2018104551

1. No. According to the case of Oposa vs. Factoran, Article II Section 16, the State
shall protect the right of the people to a balanced and healthful ecology. In this case, it
was mentioned that the right to a balanced and healthful ecology carries with it the duty
to refrain from impairing the environment. Thus, it gives rise to a cause of action to cancel
all the timber license issued.
2.
a. According to the Revised Forestry Code or PD No. 705, the classification of lands
of the public domain are:
 Alienable and disposable
 Forest Lands
 Mineral Lands
 National Park

b. The government’s contention shall prevail. According to the case of the Republic
vs. Rev. Cortez, simple acquisition of the land for 30 years does not equate to acquiring
of ownership. It is also stated that in order to prove that the land is alienable, there should
be an existence of a presidential proclamation or an executive order, an administrative
action or a legislative act declaring that the said land as alienable and disposable must
be established.
3.
a. According to Section 6 Commonwealth Act no. 141, the President has the authority
to classify and/or transfer classification of land.
b. Property Registration Decree or PD 1529 tackles the Torrens system which deals
with bringing into the system alienable and disposable lands and private lands.
c. No. According to the case of Heirs of Amunategui vs. Director of Forestry, forested
area which is classified as a forest land does not lose such classification simply because
loggers cleared off every tree. Thus, the land is still considered a forest land despite there
being not one single tree.
4.
a. The two offenses punishable under Section 77 of PD 705 are:
 Cutting, gathering, collection and removal without authority
 Possession without legal documents
b. Yes. According to Section 77 of PD 705, any person who shall cut, gather, collect
or possess timber without authority shall be punished with the penalties under Articles
309 and 310 of the Revised Penal Code.
5.
a. According to Section 80 of PD 705, Administrative confiscation is where an
employee of the Bureau shall arrest even without warrant any person who has committed
or is committing an offense, and shall also seize and confiscate the tools and equipment
used.
b.
6.
7.
a.
b.
8.
a. According to Section 77 of Republic Act 7942, panel of arbitrators shall have exclusive
and original jurisdiction on the following:
 Disputes involving rights to mining areas
 Disputes involving mineral agreements or permits
 Disputes involving surface owners, occupants and claimholders
 Disputes pending before the Bureau and the Department
b.
9.
a.
b.
10.
11.
a. According to Article 6 of Republic Act no. 387, granting of concession is
discretionary with the government.
b. No. According to the Constitution, the 60 40 rule must be established. Only 40
percent is to be owned by foreigners but with the given situation, there are more
investment from the foreign Chinese citizens.
12. According to Section 19 of the Philippine Mining Act, the following areas are closed
to mining:
 In military and other government reservations, except upon prior written clearance
by the government agency
 In areas covered by valid and existing mining rights
 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
13.
a. According to Article 2 of UNCLOS III, territorial waters are 12 nautical miles from
the baseline wherein the states exercise their sovereignty.
b. According to Article 33 of UNCLOS III, the contiguous zone is 24 nautical miles
from the baseline, the state has jurisdiction to enforce customs, fiscal, immigration and
sanitary laws.
c. According to Article 77 of UNCLOS III, exclusive economic zone is 200 nautical miles
from the baseline, for the state to exploit the living and non-living resources.
d. According to
e. According to the Revised Forestry Code, national parks refer to a forest land
reservation of primitive or wilderness character which has been withdrawn from the
settlement or occupancy and set aside exclusively to preserve the scenery.