2. INVENTARIO
2.1. DESCRIPCIÓN DEL MONTE
2.1.2. ESTADO NATURAL
2.1.2.3. Características del clima
XIX. CENTRAL MONETARY AUTHORITY
(Section 20)
XX. FOREIGN LOANS (Section 21)
XXI. PENAL SANCTIONS (Section 22)
I. Goals of National Economy
Section 1. The goals of the national economy are a more
equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the under-privileged.
The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be
encouraged to broaden the base of their ownership.
A. Threefold goal of the national economy
1. More equitable distribution of wealth;
2. Increase of wealth for the benefit of the
people;
3. Increased productivity.
B. National Policy on Industrialization and Agricultural Development
What is envisioned is not necessarily agriculturally related industrialization but rather industrialization that is a result of releasing through agrarian reform capital locked up in land. Therefore, this does not mean a hard-bound rule that agricultural development must have priority over industrialization. What is envisioned is a flexible and rational relationship between the two as dictated by the common good.183
C. Meaning of the Phrase “UNFAIR FOREIGN COMPETITION AND TRADE PRACTICES”
The phrase is not to be understood in a limited legal and technical sense but in the sense of anything that is harmful to Philippine enterprises. At the same time, however, the intention is not to protect local inefficiency. Nor is the intention to protect local industries from foreign competition at the expense of the consuming public.184
D. De-classification of forests reserves
The law on forest reserves was amended by Prsidential Decree No. 643 dated 17 May 1974. Whereas under previous law the concurrence of the National Assembly was needed to withdraw forest reserves found to be more valuable for their mineral contents than for the purpose for which the reservation was made and convert the same into non-forest reserves, legislative concurrence is no longer needed. All that is required is a recommendation from the DENR Secretary indicating which forest reservations are to be withdrawn.185
An unclassified forested area may not be acquired by continuous possession since it is inalienable.186
183 Bernas Primer at 453 (2006 ed.) 184Bernas Primer at 454 (2006 ed.)
185 Apex Mining v. Soutneast Mindanao Gold, G.R. No. 152613 &
No. 152628, June 23, 2006.
186
Republic v. Naguiat, G.R. No. 134209. January 24,
II. Natural Resources/Regalian Doctrine
Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co- production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty- five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.
A. Regalian Doctrine [Jura Regalia]
“The universal feudal theory that all lands were
held from the Crown” ( Carino v. Insular
Government, 1909)
(Recognized in the 1935, 1973 and 1987 Constitutions; As adopted in a republican system, the medieval concept of jura regalia has been stripped of regalia overtones: ownership is vested in the State, not in the head of the State. (Lee Hong Kok v. David, 48 SCRA 372)187
187 Antonio Nachura, Outline on Political Law, 356 (2006)
B. Consequence of the Regalian Doctrine in Section 2
Any person claiming ownership of a portion of the public domain must be able to show title from the state according to any of the recognized modes of acquisition of title. (Lee Hong Kok v. David, 48 SCRA 372)
Q: When the regalia doctrine was introduced into
the Philippines by colonizers, did the colonizers strip the natives of their ownership of lands?
A: No. “When as far back as testimony or memory
goes, the land has been held by individuals under a claim of private ownership, it will be presumed that to have been held in the same way from before the Spanish conquest, and never to have been public land.” (Carino v. Insular Government, 1909)
C. Imperium and Dominium
In public law, there exists the well-known distinction between government authority possessed by the State which is appropriately embraced in sovereignty, and its capacity to own or acquire property. The former comes under the heading of
imperium, and the latter of dominium. The use of
the term dominium is appropriate with reference to lands held by the State in its proprietary character. In such capacity, it may provide for the exploitation and use of lands and other natural resources, including their disposition, except as limited by the Constitution.188
D. Limits Imposed by Section 2 on the Jura Regalia of the State.
1. Only agricultural lands of the public domain may be alienated.
2.
The exploration, development, and utilization of all natural resources shall be under the full control and supervision of the State either by directly undertaking such exploration, development, and utilization or through co- production, joint venture, or production-sharing agreements with qualified persons or corporations.3. All agreements with the qualified private sector may be for only a period not exceeding twenty- five years, renewable for another twenty-five years. (The twenty-five year limit is not applicable to “water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power,” for which “beneficial use may be the measure and the limit of the grant.”)
4. The use and enjoyment of marine wealth of the archipelagic waters, territorial sea, and exclusive economic zone shall be reserved for Filipino citizens. (It would seem therefore that corporations are excluded or at least must be fully owned by Filipinos.)
5.
Utilization of natural resources in rivers, lakes, bays, and lagoons may be allowed on a “small scale” Filipino citizens or cooperatives- with priority for subsistence fishermen and fishworkers. (The bias here is for the protection of the little people.)189E. Cases on Regalian Doctrine
Sunbeam Convenience Food v. CA, 181 SCRA 443: “We adhere to the Regalian Doctrine where
all agricultural, timber and mineral lands are subject to the dominion of the State.” Thus, before any land may be classified from the forest group and converted into alienable or disposable land for agricultural or other purposes, there must be a positive act from the Government. The mere fact that a title was issued by the Director of Lands does not confer ownership over the property covered by such title where the property is part of the public forest.