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LAW ON NATURAL RESOURCES

Constitutional Basis: 1987 PHILIPPINE CINSTITUTION, ARTICLE XII

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral

oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and othernatural resources are owned by the State. With the exception of agricultural lands, all othernatural resources shall not be alienated. The exploration, development, and utilization of naturalresources shall be under the full control and supervision of the State. The State may directlyundertake such activities, or it may enter into co-production, joint venture, or production-sharingagreements with Filipino citizens, or corporations or associations at least sixty per centumofwhose capital is owned by such citizens. Such agreements may be for a period not exceedingtwenty-five years, renewable for not more than twenty-five years, and under such terms andconditions as may be provided by law. In cases of water rights for irrigation, water supplyfisheries, or industrial uses other than the development of water power, beneficial use may bethe measure and limit of the grant.

The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and

exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,

as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers inrivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving eithertechnical or financial assistance for large-scale exploration, development, and utilization of

minerals, petroleum, and other mineral oils according to the general terms and conditionsprovided by law, based on real contributions to the economic growth and general welfare of thecountry. 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 thisprovision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, minerallands and national parks. Agricultural lands of the public domain may be further classified by lawaccording to the uses to which they may be devoted. Alienable lands of the public domain shallbe limited to agricultural lands. Private corporations or associations may not hold such alienablelands 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 notmore than twelve hectares thereof, by purchase, homestead, or grant.Taking into account the requirements of conservation, ecology, and development, and subject to

the requirements of agrarian reform, the Congress shall determine, by law, the size of lands ofthe public domain which may be acquired, developed, held, or leased and the conditionstherefor.

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Natural Resources: resources available in nature

Natural Resources consist:

1. All lands of the public domain,2. waters,3. minerals,4. coal,5. petroleum, and other mineral oils,6. all forces of potential energy,7. fisheries,8. forests or timber,9. wildlife,10. flora and fauna,11.and other natural resources

Main Classification of Natural Resources:1. lands,2. waters,3. minerals,4. coal,5. petroleum,6. mineral oils,7. forces of potential energy,

Features of Natural Resources:

- vital in human development and continued survival1. Supply human need2. Contribute to health, welfare and benefit of community3. Essential to the well-being and enjoyment thereof

Doctrine of Jura Regalia- Western legal concept which was introduced by the Spaniards in Philippines- It refers to royal rights, or those rights which the King has by virtue of his prerogatives. It is the

right which the sovereign has over anything in which a subject has a right of property or

propriedad. These were rights enjoyed during feudal times by the king as the sovereign.- The Philippines was passed to Spain by virtue of discovery and conquest. Consequently, all lands

became exclusively patrimony and dominion of the Spanish Crown. Hence, possessory claims onof the same by individuals or entities must go through registration of titles and deeds to begranted by the Spanish Royal Decree.

- This doctrine is retain in our Constitution as provided in Sec. 2, Art. XII of the 1987 PhilippineConstitution -Section 2. All lands of the public domain, waters, minerals, coal, petroleum, andother mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora andfauna, and other natural resources are owned by the State. xxx The exploration, development,

and utilization of natural resources shall be under the full control and supervision of the State.

natural resources are inalienable- Exception: agricultural lands

exploration, development, and utilization of natural resources- under the full control and supervision of the State by:

o directly undertake such activities, or

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o it may enter into co-production, joint venture, or production-sharing agreements withFilipino citizens, or corporations or associations at least sixty per centumof whose capitalis 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 andconditions as may be provided by law.

- The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens- The President may enter into agreements with foreign-owned corporations involving eithertechnical or financial assistance for large-scale exploration, development, and utilization of

minerals, petroleum, and other mineral oils according to the general terms and conditionsprovided by law, based on real contributions to the economic growth and general welfare of thecountry. In such agreements, the State shall promote the development and use of local scientificand technical resources. The President shall notify the Congress of every contract entered into inaccordance with this provision, within thirty days from its execution.

Lands of the public domain are classified into1. agricultural,2. forest or timber,3. mineral lands and4. national parks.

Private corporations or associations may not hold such alienable lands of the public domain- exception:

o by lease, for a period not exceeding twenty-five years, renewable for not more thantwenty-five years, and not to exceed one thousand hectares in area. Citizens of thePhilippines may lease not more than five hundred hectares, or acquire not more than

twelve hectares thereof, by purchase, homestead, or grant.o Acquiring from private individuals (private lands previously declared as alienable)

Foreigners may not acquire land:- exception:

o Hereditary succession/ their predecessors-in-interest had acquired ownership of the landCongress shall determine, by law, the size of lands of the public domain which may be acquired,developed, held, or leased and the conditions therefor.

DENR Mandate- Control and supervise the exploration, development, utilization and conservation of the countrys

natural resources

DA Mandate

- Promotion of agricultural development by providing policy framework, public investments,support services needed for domestic and export-oriented business enterprises

DOE Mandate- Prepare, integrate, coordinate, supervise, and control all plans, programs, projects, and activities

of the government relative to energy exploration, development, utilization, distribution andconservation