Environmental Law Notes

CHAPTER 1
OVERVIEW OF INTERNATIONAL COVENANTS,

CONSTITUTIONAL PROVISIONS, LAWS, RULES
AND REGULATIONS ON ENVIRONMENTAL
JUSTICE
INTERNATIONAL
CONVENTIONS
AGREEMENTS
AND
The 1972 Stockholm Declaration

-regarded as the foundation of modern
international environment law, was the first
widely accepted international effort to address
environmental issues.
The 1992 United Nations Conference on the
Environment and Development (UNCED)
-led to the Rio Declaration on the
Environment and Development as well as
AGENDA 21, this generations international
blueprint on environment. Principle 1 of the Rio
Declaration states: Human beings are the
center of concerns for sustainable development.
They are entitled to a healthy and productive
life in harmony with nature.
A historic UN climate conference ended on Dec.
19 2009 with a non-binding Copenhagen
Accord
-a deal short on concrete steps against
global warming, but signaling a new start for
rich-poor cooperation on climate change.
The Manila Declaration on Resources Efficient
and Green Industry
-an initiative which promotes lowcarbon business systems and operations.
-it is a non-binding document, it
outlines the steps needed to reduce resources
intensity and carbon emissions of Asian
industries.
OTHER AGREEMENTS INCLUDE:
1. Kyoto Protocol
2. UN Conference on the Law of the Sea
(UNCLOS)
3. Vienna Convention for the Protection of
the Ozone Layer
4. International
Tropical
Agreement of 1983
PHILIPPINE
ISSUANCES
ENVIRONMENTAL
LAWS
Timber
AND
CONSTITUTIONAL PROVISIONS
1. ARTICLE I
NATIONAL TERRITORY
The national territory comprises the
Philippine archipelago, with all the islands and
waters embraced therein, and all other
territories over which the Philippines has
sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including
its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The
waters around, between, and connecting the
islands of the archipelago, regardless of their
breadth and dimensions, form part of the
internal waters of the Philippines.
2. ARTICLE II, SEC. 15
DECLARATION OF PRINCIPLES AND STATE
POLICIES
The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
3. ARTICLE II, SEC. 16
DECLARATION OF PRINCIPLES AND STATE
POLICIES
The State shall protect and advance the
right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony
of nature.
4. ARTICLE XII, SEC. 2
NATIONAL ECONOMY AND PATRIMONY
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
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Jacky. Chesca. Dan Envi Notes
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 nations 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
fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for largescale 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.
5. ARTICLE XII, SEC. 5
NATIONAL ECONOMY AND PATRIMONY
The State, subject to the provisions of this
Constitution and national development policies
and programs, shall protect the rights of
indigenous cultural communities to their
ancestral lands to ensure their economic, social,

and cultural well-being.
The Congress may provide for the
applicability of customary laws governing
property rights or relations in determining the
ownership and extent of ancestral domain.
6. ARTICLE XIII, SEC. 7
SOCIAL JUSITCE AND HUMAN RIGHTS
The State shall protect the rights of
subsistence fishermen, especially of local
communities, to the preferential use of the
communal marine and fishing resources, both
inland and offshore. It shall provide support to
such fishermen through appropriate technology
and research, adequate financial, production,
and marketing assistance, and other services.
The State shall also protect, develop, and
conserve such resources. The protection shall
extend to offshore fishing grounds of
subsistence fishermen against foreign intrusion.
Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing
resources.
LAWS AND ADMINISTRATIVE ISSUANCES
1. Philippine Environmental Policy
-mandated the formulation of an intensive,
integrated
program
of
environmental
protection.
2. Philippine Environmental Code
-provides for the development of standards
and management framework for the following
areas of concern: air quality management,
water quality management and land use
management.
3. National integrated Protected Areas
System (NIPAS) Act
-provides for the integrated management of
all declared protected areas in the country.
4. Revised Forestry Code
-governing law on forestry.
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5. Law on requiring the planting of trees

in certain places and penalizing
unauthorized cutting or destruction
thereof
6. Philippine Fisheries Code
-basic law on fisheries management and
utilization
7. Philippine Mining Act
-principal law on mining in the Philippines
8. Indigenous Peoples Rights Act
-embodies the policy of the State to
recognize, promote, and protect the rights of
indigenous peoples (IPs) to their ancestral
lands and domains and ensure their cultural
integrity
9. Philippine Clean Air Act
-provides for a national program of air
pollution management and prevention and
active public participation in air quality planning
and monitoring
10. Philippine Clean Water Act
-its focus is to streamline processes and
procedures in the prevention, control and
abatement of pollution of the countrys water
resources
11. Ecological Solid Waste Management
Act
-aims to adopt a systematic, comprehensive
and ecological solid waste management
program to ensure protection of public health
and environment
12. Wildlife Resources Conservation and
Protection Act
-declares as a policy of the State to
conserve the countrys wildlife resources and
their habitats for sustainability
13. Chain Saw Act
-to regulate the ownership, possession,
sale, importation and the use of chain saw
14. Laguna Lake Development Authority

-to
promote
and
accelerate
the
development and balanced growth of the
Laguna Lake area and the surrounding
provinces, cities and towns
15. Environmental
Impact
Statement
System
-established as a planning tool to avoid or
minimize adverse environmental impacts of
projects of government and private entities
16. Biofuels Act
-provides for the mandatory use of the
biofuels to help lessen emission of greenhouse
gases
17. Climate Change Act of 2009
-establishes a CLIMATE COMMISSION which
shall be the policy-making body of the
government tasked to coordinate, monitor and
evaluate the programs and action plans of the
government relating to climate change
18. Philippine Disaster Risk Reduction and
Management Act of 2010
-institutionalizes
arrangements
and
measures for reducing disaster risks, including
projected climate risks and enhances disaster
preparedness and response capabilities at all
levels
19. Toxic Substances and Hazardous and
Nuclear Waters Control Act of 1990
-seeks to regulate or prohibit the importation,
use and disposal of chemical substances that
present unreasonable risk to health or the
environment and the entry of nuclear wastes
and their disposal into Philippine territorial
limits
RULES OF PROCEDURE FOR ENVIRONMENTAL
CASES
-took effect on April 29, 2010
-first of its kind in the world
a) OBJECTIVES
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1. To protect and advance the

Constitutional right of the people to
a balanced and healthful ecology;
2. To provide a simplified, speedy and
inexpensive procedure for the
enforcement of environmental
rights and duties recognized under
the Constitution, existing laws, rules
and regulations and international
agreements;
3. To introduce and adopt innovations
and the best practices ensuring
effective enforcement of remedies
and redress for violation of
environmental laws; and
4. To enable the courts to monitor and
exact compliance with orders and
judgments in environmental cases.
b) SALIENT FEATURES
disposition of environmental cases by providing

for continuous trial, disallowing the filing of
certain delay-prone pleadings, prohibiting the
issuance of TROs against government agencies
action to enforce environmental laws or
prevent violations thereof, referral of scientific
and technical issues to a panel of experts and
proscribing stay of judgments by appeal
-the Rules contain a provision of citizens
arrest and seizure of the items, tools and
conveyances used in committing the offense,
and the custody (preservation) and disposition
thereof.
-the Rules integrate the caveat that the
judge shall be guided by the precautionary
principle where full scientific certainty shall not
be required of the party alleging environmental
damage.
Locus Standi
-has been liberalized. Citizens suits are
encouraged but with safeguards against
nuisance suits.
Writ of Kalikasan
-authorizes the court, where the violation
or threatened violation results in destruction or
damage of such magnitude as to impair and
deprive the right of the people to a balanced
and healthful ecology, to direct the respondent
to immediately desist from undertaking the
activities complained of and to take positive
steps to preserve, rehabilitate or restore the
environment
Discovery Measures
-like the inspection order and production
order and submission of memoranda in the
form of a draft decision
The Writ of Continuing Mandamus
-is also harnessed to monitor compliance
with court judgments
-PROVISIONS have been made to minimize
delays and ensure effective and judicious
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CHAPTER II
PUBLIC LAND ACT
(Commonwealth Act No. 141)
A. PRELIMINARY
GOVERNING LAW
CA. No. 141
-Also known as the Public Land Act was
enacted on Nov. 7, 1936
-The lands commonly called friar
lands and those which, being privately-owned,
have resorted to or become the property of the
Republic of the Philippines, are governed by the
laws presently in force or which may hereafter
be enacted.
POLICY CONSIDERATIONS
-The State shall ensure, for the benefit
of the Filipino people, the full exploration and
development as well as the judicious disposition,
utilization,
management,
renewal
and
conservation of the countrys forest, mineral,
land, waters and other natural resources
consistent with the objective of making the
exploration, development and utilization of
such natural resources equitably accessible to
the different segments of the present as well as
future generations
REGALIAN DOCTRINE ALL LANDS AND OTHER
NATURAL RESOURCES ARE OWNED BY THE
STATE
-Under Sec. 2, Article XII of the
Constitution, which embodies the Regalian
doctrine, all lands of the public domain belong
to the State.
-All lands not appearing to be clearly of
private dominion presumptively belong to the
State.
-The Exploration, Development and
Utilization (EDU) of natural resources shall be
under the full control and supervision of the
State.
-The State may directly undertake the

exploitation and development by itself, or, it
may allow participation by the private sector
through co-production, joint or productionsharing agreements.
-The Regalian Doctrine reserves the
State all natural wealth that may be found in
the bowels of the earth even if the land where
the discovery is made be private.
a. Imperium and Dominium
IMPERIUM
-The government authority possessed
by the State which is appropriately embraced in
the concept of sovereignty.
DOMINIUM
-Its capacity to own or acquire property.
-Was the foundation of the early
Spanish decrees which embraced the feudal
theory of jura regalia that all lands were held
from the crown and has been adopted by the
present Constitution in the first paragraph of
section 2, article XII.
b. The IPRA and native title over
ancestral lands and ancestral domains
-The
IPRA
institutionalized
the
recognition of the existence of native title to
land or ownership of land by Filipinos by virtue
of possession under a claim of ownership since
time immemorial and independent of any grant
from the Spanish Crown as an exception to the
theory of jura regalia.
c. Reservations of lands of the public
domain are a valid assertion of
Regalian right
-Presidential proclamations reserving
certain lands of the public domain for specific
public purposes have the character of official
assertions of ownership, and the presumption is
that they have been issued by the right of
sovereignty and in the exercise of the States
dominical authority.
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-These proclamations are matters not

only not judicial notice but are accepted as in
the nature of a valid asseveration of Regalian
right over property.
B. ORGANIZATIONAL STRUCTURE
DEPARTMENT OF
ENVIRONMENT
NATURAL RESOURCES
AND
-The Public Land Act provides that the

Secretary of Environment and Natural
Resources is the executive officer charged with
carrying out the provisions of the Public Land
Act, through the Director of Lands who shall act
under his immediate control.
-The Director of Lands shall have direct
executive control of the survey, classification,
lease, sale or any other form of concession or
disposition and management of the lands of the
public domain, and his decisions as to questions
of fact shall be conclusive when approved by
the Secretary of DENR.
-It is understood of course that the
decision of the Director of lands may be
annulled or reviewed in a direct proceeding and
not collaterally as when the issue involves a
question of law or is based upon a
misconstruction of the law, or when the
conclusions drawn by the secretary from the
facts found are erroneous or not warranted by
law.
NOTE:
-The jurisdiction of the Department
over public lands does not negate the authority
of courts of justice to resolve questions of
possession and their decisions stand in the
meantime that the Department itself has not
settled the respective rights of public land
claimants.
-But once the department has decided,
particularly with the grant of a public land
patent, for instance, and issuance of the
corresponding certificate of title, its decision
prevails.
a. Specific functions of the Department
Secretary
1. Exercise supervision and control over

forest lands, alienable and disposable
public lands, mineral resources and, in
the process of exercising such control,
impose appropriate taxes, fees, rentals
and any such form of levy and collect
such revenues for the exploration,
development, utilization or gathering of
such resources;
2. Promulgate rules, regulations and
guidelines on the issuance of licenses,
permits, concessions, lease agreements
and such other privileges concerning
the development, exploration and
utilization of the countrys marine,
freshwater, and brackish water and
over all aquatic resources of the
country and shall continue to oversee,
supervise and police our natural
resources; cancel or cause to cancel
such privileges upon failure, noncompliance or violations of any
regulation, order, and for all other
causes which are in furtherance of the
conservation of natural resources and
supportive of the national interest;
3. Exercise EXCLUSIVE jurisdiction on the
management and disposition of all
lands of the public domain and serve as
the sole agency responsible for
classification,
sub-classification,
surveying and titling of lands in
consultation with appropriate agencies.
b. Specific functions of the Lands
Management Bureau (LMB) Director
and regional officers
1. Recommend policies and programs for
the
efficient
and
effective
administration, surveys, management
and disposition of alienable and
disposable lands of the public domain
and
other
lands outside
the
responsibilities of other government
agencies; such as reclaimed areas and
other areas not needed for or not being
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2.
3.
4.
5.
6.
7.
utilized for the purpose for which they

have been established;
Advise the regional offices on the
efficient and effective implementation
of policies, programs and projects for
more
effective
public
lands
management.
Assist in the monitoring and evaluation
of land surveys, management and
disposition of lands to ensure efficiency
and effectiveness thereof;
Issue standards, guidelines, regulations
and orders to enforce policies for the
maximization of land use and
development;
Develop operating standards and
procedures to enhance the Bureaus
objectives and functions;
Assist the Secretary as executive officer
charged with carrying out the
provisions of the Public Land Act;
Perform other functions as may be
assigned by the Secretary and/or
provided by law.
conclusive upon the courts, but is subject to

review.
d. Doctrine of Primary Jurisdiction
-The courts cannot and will not resolve a
controversy involving a question which is within
the jurisdiction of an administrative tribunal,
especially where the question demands the
exercise of sound administrative discretion
requiring the special knowledge, experience
and services of the administrative tribunal to
determine technical and intricate matters of
fact.
-The doctrine applies where a claim is
originally cognizable in the courts, and comes
into play whenever enforcement of the claim
requires the resolution of issues which, under a
regulatory scheme, have been placed within the
special competence of an administrative body;
in such case, the judicial process is suspended
pending referral of such issues to the
administrative body for its view.
e. Exhaustion of Administrative Remedies
c. Decisions of the Director of Lands on

