Professional Documents
Culture Documents
Regalian Doctrine
Art 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
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.
II.
A. Indigenous Peoples
III. THE
Indigenous Cultural Communities or Indigenous Peoples
(ICCs/ IPs) refer to a group of people who have
continuously lived as an organized community on
communally bounded and defined territory. These
groups of peoples have actually occupied, possessed and
utilized their territories under claim of ownership since
time immemorial.
Their unit of government is the barangay. In a baranganic
society, the chiefs administered the lands in the name of
the barangay, there was no private property in land.
When Islam was introduced in the country in the
archipelago of Maguindanao, the Sultanate of Sulu
claimed jurisdiction over territorial areas.
When Spaniards settled in the Philippines, Spanish
missionaries were ordered to establish pueblos where
church would be constructed. All the new Christian
converts were required to construct their house around
the church. All lands lost by the old barangays in the
process of pueblo organization and all lands not assigned
to the pueblos were declared to be lands of the Crown.,
DO
NOT
Justice Kapunan
Regalian theory doesnt negate the native title to lands held
in private ownership since time immemorial, adverting to
the landmark case of CARINO V. LOCAL GOVERNMENT, where
the US SC through Holmes held: xxx the land has been held
by individuals under a claim of private ownership, it will be
presumed to have been held in the same way from before
the Spanish conquest, and never to have been public land.
Existence of native titie to land, or ownership of land by
Filipinos by virtue of possession under a claim of ownership
since time immemorial and independent of any grant from
the Spanish crown as an exception to the theory of jure
regalia
Two subsequent motions for reconsideration was filed and were denied.
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
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:
1. The 157.84 hectares of reclaimed lands
comprising the Freedom Islands, now covered by
certificates of title in the name of PEA, are alienable
lands of the public domain. PEA may lease these
lands to private corporations but may not sell or
transfer ownership of these lands to private
corporations. PEA may only sell these lands to
Philippine citizens, subject to the ownership
3.
Facts:
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.
8.
9.
4.
Decision:
1.
2.
3.
4.
5.
6.
Facts:
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:
and not under the Bill of Rights, it does not follow that it is
less important than any of the civil and political rights
enumerated in the latter. As a matter of fact, these basic
rights need not even be written in the Constitution for they
are assumed to exist from the inception of humankind. The
right to a balanced and healthful ecology carries with it the
correlative duty to refrain from impairing the environment.
AGENDA 21
Commission
[formally
the World
Commission
Environment and Development (WCED)]:
on
(w)
Representative
organizations.
from
nongovernmental
vulnerability
and
adaptation
No.
15;
Cases
Alvarez filed an application for a Certificate of NonCoverage for its proposed project, the Davao Artica
Sports Dome, with the Environmental Management
Bureau (EMB), Region 11. The EMB Region 11 denied
the application on ground that the proposed project
was within an environmentally critical area, and
ruled that under the Environmental Impact
Statement System, the City of Davao must undergo
the environmental impact assessment (EIA) process
to secure an Environmental Compliance Certificate
(ECC), before it can proceed with the construction of
its project
Believing that it was entitled to a Certificate of NonCoverage, respondent filed a petition for mandamus
with the RTC of Davao alleging that the proposed
project was neither an environmentally critical
project nor within an environmentally critical area,
thus it was outside the scope of the EIS system.
The RTC granted the writ of mandamus and directed
EMB to issue a Certificate of Non-Coverage. It ruled
that there is nothing in the EIA System guidelines
which requires LGUs to comply with the EIS law, as
only agencies and instrumentalities are mandated to
go through the EIA process for their proposed
projects which have significant effect on the quality
of the environment. A local government unit, not
I.
Heavy Industries
a.
Non-ferrous metal industries
b.
Iron and steel mills
c.
Petroleum and petro-chemical
including
oil and gas
d.
Smelting plants
II.
industries
c.
Logging
Major wood processing projects
Introduction of fauna (exotic-animals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
Fishery Projects
1. Dikes for/and fishpond development
projects
III.
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
B.
7.
Areas with critical slopes;
8.
Areas classified as prime agricultural lands;
9.
Recharged areas of aquifers;
10. Water bodies characterized by one or any
combination of the following conditions;
a.
tapped for domestic purposes
b.
within the controlled and/or protected
areas declared by appropriate authorities
c.
which support wildlife and fishery
activities
11. Mangrove areas characterized by one or any
combination of the following conditions:
a.
with primary pristine and dense young
growth;
b.
adjoining mouth of major river systems;
c.
near or adjacent to traditional productive
fry or fishing grounds;
d.
which act as natural buffers against shore
erosion, strong winds and storm floods;
e.
on which people are dependent for their
livelihood.
12. Coral reefs, characterized by one or any combinations
of the following conditions:
a.
with 50% and above live
coralline cover;
b.
spawning and nursery grounds
for fish;
c.
which act as natural breakwater of
coastlines.
Environmentally Non-Critical Projects. All other projects,
undertakings and areas not declared by the President as
environmentally critical shall be considered as non-critical
and shall not be required to submit an environmental impact
statement. The National Environmental Protection Council,
thru the Ministry of Human Settlements may however
require non-critical projects and undertakings to provide
additional environmental safeguards as it may deem
necessary.
The Artica Sports Dome in Langub does not come close
to any of the projects or areas enumerated above. Neither is
it analogous to any of them. It is clear, therefore, that the
said project is not classified as environmentally critical, or
within an environmentally critical area. Consequently, the
DENR has no choice but to issue the Certificate of NonCoverage. It becomes its ministerial duty, the performance of
which can be compelled by writ of mandamus, such as that
issued by the trial court in the case at bar.
