2018-108675

1. No, According to Oposa v. Factoran, The right to a balanced and healthful ecology
carries with it the correlative duty to refrain from impairing the environment. Thus, the
right of the petitioners (and all those they represent) to a balanced and healthful ecology
is as clear as the DENR’s duty under it’s 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 said right. A denial or violation of that right by the other who has the
correlative duty or obligation to respect or protect the same gives rise to a cause of
action.
2. a. According to Section 3, Article XII of the Constitution:
Lands of the public domain are classified into,
1) Agricultural;
2) Forest or timber;
3) Mineral; and
4) National parks.

b. According to Republic v. Rev. Cortez, 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 stature declaring the land as
alienable and disposable must be established.
3. a. According to Section 6 of Commonwealth Act 141, The Governor-General (now the
President), upon the recommendation of the Secretary of Agriculture and Natural
Resources, shall from time to time classify the lands of the public domain.
b. According to Property Registration Decree (PD 1529), it introduces and strengthens
the Torrens System. It deals with bringing into the “the system” alienable and
disposable lands and private lands.
c. No, According to Heirs of Amunategui v. Director of Forestry, A forested are 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.
4. a. According to Sec. 77 of PD 705, there are two acts punished;
a) Cutting, gathering, collection and removal without authority; and
b) Possession without legal documents.

b. Yes. According to Section 77, Any person who shall cut, gather, collect, removed
timber or other forest products from any forest land, or timber from alienable or
disposable public land, or from private land, without any authority, or possess
timber or other forest products without the legal documents as required under
existing forest laws and regulations, shall be punished with the penalties imposed
under Articles 309 and 310 of the Revised Penal Code.
5. a. According to Section 80, PD 705 where Bureau employees can seize, in the name
of the government, tools and equipment used in the commission of the
crime. Judicial confiscation, on the other hand, is a judicial process in
which the court has the authority to order and confiscate instruments and
equipment used in the commission of the crime.
6.
7.
8. a. According to R.A 7942, Section 77;
a. Disputes involving rights to mining areas;
b. Disputes involving mineral agreements or permits;
c. Disputes involving surface owners, occupants and claimholders/concessionaires; and
d. Disputes pending before the Bureau and the Department at the date of the effectivity
of this Act.

b.
9.
10.
11. a. According to Article 19, R.A 387, ABC Co, may file a petroleum consession, 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 over and
above the minimum requirements provided for in this Act.
b. No. According to La Bugal-B’laan, 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. Areas Close to Mining
• Military and other government reservations, unless there is written clearance.
• Areas covered by valid and existing mining rights
• Areas expressly prohibited by law
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 (Art. 33, UNCLOS III)
c. Exclusive economic zone- 200 nautical miles from the baseline; to exploit the living
and non-living resources (Art. 77, UNCLOS III)
d. Patrimonial property of the State- a property owned by the State that is not devoted to
public use, public service or to the development of the national wealth.
(Civil Code, Art. 421)
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. (Revised Forestry Code, PD 705)