questions of fact, when approved by
the Secretary, are conclusive
-The decisions of the Director of Lands on
the construction of the Public Land Act are
entitled to great respect by the courts.
-A decision rendered by the Director of
Lands and approved by the Secretary of DENR,
upon a question of fact, is conclusive and not
subject to be reviewed by the courts, in the
absence of a showing that such decision was
rendered in a consequence of fraud, imposition,
or mistake, other than error of judgment in
estimating the value or effect of evidence,
regardless of whatever or not it is consistent
with the preponderance of the evidence, so
long as there is some evidence upon which the
finding in question could be made.
NOTE:
-A decision of the Director of Lands,
although approved by the Department
Secretary, on a question of law, is in no
GR: Recourse through court action cannot

prosper until all the remedies have been
exhausted at the administrative level.
NOTE:
Non-exhaustion
of
administrative
remedies does not affect the jurisdiction of the
court, but simply deprives the plaintiff of a
cause of action, which is a ground for a motion
to dismiss.
XCPTN:
1. When there is a violation of due
process;
2. When the issue involved is purely a
legal question;
3. When the administrative action is
patently illegal amounting to lack or
excess of jurisdiction;
4. When there is estoppel on the part
of the administrative agency
concerned;
5. When there is irreparable injury;
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6. When the respondent is a

department secretary whose acts as
an alter ego of the President bears
the implied and assumed approval
of the latter;
7. When to require exhaustions of
administrative remedies would be
unreasonable;
8. When it would amount to a
nullification of a claim;
9. When the subject matter is a
private land in land case
proceedings;
10. When the rule does not provide a
plain, speedy and adequate remedy;
and
11. When there are circumstances
indicating the urgency of judicial
intervention.
3. Educational, charitable, or other similar

purposes;
4. Reservation for town sites and for
public and quasi-public uses.
NOTE:
-Public agricultural land as that phrase
is used in the Constitution means alienable
lands of the public domain and therefore this
phrase is equivalent to the lands classified by
CA No. 141 as alienable and disposable.
-From the foregoing classification,
public agricultural land may be defined as those
alienable portions of the public domain which
are neither timber nor mineral lands. Thus, the
term includes residential, commercial and
industrial lands for the reason that these lands
are neither timber nor mineral lands.
CLASSIFICATION OF LANDS AN EXECUTIVE
PREROGATIVES
C. CLASSIFICATION OF LANDS
a. Classification of lands under the Public
Land Act
-SEC. 6 of the Public Land Act classifies lands of
the public domain into;
1. Alienable or disposable;
2. Timber;
3. Mineral lands.
-the President may at any time and in a like
manner transfer such lands from one class to
another, for the purposes of their
administration and disposition.
b. Classification of public lands open to
disposition
-For purposes of their administration and
disposition, lands of the public domain which
are alienable or open to disposition may be
further classified according to the use or
purpose to which such lands are destined as
follows,
1. Agricultural;
2. Residential, commercial, industrial, or
for similar productive purposes;
-Before the government could alienate

or dispose of lands of the public domain, the
President must first officially classify these lands
as alienable or disposable, and then declare
them open to disposition or concession. There
must be no law reserving these lands to
disposition or quasi-public uses.
-The classification is a prerogative of the
executive department and not the courts.
PUBLIC LANDS AND GOVERNMENT LAND
DISTINGUISHED
PUBLIC LAND
-is equivalent to
public domain and
does not by any
means include all
lands
of
government
ownership,
but
only so much of
said lands are
thrown open to
private
GOVERNMENT
LAND
-government land
and public land are
not synonymous
terms; the first
includes not only
the second, but
also other lands of
the
government
already reserved
or devoted to
public use or
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PUBLIC LAND
appropriation and
settlement
by
homestead
and
other like general
laws.
GOVERNMENT
LAND
subject to private
right. In other
words,
the
government owns
real estate which is
part of the public
lands and other
real estate which is
not a part thereof.
D. MODES OF DISPOSITION
NO PUBLIC LAND CAN BE ACQUIRED EXCEPT BY
A GRANT FROM THE STATE
-No public land can be acquired by
private persons without any grant, express or
implied from the government. In other words, it
is indispensible that there be a showing of title
from the state.
ONLY ALIENABLE AND DISPOSABLE (A and D)
LANDS MAY BE THE SUBJECT OF DISPOSITION
-Only those lands shall be declared
open to disposition or concession which have
been officially delimited and classified and,
when practicable, surveyed and which have not
been reserved for public or quasi-public uses,
nor appropriated by the government, nor in any
manner become private property nor those on
which a private right authorized and recognized
by the act or any valid law may be claimed, or
which, having been reserved or appropriated,
have ceased to be so.
-In the absence of such classification,
the land remains as unclassified land until it is
released therefrom and rendered open
disposition
SPECIFIC MODES OF DISPOSITION
-Public lands suitable for agricultural
purposes can be disposed of only as follows:
1.
2.
3.
4.
For HOMESTEAD SETTLEMENT

By SALE
By LEASE
By CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLES
-By Judicial legalization
-By Administrative Legalization (free
patent)
a. For homestead settlement

-The law provides that any citizen of the
Philippines over the age of 18 years, or head of
the family, may enter a homestead of not
exceeding 12 hectares of agricultural land of
the public domain.
-The applicant must have cultivated and
improved at least 1/5 of the land continuously
since the approval of the application and
resided for at least 1 year in the municipality in
which the land is located, or in a municipality
adjacent to the same, and then, upon payment
of the required fee, he shall be entitled to a
patent
1. Effect of Compliance
requirements
with
legal
-When a homesteader has complied with all

the terms and conditions which entitle him for a
particular tract of public land, he acquires a
vested interest therein and is to be regarded as
equitable owner thereof.
-Even without a patent, a perfected
homestead is a property right in the fullest
sense, unaffected by the fact that the
paramount title to the land is still in the
government. Such land may be conveyed or
inherited. No subsequent law can deprive him
of that vested right.
2. Transfer of Rights
-if at any time after the approval of the
application and before the patent is issued, the
applicant shall prove to the satisfaction of the
Director of Lands that he has complied with all
the requirements of the law but cannot
9
continue with homestead, through no fault of

his own, and there is a bona fide purchaser for
the rights and improvements of the applicant
on the land, and that the conveyance is not
made for the purposes of speculation, then the
applicant, with the previous approval of the
director of lands may transfer his rights to the
land and improvements to any person legally
qualified to apply for a homestead, and
immediately after such transfer, the purchaser
shall file a homestead application to the land so
acquired and shall succeed the original
homesteader in his rights and obligations
beginning with the date of the approval of said
application of the purchaser.
-Any person who has so transferred his
rights may not again apply for a new
homestead.
-Every transfer made without the previous
approval of the Director of Lands shall be null
and void and shall result in the cancellation of
the entry and the refusal of patent.
3. Registration court cannot be divested
of jurisdiction by subsequent issuance
of a homestead patent over the same
land subject of registration
-The Director of Lands jurisdiction,
administrative supervision and executive
control extend only over lands of the public
domain and not to lands already of private
ownership
b. Sale of Public agricultural lands
-Any citizen of the Philippines, lawful age or
the head of the family may purchase any tract
of public agricultural land not to exceed 12
hectares which shall be sold thru sealed
bidding.
-The land shall be awarded to the highest
bidder, but the applicant may equal the highest
bid. The purchase price may be paid in full upon
making of the award or in not more than 10
equal annual installments from the date of the
award.
-it is required that the purchaser shall have

not less than 1/5 of the land cultivated within 5
years from the date of the award, and before
any patent is issued, he must show actual
occupancy, cultivation and improvement of at
least 1/5 of the land until the date of final
payment.
c. Lease
-Any citizen of lawful age of the Philippines,
and any corporation or association of which at
least sixty per centum of the capital stock or any
interest in said capital stock belongs wholly to
citizens of the Philippines, may lease any tract
of agricultural public land available for lease
under Chapter VI (lease) of the Act.
-Private corporations may lease alienable
lands of the public domain for a period not
exceeding 25 years, renewable for not more
than 25 years and not to exceed 1,000 hectares.
-Citizens of the Philippines may lease not
more than 500 hectares, or acquire not more
than 12 hectares thereof by purchase,
homestead or grant.
-It shall be an inherent and essential
condition of the lease that the lessee shall have
not less than one-third of the land broken and
cultivated within five years after the date of the
approval of the lease: Provided, however, That
in case the land leased is to be devoted to
pasture, it shall be sufficient with this condition
if the lessee shall graze on the land as many
heads of cattle as will occupy at least one-half
of the entire area at the rate of one head per
hectare.
d. Confirmation of imperfect
(judicial legalization)
titles
-The following described citizens of the

Philippines, occupying lands of the public
domain or claiming to own any such lands or an
interest therein, but whose titles have not been
perfected or completed, may apply to the
REGIONAL TRIAL COURT of the province where
the land is located for confirmation of their
claims and issuance of a certificate of title
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thereof, under the Property Registration

Decree.
NOTE: [PROCEDURES ON CONFIRMATION OF
IMPERFECT OR INCOMPLETE TITLE (JUDICIAL
LEGALIZATION) IS ON PAGES 37-58]
e. Administrative
patent)
Legalization
(free
-The Public Land Act provides that any

natural-born citizen of the Philippines who is
not the owner of more than 12 hectares and
who, for at least 30 years prior to the effectivity
of this amendatory act, has continuously
occupied and cultivated, either by himself or
through his predecessors-in-interest a tract or
tracts of agricultural public tax thereon while
the same has not been occupied by any person
shall be entitled to have a free patent issued to
him for such tract or tracts of such land not to
exceed 12 hectares. Sec. 44 on free patents
provides for a prescriptive period of 30 years of
possession.
-Sec. 44 has been amended by RA. No. 9176
by extending the benefits of Chapter VIII (free
patents) to Dec. 31, 2010
-With the passage of RA. No. 10023, all
lands may now be disposed of by means of a
free patent under the provisions of said act
f.
Classification and disposition of lands

for
residential,
commercial
or
industrial purposes
-Public Land Act provides that any tract of

land of the public domain which, being neither
timber nor mineral land, is intended to be used
for residential purposes or for commercial,
industrial, or other productive purposes other
than agricultural and is open to disposition or
concession shall be disposed of under the
provisions of said chapter and not otherwise.
-Sec. 59 classifies the lands disposable
under Title III as follows:
1. Lands reclaimed by the government
by dredging, filling, or other means;
2. Foreshore;
3. Marshy lands or lands covered with

water bordering upon the shores or
banks of navigable lakes or rivers;
4. Lands not included in any of the
foregoing classes.
g. Lands for residential, commercial or
industrial purposes shall be disposed
of through oral bidding; exception
(direct sale)
GR: SEC. 67. The lease or sale shall be made
through oral bidding; and adjudication shall be
made to the highest bidder. However, where an
applicant has made improvements on the land
by virtue of a permit issued to him by
competent authority, the sale or lease shall be
made by sealed bidding as prescribed in Section
twenty-six of this Act, the Provisions of which
shall be applied wherever applicable. If all or
part of the lot remains unleased or unsold, the
Director of Lands shall from time to time
announce in the Official Gazette or in any other
newspaper of general circulation, the lease or
sale of those lots, if necessary
XCPTN: With the enactment of RA. No. 730,
an exception to the foregoing procedure was
created by authorizing disposition of lands of
the public domain by private sale, instead of
bidding, provided that:
1. The applicant has in favor the
conditions specified therein;
2. The area applied for is not more than
1,000 square meters.
h. Sale of lands
reservations
within
military
-Lands within the military reservations,

when declared by the President as no longer
needed for military purposes, may be
subdivided by the Director of Lands, and
thereafter sold to persons qualified to acquire
agricultural public lands under the Public Land
Act, with priority given to bona fide occupants
and then to war veterans.
11
i.
Concession of lands for educational,

charitable and other similar uses
-The law provides that whenever any

province, municipality, or other branch or
subdivision of the government shall need any
portion of the land of the public domain open
to concession for educational, charitable or
other similar purposes, the President, upon the
recommendation by the Secretary of DENR may
execute contract in favor of the same, in the
form of donation, sale, lease, exchange, or any
other form, under terms and conditions to be
inserted in the contract; but land so granted
shall in no case be encumbered or alienated,
except when the public service requires their
being leased or exchanged, with the approval of
the president, for other lands belonging to
private parties, or if the Congress disposes
otherwise
j.
Reservations
1. Townsite reservations
Sec. 71. Whenever it shall be considered to
be in the public interest to found a new town,
the Secretary of Agriculture and Natural
Resources shall direct the Director of Lands to
have a survey made by his Bureau of the
exterior boundaries of the site on which such
town is to be established, and upon the
completion of the survey, he shall send the
same
to
said
Secretary,
with
his
recommendations.
Sec. 72. The Secretary of Agriculture and
Natural Resources if he approves the
recommendations of the Director of Lands, shall
submit the matter to the President to the end
that the latter may issue a proclamation
reserving the land surveyed, or such part
thereof as he may deem proper, as a town site,
and certified copy of such proclamation shall be
sent to the Director of Lands and another to the
Register of Deeds of the province in which the
surveyed land lies.
Sec. 73. It shall then be the duty of the
Director of Lands, after having recorded the
proclamation of the President and the survey
accompanying the same, and having completed

the legal proceedings prescribed in chapter
thirteen of this Act, to direct a subdivision in
accordance with the instructions of the
Secretary of Agriculture and Natural Resources,
if there shall be such instructions, and if there
shall not be any, then in the manner which may
to the Director of Lands seem best adapted to
the convenience and interest of the public and
the residents of the future town.
2. Reservations for public and semi-public
purposes
-The President may designate by
proclamation any tract or tracts of land of the
public domain as reservations for the use of the
Republic of the Philippines or any of its
branches, or of the inhabitants thereof, in
accordance with regulations prescribed for this
purpose, or for quasi-public uses or purposes
when the public interest requires it.
3. Provisions common to reservations
-The tract or tracts of land reserved under
the provisions of Sec. 83 shall be non-alienable
and shall not be subject to occupation, entry,
sale, lease or other disposition until again
declared alienable under the provisions of this
Act or by proclamation of the President.
SPECIAL PATENT
-is a patent to grant, cede, and convey
full ownership of alienable and disposable lands
formerly covered by a reservation or lands of
public domain and is issued upon the
promulgation of a special law or act of Congress
or by the Secretary of DENR as authorized by an
E.O. of the President.
-the importance of the definition of
special patent is the grant by law of a property
of the Republic for the full ownership of the
grantee while the classification of the land is
not at all decisive in such description since the
special law or act of Congress or the E.O. may
classify the subject land differently.
12
E. REGISTRATION OF PATENTS AND