LLDA
PROCESSING
AND
APPROVAL
case, the applicant shall always have the option of raising his
bid to equal that of the highest bidder, and in this case the
land shall be awarded to him. No bid received at such public
auction shall be finally accepted until the bidder shall have
deposited ten per centum of his bid, as required in Section
twenty-five of this Act. In case none of the tracts of land that
are offered for sale or the purchase of which has been
applied for, has an area in excess of twenty-four hectares, the
Director of Lands may delegate to the District Land Officer
concerned the power of receiving bids, holding the auction,
and proceeding in accordance with the provisions of this Act,
but the District Land Officer shall submit his recommendation
to the Director of Lands, for the final decision of the latter in
the case.
The District Land Officer shall accept and process any
application for the purchase of public lands not exceeding
five hectares subject to the approval of the Director of Lands
within sixty days after receipt of the recommendation of said
District Land Officer.
Sec. 27. The purchase price shall be paid as follows: The
balance of the purchase price after deducting the amount
paid at the time of submitting the bid, may be paid in full
upon the making of the award, or in not more than ten equal
annual installments from the date of the award.
Sec. 28. The purchaser shall have not less than one-fifth of
the land broken and cultivated within five years after the date
of the award; and before any patent is issued, the purchaser
must show of occupancy, cultivation, and improvement of at
least one-fifth of the land applied for until the date on which
final payment is made: Provided, however, That in case land
purchased is to be devoted to pasture, it shall be sufficient
compliance with this condition if the purchaser shall graze on
the land as many heads of his cattle as will occupy at least
one-half of the entire area at the rate of one head per
hectare.
Sec. 29. After title has been granted, the purchaser may not,
within a period of ten years from such cultivation or grant,
convey or encumber or dispose said lands or rights thereon to
any person, corporation or association, without prejudice to
any right or interest of the Government in the land: Provided,
That any sale and encumbrance made in violation of the
provisions of this section, shall be null and void and shall
produce the effect of annulling the acquisition and reverting
the property and all rights thereto to the State, and all
payments on the purchase price theretofore made to the
Government shall be forfeited.
Sec. 30. If at any time after the date of the award and before
the issuance of patent, it is proved to the satisfaction of the
Director of Lands, after due notice to the purchaser, that the
purchaser has voluntarily abandoned the land for more than
one year at any one time, or has otherwise failed to comply
with the requirements of the law, then the land shall revert
to the State, and all prior payments made by the purchaser
and all improvements existing on the land shall be forfeited.
Sec. 31. No person, corporation, association, or partnership
shall be permitted, after the approval of this Act, to acquire
the title to or possess as owner any lands of the public
domain if such lands, added to other lands belonging to such
date of the approval of the lease, if the term of the same shall
be in excess of ten years. In case the lessee is not agreeable
to the reappraisal and prefers to give up his contract of lease,
he shall notify the Director of Lands of his desire within the
six months next preceding the date on which the reappraisal
takes effect, and in case his request is approved, the Director
of Lands may, if the lessee should so desire, proceed in
accordance with section one hundred of this Act.
Sec. 38. Leases shall run for a period of not more than
twenty-five years, but may be renewed once for another
period of not to exceed twenty-five years, in case the lessee
shall have made important improvements which, in the
discretion of the Secretary of Agriculture and Commerce
justify a renewal. Upon the final expiration of the lease, all
buildings and other permanent improvements made by the
lessee, his heirs, executors, administrators, successors, or
assigns shall become the property of the Government, and
the land together with the said improvements shall be
disposed of in accordance with the provisions of chapter five
of this Act.
Sec. 39. It shall be an inherent and essential condition of the
lease that the lessee shall have not less than one-third of the
land broken and cultivated within five years after the date of
the approval of the lease: Provided, however, That in case the
land leased is to be devoted to pasture, it shall be sufficient
compliance with this condition if the lessee shall graze on the
land as many heads of cattle as will occupy at least one-half
of the entire area at the rate of one head per hectare.
Sec. 40. The lessee shall not assign, encumber, or sublet his
rights without the consent of the Secretary of Agriculture and
Commerce, and the violation of this condition shall avoid the
contract: Provided, That assignment, encumbrance, or
subletting for purposes of speculation shall not be permitted
in any case: Provided, further, That nothing contained in this
section shall be understood or construed to permit the
assignment, encumbrance, or subletting of lands leased
under this Act, or under any previous Act, to persons,
corporations, or associations which under this Act, are not
authorized to lease public lands.
Sec. 41. The lease of any lands under this chapter shall not
confer the right to remove or dispose of any valuable timber
except as provided in the regulations of the Bureau of
Forestry for cutting timber upon such lands. Nor shall such
lease confer the right to remove or dispose of stone, oil, coal,
salts. or other minerals, or medicinal mineral waters existing
upon the same. The lease as to the part of the land which
shall be mineral may be canceled by the Secretary of
Agriculture and Commerce, after notice to the lessee,
whenever the said part of the land is more valuable for
agricultural purposes.
The commission of waste or violation of the forestry
regulations by the lessee shall work a forfeiture of his last
payment of rent and render him liable to immediate
dispossession and suit for damage.
Sec. 42. After having paid rent for at least the first two years
of the lease, and having complied with the requirements
prescribed in section thirty nine, the lessee of agricultural
public land with an area than the maximum allowed by law,
Sec. 92. Although the maximum area of public land that may
be acquired is fixed, yet the spirit of this Act is that the rule
which must determine the real area to be granted is the
beneficial use of the land. The concession or disposition shall
be for less than the maximum area authorized if, at the time
of the issuance of the patent or of the concession or
disposition, it shall appear that the applicant is utilizing and is
only able to utilize a smaller area, even though the
application is for a greater area. For the purposes of this
section, the Director of Lands is authorized to determine the
area that may be granted to the applicant, and to deny or
cancel or limit any application for concession, purchase, or
lease if convinced of the lack of means of the applicant for
using the land for the purpose for which he has requested it.
