Professional Documents
Culture Documents
The fatal error committed by the plaintiff-appellant is that they did not put up any
opposition or adverse claim from all the proceedings in connection to the acquisition of
the lot by the respondent, David. Thereby automatically it come to the operation of RA
496 subject to the safeguards provided under sec 38 of RA 496. Any questions
concerning the validity of the Certificate of Title based on fraud should be raised within
one (1) year from the date of issuance of the patent, which had already prescribed.
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.
average in case the Government or State could have sold the same within the period of
five years.
Since the adoption of the 1987 Constitution up to the present no other law has
been passed by the legislature on the subject matter, it remains to be BP 185, which
grants to natural born Filipino citizen who has lost his citizenship to own a land.
2. LIMITS ON DOMINIUM
a.
Section 2 limits the power of the State to alienate the natural resources of public
domain. Only agricultural lands of the public domain may be alienated. All other
natural resources may not be.
3. EXPLORATION,
RESOURCES
DEVELOPMENT
IN
AND
THEIR
UTILIZATION
EXPLORATION,
OF
INALIENABLE
DEVELOPMENT AND
Only Filipinos and Filipino corporations may engage in the development and utilization of
these natural resources.
See Republic v Quasha 46 SCRA 160, 170 (1972)
Former Scheme
Whenever natural resources are involved, particularly in the case of inalienable natural
resource, the State must always have some control of the exploration, development and
utilization even if the individual or corporation engaged in the operation is Filipino.
See Miners Association of the Philippines v Factoran 240 SCRA 100, 104-106 (1995),
La Bugal Blaan Tribual Assoc. v DENR G.R. No. 127882 December 1, 2004, Republic v
Pagadian City Timber G.R. No. 159308 September 16, 2008.
AGREEMENT FOR EXPLORATION, ETC. OF NATURAL RESOURCES LIMITED TO
FILIPINOS
60% equity requirement agreement for exploration, development and utilization of
any natural resources of the Philippines is limited to citizens of the Philippines or to
corporations or associations at least 60% of the capital is owned by such citizens. The
requirement is intended for the conservation of indigenous natural resources for Filipino
posterity.
Governing Body the participation of foreigners in the governing bodies of public
utilities is limited to their proportionate share in the capital thereof. Such limitation is not
necessary with respect to corporations for the exploration, etc. of any of the natural
resources because the Constitution expressly provides that the activities shall be under
the full control and supervision of the State.
TECHNICAL OR FINANCIAL ASSISTANCE AGREEMENTS WITH FOREIGN OWNED
CORPORATIONS
Conditions The Constitution imposes the following conditions on such agreements
entered into by the President
1. The agreement must involve only either technical or financial assistance.
2. It must be for large scale exploration, etc of minerals, petroleum and other mineral
oils.
3. Its provisions must be according to the general terms and conditions provided by law,
based on real contributions to the economic growth and general welfare of the
country.
4. The President shall subsequently notify Congress of the contract within 30 days from
its execution.
5. The State shall promote the development and use of local scientific and technical
resources.
4. OTHER LIMITATIONS
a. Agreements for the exploitation of the natural resources can have a life of only 25
years.
-
25- year period reasonable time to attract capital, local and foreign and to
enable them to recover their investment and make profit.
Not applicable to water rights for irrigation, water supply, fisheries, or industrial
uses other than the development of water power.
In case of water rights for waterpower, 25 - year limit is applicable.
b. Nations marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone are reserved for the exclusive use and enjoyment of Filipino
citizens.
-
c. 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.
-
Limitations:
1. In accordance with general terms and condition of provided by law.
2. Based on real contribution to the economic growth and general welfare.
3. The President shall notify the Congress of every contract entered into within
30 days from its execution.