ISSUANCE OF CERTIFICATES OF TITLES
REGISTRATION OF PATENT IS THE OPERATIVE
ACT TO CONVEY THE LAND
-Once a public land is alienated, granted
or convey by the Government, the same shall
be brought forthwith under the operation of
(the Property Registration Decree)
-it is the duty of the issuing agency of
the government to cause the same to be filed
and registered with the Register of Deeds,
whereupon an owners duplicate certificate of
title shall be issued to the patentee or grantee.
-the patent or grant shall not take effect
as conveyance or bind the land but shall
operate only as a contract between the
government and the grantee.
-it is the act of registration that conveys
or affects the land, and binds third persons.
a. Certificate of title issued pursuant to a
patent indefeasible
b. Date of issuance of patent corresponds
to the issuance of the decree in
ordinary registration cases
c. Title cannot be defeated by adverse
possession, nor subject to collateral
attack
F. ACTION FOR REVERSION
permit granted. It shall be the duty of the

Director of Lands, from time to time and
whenever he may deem it advisable, to make
the necessary investigations for the purpose of
ascertaining whether the material facts set out
in the application are true, or whether they
continue to exist and are maintained and
preserved in good faith, and for the purposes of
such investigation, the Director of Lands is
hereby empowered to issue subpoenas and
subpoenas duces tecum and, if necessary, to
obtain compulsory process from the courts. In
every investigation made in accordance with
this section, the existence of bad faith, fraud,
concealment, or fraudulent and illegal
modification of essential facts shall be
presumed if the grantee or possessor of the
land shall refuse or fail to obey a subpoena or
subpoena duces tecum lawfully issued by the
Director of Lands or his authorized delegates or
agents, or shall refuse or fail to give direct and
specific answers to pertinent questions, and on
the basis of such presumption, an order of
cancellation may issue without further
proceedings.
-It is not only the right but the duty of
the Director of Lands to conduct the
investigation of any alleged fraud in securing a
free patent and corresponding title to a public
land and to file a corresponding court action for
the reversion of the same to the state, if the
facts disclosed in the course of such
investigation should so warrant.
DIRECTOR OF LANDS HAS CONTINUING

AUTHORITY TO INVESTIGATE FRAUDULENT
ISSUANCE OF PATENTS
GOVERNENT INITIATES AN ACTION FOR

CANCELLATION OF TITLE AND REVERSION
Sec. 91. The statements made in the

application shall be considered as essential
condition and parts of any concession, title, or
permit issued on the basis of such application,
and any false statement therein or omission of
facts altering, changing, or modifying the
consideration of the facts set forth in such
statements, and any subsequent modification,
alteration, or change of the material facts set
forth in the application shall ipso facto produce
the cancellation of the concession, title, or
-Sec. 101. All actions for the reversion of

the Government of lands of the public domain
or improvements thereon shall be instituted by
the Solicitor-General or the officer acting in his
stead, in the proper courts, in the name of the
Republic of the Philippines.
-Only the Solicitor General or the officer
acting in his stead has the authority to institute
the action on behalf of the Republic for
cancellation of title and for reversion of the
land to the government.
13
a) Action for nullity of land

distinguished from reversion
ACTION FOR
REVERSION
-the
pertinent allegations
in the complaint
would admit State
ownership of the
disputed land.
-the
only
person or entity
entitled to relief
would
be
the
government,
represented by the
Director of Lands.
titles
ACTION FOR
NULLITY
-the cause
of
action
for
declaration
of
nullity
of
free
patent
and
certificate of title
would
require
allegations of the
plaintiffs ownership
of the contested lot
prior to the issuance
of such free patent
and certificate of
title as well as the
defendants fraud or
mistake, as the case
may
be,
in
successfully
obtaining
these
document of title
over the parcel of
land claimed by the
plaintiff.
-the
real
party-in-interest is
not the State but
the plaintiff who
alleges
a
preexisting right of
ownership over the
parcel of land in
question
even
before the grant of
title
to
the
defendant.
-the difference between them lies in the

allegations as to the character of ownership of
the realty whose title is sought to be nullified.
b) Where reversion is improper
-it would be improper for the government

through the Solicitor General, to file an action
for reversion of land titled to defendant
pursuant to a fee patent where the alleged
fraud consists in the fact that said land, at the
time of the issuance of the patent, was no
longer a part of the public domain, having been
adjudicated as private property of another
person in a previous registration case.
c) When private party cannot bring
action for reversion
-a private party may not bring an action for
reversion or any action which would have the
effect of cancelling a public land patent and the
corresponding certificate of title, with the result
that the land covered thereby will again form
part of the public domain.
d) When private party may bring an
action for cancellation of title
-it is proper for a private party to file an
action for cancellation of certificate title issued
by virtue of a public land patent as when he
claims ownership of the land as private
property by virtue of long period of possession
and, hence, no longer deemed a part of the
public domain which could be disposed of
under the provisions of the Public Land Act, or
when the land is already covered by a
previously issued certificate of title.
e) Action for reversion not barred by
prescription, laches
-public land fraudulently included in patents
or certificates of title may be recovered or
reverted to the State in accordance with Sec.
101 of the Public Land Act. The right of
reversion or reconveyance to the State is not
barred by prescription.
-non-disposable lands registered under the
Land Act may be recovered by the State at any
time, and the defense of Res Judicata would not
apply as courts have no jurisdiction to dispose
of such lands of the public domain.
14
COURTS
HAVE
JURISDICTION
OVER
POSSESSORY ACTIONS INVOLVING PUBLIC
LANDS
-the grant of power and duty to the DENR
through the Lands Management Bureau, to
alienate and dispose of public lands does not
divest the courts of their duty or power to take
cognize of actions instituted by settlers or
occupants or applicants against others to
protect their respective possessions and
occupations, more especially the actions of
trespass, forcible entry and unlawful detainer.
The exercise of such jurisdiction is not
considered as an interference with the
alienation, disposition, and control of public
lands.
G. PROHIBITED ALIENATIONS
PROHIBITION AGAINST ALIENATION OF LANDS
ACQUIRED UNDER THE HOMESTEAD AND FREE
PATENT PROVISIONS
Sec. 118. Except in favor of the Government or
any of its branches, units or institutions, or
legally constituted banking corporations, lands
acquired under free patent or homestead
provisions shall not be subject to encumbrance
or alienation from the date of the approval of
the application and for a term of five years from
and after the date of issuance of the patent
or grant nor shall they become liable to the
satisfaction of any debt contracted prior to the
expiration of said period; but the improvements
or crops on the land may be mortgaged or
pledged to qualified persons, associations, or
corporations. No alienation, transfer, or
conveyance of any homestead after five years
and before twenty-five years after issuance of
title shall be valid without the approval of the
Secretary of Agriculture and Natural Resources,
which approval shall not be denied except on
constitutional and legal grounds. (As amended
by Com. Act No. 456, approved June 8, 1939.)
Sec. 121. Except with the consent of the
grantee and the approval of the Secretary of
Natural Resources, and solely for commercial,

industrial, educational, religious or charitable
purposes or for a right of way, no corporation,
association, or partner-ship may acquire or
have any right, title, interest, or property right
whatsoever to any land granted under the free
patent, homestead or individual sale provisions
of this Act or any permanent improvement on
such land. The provisions of Section 124 of this
Act to the contrary not-withstanding, any
acquisition of such land, rights thereto or
improvements thereon by a corporation,
association, or partnership prior to the
promulgation of this Decree for the purposes
herein stated is deemed valid and binding;
Provided, That no final decision of reversion of
such land to the State has been rendered by a
court; And Provided, further, That such
acquisition is approved by the Secretary of
Natural Resources within six (6) months from
the effectivity of this Decree. (As amended by
Pres. Dec. 763)
Sec. 122. No land originally acquired in any
manner under the provisions of this Act, nor
any permanent improvement on such land,
shall be encumbered, alienated or transferred,
except to persons, corporations, associations,
or partnerships who may acquire lands of the
public domain under this Act or to corporations
organized in the Philippines authorized therefor
by their charters. Except in cases of hereditary
succession, no land or any portion thereof
originally acquired under the free patent,
homestead, or individual sale provisions of this
Act, or any permanent improvement on such
land, shall be transferred or assigned to any
individual, nor shall such land or any permanent
improvement thereon be leased to such
individual, when the area of said land, added to
that of his own, shall exceed one hundred and
forty-four hectares. Any transfer, assignment,
or lease made in violation hereto shall be null
and void. (As amended by Com. Act No. 615)
Sec. 124. Any acquisition, conveyance,
alienation, transfer, or other contract made or
executed in violation of any of the provisions of
15
sections one hundred and eighteen, one

hundred and twenty, one hundred and twentyone, one hundred and twenty-two, and one
hundred twenty-three of this Act shall be
unlawful and null and void from its execution
and shall produce the effect of annulling and
canceling the grant, title, patent, or permit
originally issued, recognized or confirmed,
actually or presumptively, and cause the
reversion of the property and its improvements
to the State.
a) Policy of the law
-the prohibition has the avowed purpose of
giving the homesteader or patentee every
chance to preserve for himself and his family
the land that the State had gratuitously given
him as a reward for his labor in cleaning and
cultivating it.
b) Prohibition starts from date of
approval up to fifth year from issuance
of patent
-the prohibition to alienate commences to
run from the date the application is approved
which may be a date earlier than the date of
issuance of the patent.
-the period of 5 years within which the
alienation or encumbrance of a homestead is
restricted, starts to be computed from the latter
date.
-the court explained that the alienation of
lands acquired by homestead or free patent
grants is forbidden from the date of approval of
the application up to and including the fifth year
from and after the date of the issuance of the
patent or grant.
-SC emphasize that the patent is considered
issued once the order for its issuance is
promulgated and, therefore, the five-year
period is computed from this date and not from
the date of registration with the Register of
Deeds or from the date of the certificate of title.
c) Approval of secretary merely directory
-the requirement for the approval of the

Secretary of DENR is merely directory and its
absence does not invalidate any alienation,
transfer or conveyance of the homestead after
5 years and before the 25 year period. Such
approval may be secured at any time in the
future.
d) Agreements which are considered a
circumvention of the law
-the prohibition applies as well to the sale
of the land to the homesteaders own son or
daughter as a clever homesteader who wants to
circumvent the ban may simply sell the lot to
his descendant and the latter after registering
the same in his name would sell it to a third
person.
-the law prohibiting any transfer or
alienation of homestead land within 5 years
from the issuance of the patent does not
distinguish
between
executor
and
consummated sales.
-the rationale against the alienation of a
homestead is equally applicable to land
acquired under a free patent, except that in the
latter, the alienation after 5 years from the
order for the issuance of patent does not need
the approval of the Secretary.
e) Sale of only a part of the land violates
prohibition
-even if only part of the property has been
sold or alienated within the prohibited period of
5 years from the issuance of the patent, such
alienation is a sufficient cause for the reversion
of the whole estate to the State. As a condition
for the grant a free patent to an applicant, the
law requires that the land should not be
encumbered, sold or alienated within 5 years
from the issuance of the patent. The sale or the
alienation of part of the homestead violates
that condition.
REPURCHASE BY APPLICANT OR HIS HEIRS
16
Sec. 119. Every conveyance of land acquired

under the free patent or homestead provisions,
when proper, shall be subject to repurchase by
the applicant, his widow, or legal heirs, within a
period of five years from the date of the
conveyance
-but where it is established that the
intention is exercising the right to repurchase is
for the speculative purpose of redeeming the
land only to dispose of it again for greater
profit, this has been held to be in violation of
the policy and spirit of the law.
a) Period of repurchase under section 119
-the 5 year period for legal redemption
starts from the date of the execution of the
deed of sale, and not from the date of
registration in the office of the Register of
Deeds. This is true even if full payment of the
purchase price is not made on the date of
conveyance; unless there is a stipulation in the
deed that ownership shall not vest in the
vendee until full payment of the price.
-the
redemption
of
extrajudicially
foreclosed properties, on the other hand, is
exercisable within 1 year from the date of the
auction sale as provided for in Act No. 3135.
H. PROCEDURES, LEGAL RESTRICTIONS
AND ENCUMBRANCES
CONTENTS OF APPLICATION
Sec. 90. Every application filed under the
provisions of this Act shall be made under oath
and shall set forth:
(a) The full name of the applicant, his
age, place of birth, citizenship, civil status, and
post-office address. In case the applicant is a
corporation, association, or co-partnership, the
application shall be accompanied with a
certified copy of its articles of incorporation,
association, or co-partnership together with an
affidavit of its President, manager, or other
responsible officer, giving the names of the
stockholders or members, their citizenship, and