Sec. 93. Lands applied for under this Act shall conform to the
legal subdivisions and shall be contiguous if comprising more
than one subdivision. If subdivisions have not been made on
the date of the application, the lands shall be rectangular in
form so far as practicable, but it shall be endeavored to make
them conform to the legal subdivision as soon as the same
has been made, provided the interests of the applicant or
grantee are protected; and the subdivision assigned to the
applicant or grantee shall, so far as practicable, include the
land improved or cultivated. The regulations to be issued for
the execution of the provisions of this section shall take into
account the legal subdivision to be made by the Government
and the inadvisability of granting the best land at a given
place to only one person.
Sec. 94. In case the legal subdivisions have already been
made at the time of the filing of the application, no charge
shall be made for the survey; but if the legal subdivisions
have not yet been made, the cost of the survey shall be
charged to the Government, except in the following cases:
(a) In purchases under chapters five and ten of this Act, the
cost of the survey shall be charged to the purchaser if the
same is a corporation, association, or partnership; in other
purchases the purchases, whoever it be, shall pay the total
cost of the survey.
(b) In leases, the cost of the survey shall be paid by the
lessee; but at any time after the first five years from the
approval of the lease, and during Cost of the life of the same,
the lessee shall be entitled to the reimbursement of one-half
of the cost of the survey, if he shows to the satisfaction of the
Director of Lands that he has occupied and improved a
sufficient area of the land or incurred sufficient expenses in
connection therewith to warrant such reimbursement.
Section95. If before the delimitation and survey of a tract of
public land the President shall declare the same disposable or
alienable and such land shall be actually occupied by a person
other than the applicant, the Director of Lands shall inform
the occupant of his prior right to apply for the land and shall
give him one hundred and twenty days time in which to file
the application or apply for the concession by any of the
forms of disposition authorized by this Act, if such occupant is
qualified to acquire a concession under this Act.
Sec. 96. As soon as any land of the public domain has been
surveyed, delimited, and classified, the President may, in the
order issued by him declaring it open for disposition,
one year after cultivation has begun, shall lose all to the part
of the land so cultivated and improved, unless he shall bring
action in the proper court before such action for recovery
prescribes and obtains favorable judgment therein, in which
case the court shall, upon its decision becoming final, order
the payment to the grantee, within a reasonable period, of
the indemnity fixed by said court for the cultivation and
improvement.
Sec. 105. If at any time the applicant or grantee shall die
before the issuance of the patent or the final grant of the
land, or during the life of the lease, or while the applicant or
grantee still has obligations pending towards the
Government, in accordance with this Act, he shall be
succeeded in his rights and obligations with respect to the
land applied for or granted or leased under this Act by his
heirs in law, who shall be entitled to have issued to them the
patent or final concession if they show that they have
complied with the requirements therefor, and who shall be
subrogated in all his rights and obligations for the purposes of
this Act.
Sec. 106. If at any time after the approval of the application
and before the issuance of a patent or the final concession of
the land, or during the life of the lease, or at any time when
the applicant or grantee still has obligations pending with the
Government, in accordance with this Act, it appears that the
land applied for is necessary, in the public interest, for the
protection of any source of water or for any work for the
public benefit that the Government wishes to undertake, the
Secretary of Agriculture and Commerce may order the
cancellation of the application or the non issuance of the
patent or concession or the exclusion from the land applied
for of such portion as may be required, upon payment of the
value of the improvements, if any.
Sec. 107. All patents or certificates for land granted under
this Act shall be prepared in the Bureau of Lands and shall be
issued in the name of the Government of the Republic of the
Philippines under the signature of the President of the
Philippines: Provided, however, That the President of the
Philippines may delegate to the Secretary of Agriculture and
Natural Resources 74 and/or the Under secretary for Natural
Resources 74 the power to sign patents or certificates
covering lands not exceeding one hundred forty-four hectares
in area, and to the Secretary of Agriculture and Natural
Resources 75 the power to sign patents or certificates
covering lands exceeding one hundred forty-four hectares in
area: Provided, further, That District Land Officers in every
province are hereby empowered to sign patents or
certificates covering lands not exceeding five hectares in area
when the office of the District Land Officer is properly
equipped to carry out the purposes of this Act: Provided, That
no applicant shall be permitted to split the area applied for by
him in excess of the area fixed in this section among his
relatives within the sixth degree of consanguinity or affinity
excepting the applicants married children who are actually
occupying the land: Provided, finally, That copies of said
patents issued shall be furnished to the Bureau of Lands for
record purposes. No patent or certificate shall be issued by
the District Land Officer unless the survey of the land covered
same, and all patents granted under this Act shall be subject
to any vested and accrued rights to ditches and reservoirs
used in connection with such water rights as may have been
acquired in the manner above described prior to April eleven,
eighteen hundred and ninety-nine.
Sec. 114. There is hereby reserved from the operation of all
patents, certificates, entries, and grants by the Government
authorized under this Act the right to use for the purposes of
power any flow of water in any stream running through or by
the land granted, the convertible power from which at
ordinary low water exceeds fifty horse power. Where the
convertible power in any stream running through or by land
granted under the authority of this Act thus exceeds fifty
horsepower, and there is no means of using such power
except by the occupation of a part of the land granted under
authority of this Act, then so much land as is reasonably
necessary for the mill site or site for the power house, and for
a suitable dam and site for massing the water, is hereby
excepted from such grants, not exceeding four hectares, and
a right of way to the nearest public highway from the land
thus excepted, and also a right of way for the construction
and maintenance of such flumes, aqueducts, wires, poles, or
order conduits as may be needed in conveying the water to
the point where its fall will yield the greatest power, or the
power from the point of conversion to the point of use, is
reserved as a servitude or easement upon the land granted
by authority of this Act: Provided, however, That when the
Government or any concessionaire of the Government shall
take possession of the land under this section which a
grantee under this Act shall have paid for, supposing it to be
subject to grant under this Act, said grantee shall be entitled
to indemnity from the Government or the concessionaire, as
the case may be, in the amount, if any, paid by him to the
Government for the land taken from him by virtue of this
section: And provided, further, That with respect to the flow
of water, except for converting the same into power
exceeding fifty horse power, said grantee shall be entitled to
the same use of the water flowing through or along his land
that other private owners enjoy under the law, subject to the
governmental regulation provided in the previous section.
