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Law
Definition
of
Natural
of
Natural
Resources
Other
Regalian Doctrine
Cases
1.
Facts:
Public Land
System
Acts
and
the
Torrens
Indigenous Peoples
Indigenous Cultural Communities or Indigenous
Peoples (ICCs/ IPs) refer to a group of people who
have continuously lived as an organized
community on communally bounded and defined
territory. These groups of peoples have actually
occupied, possessed and utilized their territories
under
claim
of
ownership
since
time
immemorial.
Their unit of government is the barangay. In a
baranganic society, the chiefs administered the
lands in the name of the barangay, there was no
Note:
The Amended Joint Venture Agreement: The
subject matter of the Amended JVA, as stated in its
second Whereas clause, consists of three properties,
namely:
1.
"[T]hree
partially
reclaimed
and
substantially eroded islands along Emilio
Aguinaldo Boulevard in Paranaque and Las
Pinas, Metro Manila, with a combined titled
area of 1,578,441 square meters;"
2. "[A]nother area of 2,421,559 square
meters contiguous to the three islands;" and
3. "[A]t AMARI's option as approved by PEA,
an additional 350 hectares more or less to
regularize the configuration of the reclaimed
area."
PEA confirms that the Amended JVA involves "the
development of the Freedom Islands and further
reclamation of about 250 hectares x x x," plus an
option "granted to AMARI to subsequently reclaim
another 350 hectares x x x."
In short, the Amended JVA covers a reclamation area
of 750 hectares. Only 157.84 hectares of the
750-hectare reclamation project have been
reclaimed, and the rest of the 592.15 hectares
are still submerged areas forming part of
Manila Bay.
Indisputably, under the Amended JVA, AMARI
will acquire and own a maximum of 367.5
hectares of reclaimed land which will be titled
in its name.
Issue:
Whether the stipulations in the Amended Joint
Venture Agreement or the transfer to AMARI of
certain lands reclaimed and still to be reclaimed
violate the 1987 Constitution.
Decision:
The SC summarized the conclusions as follows:
3.
Facts:
Issues:
1
Whether respondents NHA and RBI have
been granted the power and authority to
reclaim lands of the public domain as this
power is vested exclusively in PEA as
claimed by petitioner
2
Whether respondents NHA and RBI were
given the power and authority by DENR to
reclaim foreshore and submerged lands
4.
Republic
of
the
Philippines
Celestina Naguiat (2006)
Decision:
1
Facts:
vs.
Issue:
Sustainable Development
Sustainable Development is development that meets
the needs of the present without compromising the
ability of future generations to meet their own needs
(Brundtland Report). It is a pattern of resource use
that aims to meet human needs while preserving
the environment so that these needs can be met not
only in the present, but also for generations to come.
It contains within it two key concepts:
AGENDA 21
Seven
Dimensions
of
Sustainable
Development : From the Philippine Agenda 21
From
the
Philippine
perspective
sustainable
development
is
a
multidimensional
concept,
involving no less than seven dimensions. Sustainable
development is viewed as the mutually beneficial
interaction between the legitimate interests of
business and the economy, government and the
polity, and civil society and culture.
From this perspective, five dimensions of sustainable
development are clearly visible. These arethe
human being, culture, polity, economy, and Nature.
of
the
Department
of
of
(d) Secretary
Education;
of
of
the
Department
of
(n)
Director-General
of the
National
Economic and Development Authority, in his
capacity as Chair of the Philippine Council
for Sustainable Development;
(f)
Recommend
key
development
investments in climate- sensitive sectors
such as water resources, agriculture,
forestry, coastal and marine resources,
health, and infrastructure to ensure the
achievement
of
national
sustainable
development goals;
(g) Create an enabling environment for the
design of relevant and appropriate risksharing and risk-transfer instruments;
(h) Create an enabling environment that
shall promote broader multi-stakeholder
participation and integrate climate change
mitigation and adaptation;
(i) Formulate strategies on mitigating GHG
and other anthropogenic causes of climate
change;
(j) Coordinate and establish a close
partnership with the National Disaster
Coordinating Council in order to increase
efficiency and effectiveness in reducing the
peoples vulnerability to climate-related
disasters;
(k) In coordination with the Department of
Foreign Affairs, represent the Philippines in
the climate change negotiations;
(l) Formulate and update guidelines for
determining vulnerability to climate change
impacts and adaptation assessments and
facilitate
the
provision
of
technical
assistance for their implementation and
monitoring;
(m) Coordinate with local government units
(LGUs) and private entities to address
vulnerability to climate change impacts of
regions, provinces, cities and municipalities;
with
international
(f)
Database
management;
development
and
and
Composition
of
the
b. Department
Resources;
of
Environment
and
Natural
Cases
Republic of the Philippines vs. The City of
Davao
Republic vs. Alvarez, in his capacity as Sec. of
DENR
Decision:
The Local Government Code provides that it is the
duty of the LGUs to promote the peoples right to a
balanced ecology. Pursuant to this, an LGU, like the
City of Davao, cannot claim exemption from the
coverage of PD 1586. As a body politic endowed with
governmental functions, an LGU has the duty to
ensure the quality of the environment, which is the
very same objective of PD 1586.