the number of shares subscribed by each.
(b) That the applicant has all the
qualifications required by this Act in the case.
(c) That he has none of the
disqualifications mentioned herein.
(d) That the application is made in good
faith, for the actual purpose of using the land
for the object specified in the application and
for no other purpose, and that the land is
suitable for the purpose to which it is to be
devoted.
(e) That the application is made for the
exclusive benefit of the applicant and not,
either directly or indirectly, for the benefit of
any other person or persons, corporation,
association or partner-ship.
(f) As accurate a description of the land
as may be given, stating its nature, the
province, municipality, barrio, and sitio where it
is located, and its limits and boundaries,
specifying those having reference to accidents
of the ground or permanent monuments, if any.
(g) Whether all or part of the land is
occupied or cultivated or improved, and by
whom, giving his post-office address, and
whether the land has been occupied or
cultivated or improved by the applicant or his
ascendant, the name of the ascendant, the
relationship with him, the date and place of the
death of the ascendant, the date when the
possession and cultivation began, and a
description of the improvements made,
accompanying satisfactory evidence of the
relationship of the applicant with the ascendant, and of the death of the latter and
descendants left by him, in case it is alleged that
he occupied and cultivated the land first; or
whether there are indications of its having been
occupied, cultivated, or improved entirely or
partially, and if so, in what such indications
consist, whether he has made investigations as
to when and by whom such improvements were
made, and if so, how such investigations were
made and what was the result thereof; or
whether the land is not occupied, improved or
cultivated either entirely or partially, and there
are no indications of it having ever been
17
occupied, improved, or cultivated, and in this

case, what is the condition of the land.
(h) That the land applied for is neither
timber nor mineral land and does not contain
guano or deposits of salts or coal.
STATEMENTS IN THE APPLICATION ARE
ESSENTIAL CONDITIONS OF ANY CONCESSION,
TITLE OR PERMIT
Sec. 91. The statements made in the application
shall be considered as essential condition and
parts of any concession, title, or permit issued
on the basis of such application, and any false
statement therein or omission of facts altering,
changing, or modifying the consideration of the
facts set forth in such statements, and any
subsequent modification, alteration, or change
of the material facts set forth in the application
shall ipso facto produce the cancellation of the
concession, title, or permit granted. It shall be
the duty of the Director of Lands, from time to
time and whenever he may deem it advisable,
to make the necessary investigations for the
purpose of ascertaining whether the material
facts set out in the application are true, or
whether they continue to exist and are
maintained and preserved in good faith, and for
the purposes of such investigation, the Director
of Lands is hereby empowered to issue
subpoenas and subpoenas duces tecum and, if
necessary, to obtain compulsory process from
the courts. In every investigation made in
accordance with this section, the existence of
bad faith, fraud, concealment, or fraudulent
and illegal modification of essential facts shall
be presumed if the grantee or possessor of the
land shall refuse or fail to obey a subpoena or
subpoena duces tecum lawfully issued by the
Director of Lands or his authorized delegates or
agents, or shall refuse or fail to give direct and
specific answers to pertinent questions, and on
the basis of such presumption, an order of
cancellation may issue without further
proceedings.
FILING OF OBJECTION OR PROTEST
Sec. 102. Any person, corporation, or

association may file an objection under oath to
any application or concession under this Act
grounded on any reason sufficient under this
Act for the denial or cancellation of the
application or the denial of the patent or grant.
If, after the applicant or grantee has been given
suitable opportunity to be duly heard, the
objection is found to be well founded, the
Director of Lands shall deny or cancel the
application or deny patent or grant, and the
person objecting shall, if qualified, be granted a
prior right of entry for a term of sixty days from
the date of the notice.
Sec. 104. Any owner of uncultivated agricultural
land who knowingly permits application for the
same to be made to the Government and the
land to be tilled and improved by a bona fide
grantee without protesting to the Bureau of
Lands within one year after cultivation has
begun, shall lose all right to the part of the land
so cultivated and improved, unless he shall
bring action in the proper court before such
action for recovery prescribes and obtains
favorable judgment therein, in which case the
court shall, upon its decision becoming final,
order the payment to the grantee, within a
reasonable period, of the indemnity fixed by
said court for the cultivation and improvement.
PETITION FOR REVIEW
-it has been held that in a petition for
review, on the ground of fraud, involving public
land grants or patents, the one-year period
commences from the issuance of the patent by
the government.
-relief on the ground of fraud will not
be granted where the alleged fraud goes into
the merits of the case, is intrinsic and not
collateral, and has been controverted and
decided.
Actual fraud proceeds from an intentional
deception practiced by means of the
misrepresentation or concealment of a material
fact.
18
Constructive fraud is construed as a fraud

because of its detrimental effect upon public
interests and public or private confidence, even
though the act is not done with an actual design
to commit positive fraud or injury upon other
persons.
Fraud is regarded as intrinsic where the
fraudulent acts pertain to an issue involved in
the original action, or where the acts
constituting the fraud were or could have been
litigated therein.
Fraud is extrinsic if it is employed to deprive
parties of their day in court and thus prevent
them from asserting their right to the property
registered in the name of the applicant.
Government wishes to undertake, the Secretary

of Agriculture and Natural Resources may order
the cancellation of the application or the nonissuance of the patent or concession or the
exclusion from the land applied for of such
portion as may be required, upon payment of
the value of the improvements, if any.
Sec. 109. In no case shall any land be granted
under the provisions of this Act when this
affects injuriously the use of any adjacent land
or of the waters, rivers, creeks, foreshore,
roads, or roadsteads, or vest the grantee with
other valuable rights that may be detrimental to
the public interests.
ALL OTHER NATURAL RESOURCES SHALL
REMAIN WITH THE STATE
SUCCESSION
Sec. 105. If at any time the applicant or grantee
shall die before the issuance of the patent or
the final grant of the land, or during the life of
the lease, or while the applicant or grantee still
has obligations pending towards the
Government, in accordance with this Act, he
shall be succeeded in his rights and obligations
with respect to the land applied for or granted
or leased under this Act by his heirs in law, who
shall be entitled to have issued to them the
patent or final concession if they show that they
have complied with the requirements therefor,
and who shall be subrogated in all his rights and
obligations for the purposes of this Act.
USE OF THE LAND FOR PUBLIC WORKS OR
OTHER BENEFIT
Sec. 106. If at any time after the approval of the
application and before the issuance of a patent
or the final concession of the land, or during the
life of the lease, or at any time when the
applicant or grantee still has obligations
pending with the Government, in accordance
with this Act, it appears that the land applied
for is necessary, in the public interest, for the
protection of any source of water or for any
work for the public benefit that the
Sec. 110. Patents or certificates issued under

the provisions of this Act shall not include nor
convey the title to any gold, silver, copper, iron,
or other metals, or minerals, or other
substances containing minerals, guano, gums,
precious stones, coal, or coal oil contained in
lands granted thereunder. These shall remain
property of the State.
LAND SUBJECT TO PUBLIC SERVITUDES, RIGHT
OF WAY
Sec. 111. All persons receiving title to lands
under the provisions of this Act shall hold such
lands subject to the provisions hereof and to
the same public servitudes as exist upon lands
owned by private persons, including those with
reference to the littoral of the sea and the
banks of navigable river or rivers upon which
rafting may be done.
Sec. 112. Said lands shall further be subject to a
right of way not exceeding sixty (60) meters in
width for public highways, rail-roads, irrigation
ditches, aqueducts, telegraph, and telephone
lines, and similar works as the Government or
any public or quasi-public service or enterprise,
including mining or forest concessionaires, may
reasonably require for carrying on their
19
business, with dam-ages for the improvements

only. (As amended by P.D.635.)
PRIVATE CORPORATIONS DISQUALIFIED FROM
ACQUIRING LANDS OF THE PUBLIC DOMAIN
-private corporations or associations
may not hold alienable lands of the public
domain except by lease, for a period not
exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed
one thousand hectares in area.
-citizens of the Philippines may lease
not more than five hundred hectares, or acquire
not more than twelve hectares thereof by
purchase, homestead or grant.
20
Chapter 3
REVISED FORESTRY CODE
(Presidential Decree No. 705)
A. Preliminary
01. Governing law- Revised Government Code
a. The law places emphasis not only the utilization of forest resources but more so on
the protection, rehabilitation and development of forest land, in order to ensure the
continuity of their productive condition.
b. Institutes the proper classification and delimitation of the lands of the public domain,
and the management, utilization, protection, rehabilitation, and development of forest
lands.
02. State Policy
a. The multiple uses of forest lands shall be oriented to the development and progress
requirements of the country, the advancement of science and technology, and public
welfare;
b. Land classification and survey shall be systematized and hastened;
c. The establishment of wood-processing plants shall be encouraged and rationalized;
d. The protection, development and rehabilitation of forest lands shall be emphasized
so as to ensure their continuity in production condition.
A. Multiple land use- a policy which is enshrined in our laws towards the end that the
countrys natural resources may be rationally explored, developed, utilized and
conserved.
03. Definition of terms (BOOK p94)
B. Organizational Structure
04. The DENR shall be primarily responsible for the implementation of the foregoing policy.
Shall assure the availability and sustainability of the countrys natural resources
through judicious use and systematic restoration or replacement, whenever possible,
and increase the productivity of natural resources in order to meet the demands for
the products from forest, mineral, land and water resources of a growing population.
Shall be the primary government agency responsible for the conversation,
management, development and proper use of the countrys environment and natural
resources, including those in reservation and watershed areas, and lands of the
public domain, as well as the licensing and regulation of all natural resources.
a. Policy determination by the executive branch on the proper management of forest
resources cannot as a rule interfered with by the courts.
05. Organization of the Forest Management Bureau.
Director- head of the Bureau
Assistant Director- assistant of the director
*They are appointed by the President
a. Supervision of the DENR SECRETARY.
21
Upon recommendation of the Director of Forest Development, he shall promulgate

rules and regulations necessary to implement the provisions of the Code.
b. Review- All action and decisions of the Bureau Director are subject to review, motu
proprio or upon appeal of any person aggrieves thereby, by the DENR Secretary whose
decision shall be final and executor after the lapse of 30 days from receipt by the
aggrieved partyunless appealed to the President.
The decision of the DENR Secretary may not be reviewed by the courts except
through a special civil action for certiorari or prohibition.
c.
Doctrine of exhaustion of administrative remedies- calls for resort first to the appropriate
administrative authorities in the resolution of a controversy falling under their jurisdiction
before the same may be elevated to the courts of justice for review.
Enforcement of forestry laws, rules, and regulations and the protection,
development and management of forest lands fall within the primary and
special responsibilities of the DENR.
d. Finality of administrative decisions; laches- the decisions and orders of administrative

agencies have, upon their finality, the force and binding effect of a final judgment within
the purview of the doctrine of res judicata (thus forbids the reopening of a matter once
determined by competent authority within their exclusive jurisdiction).
Laches- is defined as the failure or neglect for an unreasonable and unexplained length
of time to do that which by exercising due diligence, could or should have been done
earlier, or to assert a right within a reasonable time.
06. Jurisdiction- over all forest lands, grazing lands, and all forest reservation including
watershed reservation presently administered by other government agencies or
instrumentalities.
*Forest lands- within the exclusive jurisdiction of the Bureau and beyond the power and
jurisdiction of the courts to register under the Torens system.
Bureau shall be responsible for the:
(a) Protection, development, management, regeneration, and reforestation of forest
lands;
(b) Regulation and supervision of the operation of licensees, lessees, and permittees, for
the taking or use of forest products therefrom or the occupancy or use thereof;
(c) Implementation of multiple use and sustained yield management in forest lands; the
protection, development and preservation of national parks, marine parks, game
refuges and wildlife;
(d) Implementation of measures and programs to prevent kaingin and managed
occupancy of forest and grazing lands;
(e) The effective of effective, efficient and economic classification of lands of the public
domain; and
(f) Enforcement of forestry, reforestation, parks, game and wildfire laws, rules, and
regulations.
C. Classification and Surveys
22
07. Classification
DENR SECRETARY shall determine which of the unclassified lands of the public
domain are needed for forest purposes and declare them as permanent forest to form
part of the forest reserves.
He shall decree those classified and determined not to be needed for forest purposes
as alienable and disposable lands, the administrative jurisdiction shall be transferred
to the LAND MANAGEMENT BUREAU.
a. Forest and Forest lands- in the context of both the Public Land Act and the
Constitution classifying lands of the public domain into agricultural, forest or timber,
mineral lands and national parks, do not necessarily refer to a large tract of wooded
land or an expanse covered by dense growth of trees and underbrush.
b. Public forest or forests reserves are not capable of private appropriation--unless declassified and released by POSITIVE ACT of the government so that they
may form part of the disposable agricultural lands of the public domain.
c. The IPRA converts ancestral lands as public agricultural lands for registration
purposes- IPRA expressly converts ancestral land into public agricultural land which
may be disposed by the state. No need to secure a separate certification it being
sufficient to show that the land is duly identified, delineated and certified as such.
d. Topography- No land of the public domain 18% in slope or over shall be classified
as alienable and disposable, nor any forest land 50% in slope or over, as grazing
land. UNLESS they are already covered by existing titles or approved public land
applications, or actually occupied openly, continuously adversely and publicly for a
period of not less than 30 years, where the occupant is qualified for a free patent
under the Public Land Act. *Ancestral domain and ancestral lands are PRIVATE
PROPERTY
e. Areas needed for forest purposes (BOOK p108)
f. Mangrove swamps are in the category of forest lands
g. Forest lands are not registrable UNLESS declassified and released by POSITIVE
ACT of the government so that they may form part of the disposable agricultural
lands of the public domain, are not capable of private appropriation.
08. Reservation in forest lands and off-shore areas
The President may establish within any lands of the public domain, forest reserve
and forest reservation for the national system, for preservation as critical watersheds,
or for any other purpose, and modify boundaries of existing ones.
DENR Secretary may reserve and establish any portion of the public forest or forest
reserve as site or experimental forest for use of the Forest Research Institute.
a. Reservation of land, covered by a timber concession, for experiment vests in the
grantee full ownership thereof.
D. Utilization and Management
09. Multiple Use- only the utilization, exploitation, occupation or possession of any forest land
which will produce the optimum benefits to the development and progress of the country and
the public welfare, without impairment or with the least injury to its other resources shall be
allowed.
a. Preservation and protection of forests- adherence to public policy should be followed
with respect to forest lands.
23
b. Principle of Inter-generational responsibility- a paradigm which would even qualify as