Water power privileges in which the convertible power at
ordinary low water shall exceed fifty horse power shall be
disposed of only upon terms established by an Act of the
Assembly concerning the use, lease or acquisition of such
water privilege.
Sec. 115. All lands granted by virtue of this Act, including
homesteads upon which final proof has not been made or
approved, shall, even though and while the title remains in
the State, be subject to the ordinary taxes, which shall be
paid by the grantee or the applicant, beginning with the year
next following the one in which the homestead application
has been filed, or the concession has been approved, or the
contract has been signed, as the case may be, on the basis of
the value fixed in such filing, approval or signing of the
application, concession or contract.
Sec. 116. The appraisal or reappraisal of the lands or
improvements subject to concession or disposition under this
Act shall be made by the Director of Lands, with the approval
Sec. 125. The provisions of sections twenty-two, twentythree, thirty-three, one hundred and twenty-two, and one
hundred and twenty-three of this Act, and any other
provision or provisions restricting or tending to restrict the
right of persons, corporations, or associations to acquire,
hold, lease, encumber, dispose of, or alienate land in the
Philippines, or permanent improvements thereon, or any
interest therein, shall not be applied in cases in which the
right to acquire, hold or dispose of such land, permanent
improvements thereon or interests therein in the Philippines
is recognized by existing treaties in favor of citizens or
subjects of foreign nations and corporations or associations
organized and constituted by the same, which right, in so far
as it exists under such treaties, shall continue and subsist in
the manner and to the extent stipulated in said treaties, and
only while these are in force, but not thereafter.
Sec. 126. All public auctions provided for in the foregoing
chapters in the disposition of public lands shall be held,
wherever possible, in the province where the land is located,
or, in the office of the Bureau of Lands in Manila
lands who, by themselves or through their predecessors-in interest, have been in continuous possession and occupation
of the same in the concept of owner since the immemorial or
for a period of not less than thirty (30) years immediately
preceding the approval of this Act and uncontested by the
members of the same ICCs/IPs shall have the option to secure
title to their ancestral lands under the provisions of
Commonwealth Act 141, as amended, or the Land
Registration Act 496.
For this purpose, said individually-owned ancestral lands,
which are agricultural in character and actually used for
agricultural, residential, pasture, and tree farming purposes,
including those with a slope of eighteen percent (18%) or
more, are hereby classified as alienable and disposable
agricultural lands.
The option granted under this Section shall be exercised
within twenty (20) years from the approval of this Act.
CHAPTER IV
RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT
Sec. 13. Self-Governance.- The State recognizes the inherent
right of ICCs/IPs to self-governance and self-determination
and respects the integrity of their values, practices and
institutions. Consequently, the State shall guarantee the right
of ICCs/IPs to freely pursue their economic, social and cultural
development.
Sec. 14. Support for Autonomous Regions.- The State shall
continue to strengthen and support the autonomous regions
created under the Constitution as they may require or need.
The State shall likewise encourage other ICCs/IPs not included
or outside Muslim Mindanao and the Cordillera to use the
form and content of their ways of life as may be compatible
with the fundamental rights defined in the Constitution of the
Republic of the Philippines and other internationally
recognized human rights.
Sec. 15. Justice System, Conflict Resolution Institutions and
Peace Building Processes.- The ICCs/IPs shall have the right to
use their own commonly accepted justice systems, conflict
resolution institutions, peace building processes or
mechanisms and other customary laws and practices within
their respective communities and as may be compatible with
the national legal system and with internationally recognized
human rights.
Sec. 16. Right to Participate in Decision -Making.- ICCs/IPs
have the right to participate fully, if they so choose, at all
levels of decision-making in matters which may affect their
rights, lives and destinies through procedures determined by
them as well as to maintain and develop their own
indigenous political structures. Consequently, the State shall
ensure that the ICCs/IPs shall be given mandatory
Sec. 22. Rights during Armed Conflict.- ICCs/IPs have the right
to special protection and security in periods of armed
conflict. The State shall observe international standards, in
particular, the Fourth Geneva Convention of 1949, for the
protection of civilian populations in circumstances of
emergency and armed conflict, and shall not recruit members
of the ICCs/IPs against their will into armed forces, and in
particular, for the use against other ICCs/IPs; not recruit
children of ICCs/IPs into the armed forces under any
circumstance; nor force indigenous individuals to abandon
their lands, territories and means of subsistence, or relocate
them in special centers for military purposes under any
discriminatory condition.
Sec. 25. Basic Services.- The ICC/IP have the right to special
measures for the immediate, effective and continuing
improvement of their economic and social conditions,
including in the areas of employment, vocational training and
retraining, housing, sanitation, health and social security.
Particular attention shall be paid to the rights and special
needs of indigenous women, elderly, youth, children and
differently-abled persons. Accordingly, the State shall
guarantee the right of ICCs/IPs to government 's basic
services which shall include, but not limited to water and
electrical facilities, education, health and infrastructure.
Sec. 26. Women.- ICC/IP women shall enjoy equal rights and
opportunities with men, as regards the social, economic,
political and cultural spheres of life. The participation of
indigenous women in the decision-making process in all
levels, as well as in the development of society, shall be given
due respect and recognition.
The State shall provide full access to education, maternal and
child care, health and nutrition, and housing services to
indigenous women. Vocational, technical, professional and
other forms of training shall be provided to enable these
women to fully participate in all aspects of social life. As far as
possible, the State shall ensure that indigenous women have
access to all services in their own languages.
