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Natural Resources
o Refer to the material objects of economic value and utility to man
produced by nature.
o They constitute the patrimony of the nation.
o Manila Prince Hotel vs GSIS
 National patrimony refers not only to the natural resources of the
Philippines but also to the cultural heritage of theFilipinos.
Laws Governing the Subject
o PLA
o The Petroleum Act
o Revised Forestry Code
o Fisheries Code
o Water Code
o Philippine Mining Act
o IPRA Law
o Coal Land Act
Doctrine of Constitutional Supremacy
o Means that when a law or contract violates the norm of the constitution
whether promulgated by the legislative or executive or entered into by
private persons is null and void and without any force or effect. Since the
Constitution is paramount, fundamental and supreme law of the nation, it
is deemed written in every statute.
Jura Regalia or Regalian Doctrine
o Section 2, Article XII of 1987 Constitution
1st sentence
 All lands of public domain,
 Water,
 Minerals,
 Coal,
 Petroleum and other
 Mineral oils,
 All forces of potential energy,
 Fisheries,
 Forest or timber,
 Wildlife
 Flora and fauna and
 Other natural resources are owned by the state
o 2nd sentence
 Exception of Agricultural Lands
rd
o 3 sentence
 EDU under full control and supervision of the State

o 4th sentence
 State may enter into CP, JV, PSA with FC, corp., asso., with 60%
owned capital
o 5th sentence
 Period of not more than 25 years renewable for another 25 years
o 6th sentence
 Limitation of Grant in Water Rights for
 Irrigation
 Water supply
 Fisheries
 Industrial uses other development of water power
o 2nd paragraph
 Protection of Marine wealth
rd
o 3 paragraph
 Small scale utilization of NR
 Cooperative fish farming
th
o 4 paragraph
 Large scale EDU
 Entered into by the president with foreign-owned
corporations involving either technical or financial
assistance.
 subject to general terms and conditions provided by the law
 in such condition the State shall promote the development
and use of local scientific and technical resources
o 5th paragraph
 Notification of President to Congress
 Within 30 days from its execution
 Imperium
o is the government authority possessed by the State which is expressed in
the concept of Sovereignty.
 Dominium
o is the capacity of the State to acquire property.
 Presumption of State Ownership
o GR All lands that were not acquired from the government either by
purchase or grant belong to the public domain
o EXP possession since time immemorial
 Nature of possession by the natives
o Ancestral domain and ancestral lands are not part of lands of the PD.
 Ancestral Domain

inland waters.  Classification of Lands in PD o Agricultural. coastal areas and natural resources therein.o All embracing concept which refers to lands.  no mixed classification (Republic vs CA 1988) .  Executive Prerogative o The classification of public lands is. thus. 1903 at a price of 6M in gold.  Absence of approval will render the sale null and void ab initio because the approval is an indispensable requisite for its validity. o Forest or timber. o Title over land part of forest is void.  Constitutional Limits #1 o GR: all natural resources shall not be alienated o EXP: only agricultural lands of the PD may be alienated  Government lands are not all public lands  Friar lands are not included as public lands o Friar Lands are those lands of certain haciendas acquired by US government from religious organizations acquired on July 5. o It includes lands which may no longer be exclusively occupied by the indigenous cultural cxs but to which they had traditionally had access for their subsistence and traditional activities. 1120 which governs the administration and disposition of friar lands  The purchase by an actual occupant and bona fide settler of any portion of FL shall be agreed upon by the purchaser and the DL subject to the approval of Sec of ANR. o Mineral.  Ancestral Lands o Narrower in concept o Refers to those lands held under the same conditions of ancestral domain o But limited to lands that are not merely occupied and possessed but are also utilized by cultural cxs under the claim of individual or traditional group ownership.  Disposition of Friar Lands o Under Act No. o National parks. an exclusive prerogative of the Executive Department through the Office of the President o Courts have no authority to convert lands of public domain into alienable and disposable lands.