an idealogy of the new age is the protection of the environment.
c. A timber license is not a contract but a mere privilege which does not create
irrevocable rights
10. License agreement, license, lease or permitNo person may utilize, occupy possess or
conduct any activity within any forest land, or establish and operate any wood-processing
plant---UNLESS he has been authorizes to do so under a license agreement, lease, license,
or permit.
E. Timber
11. Duration of license agreement or license to harvest timber in forest lands- shall be fixed and
determined in accordance with the ANNUAL ALLOWABLE CUT.
Max Period of any privilege to harvest timber is 25 years, renewable for a period not
exceeding 25 years, necessary to utilize all the remaining commercial quantity or
harvestable timber either from the unlogged or logged-over area.
The Bureau shall determine the condition for the continued privilege to harvest
timber.
12. Size of forest concession- shall be limited to that which a person may effectively utilize and
develop for a period of 50 years.
Congress shall determine by law the specific limits of forest lands and national parks,
marking clearly their boundaries on the ground.
F. Reforestation
13. Forest lands to be reforested
(a) Bare or grass-covered tracts of forest lands (at least 50% slope)
(b) Bare or grass-covered tracts of forest lands ( 50%) but with soil so highly erodible as to
make grass cover inadequate for soil erosion control
(c) Brushlands or tracts of forest lands generally covered with brush
(d) Open tracts of forest lands with slopes or gradients generally exceeding (50%),
interspersed with patches of forest each of which is less than 250 hectares in area
(e) Denuded or inadequately-timbered areas proclaimed by the President as forest reserves
and reservations as critical watershed, national parks, etc.
(f) Inadequately-stocked forest lands within forest concessions
(g) Portions of areas covered by pasture leases or permits having a slope of 50%
(h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and
beaches
14. Industrial tree plantations and tree farms
Lease for 25 years, renewable for another period not exceeding 25 years, granted by
DENR, upon recommendation of the Director, to any person qualified to develop and
exploit natural resources (timber or forest lands), minimum areas of 100 hectares
(industrial trees) and 100 hectares (tree farms)
a. Incentives to encourage qualified persons to engage in industrial tree plantation, tree
farm and/or agroforest farm (Sec 36 of PD No. 705)
G. Forest Protection
15. Control of Concession area
24
The utilization of timber therein shall not be allowed except through license
agreements under which the holders thereof shall have the exclusive privilege to cut
all the allowable harvestable timber in their respective concessions, and the
additional right of occupation, possession, and control over the same, to the
exclusive of all others, except the government.
16. Regulation of timber utilization in all other classes of lands and of wood-processing plants.
Shall be regulated in order to prevent them from being used as shelters for excessive
and unauthorized harvests in forest lands, and shall not therefore be allowed except
through a license agreement, license or permit.
17. Swamplands and mangrove forests
Shall be maintained and shall not be alienated.
All mangrove swamps set aside for coast-protection purposes shall not be subject to
clear-cutting operation.
Mangrove and other swamps released to the Bureau of Fisheries and Aquatic
resources for fishpond purposes which are not utilized, or which have been
abandoned for 5 years from the date of such release, shall revert to the category of
forestlands.
18. Visitorial power
DENR Secretary or Director or any qualified representative, may investigate, inspect
and examine records, books and other documents relating to the operation of any
holder of a license agreement, license, lease, or permit, and its subsidiary or affiliated
companies, to determine compliance with the terms and conditions thereof, the
Revised Forestry Cod and other pertinent laws and regulations.
19. Authority of forest officers.
When in the performance of their official duties (duly authorized by the Secretary or
Director) shall have free entry into areas covered by a license agreement, license,
lease or permit.
Forest Officers- authorized to administer oath and take acknowledgement in official
matters connected with the functions of their office, and to take testimony in official
investigations conducted under the authority of the Code and the implementing rules
and regulations.
20. Mining operations
Shall be regulated and conducted with due regard to protection, development and
utilization of other surface resources.
Shall be governed by mining laws, rules and regulations.
Proper notice upon approval of the Director must be secured
21. Mineral reservations
which are not the subject of mining operations or where operations have been
suspended for more than 5 years shall be placed under forest management by the
Bureau.
25
Where mining operations have been terminated due to the exhaustion of its minerals
shall revert to the category of forest land, unless otherwise reserved for other
purposes.
H. Special Uses
22. Pasture in forest lands
No forestland 50% in slope or over may be utilized for pasture purposes.
Forestlands which are being utilized for pasture shall be maintained with sufficient
grass cover to protect soil, water and other forest resources.
The size of forestlands that may be allowed for pasture and other special uses shall
be determined by rules and regulations.
23. Wildlife
Director may regulate the killing and destruction of wildlife in forest lands in order to
maintain an ecological balance of flora and fauna.
24. Recreation
The construction and operation of necessary facilities to accommodate outdoor
recreation shall be done by the Bureau with the use of funds derived from rentals and
fees for the operation and use of recreational facilities by private persons or
operators, in addiction to whatever funds may be appropriated for such purposes.
25. Other special uses of forest lands
Forest lands may be leased for a period not exceeding 25 years, renewable upon the
expiration
I. Qualifications
26. Diffusion of benefits
In the evaluation of applications of corporations, increased Filipino equity and
participation beyond the 60% constitutional limitation shall be encourages. All other
factors being equal, the applicant with more Filipino equity and participation shall be
preferred.
27. Service contracts
The secretary main, in the national interest, allow forest products licensees, lessees,
or permittees to enter into service contracts for financial, technical, management, or
other forms of assistance, in consideration of a fee, with any foreign person or entity.
EO no. 278 until Congress otherwise provides, the DENR Secretary is authorized
to negotiate and enter into, for and in behalf of the government, joint venture, coproduction, or production-sharing agreements for the exploration and utilization of
forest lands and/or forest resources with any Filipino citizen, or corporation, or
association, at least 60% of whose capital is owned by Filipino citizens.
J. Criminal Offences and Penalties
28. Cutting, gathering and/or collection timber or other products without license
Sec. 1. Section 68 of Presidential Decree (P.D.) No. 705, as amended, is hereby amended to
read as follows:
26
"Sec. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without
License. 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: Provided, That in the case
of partnerships, associations, or corporations, the officers who ordered the cutting, gathering,
collection or possession shall be liable, and if such officers are aliens, they shall, in addition
to the penalty, be deported without further proceedings on the part of the Commission on
Immigration and Deportation.
"The court shall further order the confiscation in favor of the government of the timber or any
forest products cut, gathered, collected, removed, or possessed as well as the machinery,
equipment, implements and tools illegally used in the area where the timber or forest
products are found."
Sec. 2. Presidential Decree No. 705, as amended, is hereby further amended by adding
Sections 68-A and 68-B which shall read as follows:
"Sec. 68-A. Administrative Authority of the Department Head or His Duly Authorized
Representative to Order Confiscation. In all cases of violations of this Code or other forest
laws, rules and regulations, the Department Head or his duly authorized representative, may
order the confiscation of any forest products illegally cut, gathered, removed or possessed or
abandoned, and all conveyances used either by land, water or air in the commission of the
offense and to dispose of the same in accordance with pertinent laws, regulations or policies
on the matter.
"Sec. 68-B. Rewards to Informants. Any person who shall provide any information leading to
the apprehension and conviction of any offender for any violation of this Code or other forest
laws, rules and regulations, or confiscation of forest products shall be given a reward in the
amount of twenty per centum (20%) of the proceeds of the confiscated forest products."
-
Conveyance- is any mode or type or class of vehicle or craft or any other means
used for transportation either on land, water, air, or any combination thereof, whether
motorized or not, used for or in taking and/or maintaining temporary or permanent
possession or control, gathering, collecting, processing, disposing of, or otherwise
transporting, moving or transferring illegal forest products.
Forest products- refers to timber including lumber, pulpwood, firewood, bark, tree top,
resin, gum, wood, oil etc. Or other forest growth.
Illegal forest products- means any forest products that are removed, cut, collected,
processed, and/or transported: (a) without the requisite authorization or permit; or (b)
with incomplete supporting documents; (c) with genuine authorization or permits but
whose validity; or (d) with spurious (fake) authorization, permits and/or supporting
documents
a. Two distinct offenses are punished under section 68 (77), PD No. 705, as
amended.
1) Cutting, gathering, collecting and removing timber or other forest products
from any forest land or timber from alienable or disposable public land, or
from private land without any authority.
27
One can raise as a defence the legality of the acts of cutting, gathering,
collecting or removing timber or other forest products by presenting the
authorization issued by the DENR.
2) Possession of timber or other forest products without the legal documents

required under existing forest laws and regulations.
It is immaterial whether cutting, gathering, collecting and removal of the
forest products is legal or not. Mere possession of forest products
without the proper documents consummates the crime.
WON the lumber comes from a legal source is immaterial because EO
No. 277 considers the mere possession of timber or other forest products
without the proper legal documents as malum prohibitum (when the
doing of an act is prohibited by a special law).
b. Violation of Section 68 (77) is punished as qualified theft.
c. Lumber is a processed log or timber
d. DENR has jurisdiction over the confiscation of forest products and conveyances
used in the commission of the offense.
The RTC has jurisdiction to order the confiscation of the timber or forest
products as well as the machinery, equipment, implements and tools illegally
used in the area where the timber or forest products are found; HOWEVER,
the DENR Secretary or his duly authorized representative has jurisdiction to
order the confiscation and disposition of all conveyance (by land, water, air)
used in illegally cutting gathering, removing, possessing or abandoning forest
products.
e. Confiscation proceedings under AO No. 59 different from the confiscation under
the RPC, which is an additional penalty imposed in the event of conviction
The DENR Secretary or his duly authorized representative has the power to
confiscate any illegally obtained or gathered forest products and all
conveyances used in the commission of the offense and to dispose of the
same in accordance with pertinent laws. However, this power is in relation to
the administrative jurisdiction of the DENR.
The release of the truck did not render nugatory the administrative authority
of the DENR Secretary
Despite the order of release, the truck can be seized again either by filling a
motion for reinvestigation and motion to include the truck owner/driver.
29. Unlawful occupation or destruction of forest lands
Any person who enters and occupies or possesses, or makes kaingin for his own
private use or for others any forest lands without authority under a license agreement
(etc), or in any manner destroys such forest land etc, shall, upon conviction, be fined
in an amount of not less than 500php- 20,000php and imprisoned- 6mos-2years, and
be liable to the payment of 10 times the rental fee and other charges...
In case of an offender found guilty of making kaingin, the penalty shall be imprisoned
for 2-4 years and a fine equal 8 times the regular forest charges due...
The court shall further order the eviction of the offender from the land and the
forfeiture to the government of all improvements made and all vehicles.
In case the offender is a government official or employee, he shall, in addition to the
above penalties, be deemed automatically dismissed from office and permanently
disqualified from holding ny elective or appointive position
28
30. Pasturing livestock

Any person, without permit, graze or cause to graze livestock in forest lands, grazing
lands and alienable and disposable lands which have not as yet been disposed.
Imprisonment for 6 mos 2 years and a fine equal to 10 times the regular rentals
due, in addition to the confiscation of such livestock and all improvements
In case the offender is a corporation, partnership or association, the officers and
directors thereof shall be liable
31. Illegal occupation of national parks system and recreation areas and vandalism therein
Any person, without permit, occupy any length of time any portion of the national park
system or shall, in any manner, cut, destroy, damage or remove timber or etc. Shall
be fined 200php-500php exclusive of the value of the thing damage
The court shall order eviction of the offender from the land and the forfeiture in favour
of the government of all timber or any species of vegetation and other natural
resources collected or removed, and any construction or improvement made thereon
by the offender.
32. Survey by unauthorized persons
Imprisonment for 2-4 years, in addition to the confiscation of the implements used...
MISSING PAGES 134 and 135

33. Asfafs
a. S asd
b. Forest products and other items seized and confiscated upon authority of the DENR
Secretary is beyond the reach of replevin
The Court held that the suit for replevin is never intended as a procedural tool to
question the orders of confiscation and forfeiture issued by the DENR.
Section 8 of PD No. 705, as amended, states that (1) all actions and decisions
of the Forest Management Bureau are subject to review by the DENR
Secretary; (2) the decisions of the DENR Secretary are appealable to the
President; and (3) courts cannot review the decisions of the DENR Secretary
except through a special civil action for certiorari or prohibition.
Action seeking to recover forest products in the custody of the DENR should be
directed to that agency not the coursts.
29
CHAPTER IV
MINING ACT OF THE PHILIPPINES
(March 3, 1995)
A. PRELIMINARY
GOVERNING LAW
o Instituting a new system of mineral resources exploration, development, utilization and
conservation in the country.
o July 6, 2012 EO No 79 to implement reforms in the mining industry and to apply
consistency in the national and the local laws pertaining to mining. It bans mining in
protected and tourism and holds off issuance of new mining permits pending the approval
of a new revenue sharing scheme.
DECLARATION OF POLICY
o The State shall ensure, for the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition , utilization, management, renewal and
conservation of the countrys forest, miner, land, waters, fisheries, wildlife, off-shore areas
and other natural resources, consistent with the necessity of maintaining a sound ecological
balance and protecting and enhancing the quality of the environment and the objective of
making the exploration, development and utilization of such natural resources equitably
accessible to the different segments of the present as well as for future generations.
OWNERSHIP OF MINERAL RESOURCES
Regalian doctrine
intended for the benefit of the State, not of private persons
extends to all natural lands
the right to possess/own the surface ground is distinct and separate from the
mineral rights over the same land EMINENT DOMAIN
IF MINERAL IS SITUATED IN A PRIVATE LAND : OWNER HAS NO RIGHT TO EXTRACT
WITHOUT THE PERMISSION OF THE STATE
o FULL CONTROL AND SUPERVISION BY THE STATE IN THE EXPLORATION, DEVELOPMENT
AND UTILIZATION OF THE COUNTRYS NATURAL RESOURCES
Jura Regalia
PRESIDENT
has the power to establish mineral reservations where mineral operations
shall be undertaken directly by the State or through a contractor
the options to open to the State are through the direct undertaklng or by
entering into an agreement (co-production, joint venture, production
sharing)with foreign-owned corporations FOR LARGE SCALE exploration,
development and utilization
Article XII, 1987 Constitution
30
The exploration, development and utilization of the countrys natural