Sec. 27. Children and Youth.- The State shall recognize the
vital role of the children and youth of ICCs/IPs in nationbuilding and shall promote and protect their physical, moral,
spiritual, moral, spiritual, intellectual and social well-being.
Towards this end, the State shall support all government
programs intended for the development and rearing of the
children and youth of ICCs/IPs for civic efficiency and
establish such mechanisms as may be necessary for the
protection of the rights of the indigenous children and youth.
Sec. 28. Integrated System of Education.- The State shall,
through the NCIP, provide a complete, adequate and
integrated system of education, relevant to the needs of the
children and Young people of ICCs/IPs.
CHAPTER VI
CULTURAL INTEGRITY
Sec. 29. Protection of Indigenous Culture, traditions and
institutions.- The state shall respect, recognize and protect
the right of the ICCs/IPs to preserve and protect their culture,
traditions and institutions. It shall consider these rights in the
formulation of national plans and policies.
Sec. 30. Educational Systems.- The State shall provide equal
access to various cultural opportunities to the ICCs/IPs
through the educational system, public or cultural entities,
scholarships, grants and other incentives without prejudice to
their right to establish and control their educational systems
and institutions by providing education in their own language,
Sec. 42. Removal from Office.- Any member of the NCIP may
be removed from office by the President, on his own initiative
or upon recommendation by any indigenous community,
before the expiration of his term for cause and after
complying with due process requirement of law.
Sec. 43. Appointment of Commissioners.- The President shall
appoint the seven (7) Commissioners of the NCIP within
ninety (90) days from the effectivity of this Act.
Sec. 44. Powers and Functions.- To accomplish its mandate,
the NCIP shall have the following powers, jurisdiction and
function:
a) To serve as the primary government agency through which
ICCs/IPs can seek government assistance and as the medium,
thorough which such assistance may be extended;
b) To review and assess the conditions of ICCs/IPs including
existing laws and policies pertinent thereto and to propose
relevant laws and policies to address their role in national
development;
c) To formulate and implement policies, plans, programs and
projects for the economic, social and cultural development of
the ICCs/IPs and to monitor the implementation thereof;
d) To request and engage the services and support of experts
from other agencies of government or employ private experts
and consultants as may be required in the pursuit of its
objectives;
Sec. 47. Other Offices.- The NCIP shall have the power to
create additional offices as it may deem necessary subject to
existing rules and regulations.
Sec. 48. Regional and Field Offices.- Existing regional and field
offices shall remain to function under the strengthened
organizational structure of the NCIP. Other field office shall
be created wherever appropriate and the staffing pattern
thereof shall be determined by the NCIP: Provided, That in
provinces where there are ICCs/IPs but without field offices,
the NCIP shall establish field offices in said provinces.
the attempt to settle the dispute that the same has not been
resolved, which certification shall be a condition precedent to
the filing of a petition with the NCIP.
Sec. 67. Appeals to the Court of Appeals.- Decisions of the
NCIP shall be appealable to the Court of Appeals by way of a
petition for review.
Sec. 68. Execution of Decisions, Awards, Orders.- Upon
expiration of the period here provided and no appeal is
perfected by any of the contending parties, the Hearing
Officer of the NCIP, on its own initiative or upon motion by
the prevailing party, shall issue a writ of execution requiring
the sheriff or the proper officer to execute final decisions,
orders or awards of the Regional Hearing Officer of the NCIP.
Sec. 69. Quasi-Judicial Powers of the NCIP.- The NCIP shall
have the power and authority:
a. To promulgate rules and regulations governing the hearing
and disposition of cases filed before it as well as those
pertaining to its internal functions and such rules and
regulations as may be necessary to carry out the purposes of
this Act;
b. To administer oaths, summon the parties to a controversy,
issue subpoenas requiring the attendance and testimony of
witnesses or the production of such books, papers, contracts,
records, agreements and other document of similar nature as
may be material to a just determination of the matter under
investigation or hearing conducted in pursuance of this Act;
c. To hold any person in contempt, directly or indirectly, and
impose appropriate penalties therefor; and
d. To enjoin any or all acts involving or arising from any case
pending therefore it which, if not restrained forthwith, may
cause grave or irreparable damage to any of the parties to
the case or seriously affect social or economic activity.
Sec. 70. No restraining Order or Preliminary Injunction - No
inferior court of the Philippines shall have the jurisdiction to
issue any restraining order or writ of preliminary injunction
against the NCIP or any of its duly authorized or designated
offices in any case, dispute or controversy to, or
interpretation of this Act and other pertinent laws relating to
ICCs/IPs and ancestral domains.
CHAPTER IX
ANCESTRAL DOMAINS FUND
Sec. 71. Ancestral Domains Fund.- There is hereby created a
special fund, to be known as the Ancestral Domains Fund, an
initial amount of the One Hundred thirty million
pesos(P130,000,000) to cover compensation for expropriated
lands, delineation and development of ancestral domains. An
amount of Fifty million pesos (P50,000,000) shall be sourced
CHAPTER XII
MERGER OF THE OFFICE FOR NORTHERN CULTURAL
COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN
CULTURAL COMMUNITIES (OSCC)
cooperatives,
or
or
CHAPTER V
MINERAL AGREEMENTS
Sec. 26 Modes of Mineral Agreement. For purposes of mining
operations, a mineral agreement may take the following
forms as herein defined:
(a) Mineral production sharing agreement - is an agreement
where the Government grants to the contractor the exclusive
right to conduct mining operations within a contract area and
shares in the gross output. The contractor shall provide the
financing, technology, management and personnel necessary
for the implementation of this agreement.
(b) Co-production agreement - is an agreement between the
Government and the contractor wherein the Government
shall provide inputs to the mining operations other than the
mineral resource.
