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1. No, according to Article II, Section 16 of the Philippine Constitution states that
"the State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature."
In this case ABC Association has no collaborative with DENR which is
In the case of oposa v. factoran, the right of the petitioners (and all those they

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represent) to a balanced and healthful ecology is as clear as the DENR's duty
under its mandate and by virtue
of its powers and functions under E.O. No. 192 and the Administrative Code of
1987 to protect and advance the saidright.
A denial or violation of that right by the other who has the corelative duty
obligation to respect or protect the same gives rise to a cause of action. "The
right to a balanced and healthful ecology carries with it the correlative duty to
refrain from impairing the environment . . . The said right implies, among other
things, the judicious management and conservation of the country's forests."
 2.

2 a. Section 3 of Article XII on National Economy and Patrimony of the 1987

Constitution classifies lands of the public domain into four categories: (a)
agricultural, (b) forest or timber, (c) mineral lands, and (d) national parks.

b. Since the Palaui Island is not part of the public domain and it is a part the
religious congregate in the case of Republic v. Rev. Cortez, Rev. Cortez
assails that he has been in possession of a land located in Palaui Island,

1 used as orphanage and other missionary purposes, since 1962. He

claims ownership by possession of 30 years. President Marcos issued
two proclamations involving Palaui Island, one for military reservation
another for marine reserves. Rev. Cortex filed a petition for prohibition
against the Constabulary for alleged prevention of their rights over the
property.

Jus possessionis or possession in the concept of an owner is one of the two

concepts of possession provided under the Civil Code. Also referred to as
adverse possession, this kind of possession is one which can ripen into
ownership by prescription. A possessor in the concept of an owner has in his
favor the legal presumption that he possesses with a just title and he
cannot be obliged to show or prove it. It must be emphasized, however, that
only things and rights which are susceptible of being appropriated may be the
object of possession. The following cannot be appropriated and hence,
cannot be possessed: property of the public dominion, common
things (res communes) such as sunlight and air, and things specifically
prohibited by law.
 3.
a. the president delegated To the DENR secretary, among others the power tp classify
0 unclassified lands of the public domain that are needed for forest purposes as
permanent forest to form part of the forest reserves.
 4.
a. the Revised Forestry Code
0 1) The multiple uses of forest lands shall be oriented to the development and progress
requirements of the country, the advancement of science and technology, and the
public welfare;
2) Land classification and survey shall be systematized and hastened;
3) The establishment of wood-processing plants shall be encouraged and rationalized;
and
4) The protection, development and rehabilitation of forest lands shall be emphasized
so as to ensure their continuity in productive condition. (Sec. 2, PD 705).
b.
 12.
a. reservations for the military and other government agencies, except upon prior written

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clearance by the government agency concern (b) near under public or private buildings,
cementeries, archeological ang historic sites, bridge, highways, railroads, reservoirs,
dams or other infrastructure project. (c) in areas covered in small scale miners, in which
case a royalty payment upon the utilization of mineral shall be agreed upon byt the
paties
 13.
1. Territorial waters The term territorial waters is sometimes used informally to refer to
0 any area of water over which a state has jurisdiction, including internal waters, the
territorial sea, the contiguous zone, the exclusive economic zone and potentially the
continental shelf.
2. The contiguous zone is a band of water extending farther from the outer edge of the
territorial sea to up to 24 nautical miles (44.4 km; 27.6 mi) from the baseline, within
2 which a state can exert limited control for the purpose of preventing or punishing
"infringement of its customs, fiscal, immigration or sanitary laws and regulations within
its territory or territorial sea".
3. exclusive economic zone (EEZ), as prescribed by the 1982 United Nations

2 Convention on the Law of the Sea, is an area of the sea in which a sovereign state has
special rights regarding the exploration and use of marine resources, including energy
production from water and wind. It stretches from the baseline out to 200 nautical miles
(nmi) from the coast of the state in question.
4. Patrimonial property is that owned by the State over which it has the same rights as
2 private individuals in relation to their own property. Patrimonial property is one owned by
the State in its private capacity.
The State's patrimonial property is subject to the administrative laws and regulations on
the procedure of exercising such rights. Examples of this are friar lands, escheated
properties and commercial buildings.
5. national park, an area set aside by a national government for the preservation of the
2 natural environment. A national park may be set aside for purposes of public recreation
and enjoyment or because of its historical or scientific interest. Most of the landscapes
and their accompanying plants and animals in a national park are kept in their natural
state.