resources are matters vital to the public interest and the general welfare of
the people
THE OLD SYSTEMOF EXPLORATION, DEVELOPMENT, UTILIZATION OF NATURAL RESOURCES
THROUGH LICENSES, CONCESISONS, LEASES HAS BEEN OMMITTED UNDER THE 1987
CONSTITUTION
Ra No. 7942 has repealed/amended all laws, EOS, PDS, rules and regulations or
parts thereof that are inconsistent with any of its provisions
Nonetheless respects previously issued valid and existing licenses:
Sec. 5 mineral reservations
Sec. 7 periodic review of existing mineral reservations
Sec. 18 areas open to mining operations
RA 7942 REITERATES OWNERSHIP OF NATURAL RESOURCES BY THE STATE
Sec. 4 Ownership of Mineral Resources
The State shall recognize and protect the rights of the indigenous cultural
communities to their ancestral lands as provided for by the Constitution
Sec. 2 Declaration of Policy
ACTIVITIES WHICH MAY BE UNDERTAKEN BY THE STATE IN CONNECTION WITH THE FULL
CONTROL AND SUPERVISION
1. The State may directly undertake such activities
2. The State may enter into co-production, joint venture/ production
sharing agreements with Filipino citizens/qualified corporations
3. Congree may, by law allow small-scale utilization of natural resources by
Filipino citizens
4. For the large-scale exploration, development and utilization of minerals,
petroleum and other mineral oils, the President may enter into
agreements with foreign-owned corporations involving
technical/financial assistance.
MECHANISM OFINSPECTION AND VKISITORIAL RIGHTS OVER MINING
OPERATIONS AND INSTITUTE DEVELOPMENT AND PROPER USE OF THE
STATES MINERAL RESOURCES
1. DENRs power of over-all supervision and periodic review for the
conservation, management, development, and proper use of the
States mineral resources
2. Mines and Geosciences Bureau (MGB)
Exercise direct charge in the administration and
disposition of mineral resources
Monitor the compliance by the contractor of the terms and
conditions of the mineral agreements
Confiscate surety and performance bonds
31
Deputize whenever necessary any member/unit of the PNP,

barangay, duly recognized NGOs/ any qualified person to
police the mining activities
3. Regional director exclusive jurisdiction over safety inspections of
all installations, whether surface/underground, utilized in mining
operations
4. Incorporates into all FTAA/s the following terms, conditions and
warranties :
Mining operations shall be conducted in accordance with
the provisions of this Act and IRR
Work programs and minimum expenditures commitments
Requiring proponent to effectively use appropriate antipollution technology and facilities to protect the
environment and restore/rehabilitate mined out areas
The contractors shall furnish the government records of
geologic, accounting and other relevant data for its mining
operations and that book of accounts and records shall be
open for inspection by the government
Requiring the proponent to dispose of the minerals at the
highest price and more advantageous terms and conditions
Such other terms and conditions consistent with the
Constitution with the act as secretary may deem to be for
the best interest of the State and the welfare of the people.
RRIGHTS OF A LOCATOR TO A PERFECTED MINING CLAIM
o A perfected valid appropriation of public mineral lands operates as a withdrawal of the tract
from the body of the public domain, and so long as such appropriation remains valid and
subsisting PRIVATE PROPERTY
o BUT MERE RECORDING OF A MINING CLAIM, WITHOUT PERFORMING ANNUAL WORK
OBLIGATION, DOES NOT CONVERT LAND INTO A MINERAL LAND
o ABANDONMENT
ABANDON to forsake or renounce utterly
Results when :
o Intent to abandon a right/claim
o External act by which that intention is expressed and carried into
effect
MINERAL RESERVATIONS
o Resides in the PRESIDENT (Section 5)
Establishment of mineral reservations
It is BEYOND the power of the DENR secretary to withdraw lands from forest
reserves and to declare the same as an area open for mining operations
o SECTION 6 : OTHER RESERVATIONS
32
Mining operations in reserved lands other than mineral reservations DENR

Secretary
o RA 7942 DSOES NOT DISALLOW MINING OPERATIONS, EXCEPT:
In military and other government reservations, except upon prior written clearance
by the government agency concerned
In areas expressly prohibited by law
In old growth/virgin forests, proclaimed watershed forest reserves, wilderness
areas, mangrove forests, mossy forests, national parks, provincial/municipal forests,
parks, greenbelts, game refuge and bird sanctuaries.
o REQUIREMENTS FOR THE PROSPECTING AND EXPLORATION OF THE GOVERNMENT
RESERVED LAND
A prospecting permit from the agency that has jurisdiction over the area
An exploration permit from the MGB
If the exploration reveals the presence of commercial deposit, the permittee applies
with the MGB for the exclusion of the area from the reservation
Issuance of Presidential proclamation excluding the area from the reservation
A mining agreement approved by the DENR secretary
CLASSIFICATION OF MINERALS
o First group metals/metalliferous
o Second group precious stones
o Third group fuels
o Fourth group saline and mineral works
o Fifth group building stone in place, clays, fertilizers and other non-metals
B. ORGANIZATIONAL STRUCTURE
AUTHORITY OF THE DEPARTMENT

Primary agency responsible for the conservation, management, development and
proper use of the States mineral resources including those in reservations,
watershed areas and lands of public domain
SECRETARY shall have the authority to enter into mineral agreements on behalf of
the government upon the recommendation of the Director and promulgate such
rules and regulations as may be necessary to implement th eintent and provisions of
the Act.
o VALIDITY OF ADMINISTRATIVE ORDERS ISSUED BY THE DEPARTMENT SECRETARY (PD 463
REPEALED)
1987 Constitution
Authorizing the DENR Secretary to negotiate and conclude joint venture, coproduction or product-sharing agreements for the exploration,
development and utilization of mineral resources and prescribing the
guidelines for such agreements and those agreements involving
33
technical/financial assistance by foreign-owned corporations for large-scale

exploration, development and utilization of minerals.
ROLE OF LOCAL GOVERNMENTS
1. To ensure the relevant laws on public notice, public consultation and public
participation are complied with
2. In coordination with the Bureau / Regional office(s) and subject to valid and existing
mining rights, to approve applications for small-scale mining, sand and gravel,
quarry, guano, gemstone, gathering and gratuitous permits and for industrial sand
and gravel permits not exceeding 5 hectares
3. To receive their share as provided for by law in the wealth generated from the
utilization of mineral resources and thus enhance economic progress and national
development
4. To facilitate the process by which the community shall reach an informed decision
on the social acceptability of a mining project as a requirement for securing the EEC
5. To participate in the monitoring of any mining activity as a member of the
Multipartite Monitoring Team
6. To participate as a member of the Mine Rehabilitation Fund Committee
7. To be the recipient of social infrastructure and community development projects for
the utilization of the host and neighboring communities
8. To act as a mediator between the indigenous cultural communities and the
contractors as may be requested
9. To coordinate with the Department / Bureau in the implementation of the Act and
the IRR in their specific jurisdictions
10. To perform such other powers and functions as may be provided for by applicable
laws, rules and regulations
AUTHORITY OF THE BUREAU
1. To have direct charge in the administrative and disposition of mineral lands and
mineral resources
2. To undertake geological, mining, metallurgical, chemical and other researches, as
well as mineral exploration surveys
3. To confiscate, after due process, surety, performance and guaranty bonds after
notice of violation
4. To recommend to the Secretary the granting of Mineral Agreements/ to endorse to
the Secretary for action by the President the grant of FTAAs in favor of the qualified
persons and to monitor compliance by the contractor with the terms and conditions
of the Mineral Agreements and FTAAs
5. To cancel / recommend cancellation, after due process, mining rights, mining
applications and mining claims for non-compliance with pertinent laws, rules and
regulations
6. To deputize, when necessary, any member/unit of the PNP and barangay, duly
registered and Department accredited NGO/ any qualified person to police all
mining activities
34
7. To assist the EMB in the processing/conduct of environmental impact assessment in

mining projects
8. To exercise such other authority vested by the Act and as provided for their IRR
DIRECTOR delegate such authority and other powers and functions to the Regional
director
o BUREAU CONFERRED WITH QUASI-JUDICIAL POWERS
MGB vested with jurisdictional supervision and control over all holders of mining
claims/ applicants and/or grantees of mining licenses, permits, leases and/or
operators thereof, including mining service contracts and service contracts insofar
as their mining activities are concerned
1. The primary powers granted by pertinent provisions of law to the them Secretary of
Agriculture and Natural Resources of an executive/administrative in nature
Granting of license permits, lease and contracts
Approving, rejecting, reinstating or cancelling applications
Deciding conflicting applications
2. Controversies/ disagreements of civil/ contractual nature between litigants which
are the questions of a judicial nature between litigants which are questions of a
judicial nature between litigants which are questions of a judicial nature that may
be adjudicated only by the Courts of Justice
But the RESOLUTION of the validity or voidness of the contracts remain a LEGAL /
JURIDICAL QUESTION
o DOCTRINE OF PRIMARY JURISDICTION
Finds application in a case where the question is about coal areas should be
exploited and which entity should be granted coal operating contracts
o NON-INTERFERENCE BY THE COURTS ON PURELY ADMINISTRATIVE MATTERS
The administrative decision in matters within the executive jurisdiction can only be
set aside on proof of gross abuse of discretion, fraud or error of law
RECORDING SYSTEM
o Mineral resource data system
o Annual mineral gazette of nationwide circulation
C. SCOPE OF APPLICATION
AREAS OPEN TO MINING OPERATIONS
o Public
o Private lands
AREAS CLOSED TO MINING OPERATIONS
o Military and other government reservations
o Near/ under public/ private buildings, cemeteries, archaeological and historical sites,
bridges, highways, waterways, railroads, reservoirs, dams/ other infrastructure projects,
public/private works including plantations/ valuable crops
o In areas covered by valid and existing mining rights
o In areas expressly prohibited by law
35
o
o
In areas covered by small-scale miners

Old growth/ virgin forests, proclaimed watershed, forest reserves, wilderness area,
mangrove forests, parks, greenbelts, game refuge and bird sanctuaries
D. EXPLORATION PERMIT
EXPLORATION PERMIT
o Grants the right to conduct exploration for all minerals in specified areas
o May be directly undertaken by the Government
SECTION 3(aq) OF RA 7492 IS NOT UNCONSTITUTIONAL
o Allows a foreign contractor to apply for and hold an exploration permit
o There is NO PROHIBITION
o Such a permit does not amount to an authorization to extract and carry off the mineral
resources that may be discovered
SUBMISSION OF WORK PROGRAM
o The government will be able scrutinize and approve or reject such expenditures
TERM OF EXPLORATION PERMITS
o 2 years from the date of issuance
o Renewal : not exceeding
4 years nonmetallic
6 years metallic
MAXIMUM AREA FOR EXPLORATION PERMIT
o ON SHORE, IN ANY 1 PROVINCE
Individual 20 blocks
Partnerships 200 blocks
o ON SHORE, ENTIRE PHILIPPINES
Individuals 40 blocks
o OFFSHORE, BEYOND 500M FROM THE MEAN LOW TIDE LEVEL
Individuals 100 blocks
RIGHTS AND OBLIGATIONS OF THE PERMITTEES
o Right to enter, occupy and explore the area
o Secure PERMIT
TERMS AND CONDITIONS OF EXPLORATION PERMIT
a. The right to explore shall be subject to valid, prior and existing rights of any parties within
the subject area
b. The permit shall be for the exclusive use and benefit of the permittee
c. Period of 2 years
d. The permittee shall submit to the Bureau or Regional Office concerned within 30 calendar
days after the end of each semester a report under oath of the exploration work program
implementation and expenditures
36
e. The permittee shall submit to the Bureau or Regional Office concerned within 30 calendar
days after the end of 6 months after the approval of the environmental work program and
every 6 months thereafter a status report on its compliance with the said FWP
f. The permittee shall annually relinquish at least 20% of the permit area during the first 2
years of exploration and at least 10% of the remaining permit area annually during the
extended exploration period
g. The Secretary or his duly authorized representative shall annually review the performance
of the permittee
h. The permittee shall submit to the Bureau/ regional office concerned a final report upon the
expiration or relinquishment of the permit
i. Diamond drilling permittee shall submit to the Bureau/ regional office a quarter of the
core samples for safekeeping
j. Offshore exploration shall be carried out in accordance with the UNCLOS
k. Offshore exploration shall be carried out in a manner that will safeguard the environment
l. If the permittee applies for a mineral agreement or the FTAA over the permit area, the
exploration period covered by the exploration permit of the mineral agreement
m. permittee shall comply with the pertinent provisions of these IRRs
n. The permittee in the case of a juridical entity shall annually submit a copy of its SEC received
general information sheet
o. Other terms and conditions the Bureau/ regional office may deem appropriate
REGISTRATION OF EXPLORATION PERMIT
o Upon evaluation of the terms and conditions
EXPLORATION PERMIT EVOCABLE WHEN DEMANDED BY THE POLICE POWER
E. MINERAL AGREEMENTS
FORMS OF MINERAL AGREEMENT

o Mineral production sharing
The government grants the contractor the exclusive right to conduct mining
operations within a contract area and shares in the gross output
Provides the financing, technology, management and personnel necessary for the
agreements implementation
o Co production agreement
The government provides inputs to the mining operations other than the mineral
resource
o Joint Venture Agreement
Government and contractor having equal shares
ELIGIBILITY
o Individual
Filipino
Legal age
37
With capacity to contract

o Corporation
Organized or authorized for the purpose of engaging in mining
Duly registered in accordance with the law
60% of its capital is owned by Filipinos
FILIING AND APPROVAL OF MINERAL AGREEMENTS
o Shall be filed in the region where the areas of interest are located, except in mineral
reservations which shall be filed within the Bureau
ASSIGNMENT/ TRANSFER
o Shall be subject to the approval of the Secretary
TERM OF A MINERAL AGREEMENT
o 25 years, renewable
PUBLICATION, POSTING, RADIO ANNOUNCEMENT
o Within 15 days from the receipt of the necessary clearances
REGISTRATION OF MINERAL AGREEMENT
o Within 15 days
F. FINANCIAL / TECHNICAL ASSISTANCE AGREEMENT
FTA A
o
A contract involving financial or technical assistance for large-scale exploration,

development and utilization of natural resources
ELIGIBILITY
o Any qualified person with technical and financial capability to undertake large-scale
exploration, development, and utilization of natural resources in the Philippines
o LARGE-SCALE determined by the size of the contract area
MINERALS SUBJECT TO FTAA
o Gold
o Copper
o Nickel
o Chromite
o Lead
o Zinc
MAXIMUM CONTRACT AREA
o 1000 meridional blocks onshore
o 4000 meridional blocks offshore
o COMBINATION provided that it shall not exceed the MAXIMUM LIMITS
TERM OF AN FTAA
o 25 years
Exploration 2 years
Pre-feasibility study 2 years
Feasibility study 2 years
38
Development, construction and utilization remaining years of the FTAA