(c) Joint venture agreement - is an agreement where a jointventure company is organized by the Government and the
contractor with both parties having equity shares. Aside from
earnings in equity, the Government shall be entitled to a
share in the gross output.
A mineral agreement shall grant to the contractor the
exclusive right to conduct mining operations and to extract all
mineral resources found in the contract area. In addition, the
contractor may be allowed to convert his agreement into any
of the modes of mineral agreements or financial or technical
assistance agreement covering the remaining period of the
original agreement subject to the approval of the Secretary.
Sec. 27 Eligibility. A qualified person may enter into any of the
three (3) modes of mineral agreement with the government
for the exploration, development and utilization of mineral
resources: Provided, That in case the applicant has been in
the mining industry for any length of time, he should possess
a satisfactory environmental track record as determined by
the Mines and Geosciences Bureau and in consultation with
the Environment Management Bureau of the Department.
Sec. 28 Maximum Areas for Mineral Agreement. The
maximum area that a qualified person may hold at any time
under a mineral agreement shall be:
(a) Onshore, in any one province (1) For individuals, ten (10) blocks; and
associations,
or
associations,
or
or
(b) Onshore, in the entire Philippines (1) For individuals, twenty (20) blocks; and
(2) For partnerships, cooperatives,
corporations, two hundred (200) blocks.
(c) Offshore, in the entire Philippines (1) For individuals, fifty (50) blocks;
and
minimum
expenditures
CHAPTER IX
TRANSPORT, SALE AND PROCESSING OF MINERALS
Sec. 53 Ore Transport Permit. A permit specifying the origin
and quantity of non-processed mineral ores or minerals shall
be required for their transport. Transport permits shall be
issued by the mines regional director who has jurisdiction
over the area where the ores were extracted. In the case of
mineral ores or minerals being transported from the smallscale mining areas to the custom mills or processing plants,
the Provincial Mining Regulatory Board (PMRB) concerned
shall formulate their own policies to govern such transport of
ores produced by small-scale miners. The absence of a permit
shall be considered as prima facie evidence of illegal mining
and shall be sufficient cause for the Government to confiscate
the ores or minerals being transported, the tools and
equipment utilized, and the vehicle containing the same. Ore
samples not exceeding two metric tons (2 m.t.) to be used
exclusively for assay or pilot test purposes shall be exempted
from such requirement.
CHAPTER X
DEVELOPMENT OF MINING COMMUNITIES, SCIENCE AND
MINING TECHNOLOGY
Sec. 57 Expenditure for Community Development and Science
and Mining Technology. A contractor shall assist in the
development of its mining community, the promotion of the
CHAPTER XIV
GOVERNMENT SHARE
Sec. 80 Government Share in Mineral Production Sharing
Agreement. The total government share in a mineral
production sharing agreement shall be the excise tax on
mineral products as provided in Republic Act No. 7729,
amending Section 151(a) of the National Internal Revenue
Code, as amended.
Sec. 81 Government Share in Other Mineral Agreements. The
share of the Government in co-production and joint-venture
agreements shall be negotiated by the Government and the
contractor taking into consideration the: (a) capital
investment of the project, (b) risks involved, (c) contribution
of the project to the economy, and (d) other factors that will
provide for a fair and equitable sharing between the
Government and the contractor. The Government shall also
be entitled to compensations for its other contributions
which shall be agreed upon by the parties, and shall consist,
among other things, the contractor's income tax, excise tax,
special allowance, withholding tax due from the contractor's
foreign stockholders arising from dividend or interest
payments to the said foreign stockholders, in case of a
foreign national, and all such other taxes, duties and fees as
provided for under existing laws.
The Government share in financial or technical assistance
agreement shall consist of, among other things, the
contractor's corporate income tax, excise tax, special
allowance, withholding tax due from the contractor's foreign
stockholders arising from dividend or interest payments to
the said foreign stockholder in case of a foreign national and
all such other taxes, duties and fees as provided for under
existing laws.
The collection of government share in financial or technical
assistance agreement shall commence after the financial or
technical assistance agreement contractor has fully recovered
its pre-operating expenses, exploration, and development
expenditures, inclusive.
Sec. 82 Allocation of Government Share. The Government
share as referred to in the preceding sections shall be shared
and allocated in accordance with Sections 290 and 292 of
Republic Act No. 7160 otherwise known as the Local
Government Code of 1991. In case the development and
utilization of mineral resources is undertaken by a
government-owned or controlled corporation, the sharing
and allocation shall be in accordance with Sections 291 and
292 of the said Code.
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
(a) To the extent of not more than twice as fast as the normal
rate of depreciation or depreciated at normal rate of
depreciation if the expected life is ten (10) years or less; or
(b) Depreciated over any number of years between five (5)
years and the expected life if the latter is more than ten (10)
years, and the depreciation thereon allowed as deduction
from taxable income: Provided, That the contractor notifies
the Bureau of Internal Revenue at the beginning of the
depreciation period which depreciation rate allowed by this
section will be used.
In computing for taxable income, unless otherwise provided
in this Act, the contractor may, at his option, deduct
exploration and development expenditures accumulated at
cost as of the date of the prospecting or exploration and
development expenditures paid or incurred during the
taxable year: Provided, That the total amount deductible for
exploration and development expenditures shall not exceed
twenty-five per centum (25%) of the net income from mining
operations. The actual exploration and development
expenditures minus the twenty-five per centum (25%) net
income from mining shall be carried forward to the
succeeding years until fully deducted.
Net income from mining operation is defined as gross income
from operations less allowable deductions which are
necessary or related to mining operations. Allowable
deductions shall include mining, milling and marketing
expenses, depreciation or properties directly used in the
mining operations. This paragraph shall not apply to
expenditures for the acquisition or improvement of property
of a character which is subject to the allowances for
depreciation.
Sec. 94 Investment Guarantees. The contractor shall be
entitled to the basic rights and guarantees provided in
the Constitution and such other rights recognized by the
government as enumerated hereunder.
