote and
protect the rights and well-being of the ICCs/IPs and
the recognition of their ancestral domains as well as
their rights thereto.
Sec. 39. Mandate.- The NCIP shall protect and
promote the interest and well-being of the ICCs/IPs
with due regard to their beliefs, customs, traditions
and institutions.
Sec. 40. Composition.- The NCIP shall be an
independent agency under the Office of the President
and shall be composed of seven (7) Commissioners
belonging to ICCs/IPs, one (1) of whom shall be the
Chairperson. The Commissioners shall be appointed
by the President of the Philippines from a list of
recommendees submitted by authentic ICCs/IPs:
Provided, That the seven (7) Commissioners shall be
appointed specifically from each of the following
ethnographic areas: Region I and the Cordilleras;
Region II; the rest of Luzon; Island Groups including
Mindoro, Palawan, Romblon, Panay and the rest of
the Visayas; Northern and Western Mindanao;
Southern and Eastern Mindanao; and Central
Mindanao: Provided, That at least two (2) of the
seven (7) Commissioners shall be women.
Sec. 41. Qualifications, Tenure, Compensation.- The
Chairperson and the six (6) Commissioners must be
instrumentality
thereof.
CHAPTER XI
PENALTIES
Sec.
72. Punishable
Acts
and
Applicable
Penalties.- Any person who commits violation of any
of the provisions of this Act, such as, but not limited
to, authorized and/or unlawful intrusion upon any
ancestral lands or domains as stated in Sec. 10,
Chapter III, or shall commit any of the prohibited acts
mentioned in Sections 21 and 24, Chapter V, Section
33, Chapter VI hereof, shall be punished in
accordance with the customary laws of the ICCs/IPs
concerned: Provided, That no such penalty shall be
cruel, degrading or inhuman punishment: Provided,
further, That neither shall the death penalty or
excessive fines be imposed. This provision shall be
without prejudice to the right of any ICCs/IPs to avail
of the protection of existing laws. In which case, any
person who violates any provision of this Act shall,
upon conviction, be punished by imprisonment of not
less than nine (9) months but not more than twelve
(12) years or a fine not less than One hundred
thousand pesos (P100,000) nor more than Five
hundred thousand pesos (P500,000) or both such
fine and imprisonment upon the discretion of the
court. In addition, he shall be obliged to pay to the
ICCs/IPs concerned whatever damage may have
been suffered by the latter as a consequence of the
unlawful act.
Sec. 73. Persons Subject to Punishment.- If the
offender is a juridical person, all officers such as, but
not limited to, its president, manager, or head of
office responsible for their unlawful act shall be
criminally liable therefor, in addition to the
cancellation of certificates of their registration and/or
license: Provided, That if the offender is a public
official, the penalty shall include perpetual
disqualification to hold public office.
CHAPTER XII
MERGER OF THE OFFICE FOR NORTHERN CULTURAL
COMMUNITIES (ONCC) AND THE OFFICE FOR
SOUTHERN CULTURAL COMMUNITIES (OSCC)
Sec. 74. Merger of ONCC/OSCC.- The Office for
Northern Cultural Communities (ONCC) and the
Office of Southern Cultural Communities (OSCC),
created under Executive Order Nos. 122-B and 122-C
respectively, are hereby merged as organic offices of
the NCIP and shall continue to function under a
revitalized and strengthened structures to achieve
the objectives of the NCIP: Provided, That the
positions of Regional Directors and below, are hereby
phased-out upon the effectivity of this Act: Provided,
further, That officials and employees of the phasedout offices who may be qualified may apply for
reappointment with the NCIP and may be given prior
rights in the filing up of the newly created positions
of NCIP, subject to the qualifications set by the
Placement Committee: Provided, furthermore, That in
the case where an indigenous person and a nonindigenous person with similar qualifications apply
for the same position, priority shall be given to the
ARTICLE
XII:
NATIONAL
PATRIMONY
ECONOMY
AND
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.
of
(t)
"Foreign-owned
corporation"
means
any
corporation, partnership, association, or cooperative
duly registered in accordance with law in which less
mineral agreements or
assistance agreement.
financial
or
technical
CHAPTER V
MINERAL AGREEMENTS
OR
TECHNICAL
ASSISTANCE
and
minimum
expenditures
SALE
AND
PROCESSING
OF
(b) Disputes
permits;
involving
mineral
agreements
or
utilization of
governmentsharing and
Sections 291
CHAPTER XV
TAXES AND FEES
Sec. 83 Income Taxes. After the lapse of the income
tax holiday as provided for in the Omnibus
Investments Code, the contractor shall be liable to
pay income tax as provided in the National Internal
Revenue Code, as amended.
Sec. 84 Excise Tax on Mineral Products. The
contractor shall be liable to pay the excise tax on
mineral products as provided for under Section 151
of the National Internal Revenue Code: Provided,
however, That with respect to a mineral production
sharing agreement, the excise tax on mineral
products shall be the government share under said
agreement.