A.
I.
Heavy Industries
a.
Non-ferrous
industries
b.
c.
Petroleum
industries including
and
petro-chemical
II.
Smelting plants
b.
metal
Forestry projects
1.
Logging
2.
3.
Introduction
animals) in
of
fauna
(exotic-
public/private forests
c.
4.
Forest occupancy
5.
6.
Grazing
Fishery Projects
1.
Dikes for/and fishpond development
projects
III.
Infrastructure Projects
a.
Major dams
b.
Major
nuclear fueled,
power
c.
fishery activities
plants
which
support
wildlife
and
(fossil-fueled,
11.
Mangrove areas characterized by one or any
combination of the following conditions:
hydroelectric or geothermal)
B.
c.
d.
a.
with primary pristine and dense
young growth;
b.
adjoining mouth of major river
systems;
c.
near or adjacent to traditional
productive fry or fishing grounds;
2.
3.
aesthetic
4.
Areas
of
unique
historic,
archaeological, or scientific interests;
5.
Areas
which
are
traditionally
occupied by cultural communities or
tribes;
6.
Areas frequently visited and/or hardhit by natural calamities (geologic
hazards,
floods,
typhoons,
volcanic
activity, etc.);
7.
8.
Areas
classified
agricultural lands;
9.
as
prime
d.
which act as natural buffers
against shore erosion, strong winds and
storm floods;
e.
on which people are dependent
for their livelihood.
12.
Coral reefs, characterized by one or any
combinations of the following conditions:
a.
with 50% and above
live coralline cover;
b.
spawning and nursery
grounds for fish;
c.
of coastlines.
10.
Water bodies characterized by one or any
combination of the following conditions;
a.
b.
LLDA
PRESIDENTIAL
DECREE
No.
1586:
ESTABLISHING AN ENVIRONMENTAL IMPACT
STATEMENT
SYSTEM,
INCLUDING
OTHER
ENVIRONMENTAL
MANAGEMENT
RELATED
MEASURES AND FOR OTHER PURPOSES
WHEREAS, the pursuit of a comprehensive and
integrated
environment
protection
program
necessitates
the
establishment
and
institutionalization of a system whereby the
exigencies of socio-economic undertakings can be
reconciled with the requirements of environmental
quality;
WHEREAS,
the
regulatory
requirements
of
environmental Impact Statements and Assessments
instituted in pursuit of this national environmental
protection program have to be worked into their full
Section
10. Environmental
Revolving
Fund. Proceeds from the penalties prescribed in the
preceding Section 9 and other penalties imposed by
the National Pollution Control Commission as
authorized in P.D. 984, shall be automatically
appropriated into an Environment Revolving Fund
hereby created as an exemption to P.D. 711 and P.D.
1234. The fund shall be used exclusively for the
operation of the National Environmental Protection
Council
and
the
National
Pollution
Control
Commission in the implementation of this Decree.
The rules and regulations for the utilization of this
fund shall be formulated by the Ministry of Human
Settlements and submitted to the President for
approval.
Section 11. Repealing Clause. The Inter-Agency
Advisory Council of the National Pollution Control
Commission created under Section 4 of P.D. 984 is
hereby abolished and its powers and responsibilities
are forthwith delegated and transferred to the
Control of the National Environmental Protection
Council.
All other laws, decrees, executive orders, rules and
regulations inconsistent herewith are hereby
repealed, amended or modified accordingly.