(a) Repatriation of investments. The right to repatriate the
entire proceeds of the liquidation of the foreign investment in
the currency in which the investment was originally made and
at the exchange rate prevailing at the time of repatriation.
(b) Remittance of earnings. The right to remit earnings from
the investment in the currency in which the foreign
investment was originally made at the exchange rate
prevailing at the time of remittance.
(c) Foreign loans and contracts. The right to remit at the
exchange rate prevailing at the time of remittance such sums
as may be necessary to meet the payments of interest and
principal on foreign loans and foreign obligations arising from
financial or technical assistance contracts.
(d) Freedom from expropriation. The right to be free from
expropriation by the government of the property represented
CANCELLATION,
REVOCATION,
AND
Cases
3.
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,
covered by the Agusan-Davao-Surigao Forest Reserve as nonforest lands and open to small-scale mining purposes.
A portion of thecontested area open to small scale miners,
several mining entities filed applications for Mineral
Production Sharing Agreement. Monkayo Integrated Small
Scale Miners Association (MISSMA) filed an MPSA application
which was denied by the BMG on the grounds that the area
applied for is within the area covered by MMC EP 133and
that the MISSMA was not qualified to apply for an
MPSA.MMC assigned EP 133 to Southeast Mindanao Gold
Mining Corporation. BMG accepted and registered SEMs
MPSA application and the Deed of Assignment over EP 133
executed in its favor by MMC.SEMs application was
designated MPSA Application No. 128 (MPSAA 128).The PA
rendered a resolution that EP 133 was valid and subsisting. It
also declared that the BMG Director, under Section 99 of the
Consolidated Mines Administrative Order implementing
Presidential Decree No. 463, was authorized to issue
exploration permits and to renew the same without limit. The
validity of Ex loration Permit No. 133 was reiterated and all
the adverse claims against MPSAA No.128 are DISMISSED.
Proclamation No. 369 was issued to establish the AgusanDavao-Surigao Forest Reserve.Camilo Banad and his group,
who claimed to have first discovered traces of gold in Mount
Diwata, filed aDeclaration of Location for six mining claims in
the area. Apex Mining Corporation entered intooperating
agreements with Banad and his group.Marcopper Mining
Corporation filed mining claims for areas adjacent to the area
covered by the DOL of Banad and his group. MMC abandoned
the claims and instead applied for a prospecting permit with
theBureau of Forest Development. BFD issued a Prospecting
Permit to MMC covering an area within theforest reserve
under Proclamation No. 369. The permit embraced the areas
claimed by Apex and the other individual mining claimants.
MMC filed before the BMG a Petition for the Cancellation of
the MiningClaims of Apex and Small Scale Mining Permits.
MMC alleged that the areas covered by its EP 133 and the
mining claims of Apex were within an established and existing
forest reservation. Apex filed a motion to dismiss MMCs
petition alleging that its mining claims are not within any
established or proclaimed forest reserve, and as such, the
acquisition of mining rights thereto must be undertaken via
registration of DOL with the BMG and not through the filing
of application for permit to prospect with the BFD. However,
Supreme Court rendered a Decision against Apex holding that
the disputed area is a forest reserve; hence, the proper
procedure in acquiring mining rights therein is by initially
applying for a permit to prospect with the BFD and not
through a registration of DOL with the BMG. DENR issued
Department Administrative Order No. 66 declaring areas
development
II
III
forest
lands
within
forest
(c) The lessee shall pay forest charges on the timber and
other forest products grown and cut or gathered in an
industrial tree plantation or tree farm equivalent to six
percent (6%) current market value thereof;
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.
Section 55. Wildlife. Wildlife may be destroyed, killed,
consumed, eaten or otherwise disposed of, without the
necessity of permit, for the protection of life, health, safety
and property, and the convenience of the people.
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 government charges and other fees on
timber cut and removed from forest lands, alienable or
disposable lands, and the civil reservations; Provided, That
until such time as the mechanics of tree measurement shall
have been developed and promulgated in rules and
regulations, the present scaling method provided for in the
National Internal Revenue Code shall be used.
IV
more than (4) years and a fine equal to eight (8) times the
regular forest charges due on the forest products destroyed,
without prejudice to the payment of the full cost of
restoration of the occupied area as determined by the
Bureau.
The Court shall further order the eviction of the offender
from the land and the forfeiture to the Government of all
improvements made and all vehicles, domestic animals and
equipment of any kind used in the commission of the offense.
If not suitable for use by the Bureau, said vehicles shall be
sold at public auction, the proceeds of which shall accrue to
the Development Fund of the Bureau.
In case the offender is a government official or employee, he
shall, in addition to the above penalties, be deemed
automatically dismissed from office and permanently
disqualified from holding any elective or appointive position.
Section 70. Pasturing Livestock. Imprisonment for not less
than six (6) months nor more than two (2) years and a fine
equal to ten (10) times the regular rentals due, in addition to
the confiscation of such livestock and all improvement
introduced in the area in favor of the government, shall be
imposed upon any person, who shall, without authority under
a lease or permit, graze or cause to graze livestock in forest
lands, grazing lands and alienable and disposable lands which
have not as yet been disposed of in accordance with the
Public Land Act; Provided, That in case the offender is a
corporation, partnership or association, the officers and
directors thereof shall be liable.
