2018-108711

1.No, the defense of the Bureau is erroneous. As decided in the case of Oposa v.
Factoran, while the right to a balanced and healthful ecology is to be found under the
Declaration of Principles and State Policies 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
Bill of Rights. The right to a balanced and healthful ecology carries with it the correlative
duty to refrain from impairing the environment, thus, A denial or violation of that right by
the other who has the corelative duty or obligation to respect or protect the same gives
rise to a cause of action.
2.A) Alienable and Non-Alienable.
B.) Government’s contention shall prevail. As decided in the case of Republic v. Cortez,
only things and rights which are susceptible of being appropriated may be the object of
adverse possession or possession by prescription. Property of public domain cannot be
appropriated and hence cannot be possessed, unless the said property has been
classified as alienable and disposable through the existence of a positive act of the
government. Thus, absent an express declaration by the State, the land remains to be
property of public dominion
3.
(A) The Forest Management Bureau shall have jurisdiction and authority over all forest
land, grazing lands, and all forest reservations. (Sec. 5, PD 705)
(B) Through executive act
(C) No, petition of E will not prosper. Court ruled in the case of Heirs of Amunategui v.
Director of Forestry that forested area classified as forest land of the public domain
does not lose such classification simply because loggers or settlers have stripped it of
its forest cover. The classification is merely descriptive of its legal nature or status and
does not have to be descriptive of what the land actually looks like
4.(A) Acts punishable under Sec 77 of PD 705 are
(1)Cutting, gathering, collection and removal without authority; and (2) Possession
without legal documents.
(B) Yes, F is criminally liable. Possession of timber or other forest products without legal
documents is punishable under Section 77 of PD 705. It is immaterial whether the
cutting, gathering etc. are legal or not. Mere possession of forest products without the
proper documents consummates the crime.
5.
6. No, Under Comilang v. Buendia, the right to possess or own the surface ground is
separate and distinct from the mineral rights over the same land. And when the
application for lode patent to the mineral claim was prosecuted in the Bureau of Mines,
the said application could not have legally included the surface ground sold to another
in the execution sale
7.
8. (A) Disputes involving rights to mining areas, disputes involving mineral agreements
or permit, disputes involving surface owners, occupants and
claimholders/concessionaires, disputes pending before the Bureau and the Department
at the date of effectivity of this Act
(B) The Panel of Arbitrators has jurisdiction over the dispute.
11.
(A) In consonance with Article 19, RA 387, ABC Co. may file a petroleum concession in
the disposition of the National Reserve Areas and in case of conflicts of applications for
concessions, the Secretary of Agriculture and Natural Resources may require additional
benefits to the government
(B) Under La Bugal-B’laan case, the Supreme Court held that Section 3 (aq) 2nd par is
unconstitutional because it contravenes the provision of the Constitution specifically
Sec. 2 Art. 12, which provides for the nationalization of mineral resources or the
regalian doctrine. If the foreign companies will be allowed for exploration, technically
they will now be allowed to exploit and commercially disposed minerals provided they
have submitted the work program.
12. (a) In military and other government reservations, except upon prior written
clearance by the government agency concerned
(b) Near or under public or private buildings, cemeteries, archeological and historic
sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure
projects, public or private works including plantations or valuable crops, except upon
written consent of the government agency or private entity concerned
(e) In areas covered by small-scale miners as defined by law unless with prior consent
of the small-scale miners, in which case a royalty payment upon the utilization of
minerals shall be agreed upon by the parties, said royalty forming a trust fund for the
socioeconomic development of the community concerned
13. A. Territorial Waters- 12 nautical miles from the baseline; states exercises
sovereignty (Art. 2, UNCLOS III)
B. Contiguous zone - 24 nautical miles from the baseline; jurisdiction to enforce
customs, fiscal, immigration and sanitation laws (Art. 33, UNCLOS III)
C. Exclusive economic zone - 200 nautical miles from the baseline the to exploit the
living and non-living resources.
D. Patrimonial Properties- – Former properties of the public dominion that are no longer
intended for public use or public service.
E. National Parks- under Section 3(h) of PD No. 705, it refers to a forest land
reservation essentially of primitive or wilderness character which has been withdrawn
from settlement or occupancy and set aside as such exclusively to preserve the scenery