NEGOTIATIONS
o THROUGH TAX
o EXECUTED BY THE DENR Secretary for approval by the President
FILING AND EVALUATION OF FTAA
o Filed with the Bureau after payment of he required processing fees
o The FTAA application shall be accepted only upon payment of the required fees
accompanied by 8 seta of the FTAA proposals and 5 sets of the mandatory requirements
PUBLICATION, POSTING AND RADIO ANNOUNCEMENT
TERMS AND CONDITIONS OF THE FTAA (same with the terms and conditions stated above :)
ASSIGNMENT/ TRANSFER
o In whole or in part
FTAA PROVISIONS OF RA 7942 AND DAO NO. 96-40, s. 1996 HELD VALID
o Non- impairment of contracts
o Retroactive application
G. QUARRY RESOURCES
QUARRY OPERATIONS; GENERAL PROVISIONS
o Quarry sand and gravel, guano and gemstone resources in private and/or public lands may
be extracted, removed, disposed and/or utilized
CONDITIONS :
Mining applicant/ contractor more than one final mining area; sand gravel
approval by any 2 of the Sanggunian concerned in the form of a formal
resolution
Each final mining area covered by a declaration of mining project
feasibility; supported by a mining project feasibility study; development/
utilization work program; application for survey
Final mining areas shall not exceed the maximum limits set
For sand, gravel or lahar deposits mineral agreement shall exclude the
exploration period and immediately proceed to the development and/or
operation periods
SIZE OF AREA COVERED BY QUARY PERMIT
Not more than 100 hectares in any 1 province
Not more than 1000 hectares in the entire Philippines
PROVINCIAL/ CITY MINING REGULATORY BOARD
Accept, process and evaluate applications and determine administrative
charges and fee for quarr, sand and gravel, guano, gemstone gathering and
small-scale mining permits duly fixed with the same
QUARRY PERMIT
o Not more than 5 hectares
o 5 years
39
SAN AND GRAVEL PERMITS

o COMMERCIAL SAND AND GRAVEL PERMIT
Any qualified person
Not more than 5 hectares for a term of 1 year form the issuance
o INDUSTRIAL SAND AND GRAVEL PERMIT
More than 5 hectares
25 hectares
Only 1 permit shall be granted to a qualified person in a municipality at any one
time under such terms and conditions as provided therein
o EXCLUSIVE SAND AND GRAVEL PERMIT
Not more than 1 hectare for a non-renewable period not exceeding 60 calendar
days and a maximum volume of 50 cubic meters
o RIGHTS AND OBLIGATIONS OF THE QUARRY/ COMMERCIAL/ INDUSTRIAL SAN AND GRAVEL
PERMIT HOLDER (same with rights and obligations stated in preceding topics)
GRATUITOUS PERMITS
o GOVERNMENT GRATUITOUS PERMITS
Period of 1 year
No more than 2 hectares
o PRIVATE GRATUITOUS PERMIT
60 calendar days
GUANO PERMIT
o Any qualified person, whose domicile is within the municipality where the area applied for is
located
o Term : 1 year upon the extraction of the quantity
GEMSTONE GATHERING PERMIT
o Not exceeding 1 year from the date of issuance
CANCELLATION, REVOCATION, TERMINATON OF QUARRY, SAND AND GRAVEL, GRATUITOUS,
GUANO AND GEMSTONE GATHERING PERMIT
o GROUNDS :
Failure to comply with the terms and conditions of the permit and ECC
Violation of any provision of the Act and these IRR
Failure to pay the excise tax for 2 consecutive years
Any misrepresentation in any statement made in the application or those made
later in support thereof
If the commodity stipulated in the permit has been exhausted before the expiry
date thereof
When national interest and public welfare so require/ for environmental protection/
ecological reasons
I. TRANSPORT, SALE AND PROCESSING OF MATERIALS
40
ORE TRANSPORT PERMIT - A permit specifying the origin specifying the origin and quanitity of nonprocessed mineral ores / minerals
MINERAL TRADING REGISTRATION
o Registered with the DTI and accredited by the DENR, with copy of said registration
submitted to the Bureau
MINERAL PROCESSING PERMIT
o 5 years
o Renewable with like years but not exceeding 25 years
J. SAFETY AND ENVIRONMENTAL PROTECTION
MINES SAFETY AND ENVIRONMENTAL PROTECTION

o Must be complied with by all contractors
MINE LABOR
o No person under 16 shall be employed in any phase of mining
o No person under 18 shall be employed underground in a mine
o Quarrying and mining
50 workers;
at least 1 licensed mining engineer with at least 5 years of experience;
1 registered foreman
POWER TO ISSUE ORERS
o Remedy any practice connected with mining/ quarrying operations
POLLUTION CASES UNDER THE JURISDICTION OF THE POLLUTION AND ADJUDICATION BOARD
o POLLUTION
Any alteration of the physical, chemical, biological properties or any water, air or
land resources of the Philippines, or any discharge thereto of any liquid, gaseous or
solid wastes
ENVIRONMENTAL IMPACT ASSESSMENT
o Require national agencies to maintain ecological balance, and prior consultation with the
LGUs, non-governmental and peoples organizations and other concerned sectors of the
community
K. SURFACE RIGHTS
EASEMENT RIGHTS
o Upon payment of just compensation
ENTRY TO LANDS
o Damage just compensation
SEC. 76 CONSTITUTES OMPENSABLE TAKING FOR PUBLIC USE
SURFACE RIGHTS MUST BE BASED ON COMPLIANCE WITH LEGAL REQUIREMENTS
L. TRANSPORT OF MINE
ORE TRANSPORT PERMIT

41
ARRESTS, CONFISCATIONS AND SEIZURES

o Absence of documents
CUSTODY OF THE CONFISCATED/ SEIZED MINERALS/ MINERAL PRODUCTS, TOOLS, EQUIPMENT AND
CONVEYANCE
o Apprehension by the Bureau field officer
Deposited with the concerned Regional office/ wherever is the most convenient
FOR SAFEKEEPING
o Apprehension by the PNP, EIIB, Coast Guard and other government law enforcement
agencies
Shall notify the concerned Regional office and turn over the seized items thereto for
proper investigation and disposition
o Confiscated gold or other precious metals BSP
M. SETTLEMENT OF CONFLICTS
PANEL OF ARBITRATORS
o 3 members
2 Members of the Philippine Bar
1 licensed engineer
o Jurisdiction to hear and decide on the following disputes:
Rights to mining areas
Mineral agreements / permit
Surface owners, occupants and claimholders or concessionaries
Pending before the Bureau and the department at the date of the effectivity of the
Act
o APPEAL
To theMines Adjudication Board within 15 days from receipt
Decide case within 30 days from submission thereof for decision
MINES ADJUDICATION BOARD
1. Promulgate rules and regulations governing the hearing and disposition of cases before it
2. Administer oaths, summons the parties to a controversy, issue subpoena requiring the
attendance and testimony of witnesses or the production of such books, papers, contracts
as may be material to a just determination of the matter under investigation
3. Conduct hearings on all matters within its jurisdiction where it is trivial or where further
proceedings are not necessary or desirable :
Hold any person in contempt, directly or indirectly and impose appropriate
penalties therefor
Enjoin any or all acts involving or arising from any cause pending before it
o ADJUDICATION OF MINING : AN ADMINISTRATIVE MATTER
This does not mean that administrative bodies have complete rein over mining
disputes
o NO AUTHORITY OVER POLLUTION CASES
42
o
o
MAB DECISIONS ARE APPEALABLE TO THE CA

DENR DEVOID OF JURISDICTIONTO DETERMINE VALIDITY OF MINING CONTRACTS /
DISPUTES
DENR
Has authority over mining disputes
Has the authority to exercise its technical knowledge or expertise over any
mining operations and dispute
N. GOVERNMENT SHARE
GOVERNMENT SHARE IN MINERAL PRODUCTION SHARING AGREEMENT

o Excise tax in mineral products
GOVERNMENT SHARE IN OTHER MINERAL AGREEMENTS
o Capital investment of the product
o Risks involved
o Contribution of the project to the economy
o Other factors that will provide for a fair and equitable sharing between the government and
the contractor
O. INCENTIVES
FISCAL AND NON-FISCAL INCENTIVES

o Contractors in mineral agreements and financial or technical assistance agreements
o Under EO No. 226 (Omnibus Investment Code of 1987)
INCENTIVES FOR POLLUTION CONTROL DEVICES
INVESTMENT GUARANTEES
o Repatriation f investments
The entire proceeds of the liquidation of the foreign investment in the currency in
which the investment was originally made and at the exchange rate prevailing at the
time of the repatriation
o Remittance of earnings
From the investment in the currency in which the foreign investment was originally
made and at the exchange rate prevailing at the time of the remittance
o Foreign loans and contracts
o Freedom from expropriation
o Requisition of investment
o Confidentiality
P. GROUNDS FOR CANCELLATION, REVOCATION AND TERMINATION
Late / non-filing of requirements
Violation of the terms and conditions of permits/agreements
Non-payment of taxes and fees
Suspension / cancellation of tax incentives and credits
43
Grounds for suspension/ cancellation

Any violation of the Act, rules and regulations
Any material misrepresentation or false statements
Whenever the project ceases to be viable and its continued operation would require
additional costs to the economy
o Withdrawal from the mineral agreement / FTAA
Written notice shall be sent to the director before the decision is implemented
EFFECT OF EXPIRATION AND CANELLATION OF A PERMIT AND MINERAL AGREEMENT / FTAA
o Mining operation may be undertaken by the government through one of its agencies
Q. ORGANIZATIONAL AND INSTITUTIONAL ARRANGEMENTS
R. PENAL PROVISIONS
False statements
Illegal exploration
Theft of minerals
o ELEMENTS:
The accused extracted, removed and/or disposed of minerals
These minerals belong to the government and have been taken from a mining
claim/claims leased, held or owned by other persons
The accused did not possess a mining lease or a temporary permit or any other
permit to mine granted by the Secretary or the Director under existing mining
decrees, laws and regulations
Destruction of mining structures
Mines arson
Willful damage to a mine
Illegal obstruction to permittees or contractors
Violation of the terms and conditions of the environmental compliance certificate
Obstruction of governmental officals
44
CHAPTER V
PEOPLES SMALL SCALE MINING ACT OF 1991
Republic Act No. 7076
A. PRELIMINARY
GOVERNING LAW
R.A. No. 7076
-Peoples Small-Scale Mining Act of
1991
-enacted on June 27, 1991
-the law was principally intended to
generate more employment opportunities in
small-scale mining, to bring about equitable
sharing of the wealth and natural resources of
the country through the implementation of the
Peoples Small-Scale mining program
Small-scale mining
-refers to mining activities that rely
heavily on manual labor using simple tools and
methods
-it does not use explosives or heavy
equipment and requires only a small capital
DECLARATION POLICY
-It is the policy o the State to promote,
develop, protect and rationalize viable smallscale mining activities in order to generate
more employment opportunities and provide
an equitable sharing of the nations wealth and
natural resources, giving due regard to existing
rights as herein provided.
DEFINITIONS
(a) "Mineralized areas" refer to areas with
naturally occurring mineral deposits of gold,
silver, chromite, kaolin silica, marble, gravel,
clay and like mineral resources:
(b) "Small-scale mining" refers to mining
activities which rely heavily on manual labor
using simple implements and methods and do
not use explosives or heavy mining equipment;
(c) "Small-scale miners" refer to Filipino citizens

who, individually or in the company of other
Filipino citizens voluntarily form a cooperative
duly licensed by the Department of
Environment and Natural Resources to engage,
under the terms and conditions of a contract, in
the extraction or removal of minerals or orebearing materials from the ground;
(d) "Small-scale mining contract" refers to coproduction, joint venture or mineral production
sharing agreement, between the State and
small-scale mining contractor for the small-scale
utilization of a plot of mineral land;
(e) "Small-scale mining contractor" refers to an
individual or a cooperative of small-scale
miners, registered with the Securities and
Exchange Commission or other appropriate
government agency, which has entered into an
agreement with the State for the small-scale
utilization of a plot of mineral land within a
people's small-scale mining area;
(f) "Active mining area" refers to areas under
actual exploration, development, exploitation
or commercial production as determined by the
Secretary after the necessary field investigation
or verification including contiguous and
geologically related areas belonging to the same
claimowner and/or under contract with an
operator, but in no case to exceed the
maximum area allowed by law;
(g) "Existing mining right" refers to perfected
and subsisting claim, lease, license or permit
covering a mineralize" area prior to its
declaration as a people's small-scale mining
area;
(h) "Claimowner" refers to a holder of an
existing mining right;
(i) "Processor" refers to a person issued a
license to engage in the treatment of minerals
or ore-bearing material such as by gravity
concentration,
leaching
beneficiation,
45
cyanidation, cutting, sizing, polishing and other

similar activities;
(j) "License" refers to the privileges granted to a
person to legitimately pursue his occupation as
a small-scale mill or processor under this Act;
(k) "Mining plan" refers to a two-year program
of activities and methodologies employed in the
extraction and production of minerals or orebearing materials, including the financial plan
and other resources in support thereof;
(l) "Director" refers to the regional executive
director of the Department of Environment and
Natural Resources; and
problems connected with small-scale mining

activities, The People's Small-scale Mining
Program shall include the following features:
a)
b)
c)
d)
e)
f)
(m) "Secretary" refers to the Secretary of the