 cannot acquire ALP  may lease maximum area of 1000 hectares o Qualified Individuals  Can acquire 12 hectares  May lease up to 500 hectares Term of lease is for 25 years.urban land  3000 sq. Surface owner has no right over the minerals underneath o For the loss.rural land  For business or other purposes   Constitutional Limit #2 o EDU of NR must be under full control and supervision of the State under the constitutionally allowed modes .m. 1982)   Rights of natural-born Filipino who have lost their Citizenship o Under RA 8179 former natural-born Filipino may acquire the ff:  500sq.  Their rights is until July 3./assn.  Under ‘parity agreement’.  Vested rights has to be respected.m. It could not be abrogated by the new Constitution. o Exception:  Under parity agreement (tidings-McDuffie)  Americans may own ALP of maximum area of 1024 hectares as appended in 1935 Constitution and revised by the LaurelLangley Agreement. o Purpose  To equitably diffuse ownership or to encourage “ownercultivatorship” and the” economic family-size farm.”  Huge lanholdings by the corporations or private persons had sown social unrest.  Mangrove Swamps are forest lands o Under the administrative code. US citizen and corporations may acquire lands of the public domain but they cannot acquire private lands. (Lausan Ayog vs Cusi.  Rules on disposition of ALP o Private Corp. the owner is entitled to compensation under the Mining Law or in appropriate expropriation proceedings. 1974. renewable for another 25 years.

 Uplift the well-being of the local affected communities. territorial sea and EEZ reserved for FC only. o Production sharing agreement  Contractor provide the financing. o and to set aside . provided that the State retains the power to direct overall strategy. management and personnel to conduct mining operations  Shares in gross output o Financial or technical assistance agreement  Financial assistance for large scale EDU of mineral resources.  Safeguards: o Service contract must be in accordance with general law setting standard terms. Constitutional limit #3 o All agreements in respect to EDU of natural resources should not exceed 25 years o Renewable for another 25 years o Water rights not covered by the 25 year limit Constitutional limit #4 o use and enjoyment of the marine wealth of the archipelagic waters. petroleum. and other mineral oils. technology.  Full control is not a mathematic day to day management by the contractor. o The president be the signatory for the gov’t o The president report the executed agreement to congress within 30 days. reverse or modify plans and actions of the contractor. Allowed modes of EDU o Direct undertaking o Co-production  Gov’t shall provide inputs to the mining operations other than the mineral resource o Joint Venture Agreement  Both parties having equity share  Aside from earnings in equity.  Conserve the environment. Control by the State means to regulate the conduct of affairs in various enterprises and restrain activities deemed not desirable or beneficial with the end view of ensuring that these enterprises  Contribute to economic development and general welfare of the country. Gov’t is entitled to share on the gross output.  Only to mineral.    .

 o Archipelagic waters. bays and lagoons o Allowed only on a small scale to FC or cooperative o Priority given to subsistence fishermen and fishworkers.  This can be regulated for the right of the people to a balanced ecology by LGUs. lakes.water around. Constitutional limit #5 o Utilization of NR in rivers. o It is only a “preferential right” but not an absolute right. between and connecting islands of archipelago o Territorial sea. 1997) .area of the sea extending up to 12NM from the territorial sea o EEZ.area of the sea extending up to 200 NM from the low water mark.belt of the sea located between the coast and internal waters of the coastal state on the one hand and the high seas on the other extending up to 12 NM from the low water mark o Contiguous Zone. (tano vs Socrates.

o Prescription and laches will not bar actions filed by the State to recover its property acquired through fraud by private individuals.Public Land Act CA 141 November 7.Executive officer to carry out the act Director of Lands.  EXP: when the State bring an action for reversion of PL even after 1 year if procured through o Fraud and o Misrepresentation. sale or any other land of PD  Doctrine of Indefeasibility of Torrens title (PD 1529)  GR: the decree of registration and the certificate of title issued shall become inconvertible after the lapse of one year form date of entry. friar lands DENR secretary. . Excluded from disposition o Those reserved for public or quasi-public uses o Those that have become private property or subject to private right. lease. Pre-requisite for disposition of ALP o Formal declaration by the President  Upon recommendation of the DENR Secretary to effect that such lands are open to disposition or concession  and whenever practicable the lands should have been previously surveyed. o The RP is the real party in interest. classification.has direct executive control of the survey. 1936     Coverage: Lands of the PD Excludes: timber and mineral lands.  Actions for reversion do not prescribe.

