San Beda University, College of Law

Subject: Nat Res and Envi Law

Topic: Section 3,2nd par and Section 4
Prof: Comm Soriano
Date: 21 August 2019
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Section 3, 2nd par, Article XII

“Taking into account the requirements 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 thereof”

The second paragraph of Section 3 provides that taking into

account the requirements of conservation, ecology, development, and
subject to the requirement 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

The purpose of the second paragraph is that, it is an authority

given to Congress the discretion to determine the size of lands of the
public domain, which may be acquired, developed, held, or leased by
qualified Filipino citizens, and provide the conditions thereof, in relation
to the preceding paragraph giving the authority to Congress to classify
lands according to the uses to which they may be devoted

In relation to the preceding paragraph, Congress has no authority

over the mineral land, forest or timber, or the national parks. However,
the second paragraph confer unto the Congress the discretion to
determine how much of alienable land of the public domain may be
opened to private acquisition, for development, held, or leased, and
provide the conditions thereof

In other words, there must first be an executive act classifying the

land into an agricultural land and then Congress may now exercise its
authority to further classify lands according to its use and determine the
minimum and maximum area that may be acquired, developed, held or
leased by qualified individuals or private corporations

N.B. - Please take note that in the 1973 Constitution, particularly,

Section 10 of Article XIV, lands of the public domain are classified into
agricultural, industrial, commercial, residential, resettlement, mineral,
timber, forest, and grazing lands

Section 8, Article XIV, aside from agricultural land, industrial,

commercial, residential, and resettlement lands of the public domain,
may be alienated
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Section 10 also authorizes Congress to further classify lands of the

public domain, as well as, the authority to determine the size of lands of
the public domain which may be developed, held, acquired, or leased to
any qualified individual, corporation, or association, and the conditions
thereof

In the 1973 Constitution, the Batasang Pambansa may further

classify almost all classes of lands of the public domain and therefore
the authority to determine the size of lands to be disposed serves as a
limit to their authority

In the 1935 Constitution, particularly, Section 2, Article XIII,

private corporations or associations are qualified to acquire or lease
public agricultural lands not to exceed One Thousand and Twenty Four
Hectares

And, any individual may purchase agricultural land not to exceed

One Hundred Forty Four Hectares, and lease not to exceed One
Thousand and Twenty Four Hectares, or by homestead not to exceed
Twenty Four Hectares

Section 3 authorizes Congress to determine the size of private

agricultural land, which individuals, corporations, or associations may
acquire and hold, subject to rights existing prior to the enactment of
such law

Please read:

1) C.A. No. 452 (1939), The Pasture Land Act

2) P.D. No. 619,(December 20, 1974) Authorizing the classification,

reservation and development of any lands of the public domain
into a grazing reserve for large-scale ranching projects

3) Nicasio I. Alcantara vs DENR Secretary Elisea G. Gozun, G.R.No.

161881 (2008)
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Section 4, Article XII –

“The Congress shall, as soon as possible, determine by law

the specific limits of forest lands and national parks, marking
clearly their boundaries on the ground. Thereafter, said forests
land and national parks shall be conserved and may not be
increased nor diminished, except by law. The Congress shall
provide, for such period as it may determine, measures to prohibit
logging in endangered forests and watershed areas”

Section 4 is a new provision, which was not provided in the 1935

and 1973 Constitutions, and we could only guess the intention of the
framers in providing this section and for what purpose

Section 4 deals with two classes of public land, forests and

national parks, of which Congress is given the authority to determine
the limits of forest lands and national parks, and once determined and
boundaries are clearly marked on the ground, the same shall be
conserved, however, the limits may be increased or decreased by
Congress as they deemed necessary

The last sentence “the Congress shall provide measures to

prohibit logging in endangered forests” taken in relation to the
preceding sentence would mean that after the Congress has set the limit
of the forest lands and the national parks, exploitation of the forest land
outside of the limit set by Congress is allowed

The authority of Congress to increase or decrease the boundaries

of the forest lands and national parks would mean that Congress has the
discretion to determine the area that may be declared as “an
endangered forests” and therefore, Congress may prohibit logging
inside the endangered forests but allow logging outside of the
endangered forests area

N.B. – On January 14, 1963, President Diosdado P. Macapagal issued

Executive Order No. 30, establishing the National Parks Development
Committee, a government agency under the Officer of the President, is
tasked to oversee national parks in the Philippines, now attached to the
Department of Tourism
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On October 13, 1999, President Joseph Ejercito Estrada issued

Executive Order No. 160, reorganizing the composition of the
Committee and designating the Secretary of the Department of Tourism
as the Chairman, the Executive Director as Vice Chairman, Members of
the Board are the General Manager of the Philippine Tourism Authority,
Administrator of Intramuros, Mayor of the City of Manila, Executive
Director of the Philippine Convention and Visitors Corporation, and the
Undersecretary of Public Works

National Parks – Rizal (Luneta), Paco Cemetery, Burham, Quezon

Memorial Circle, Pook ni Maria Makiling, Mabing Shrine, House of Emilio
Aguinaldo in Kawit, Cavite, House of Jose Rizal in Calamba, Laguna, etc

Please read:

1. Act No. 3195, National Parks System (1932)

2. R.A. No. 7586, National Integrated Protected Areas System Act of

1993 (June 1, 1992)

3. R.A No. 11038, Expanded National Integrated Protected Areas

System Act (June 22, 2019)

4. R.A. No. 9486, (June 7,2007)

5. R.A. No. 9494, (August 22, 2007)

6. List of Protected Areas of the Philippines, en.wikipedia.org