Section 71. Illegal occupation of national parks system and
recreation areas and vandalism therein. Any person who
shall, without permit, occupy for any length of time any
portion of the national parks system or shall, in any manner,
cut, destroy, damage or remove timber or any species of
vegetation or forest cover and other natural resources found
therein, or shall mutilate, deface or destroy objects of natural
beauty or of scenic value within areas in the national parks
system, shall be fined not less than two hundred (P200.00)
pesos or more than five hundred (P500.00) pesos exclusive of
the value of the thing damaged; Provided, That if the area
requires rehabilitation or restoration as determined by the
Director, the offender shall also be required to restore or
compensate for the restoration of the damage; Provided,
Further, That any person who, without proper permit shall
hunt, capture or kill any kind of bird, fish or wild animal life
within any area in the national parks system shall be subject
to the same penalty; Provided, Finally, That the Court shall
order eviction of the offender from the land and the
forfeiture in favor of the Government of all timber or any
species of vegetation and other natural resources collected or
removed, and any construction or improvement made
thereon by the offender. If the offender is an association or
corporation, the president or manager shall be directly
responsible and liable for the act of his employees or
laborers.
than (2) nor more than four (4) years and a fine of not less
than one thousand pesos (P1,000.00), nor more than ten
thousand (P10,000.00) pesos in addition to the confiscation
of such implements and devices, and the automatic
cancellation of the license agreement, lease, license or
permit, if the offender is a holder thereof, shall be imposed
upon any person who shall, without authority from the
Director or his authorized representative, make,
manufacture, or has in his possession any government
marking, hatchet or other marking implement, or any marker,
poster, or other devices officially used by officers of the
Bureau for the marking or identification of timber or other
products, or any duplicate, counterfeit, or imitation thereof,
or make or apply a government mark on timber or any other
forest products by means of any authentic or counterfeit
device, or alter, deface, or remove government marks or
signs, from trees, logs, stumps, firewoods or other forest
products, or destroy, deface, remove or disfigure any such
mark, sign, poster or warning notices set by the Bureau to
designate the boundaries of cutting areas, municipal or city
forest or pasture, classified timber land, forest reserve, and
areas under the national park system or to make any false
mark or imitation of any mark or sign herein indicated;
Provided, That if the offender is a corporation, partnership or
association, the officers and directors thereof shall be liable.
Section 78. Payment, collection and remittance of forest
charges. Any person who fails to pay the amount due and
payable under the provisions of this Code, the National
Internal Revenue Code, or the rules and regulations
promulgated thereunder, shall be liable to the payment of a
surcharge of twenty-five per centum (25%) of the amount
due and payable.
Any person who fails or refuses to remit to the proper
authorities said forest charges collectible pursuant to the
provisions of this Code or the National Internal Revenue
Code, or who delays, obstructs or prevents the same, or who
orders, causes or effects the transfer or diversion of the funds
for purposes other than those specified in this Code, for each
such offense shall, upon conviction, be punished by a fine of
not exceeding one hundred thousand pesos (P100,000.00)
and/or imprisonment for a period of not exceeding six (6)
years in the discretion of the Court. If the offender is a
government official or employee, he shall, in addition, be
dismissed from the service with prejudice to reinstatement
and with disqualification from holding any elective or
appointive office.
If the offender is a corporation, partnership or association,
the officers and directors thereof shall be liable.
Section 79. Sale of wood products. No person shall sell or
offer for sale any log, lumber, plywood or other
manufactured wood products in the international or
domestic market unless he complies with grading rules and
established or to be established by the Government.
If the arrest and seizure are made in the forests, far from the
authorities designated by law to conduct preliminary
investigations, the delivery to, and filing of the complaint
with, the latter shall be done within a reasonable time
sufficient for ordinary travel from the place of arrest to the
place of delivery. The seized products, materials and
equipment shall be immediately disposed of in accordance
with forestry administrative orders promulgated by the
Department Head.
tools and equipment and file the proper complaint with, the
appropriate official designated by law to conduct preliminary
investigation and file information in Court.
If the arrest and seizure are made in the forest, far from the
authorities designated by the law to conduct preliminary
investigations, the delivery to, and filing of the complaint
with, the latter shall be done within a reasonable time
sufficient to the place of delivery. The seized products,
materials and equipment shall be immediately disposed of in
accordance with forestry administrative orders promulgated
by the Department Head.
The Department Head may deputized any agency, Bering or
barrio official, or any qualified person to protect the forest
and exercise the power or authority provided for in the
preceding paragraph.
Reports and complaints regarding the commission of any of
the offenses defined in this Chapter, not committed in the
presence of any forest officer or employee, or any personnel
of the Philippine Constabulary/Integrated National Police or
any of the deputized officers of officials, shall immediately be
investigated by the forest officer assigned in the area or any
personnel of the Philippine Constabulary/Integrated National
Police where the offense was allegedly committed, who shall
thereupon receive the evidence supporting the report or
complaint. If there is a prima facie evidence to support the
complaint or report the investigating forest officer and/ or
members of the Philippine Constabulary/Integrated National
Police shall file the necessary complaint with the appropriate
official authorized by law to conduct a preliminary
investigation of criminal case and file an information in
Court."
Executive Order No. 318: PROMOTING SUSTAINABLE
FOREST MANAGEMENT IN THE PHILIPPINES
WHEREAS, the Constitution provides for the protection and
advancement of the right of the people to a balanced and
healthy environment in accord with the rhythm and harmony
of nature, to protect the Filipino people from disaster like
floods or landslide, and from threats to environmental and
economic security like wood and water shortage, biodiversity
loss, air pollution and drought. Likewise, it provides for the
full, efficient and rights-based use of natural resources to
abate poverty, promote industrialization and full
employment, affirm the diverse cultures of the Filipino, and
ensure their availability to present and future generations;
1.
2.
upon the
recommendation
government agencies.
concerned
2.
3.
4.
The development of high-value tree crops and nontimber forest crops in public forestlands, private
lands and in home forest gardens shall be promoted
and encouraged to enhance economic and ecological
benefits and attain self-sufficiency in the countrys
wood requirements.
5.
1.
2.
3.
2.3.
Community-Based
Development
1.
of
Forest
Conservation
and
2.
3.
1.
2.
3.
4.
5.
2.
3.
4.
5.
6.
7.