18-108666

1. No, the defense of the Bureau is not tenable. In Section 16, Article II of the 1987
Constitution “the State shall protect and advance the right of the people to a balanced
and healthy ecology in accordance with the rhythm and harmony of nature.” In the case
of Oposa v. Factoran, ABC Association has the cause of action and could file a class
suit for themselves, others of their generation and the next generations to come.
2.
a. Agricultural, forest or timber, mineral lands and national parks. (Section 3, Art. VII)
b.
3.
a. The Bureau shall have jurisdiction and authority over all forest land, grazing
lands, and all forest reservations including watershed reservations presently
administered by other government agencies or instrumentalities.
b. Land Title Registration
c. No, the petition for registration filed by E will not prosper. In the case of Director
of Forestry v. Munoz
4.
a. Unlawful possession of implements and devices used by forest officers
b.
5.

a. Judicial mechanism is the power of

8.
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. Any party who disagrees with the decision may bring the matter to the court of proper
jurisdiction for final determination of just compensation. (Chapter 5, RA. No. 6657)
10. Under Section 103 Theft Minerals Any person extracting minerals and disposing the
same without a mining agreement, lease, permit, license, or steals minerals or ores or
the products thereof from mines or mills or processing plants shall, upon conviction, be
imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos
(P10,000.00) to Twenty thousand pesos (P20,000.00) or both, at the discretion of the
appropriate court. In addition, he shall be liable to pay damages and compensation for
the minerals removed, extracted, and disposed of. In the case of associations,
partnerships, or corporations, the president and each of the directors thereof shall be
responsible for the acts committed by such association, corporation, or partnership.
11.
a. ABC co. may file a petroleum concession in the disposition of the National Reserve
Areas and in case of conflicts of application for concession, the Secretary of Agriculture
and Natural Resources may add. (Art. 16, RA 387)
b. No. In the case of La bugal B’laan v. Ramos the Supreme Court ruled that Sec. 3(aq)
paragraph 2 unconstitutional because it contravenes the provision of the Constitution
specifically Sec. 2 Art. 12 and in sec. 3(aq) of RA 7942 it states that qualified person
means any citizen of the Philippines with capacity to contract, or a corporation,
partnership, association, or cooperative organized or authorized for the purpose of
engaging in miring, with technical and financial capability to undertake mineral
resources development and duly registered in accordance with law at least sixty per
centum (60%) of the capital of which is owned by citizens of the Philippines: Provided,
That a legally organized foreign-owned corporation shall be deemed a qualified person
for purposes of granting an exploration permit, financial or technical assistance
agreement or mineral processing permit.
12. Under Section 19 of RA No. 7942, Areas closed to mining operations are:
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.
c. 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 water is the area which extends up to 12 miles from the baseline of a
country’s coastal state. It is under the jurisdiction of a particular country however,
foreign ships (merchant and military) are allowed passage through it.
b. Contiguous Zone refers to water, sea bottom and substratum measured 24 nautical
miles seaward from base line of the Philippine archipelago.
c. "Exclusive economic zone" means the water, sea bottom and subsurface measured
from the baseline of the Philippine archipelago up to 200 nautical miles offshore.
d. Patrimonial Properties are former properties of the public dominion that are no longer
intended for public use or public service.
e. National park 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, the natural and historic objects and the wild
animals or plants therein, and to provide enjoyment of these features in such a manner
as will leave them unimpaired for future generations.