Sec. 85 Mine Wastes and Tailings Fees. A semiannual fee to be known as mine wastes and tailings
fee is hereby imposed on all operating mining
companies in accordance with the implementing
rules and regulations. The mine wastes and tailings
fee shall accrue to a reserve fund to be used
exclusively for payment for damages to:
(a) Lives and personal safety;
(b) Lands, agricultural crops and forest products,
marine life and aquatic resources, cultural resources;
and
(c) Infrastructure and the revegetation and
rehabilitation of silted farm lands and other areas
devoted to agriculture and fishing caused by mining
pollution.
This is in addition to the suspension or closure of the
activities of the contractor at any time and the penal
sanctions imposed upon the same.
The Secretary is authorized to increase mine wastes
and tailings fees, when public interest so requires,
upon the recommendation of the Director.
Sec. 86 Occupation Fees. There shall be collected
from any holder of a mineral agreement, financial or
technical assistance agreement or exploration permit
on public or private lands, an annual occupation fee
in accordance with the following schedule;
(a) For exploration permit - Five pesos (P5.00) per
hectare or fraction thereof per annum;
(b) For mineral agreements and financial or technical
assistance agreements - Fifty pesos (P50.00) per
hectare or fraction thereof per annum; and
(c) For mineral reservation - One hundred pesos
(P100.00) per hectare or fraction thereof per annum.
The Secretary is authorized to increase the
occupation fees provided herein when the public
interest so requires, upon recommendation of the
Bureau Director.
REVOCATION,
AND
INSTITUTIONAL
of
the
formation
of
financial
director
taking
circumstances:
into
account
the
following
Sec. 17. Sale of Gold. All gold produced by smallscale miners in any mineral area 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.
The Central Bank shall establish as many buying
stations in gold-rush areas to fully service the
requirements of the small-scale minerals thereat.
Sec. 18. Custom Mills. The establishment and
operation of safe and efficient customs mills to
process minerals or ore-bearing materials shall be
limited to mineral processing zones duly designated
by the local government unit concerned upon
recommendation of the Board.
In mining areas where the private sector is unable to
establish custom mills, the Government shall
construct
such
custom
mills
upon
the
recommendation of the Board based on the viability
of the project.
The Board shall issue licenses for the operation of
custom mills and other processing plants subject to
pollution control and safety standards.
The Department shall establish assay laboratories to
cross-check the integrity of custom mills and to
render metallurgical and laboratory services to
mines.
Custom mills shall be constituted as withholding
agents for the royalties, production share or other
taxes due the Government.
Sec. 19. Government Share and Allotment. The
revenue to be derived by the Government from the
operation of the mining program herein established
shall be subject to the sharing provided in the Local
Government Code.
Sec.
26. Administrative Supervision over the
People's Small-scale Mining Program. The
Secretary through his representative shall exercise
direct supervision and control over the program and
activities of the small-scale miners within the
people's small-scale mining area.
The Secretary shall within ninety (90) days from the
effectivity of this Act promulgate rules and
regulations to effectively implement the provisions of
the same. Priority shall be given to such rules and
regulations that will ensure the least disruption in the
operations of the small-scale miners.
Sec. 27. Penal Sanctions. Violations of the
provisions of this Act or of the rules and regulations
issued pursuant hereto shall be penalized with
imprisonment of not less than six (6) months nor
more than six (6) years and shall include the
confiscation and seizure of equipment, tools and
instruments.
3.
Cases
La Bugal Blaan Tribal Association Inc., et al. V.
Victor O. Ramos, Secretary Department of
Environment and Natural Resources; Horacio
Ramos, Director, Mines and Geosciences
Bureau (MGB-DENR);
The constitutional provision allowing the President to
enter into FTAAs is an exception to the rule that
participation in the nations natural resources is
reserved exclusively to Filipinos. Provision must be
construed strictly against their enjoyment by nonFilipinos.
RA 7942 (The Philippine Mining Act) took effect on
April 9, 1995. Before the effectivity of RA 7942, or on
March 30, 1995, the President signed a Financial and
Technical Assistance Agreement (FTAA) with WMCP,
a corporation organized under Philippine laws,
covering close to 100, 000 hectares of land in South
Cotabato, Sultan Kudarat, Davao del Sur and North
Cotabato. On August 15, 1995, the Environment
Secretary Victor Ramos issued DENR Administrative
Order 95-23, which was later repealed by DENR
Administrative Order 96-40, adopted on December
20, 1996.
Petitioners prayed that RA 7942, its implementing
rules, and the FTAA between the government and
WMCP be declared unconstitutional on ground that
they allow fully foreign owned corporations like
WMCP to exploit, explore and develop Philippine
HELD:
1) RA 7942 or the Philippine Mining Act of 1995
is unconstitutional for permitting fully foreign
owned corporations to exploit Philippine natural
resources.