Department of Environment and Natural
Resources
g)
NOTE:
-The three types of agreements, i.e., coproduction, joint venture or production
sharing, may apply to both large-scale mining
and small-scale mining.
-Small scale-mining contract refers to
co-production, joint venture or mineral
production sharing agreement between the
State and a small-scale mining contractor for
the small-scale utilization of a plot of mineral
land
PEOPLES SMALL-SCALE MINING PROGRAM
For the purpose of carrying out the
declared policy provided in Section 2 hereof,
there is hereby established a People's Smallscale Mining Program to be implemented by the
Secretary of the Department of Environment
and Natural Resources, hereinafter called the
Department, in coordination with other
concerned government agencies, designed to
achieve an orderly, systematic and rational
scheme for the small-scale development and
utilization of mineral resources in certain
mineral areas in order to address the social,
economic, technical, and environmental
h)
The identification, segregation and

reservation of certain mineral lands as
people's small-scale mining areas;
The recognition of prior existing rights
and productivity;
The encouragemel1t of the formation
of cooperatives;
The extension of technical and
financial assistance, and other social
services;
The extension of assistance in
processing and marketing;
The generation of ancillary livelihood
activities;
The regulation of the small-scale
mining industry with the view to
encourage growth and productivity;
and
The efficient collection of government
revenue,
DECLARATION OF
MINING AREAS
PEOPLES
SMALL-SCALE
-The
(PROVINCIAL/CITY
MINING
BOARD) Board is hereby authorized to declare
and set aside people's small-scale mining areas
in sites onshore suitable for small-scale mining
subject to review by the Secretary, immediately
giving priority to areas already occupied and
actively mined by small-scale miners before
August I, 1987; Provided, That such areas are
not considered as active mining areas; Provided
further, That the minerals found therein are
technically and commercially suitable for smallscale mining activities: Provided, finally, That
the areas are not covered by existing forest
rights or reservations and have not been
declared as tourist or marine reserves, parks
and wildlife reservations, unless their status as
such is withdrawn by competent authority.
FUTURE
AREAS
PEOPLES
SMALL-SCALE
MINING
46
The following lands, when suitable for

small scale mining, may be declared by the
Board as people's small-scale mining areas:
cooperatives in order to qualify for the

awarding of a peoples small scale mining
contract.
B. AWARD AND CONDTION OF CONTRACTS
a) Areas already occupied and actively

mined by small-scale miners before
August 1, 1987;
b) ) Public lands not subject to any existing
right;
c) Public lands covered by existing mining
rights which are not active mining
areas: and
d) Private lands, subject to certain rights
and conditions, except those with
substantial improvements or in bona
fide and regular use as a yard,
stockyard, garden, plant nursery,
plantation, cemetery or burial site, or
land situated within one hundred
meters (100 m, ) from such cemetery or
burial site, water reservoir or a separate
parcel of land with an area often
thousand square meters (10,000sq.m.)
or less.
e) Ancestral lands with prior consent of
the cultural communities concerned;
and
f) Areas occupied by a community of
traditional small-scale miners subject to
the approval of the said community.
ANCESTRAL LANDS
-No ancestral land may be declared as a
peoples small-scale mining area without the
prior consent of the cultural communities
concerned.
-if ancestral lands are declared as
peoples small-scale mining areas, the members
of the cultural communities therein shall be
given priority in the awarding of small-scale
mining contracts.
REGISTRATION OF SMALL-SCALE MINERS
All persons undertaking small-scale
mining activities shall register as miners with
the Board and may organize themselves into
AWARD OF PEOPLES SMALL-SCALE MINING

CONTRACTS
A people's small-scale mining contract may
be awarded, by the Board to small-scale miners
who have voluntarily organized and have duly
registered with the appropriate government
agency as an individual miner or cooperative,
but only one mining contract may be awarded
at any one time within one (1) year from the
date of the award.
EXTENT OF CONTRACT
The Board shall determine the
reasonable size and shape of the contract area
following the meridional block system
established under Presidential Decree No. 463,
as amended, otherwise known as the Mineral
Resources Development Decree of 1974, but in
no case shall the area exceed twenty hectares
(20 has.) per contractor and the depth or length
or length of the tunnel or adit not exceeding
that recommended by the director taking into
account the following circumstances:
a) Size of membership and capitalization
of the cooperative;
b) Size of mineralized area;
c) Quantity of mineral deposits;
d) Safety of miners;
e) Environmental impact and other
considerations; and
f) Other related circumstances.
EASEMENT RIGHTS
Upon the declaration of a people's
small-scale mining area, the director, in.
consultation with the operator, claimowner,
landowner or lessor of an affected area, shall
determine the right of the small-scale miners to
47
existing facilities such as mining and logging

roads, private roads, port and communication
facilities, processing plant which are necessary
for the effective implementation of the People's
Small-scale Mining Program, subject: to
payment of reasonable fees to the operator,
claimowner, landowner or lessor.
RIGHTS UNDER A PEOPLES SMALL-SCALE
MINING CONTRACT
A people's small-scale mining contract
entitles the small-scale mining contractor to the
right to mine, extract and dispose of mineral
ores for commercial purposes. In no case shall a
small-scale mining contract be subcontracted,
assigned or otherwise transferred.
TERMS AND CONDITIONS OF THE CONTRACT
A contract shall have a term of two (2)
years, renewable subject to verification by the
Board for like periods as long as the contractor
complies with the provisions set forth in this
Act. The holder of a small-scale mining contract
shall have the following duties and obligations:
a)
b)
c)
d)
e)
f)
Undertake mining activities only in

accordance with a mining plan duly
approved by the Board;
Abide by the Mines and Geosciences
Bureau and the Small-scale Mining
Safety Rules and Regulations;
Comply with his obligations to the
holder of an existing mining right;
Pay all taxes, royalties or government
production share as are now or may
hereafter be provided by law;
Comply 'with pertinent rules and
regulations
on
environmental
protection
and
conservation,
particularly those on tree-cutting;
mineral-processing
and
pollution
control;
File under oath at the end of each
month a detailed production and
financial report to the Board; and
g)
Assume responsibility for the safety of

persons working in the mines.
RIGHTS OF CLAIMOWNERS
In case a site declared and set aside as a
people's small-scale mining area is covered by
an existing mining right, the claimowner and
the small-scale miners therein are encouraged
to enter into a voluntary and acceptable
contractual agreement with respect to the
small-scale utilization of the mineral values
from the area under claim. In case of
disagreement, the claimowner shall be entitled
to the following rights and privileges:
a) Exemption from the performance of
annual work obligations and payment
of occupation fees, rental, and real
property taxes;
b) Subject to the approval of the Board,
free access to the contract area to
conduct
metallurgical
tests,
explorations and other activities,
provided such activities do not unduly
interfere with the operations of the
small-scale miners; and
c) Royalty equivalent to one and one half
percent (1-1/2%) of the gross value of
the metallic mineral output or one
percent (1%) of the gross value of the
nonmetallic mineral output to be paid
to the claimowner: Provided, That such
rights and privileges shall be available
only if he is not delinquent and other
performance of his annual work
obligations and other requirements for
the last two (2) years prior to the
effectivity of this Act.
RIGHTS OF PRIVATE LANDOWNERS
The private landowner or lawful
possessor shall be notified of any plan or
petition to declare his land as a people's mining
area. Said landowner may oppose such plan or
petition in an appropriate proceeding and
hearing conducted before the Board.
48
If a private land is declared as a

people's small-scale mining area, the owner and
the small scale mining contractors are
encouraged to enter into a voluntary and
acceptable contractual agreement for the smallscale utilization of mineral values from the
private land: Provided, That the owner shall in
all cases be entitled to the payment of actual
damages which he may suffer as a result of such
declaration: Provided further, That royalties
paid to the owner shall in no case exceed one
percent (1%) of the gross value of the minerals
recovered as royalty.
OWNERSHIP OF MILL TAILINGS
The small-scale mining contractor shall
be the owner of all tailings produced from the
contract area. He may sell the tailings or have
them processed in any custom mill in the area:
Provided, That, if the small -scale mining
contractor decide to sell its mill tailings, the
claimowner shall have the preemptive right to
purchase said mill tailings at the prevailing
market price.
SALE OF GOLD
upon the recommendation of the Board based

on the viability of the project.
GOVERNMENT SHARE AND ALLOTMENT
The revenue to be derived by the
government from the operation of the mining
program shall be subject to the sharing provided
in the Local Government Code
PEOPLES SMALL-SCALE MINING PROTECTION
FUND
The law has created a peoples smallscale mining protection fund which shall be
used primarily for information dissemination
and training of small-scale miners on safety,
health and environmental protection and the
establishment of mine rescue and recovery
teams including the procurement of rescue
equipment in emergency situations like
landslides, tunnel collapse or the like.
RESCISSION
OF
CONTRACTS
ADMINISTRATIVE FINES
AND
All gold produced by small-scale miners

in any mineral area shall be sold to the Central
Bank, or its duly authorized representatives,
which shall but it at prices competitive with
those prevailing in the world market regardless
of volume or weight.
Non-compliance with the terms and

conditions of the contract, violation of the rules
and regulations and abandonment of the
mining site by the contractor shall constitute
grounds for the cancellation of the contract and
the ejectment of the contractor from the mining
area, without prejudice to the imposition of
penalties therefor.
CUSTOM MILLS
C. MINING REGULATORY BOARD
The establishment and operation of

safe and efficient customs mills to process
minerals or ore-bearing materials shall be
limited to minerals or ore-bearing materials
shall be limited to mineral processing zones
duly designated by the local government unit
concerned upon recommendation of the Board.
In mining areas where the private
sector is unable to establish custom mulls, the
Government shall construct such custom mills
PROVINCIAL/CITY
BOARD
MINING
REGULATORY
The law has created a Mining

Regulatory Board which shall exercise the
following powers and functions:
a) Declare and segregate existing goldrush areas for small-scale mining;
b) Reserve future gold and other mining
areas for small-scale mining;
49
c) Award contracts to small-scale miners;

d) Formulate and implement rules and
regulations related to small-scale
mining;
e) Settle disputes, conflicts or litigations
over conflicting claims within a people's
small-scale mining area, an area that is
declared a small-scale mining area; and
f) Perform such other functions as may be
necessary to achieve the goals and
objectives of this Act.
APPLICATIONS FOR SMALL-SCALE MINING

CONTRACTS
Under P.D. No. 1899, applications of
small-scale miners are processed with the
Director of the Mines and Geo-Sciences Bureau.
Pursuant to R.A. No. 7076, approval of
the applications for mining permits and for
mining contracts are vested in the
Provincial/City Mining Regulatory Board.
COMPOSITION OF THE BOARD

The Board shall be composed of the
DENR representative as Chairman; and the
representative of the governor or city mayor,
one (1) small-scale mining representative, one
(1) big-scale mining representative, and the
'representative from a nongovernment
organization who shall come from an
environmental group, as members.
The representatives from the private
sector shall be nominated by their respective
organizations and appointed by the Department
regional director. The Department shall provide
the staff support to the Board.
ADMINISTRATIVE SUPERVISION
The secretary or his duly authorized
representative shall exercise direct supervision
and control over the program and activities of
the small-scale miners within the peoples
small-scale mining area.
APPLICATIONS
Application shall be filed in the Office of
the Provincial Governor/City Mayor though the
Provincial/City Regulatory Board concerned for
areas outside mineral reservations and in the
regional office concerned for areas within
mineral reservations.
PROVINCIAL/CITY
MINING
REGULATORY
BOARD HAS JURISDICTION TO APPROVE
50

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CHAPTER 1

OVERVIEW OF INTERNATIONAL COVENANTS,

The 1972 Stockholm Declaration

Jacky. Chesca. Dan Envi Notes

natural resources shall be under the full control

ancestral lands to ensure their economic, social,

5. Law on requiring the planting of trees

14. Laguna Lake Development Authority

1. To protect and advance the

disposition of environmental cases by providing

-The State may directly undertake the

Jacky. Chesca. Dan Envi Notes

-These proclamations are matters not

-The Public Land Act provides that the

1. Exercise supervision and control over

utilized for the purpose for which they

conclusive upon the courts, but is subject to

c. Decisions of the Director of Lands on

GR: Recourse through court action cannot

Jacky. Chesca. Dan Envi Notes

6. When the respondent is a

3. Educational, charitable, or other similar

-Before the government could alienate

Jacky. Chesca. Dan Envi Notes

For HOMESTEAD SETTLEMENT

a. For homestead settlement

-When a homesteader has complied with all

Jacky. Chesca. Dan Envi Notes

continue with homestead, through no fault of

-it is required that the purchaser shall have

-The following described citizens of the

Jacky. Chesca. Dan Envi Notes

thereof, under the Property Registration

-The Public Land Act provides that any

Classification and disposition of lands

-Public Land Act provides that any tract of

3. Marshy lands or lands covered with

-Lands within the military reservations,

Concession of lands for educational,

-The law provides that whenever any

accompanying the same, and having completed

E. REGISTRATION OF PATENTS AND

permit granted. It shall be the duty of the

DIRECTOR OF LANDS HAS CONTINUING

GOVERNENT INITIATES AN ACTION FOR

Sec. 91. The statements made in the

-Sec. 101. All actions for the reversion of

Jacky. Chesca. Dan Envi Notes

a) Action for nullity of land

-the difference between them lies in the

-it would be improper for the government

Jacky. Chesca. Dan Envi Notes

Natural Resources, and solely for commercial,

Jacky. Chesca. Dan Envi Notes

sections one hundred and eighteen, one

-the requirement for the approval of the

Sec. 119. Every conveyance of land acquired

stockholders or members, their citizenship, and

Jacky. Chesca. Dan Envi Notes

occupied, improved, or cultivated, and in this

Sec. 102. Any person, corporation, or

Jacky. Chesca. Dan Envi Notes

Constructive fraud is construed as a fraud

Government wishes to undertake, the Secretary