o Applicant is prohibited to make any clearing on or utilize the easement area for ordinary farming  Requirement on personal tillage o Applicant or transferee must enter and work to improve and cultivate the land by himself within the periods prescribed for the various modes of concession under the PLA. . o Share tenancy is prohibited: violation will result to cancellation of the grant and forfeiture of improvements in favor of the government. Alienation o Disposition or concession o Means methods authorized by CA 141 for acquisition. file special civil action on certiorari under R65 o Decision of th BL cannot be collaterally attacked.  Remedies from decision of BL director o Motion for reconsideration o Appeal to the DENR secretary o If affirmed by the DENR secretary  File a motion for reconsideration o If denied. improvements on land. lease.  Modes of disposition o Homestead o Sale o Lease o Confirmation of imperfect or incomplete title  By judicial legalization  By administrative legalization or free patent  Material allegations in applications for grant of PL o Legal qualifications o Purpose for the use of land according to the object specified in the application and the land is suitable for the purpose contemplated o For the exclusive use of applicant o Description and location of the land o Occupancy. use or benefit of the lands of the PD other than timber or mineral lands. cultivation. in any o Allegation that the land is not timber or mineral land and does not contain deposits of salt or coal.

fixed residence of the head of a family with the land and buildings surrounding main house. o the home farm.  If the mortgagor failed to exercise the right . the house and the adjoining land where the head of the family dwells.  Rural bank of Davao vs CA. he or his heirs may repurchase the property within 5 years from the date of sale not from the date of registration at the ROD. 1993  The mortgagor may redeem the property within 2 years from the date of foreclosure.  If he fails to do so. o If validly mortgage to a rural bank  5 year period to commence to run after the expiration of the 2 year period redemption allowed under Rural Banks Act.  The 5 year period to be reckoned from the date of expiration of the one year period.Mode 1  Homestead o It is a home.  Statutory privileges accorded to Homestead land o Exempt from execution o Cannot be held liable for the satisfaction of an obligation within 5 years from issuance of patent o If validly mortgage under act 3135  Right of redemption  The mortgagor may redeem the property within 1 year from the registration of the certificate of sale.

 His non-continuance is of no fault of his own.  Continuous residency in the same municipality where homestead is located or in adjacent municipality for at least 1 year. and  Abandonment for more than 6 months at any one time during period of required residency and occupation.  Made to a bona fide purchaser legally qualified to apply homestead. 2001)  the right to retain 7 hectares of land is subject to condition that the landowner is actually cultivating that area or will cultivate upon the effectivity of the law.  Homestead lands are not exempt from coverage of agrarian reform law (Paris vs Alfeche.  Homesteader must have cultivated at least 1/5 of the land within a period of not less than 1 year or more than 5 years from date of approval of application.  Qualification to obtain homestead  FC  18 years or head of the family  Must not own more than 12 hectares of land  Nor has any gratuitous allotment of more than 12 hectares of land o If applicant is married woman  She must be living separately from her husband  Not dependent for support  Her husband is insane or physically incapacitated to work.  Husband is in prison  Mandatory requirements in homestead application  Homesteader must start to improve and cultivate the land within 6 months after the approval.  Conditions before applicant may validly transfer his rights BEFORE the issuance of patent  He has already complied with all the requirements. He or his heirs may still repurchase the property within 5 years from the date of expiration of the 2 year redemption period.  Not for speculative purpose. and  Approved by the BL director  Restrictions: .

     Homestead cannot encumbered or alienated during the period from date of approval up to the date of issuance of patent. or conveyance after 5 years and before 25 years requires approval of the DENR secretary. . Homestead cannot be held liable to the satisfaction of any debt contracted prior to the expiration of said period. Rules on right of redemption/repurchase of homestead land o 5 years  if mortgage or sold to a Private person o 6 years  if mortgaged covered under Act 3135 o 7 years  If mortgaged to a Rural Bank o None  if sold to family member o None  if not devoted for agriculture  patentee is already 71 years old not anymore residing in the property and his motivation for the repurchase was purely for profit. o Period must be reckoned from date of sale or conveyance. Encumbrance or alienation within 5 years from the date of issuance of patent or grant is prohibited.  Exp: improvements or crops on the homestead land Alienation. transfer.

 Within 5 kms from municipal hall or town plaza of any municipality o There must actual occupation on the lands o Total landholdings must not exceed 5 hectares  Excess landholding o Qualified individuals:  The area in excess of 12 hectares o For corporations:  Any land acquired by virtue of foreclosure is deemed in excess of landholding .Mode 2 Sales of Public Agricultural Lands  Qualifications o FC o Legal age or head of the family o Maximum of 12 hectares  Conditions: o ALP must not be located:  Within 10 kms from the boundaries of the city proper in chartered cities.