Article XII Section 2 of the 1987 Constitution retained
the Regalian doctrine which states that All lands of
the public domain, waters, minerals, coal, petroleum,
and other 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. The same
section
also
states
that,
exploration
and
development and utilization of natural resources
shall be under the full control and supervision of the
State.
Conspicuously absent in Section 2 is the provision in
the 1935 and 1973 Constitutions authorizing the
State to grant licenses, concessions, or leases for the
exploration, exploitation, development or utilization
of natural resources. Y such omission, the utilization
of inalienable lands of public domain through license,
2)
and
be
science
survey
shall
AND
JURISDICTION
OF
I
THE
CHAPTER
CLASSIFICATION AND SURVEY
II
which
have
already
been
III
Section
50. Logging
roads. There
shall
indiscriminate construction of logging roads.
be
and
prescribed
therein,
development program.
an
agro-forestry
E. SPECIAL USES
Section 54. Pasture in forest lands. No forest land
50% in slope or over may be utilized for pasture
purposes.
Forest lands which are being utilized for pasture shall
be maintained with sufficient grass cover to protect
soil, water and other forest resources.
If grass cover is insufficient, the same shall be
supplemented with trees or such vegetative cover as
may be deemed necessary.
The size of forest lands that may be allowed for
pasture and other special uses shall be determined
by rules and regulations, any provision of law to the
contrary notwithstanding.
G. REGULATORY FEES
Section
64. Charges,
fees
and
bonds. The
Department Head, upon recommendation of the
Director, shall fix the amount of charges, rental,
bonds and fees for the different kinds of utilization,
exploitation, occupation, possession, or activity
inside forest lands, the filing and processing of
applications therefor, the issuance and renewal of
license agreements, licenses, leases and permits,
and for other services; Provided, That all fees and
charges presently being collected under existing laws
and regulations shall continue to be imposed and
collected until otherwise provided; Provided, further,
That timber taken and removed from private lands
for commercial purposes shall be exempt from the
payment of forest charges.
Section 65. Authority of Department Head to
impose other fees. In addition to the fees and
charges imposed under existing laws, rules and
regulations, the Department Head is hereby
authorized, upon recommendation of the Director
and in consultation with representatives of the
industries affected, to impose other fees for forest
protection,
management,
reforestation,
and
development, the proceeds of which shall accrue into
a special deposit of the Bureau as its revolving fund
for the aforementioned purposes.
Section 66. Collection and Disbursement. The
collection of the charges and fees above-mentioned
shall be the responsibility of the Director or his
authorized representative. The Director shall remit
his monthly collection of fees and charges mentioned
in Section 64 to the Treasurer of the Philippines
within the first ten (10) days of the succeeding
month; Provided, That the proceeds of the collection
of the fees imposed under Section 65 and the special
deposit heretofore required of licensees shall be
constituted into a revolving fund for such purposes
and be deposited in the Philippine National Bank, as
a special deposit of the Bureau. The Budget
Commissioner and the National Treasurer shall effect
the quarterly releases out of the collection accruing
to the general fund upon request of the Director on
the basis of a consolidated annual budget of a work
program approved by the Department Head and the
President.
In the case of the special deposit revolving fund,
withdrawals therefrom shall be effected by the
Department Head on the basis of a consolidated
annual budget prepared by the Director of a work
program for the specific purposes mentioned in
Section 65.
Section
67. Basis
of
Assessment. Tree
measurement shall be the basis for assessing
IV
1.
1.
2.
3.
4.
5.
2.
3.
Community-Based
Forest
Management
(CBFM) shall be the primary strategy in all
forest conservation and development and
related activities, including joint ventures,
production sharing and co-production; it
shall be encouraged in all private sector
forestry enterprises and ventures.
2.
3.
2.4.
Incentives
for
Enhancing
Private
Investments, Economic Contribution and Global
Competitiveness of Forest-Based Industries
2.
3.
4.
Innovative
financial
systems
and
approaches, such as securitization, bonds
2.
3.
4.
5.
6.
systems
research
upgraded
and
and
and
7.
Act
for
Act
for
Section 10. Revocation of Registration and Permit. The Secretary may revoke any Certificate of
Registration or permit previously issued to a person
found violating the provisions of this Act, or the rules
and regulations issued pursuant thereto.
Section
11. Joint
Congressional
Oversight
Committee. - To monitor and oversee the
implementation of this Act, including the approval of
the rules and regulations issued pursuant hereto,
there is hereby created a Joint Congressional
Oversight Committee to be composed of the
Chairpersons
of the Senate Committee
on
Environment and Natural Resources and the House
Committee on Natural Resources as Chairperson and
Co-Chairperson, five (5) members of each of the
Senate and the House of Representatives who shall
be designated by the Senate President and the
Speaker of the House of Representatives as
members: Provided, That the two (2) of the five (5)
senators and two (2) of the five (5) House members
shall be nominated by the respective Minority
Leaders of the Senate and the House of
Representatives.