Basic
Policy
and
Operating
Order,
the
following
q.
Environmental
Risk
Assessment
(ERA)
assessment, through the use of universally accepted
and scientific methods, of risks associated with a
project. It focuses on determining the probability of
occurrence of accidents and their magnitude (e.g.
failure, of containment or exposure to hazardous
materials or situations.)
r. EMS-based EMP - environmental management plan
based on the environmental management system
(EMS) standard as defined in the DAO 2003-14.
s. Initial Environmental Examination (IEE) Report
document similar to an EIS, but with reduced details
and depth of assessment and discussion
t. Initial Environmental Examination (IEE) Checklist
Report - simplified checklist version of an IEE Report,
prescribed by the DENR, to be filled up by a
proponent to identify and assess a project's
environmental
impacts
and
the
mitigation/enhancement measures to address such
impacts.
u. Multipartite Monitoring Team (MMT) - communitybased multi-sectoral team organized for the purpose
of monitoring the proponent's compliance with ECC
conditions, EMP and applicable laws, rules and
regulations.
ARTICLE II
ECC APPLICATION PROCESSING AND APPROVAL
PROCEDURES
Likelihood,
duration,
frequency,
and
reversibility of the impact
The
following
are
the
categories
projects/undertakings under the EIS system:
of
Environmental
Impact
Environmental
Management Plan
5.3
Public
Hearing
1
Consultation
Requirements
For projects under Category A-1, the conduct of
public hearing as part of the EIS review is mandatory
unless otherwise determined by EMB. For all other
undertakings, a public hearing is not mandatory
unless specifically required by EMB.
Section 6. Appeal
Any party aggrieved by the final decision on the
ECC / CNC applications may, within 15 days from
receipt of such decision, file an appeal on the
following grounds:
a. Grave abuse of discretion on the part of the
deciding authority, or
b. Serious errors in the review findings.
The DENR may adopt alternative conflict/dispute
resolution procedures as a means to settle
grievances between proponents and aggrieved
parties to avert unnecessary legal action. Frivolous
appeals shall not be countenanced.
The proponent or any stakeholder may file an appeal
to the following:
Deciding Authority Where to file the appeal
MISCELLANEOUS PROVISIONS
Section 14. Budget Allocation
For the effective implementation of this order,
adequate funding should be provided under the
annual General Appropriations Act.
Per AU 42, the new position items for the EIA Division
shall be created out of the existing budget and
vacant position items within the government service,
which shall be reclassified accordingly.
Section 15. Fees
All proponents, upon submission of the IEEIEIS and
application for amendment, shall pay filing fees and
other charges in accordance with prescribed
standard costs and fees set by EMB in relation to the
implementation of the Philippine EIS System, as
shown in Annex 2.
The proponent shall shoulder the cost of reviewing
the EIS.
Section 16. Fines, Penalties And Sanctions
The EMB Central Office or Regional Office Directors
shall impose penalties upon persons or entities found
violating provisions of P.D. 1586, and its
Implementing Rules and Regulations. Details of the
Fines and Penalty Structure shall be covered by a
separate order.
The EMB Director or the EMB-RD may issue a Cease
and Desist Order (CDO) based on violations under
the Philippine EIS System to prevent grave or
irreparable damage to the environment. Such CDO
shall be effective immediately. An appeal or any
motion seeking to lift the CDO shall not stay its
effectivity. However, the DENR shall act on such
appeal or motion within ten (10) working days from
filing.
The EMB may publish the identities of firms that are
in violation of the EIA Law and its Implementing Rules
and Regulations despite repeated Notices of Violation
and/or Cease and Desist Orders.
Section 17. Transitory Provisions
The DENR may extend reprieve to proponents of
projects operating without ECC (Categories A-3 and
B-3) from penalties specified in PD 1586 upon
registration with the EMB Central Office. An
Environmental Performance Report and Management
Plan (EPRMP) shall be submitted as a requirement for
such ECC application within six months from the
signing of this Administrative order.
During the period that that the Procedural Manual
and other necessary guidelines are being prepared,
existing guidelines which are consistent with the
provisions of this Order shall remain in effect.
Adequate resources shall be provided for the
formulation of the Procedural Manual and for the
effective implementation of this Order.