 certified check  treasury warrant  postal money order o Opening of bids and awarding to the highest bidder  Rules in Bidding o 2 or more highest equal bids  And one belongs to the applicant  Applicant wins o If highest bid is not that of applicant  Oral bidding is called  Instances:  Two or more of such sealed bids turn out to be equal and the highest. and that of the applicant is not one of them  ALP to be sold has been declared to be vacant and no applicant is recognized to have preferential rights over it. Hence. o Posting  in the Bulletin Board of the LMB QC and  in 3 conspicuous places in the provincial capitol and the municipal hall where the the land is situated o Submission of bids in sealed envelope  Addressed to the BL Director  together with the 10% amount of the bid in  cash. . must be disposed of within 5 years  Procedure in Sale of ALP o Filing of application o Appraisal conducted by the BL director and approved by the DENR secretary o Publication of the notice of sale  Once a week for 3 consecutive weeks in the OG and  2 newspapers  One published in Manila and  Other municipality or province where the land is situated.  And highest oral bidder wins o In all instances  Applicant is given the option to equal the highest bidder.

the land may be reverted and all prior payments forfeited.  Valid conveyance of land prior to issuance of sales patent o Sec 29 allows applicant to convey or encumber his rights after cultivation has started o Conditions:  It does not affect the interest of the government  Transferor is not delinquent in paying the installment due  There must be prior approval of the DENR Secretary. Payment o May be in FULL or o In 10 equal annual installments  Reckoned from the date of the award  Overdue installment is subject to 4% interest  Requisites before sales patent is issued o he must have occupied the land applied for.  Without approval violates sec 29  The effect is annulment of the sales application as if none had been filed. o when the application is for pasture  he must have grazed on the land with his own cattle numbering at the rate of one head for every 2 hectares. o he must have cultivated at least 1/5 of the land within 5 years after the date of the reward. o Is not allowed in homestead  A homestead applicant is required by law to occupy and cultivate the land for  his own and  his family benefit. failure to comply or any voluntary abandonment for more than one year at any given time. consisting oh his duly approved sales application and another contributes his labor and money to finalize the cultivation of same land a joint venture or partnership is formed under A 1767 of CC. Joint venture o is allowed in sale of public land  Barreo v Rivera  Where one person contributes his capital. and  not for the benefit of someone else.  If homesteader occupies and cultivates the land on behalf of another person and obtains title on the understanding that a portion would be transferred to him  .

o After the grant of title  Subsequent transfer within 10 years from grant or cultivation is not valid without consent from the State.  When land becomes of private ownership o it is only upon issuance of the sales patent that the Government is divested with its title. employee. o Mineral deposits not included in conveyance.o It is invalid.  Restrictions in sale of public land o Survey plan must be made before issuance of sales patent. o Approval of the application merely authorizes applicant to take possession of the land in order for him to comply with the requirements set by law o Meanwhile the government still remains the owner  The application can be cancelled if it shown the requirements are not complied with. etc of a corp/assn already holding ALP may not apply for lease of such land. hence bars issuance of the patent. o Subject to ROW not exceeding 60m in width for public highways. o He cannot render decision annulling the sales patent since annulment is a judicial process. stockholder. irrigation canals. Mode 4 Lease of ALP  Qualifications: o FC of legal age (500 hectares) o Private corporation or association registered under the laws of the Phils whose capital stock of at least 60% is owned by the Filipinos (1000Hec)  Limitations: o Any officer. railroad.  In case it may be allowed  It must be necessary to carry out on his business  Procedure in Sale of ALP o Filing of application . o Land subject to legal servitudes.  Annulment of Patent o Director of lands can investigate violations even while the patent and corresponding title have already been issued.

annual rental must not be less than 2%.  Conditions in lease of ALP o Rental:  To be paid in advance starting from the date of approval of the lease  subject to automatic increase if the rent falls below 3 % in case of re-appraisal o Period:  25 years  Renewable for another 25 years  Extension is not a matter of right. .  certified check  treasury warrant  postal money order o Opening of bids and awarding to the highest bidder  No bid will be considered o If proposed rent is less than 3% of the appraised value of the land o The bidder did not deposit rental equivalent to at least the first 3 months of the lease.o Appraisal conducted by the BL director and approved by the DENR secretary o Publication of the notice of sale  Once a week for 3 consecutive weeks in the OG and  2 newspapers  One published in Manila and  Other municipality or province where the land is situated. o Posting  in the Bulletin Board of the LMB QC and  in 3 conspicuous places in the provincial capitol and the municipal hall where the the land is situated o Submission of bids in sealed envelope  Addressed to the BL Director  together with the 10% amount of the bid in  cash. o If the land applied for is for grazing.  Lessee must justify the extension by showing he has introduced important improvements on the leased land o Cultivation:  Applicant must have broken and cultivated at least 1/3 of the land within 5 years from approval.

