18-105127

1. No. Section 16 Article II of the constitution provides for the right to Balance
Ecology. Oposa vs. Factoran.

Petitioner assert that they represent their generation as well as generations to

come. The Supreme Court ruled that they can, for themselves, for others of their
generation, and for the succeeding generation, file a suit. Their personality to sue
in behalf of succeeding generations is based on the concept of intergenerational
responsibility insofar as the right to a balanced and healthful ecology is
concerned.

Rule 16 of Rules of Court stated that failure to state a cause of action refers to
the insufficiency of the pleading and is a ground for dismissal. However, Section
16 Article II is the exception to that rule for ab initio they are assumed to exist
from the inception of humankind.
2. a. Section 3 Article XII provides that lands of the public domain are classified into
agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the
public domain may be further classified by law according to the uses to which they may
be devoted. Alienable lands of the public domain shall be limited to agricultural lands.
Private corporations or associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed one thousand hectares in area. Citizens
of the Philippines may lease not more than five hundred hectares, or acquire not more
than twelve hectares thereof, by purchase, homestead, or grant.

b. Government. Article 530 of the constitution provides that only things and rights which
are susceptible of being appropriated may be the object of possession.

Father D failed to show the title for that land and relies heavily on his right for
possession. To prove that a land is alienable, the existence of a positive act of the
government, such as presidential proclamation or an executive order; an administrative
action; investigation reports of Bureau of Lands investigators; and a legislative act or a
statute declaring the land as alienable and disposable must be established.

In the case where there is no such proof to show that the subject portion of Palaui
Island has been declared alienable and disposable when Father D started to occupy the
same. Hence, it must be considered as still inalienable public domain. Thus, it cannot
be appropriated for it is not a proper subject of possession.
3. a. Presidential Decree 705 Section 5 stated that the Forest Management Bureau
shall have jurisdiction and authority over all forest land, grazing land, and all forest
reservation including watershed reservations administered by other government
agencies and instrumentalities.

b. Justice Carpio stated that In Republic of the Philippines v. T.A.N. Properties, lnc., this
Court has held that an applicant must present a copy of the original classification
approved by the DENR Secretary and certified as a true copy by the legal custodian of
the official records. Additionally, a certificate of land classification status issued by the
Community Environment and Natural Resources Office (CENRO) or the Provincial
Environment and Natural Resources Office (PENRO) of the DENR and approved by the
DENR Secretary must also be presented to prove that the land subject of the
application for registration is alienable and disposable, and that it falls within the
approved area per verification through survey by the PENRO or CENRO.

c. No. Republic v. CA and Carantes.

There is a big difference between “forest” as defined in a dictionary and “forest or timber
land” as a classification of lands of the public domain in the Constitution. One is
descriptive of what appears on the land while the other is a legal status, a classification
for legal purpose. Cutting down of trees and the disappearance of virgin forest does not
automatically convert the lands of the public domain from forest or timber to alienable
agricultural land.
4. a. There are two punishable acts under Sec. 77 of PD 705. The first one is cutting,
gathering, collection and removal without authority; and the second one is possession
without legal documents.

b. Yes. Under 77 of PD 705 the elements of the second act is when the offender
possess timber or other forest products; and two possessions are not supported by
legal documents. Mere possession of forest products without the proper documents
consummates the crime. Whether or not the lumber comes from legal or illegal source is
immaterial. The second act is considered crimes malum prohibitum, as such criminal
intent is not an essential element.
5. a. Section 77 of PD 705 in judicial confiscation defines that the court shall further
order the confiscation in favor of the government of the timber or any forest products
cut, gathered, collected, removed, or possessed as well as the machinery, equipment,
implements and tools illegally used in the area where the timber or forest products are
found. Section 77-A defines the administrative confiscation as all cases of violations of
this Code or other forest laws, rules and regulations, the Department Head or his duly
authorized representative, may order the confiscation of any forest products illegally cut,
gathered, removed, or possessed or abandoned, and all conveyances used either by
land, water or air in the commission of the offense and to dispose of the same in
accordance with pertinent laws, regulations or policies on the matter.

b. Yes. The Regional Trial Court obtained the jurisdiction over the confiscated vehicle
because the section itself speaks of criminal offense thus the ruling falls under the RTC
jurisdiction.
6. No. Sec. 16. Opening of Ancestral Lands for Mining Operations stated that no
ancestral lands shall be opened for mining operations without the prior consent of the
indigenous cultural community concerned. Even if Mrs. H does not acquire yet the title
to solidify their claims the fact that they are residing in that land since 1930 does not
change the land classification as an ancestral domain.
7. a. Section 103 of Republic Act of 7942 or Theft of Minerals.

b. No. Whether the minerals be legally or illegally sourced does not matter
8. a. 1. Disputes involving rights to mining areas.

2. Disputes involving mineral agreements or permit.

3. Disputes involving surface owners, occupants and claimholders/concessionaires.

4. Disputes pending before the Bureau and the Department at the date of effectivity of
this Act.

b. Panel of Arbitrators because it is a dispute between parties to a contract which is

cover by the number 3. Disputes involving surface owners, occupants and
claimholders/concessionaires.
9. a. Using the power of Eminent Domain and send a notice to Department of Energy.
(PD 1174. Section 16-a)

b. File to Regional Trial Court (Rule 43).

10. File a review to Panel of Arbitrators.
11. a. They should file a petroleum concession in Director of Mines.

b. No. The 60/40 rules must applied. Aside from that, foreigner concession is not
promoted by our law.
12. a. Military and other government reservations, unless there is written clearance.

b. Near or under public and private buildings, cemeteries, archaeological and historic
rites, 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.

c. Areas covered by valid and existing mining rights.

13. a. 12 nautical miles from the baseline; states exercises sovereignty (Art. 2,
UNCLOS III)

b. 24 nautical miles from the baseline; jurisdiction to enforce customs, fiscal,

immigration and sanitation (Art. 33, UNCLOS III)

c. 200 nautical miles from the baseline; the to exploit the living and non-living resources
(Art. 77, UNCLOS III)

d. Patrimonial property is that owned by the State over which it has the same rights as
private individuals in relation to their own property. Patrimonial property is one owned by
the State in its private capacity. Examples of this are friar lands, escheated properties
and commercial buildings.

e. National Parks refers to a forest land reservation essentially of primitive or wilderness

character which has been withdrawn from the settlement or occupancy and set aside as
such exclusively to preserve the scenery, the natural and historic objects and the wild
animals or plants therein, and to provide enjoyment of those features in such a manner
as will leave them unimpaired for future generations.