Section 18. Repealing Clause
This
Order
hereby
supersedes
Department
Administrative Order
No. 96-37, Department
Administrative Order No. 2000-37, DAO 2000-05 and
other related orders, which are inconsistent herewith.
CHAPTER II
CLASSIFICATION, DELIMITATION, AND SURVEY
OF LANDS OF THE PUBLIC DOMAIN, FOR THE
CONCESSION THEREOF
TITLE I
TITLE AND APPLICATION OF THE ACT, LANDS TO
WHICH IT REFERS, AND CLASSIFICATION,
DELIMITATION, AND SURVEY - THEREOF FOR
CONCESSION
CHAPTER I
SHORT TITLE OF THE ACT, LANDS TO WHICH IT
APPLIES, AND OFFICERS CHARGED WITH ITS
EXECUTION
(a) Agricultural
(b) Residential commercial industrial or for similar
productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and
quasi-public uses.
The President, upon recommendation by the
Secretary of Agriculture and Commerce, shall from
time to time make the classifications provided for in
this section, and may, at any time and in a similar
manner, transfer lands from one class to another.
Sec. 10. The words alienation, disposition, or
concession as used in this Act, shall mean any of
the methods authorized by this Act for the
acquisition, lease, use, or benefit of the lands of the
public domain other than timber or mineral lands.
TITLE II
AGRICULTURAL PUBLIC LANDS
CHAPTER III
FORMS OF CONCESSION OF AGRICULTURAL
LANDS
CHAPTER IV
SALE
CHAPTER V
LEASE
CHAPTER VI
FREE PATENTS
Sec. 46. If, after the filing of the application and the
investigation, the Director of Lands shall be satisfied
of the truth of the allegations contained the
application and that the applicant comes within the
provisions chapter, he shall cause a patent to issue
to the applicant or his legal successor for the tract so
occupied and cultivated, provided its area does not
exceed twenty-four hectares: Provided, That no
application shall be finally acted upon until notice
thereof has been published in the municipality and
barrio in which the land is located and adverse
claimants have had an opportunity to present their
claims.
CHAPTER VII
JUDICIAL CONFIRMATION OF IMPERFECT OR
INCOMPLETE TITLES
of the
TITLE III
LANDS FOR RESIDENTIAL, COMMERCIAL OR
INDUSTRIAL PURPOSES AND OTHER SIMILAR
PURPOSES
CHAPTER VIII
CLASSIFICATION AND CONCESSION OF PUBLIC
LANDS SUITABLE FOR RESIDENCE, COMMERCE
AND INDUSTRY
(d)
The
lessee
shall
construct
permanent
improvements appropriate for the purpose for which
the lease is granted, shall commence the
construction thereof within six months from the date
of the award of the right to lease the land, and shall
complete the said construction within eighteen
months from said date.
TITLE IV
LANDS FOR EDUCATIONAL, CHARITABLE, AND
OTHER SIMILAR PURPOSES
CHAPTER IX
CONCESSION OF LANDS FOR EDUCATIONAL,
CHARITABLE, AND OTHER SIMILAR PURPOSES
TITLE V
RESERVATIONS
CHAPTER X
TOWN SITE RESERVATIONS
CHAPTER XI
RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC
PURPOSES
CHAPTER XII
PROVISIONS COMMON TO RESERVATIONS
TITLE VI
GENERAL PROVISIONS
CHAPTER XIII
APPLICATIONS: PROCEDURE, CONCESSION OF
LANDS, AND LEGAL RESTRICTIONS AND
ENCUMBRANCES
none
of
the
disqualifications
be
to
of
to
CHAPTER VI
CULTURAL INTEGRITY
Sec. 29. Protection of Indigenous Culture, traditions
and institutions.- The state shall respect, recognize
and protect the right of the ICCs/IPs to preserve and
protect their culture, traditions and institutions. It
shall consider these rights in the formulation of
national plans and policies.
Sec. 30. Educational Systems.- The State shall
provide equal access to various cultural opportunities
to the ICCs/IPs through the educational system,
public or cultural entities, scholarships, grants and
other incentives without prejudice to their right to
establish and control their educational systems and
institutions by providing education in their own
language, in a manner appropriate to their cultural
methods of teaching and learning. Indigenous
children/youth shall have the right to all levels and
forms of education of the State.
