Programa Beto a Saber – Turismo de vacunas en Chile

!)'" Who may participate in the exploration, development, and utilization

of natural resources other than agricultural land?

Only Filipinos and Filipino corporation may engage in the

development and utilization of these natural resources. Forty percent FOREIGN capitalization still considered Filipino corporation on the ground of the need for capital in an area of high risk.

If natural resources, except agricultural land, cannot be alienated, how may they be explored, developed, or utilized?

1987 Constitution no longer speaks of “grant, lease, or concession” but of either direct undertaking of activities by the State or “co- production, joint venture, or production-sharing agreements” with the State and all “under the full control and supervision of the State.”

LIMITATIONS:

1. Agreements for the exploitation of natural resources – only 25 years

2. The use and enjoyment of the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone are reserved for the exclusive use and enjoyment of “Filipino citizens,” that is Filipino natural persons.

3. Provision made in favor of subsistence fishermen and fish workers-in harmony with the provision on Social justice; small- scale=single proprietorships

4. Limitation on service contracts- “accdg. to the general terms and conditions prescribed by law, based on real contributions to the economic growth and general welfare of the country”; President must report to Congress every contract he enters into;

agreements only for “technical and financial assistance”; only in relation to “large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils”

Sec. 3

Classification of Lands of Public Domain 1. Agricultural

% Agricultural Lands of the public domain may be further classified by law according to the uses to which they may be devoted

2. Forest or Timber 3. Mineral Lands 4. National Parks Who classifies lands?

The classification of public lands is an exclusive prerogative of the Executive department of the government and the not of the Courts. (Director of Lands vs. Court of Appeals)

The Executive’s power is exclusive BUT not inherent. It is a delegated power given to him by CA No. 141

% Classification is descriptive of the legal nature of the land and not what it looks like

% Classification must be categorical: that is, land is either COMPLETELY agricultural or COMPLETELY mineral or COMPLETELY forest or park.

RULES ESTABLISHED IN SEC. 3:

1. Only agricultural lands of the public domain may be alienated 2. Only public corporations and qualified individuals may acquire

alienable lands of the pubic domain. Private Corporations can hold alienable lands of the public domain only by lease.

When land ceases to be of the public domain and commences to be private?

• MERALCO vs. Judge Bartolome – act which segregates the lot from the public domain is the actual grant of title. • Herico vs. Dan – the document, be it patent or Torrens title,

which evidences ownership is precisely that, evidence of ownership; it does not grant ownership. The acquisition of ownership, from the tenor of jurisprudence, antedates the issuance of ownership.

• Lauson Ayog vs. Judge Cusi – where the applicant, before the constitution took effect, had fully complied with all his obligations under the Public Land Act in order to entitle him

!)(" to a sales patent, there would seem to be no legal or

equitable justification for refusing to issue or release the sales patent

• Director of Lands vs. Intermediate Appellate Court-

alienable land held by a possessor, personally or through his predecessors-in-interest, openly, continuously and

exclusively for the prescribed statutory period (30yrs) is converted to private property by the mere lapse or completion of said period, ipso jure.

3. Size of the land which may be acquired by individuals or leased by individuals or corporations

Private Corporations – allowed to lease no more than 1,000 hectares Individuals – allowed to:

a. lease up to 500 hectares b. acquire up to 12 hectares

4. Limits the discretion of Congress to open public lands for lease or acquisition

The discretion to determine how much of alienable public land may be opened to private acquisition or lease is given to Congress – but subject to the “requirements of conservation, ecology, and

development, and subject to the requirements of agrarian reform.” Sec. 4 (Forest land and parks)

% Discretion is given to Congress about what should be done in terms of delimiting areas and time limits for exploitation % Once forest lands are converted into parks, logging may no

longer be permitted in the area % Reclaimed land is public land Sec. 5

Ancestral Domain – an all-embracing concept which refers to lands, inland waters, coastal areas, and natural resources therein and

includes ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable or not, hunting grounds, burial grounds, worship areas, bodies of water and other natural resources.

Ancestral Land- refers to those held under the same conditions as ancestral domain but limited to lands that are not merely occupied and possessed but are also utilized by cultural communities under the claim of individuals or traditional group ownership

% For the purpose of protecting indigenous cultural

communities, the provision in effect authorizes Congress to prescribe how priorities are to be determined in case of conflict between civil and customary law.

% CRUZ vs. Secretary- with a vote of 7-7, it meant that the validity of RA 8371 (IPRA)

Sec. 7

PRIVATE LAND- any land of private ownership; includes both lands owned by private individuals and lands which

are patrimonial property of the State or of municipal corporations

% The capacity to acquire private land is made dependent upon the capacity to acquire or hold lands of the public domain. % The time to determine whether the person acquiring land is

qualified is the time the right to own it is acquired and not the time to register ownership

% EXCEPTION: ALIENS MAY ACQUIRE PRIVATE LAND “IN CASES OF HEREDITARY SUCCESSION” % FILIPINO PRIVATE CORPORATIONS CAN

ACQUIRE PRIVATE LANDS. IN THE ABSENCE OF