It is not necessary to register the lease contract. coal. or sublet his right over the leased land without approval from the DENR secretary. o The leased land is subject to the same conditions and restriction imposed on sale of ALP regarding taxes. o Reason: to avoid speculation purposes or situation where the land is used by other persons not legally qualified to lease ALP. salts or other minerals including medicinal mineral waters. o He is considered a party interest entitled to file opposition for registration of the same land.   Preference of lessee to buy leased land.  Publication of notice: . easements. oil. 1966)  Breach thereof by the lessee the gov’t may declare the lease forfeited and take possession of the premises and all improvements thereon. encumber. stone. o Lessee cannot remove or dispose of any valuable timber. servitudes. the Bureau of Lands. Lessee has legal standing to oppose registration of ALP. o Law contemplates are those transfers of ownership not documents transferring mere possession. Restrictions: o Lessee cannot assign. mines and water rights. 2020 o Where to file:  RTC in the province or city where the land lies o Procedure:  notice of the application with the survey plan must be furnished to the OSG.  Mode 4 Confirmation of imperfect or incomplete title  Judicial legalization o When to file:  until dec 31. o Lessee cannot sublease the improvements on the land without consent from the government (Barach Motors vs Universal Trading.

o Those who by themselves or through their predecessors-in-interest have been in open. and  Applicant does not risk losing his property o PLA  land applied for presumed to belong to the State and applicant is claiming it by virtue of OCEN possession amounting to imperfect title. 1945. immediately preceding the filing of the application of confirmation of title  EXP when prevented by war or force majeure.     Person entitled to Judicial legalization o Those who prior to the transfer of sovereignty from Spain to the US have applied for the purchase. QC  and in 3 conspicuous places in the provincial capitol and the municipal hall where the land is situated.  Dismissal may be with or without prejudice to refilling. the application has jurisdiction and power to adjudicate the land in favor of the conflicting claimants  if none is entitled land is declared in favor of the Gov’t  applicant runs risk of losing the land applied for without opportunity of refilling the application. 1945.  in court hearing.initial hearing once a week for 3 consecutive weeks in the OG and 2 newspapers  one published in Manila  and other in the municipality or province where the land is situated posting in the Bulletin Board of the LMB. exclusive and notorious possession and occupation of the AL of the public domain  Under a bona fide claim of acquisition of ownership since JUNE 12. continuous. .  Registration under LRA vs PLA o LRA  Presumption that title already exists and the court is there only to confirm.  These shall be conclusively presumed to have performed all the conditions essential to a Government grant o Members of the national cultural minorities o Who by themselves or through their predecessors-in-interest have been in OCEN possession and occupation of lands of the public domain since June 12.

 Administrative Legalization/ free patent o Person entitled:  Natural born Filipino  Not owner of more than 12 hectares  In OCEN possession of the land since july 4.  Procedure: o Filing of application with Bureau of Lands  Accompanied by map and technical description of the land and affidavits subscribed by two disinterested persons residing the same municipality or barangay where the land lies. his heirs within 5 years from date of sale.  Restrictions: o Land cannot encumbered or alienated within 5 years from the date of issuance  Except in favor of the government or its instrumentalities. mineral or agricultural o Reclaimed lands . Prescription: o 30 years in possession without title and in bad faith o In ALP possession must be traced since June 12. o Improvements or crops not covered o After 5 years the land may be alienated without need of approval from the DENR. o the patent and torrens title issued are nullity. o Any alienation is subject to right of repurchase by the patentee.  Posting of notices in conspicuous places  in the provincial capital  the municipality and barangay where the land is situated for 2 consecutive weeks  action to the BL o when free patent becomes final and conclusive: o GR: 1 year after issuance of the free patent  Title becomes indefeasible and inconvertible o EXP: where the land granted is not part of the public domain but private land. 1945.  Alienable Public Lands other than timber. 1945  Has paid real estate taxes on the property for the same period and the land has not been occupied by other person.

.o Foreshore o Marshy land or land covered with water bordering upon the shores or banks of navigable lakes or rivers and o Other lands not included in above classification. commercial.  The foregoing may be disposed of for residential. industrial or other productive purposes.