Sec. 31. Recognition of Cultural Diversity.- The State
shall endeavor to have the dignity and diversity of
the cultures, traditions, histories and aspirations of
the ICCs/IPs appropriately reflected in all forms of
education,
public
information
and
culturaleducational exchange. Consequently, the State shall
take effective measures, in consultation with ICCs/IPs
concerned, to eliminate prejudice and discrimination
and to promote tolerance, understanding and good
relations among ICCs/IPs and all segments of society.
Furthermore, the Government shall take effective
measures to ensure that State-owned media duly
reflect indigenous cultural diversity. The State shall
likewise ensure the participation of appropriate
indigenous leaders in schools, communities and
international cooperative undertakings like festivals,
conferences, seminars and workshops to promote
and enhance their distinctive heritage and values.
Sec. 32. Community Intellectual Rights.- ICCs/IPs
have the right to practice and revitalize their own
cultural traditions and customs. The State shall
preserve, protect and develop the past, present and
future manifestations of their cultures as well as the
right to the restitution of cultural, intellectual,
religious, and spiritual property taken without their
free and prior informed consent or in violation of
their laws, traditions and customs.
CHAPTER VII
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
(NCIP)
Sec. 38. National Commission on Indigenous Cultural
Communities /Indigenous Peoples (NCCP).- to carry
out the policies herein set forth, there shall be
created the National Commission on ICCs/IPs (NCIP),
which shall be the primary government agency
responsible for the formulation and implementation
of policies, plans and programs to promote and
protect the rights and well-being of the ICCs/IPs and
the recognition of their ancestral domains as well as
their rights thereto.
Sec. 39. Mandate.- The NCIP shall protect and
promote the interest and well-being of the ICCs/IPs
with due regard to their beliefs, customs, traditions
and institutions.
Sec. 40. Composition.- The NCIP shall be an
independent agency under the Office of the President
and shall be composed of seven (7) Commissioners
belonging to ICCs/IPs, one (1) of whom shall be the
Chairperson. The Commissioners shall be appointed
by the President of the Philippines from a list of
recommendees submitted by authentic ICCs/IPs:
Provided, That the seven (7) Commissioners shall be
appointed specifically from each of the following
ethnographic areas: Region I and the Cordilleras;
Region II; the rest of Luzon; Island Groups including
Mindoro, Palawan, Romblon, Panay and the rest of
the Visayas; Northern and Western Mindanao;
Southern and Eastern Mindanao; and Central
Mindanao: Provided, That at least two (2) of the
seven (7) Commissioners shall be women.
Sec. 41. Qualifications, Tenure, Compensation.- The
Chairperson and the six (6) Commissioners must be
natural born Filipino citizens, bonafide members of
ICCs/IPs as certified by his/her tribe, experienced in
ethnic affairs and who have worked for at least ten
(10) years with an ICC/IP community and/or any
government agency involved in ICC/IP, at least 35
years of age at the time of appointment, and must
be of proven honesty and integrity: Provided, That at
least two (2) of the seven (7) Commissioners shall be
the members of the Philippine Bar: Provided, further,
That the members of the NCIP shall hold office for a
period of three (3) years, and may be subject to reappointment for another term: Provided, furthermore,
That no person shall serve for more than two (2)
terms. Appointment to any vacancy shall only be for
the unexpired term of the predecessor and in no case
shall a member be appointed or designated in a
temporary or acting capacity: Provided, finally, That
the Chairperson and the Commissioners shall be
entitled to compensation in accordance with the
Salary Standardization Law.
Sec. 42. Removal from Office.- Any member of the
NCIP may be removed from office by the President,
on his own initiative or upon recommendation by any
indigenous community, before the expiration of his
term for cause and after complying with due process
requirement of law.
CHAPTER XII
MERGER OF THE OFFICE FOR NORTHERN CULTURAL
COMMUNITIES (ONCC) AND THE OFFICE FOR
SOUTHERN CULTURAL COMMUNITIES (OSCC)
Sec. 74. Merger of ONCC/OSCC.- The Office for
Northern Cultural Communities (ONCC) and the
Office of Southern Cultural Communities (OSCC),
created under Executive Order Nos. 122-B and 122-C
respectively, are hereby merged as organic offices of
the NCIP and shall continue to function under a
revitalized and strengthened structures to achieve
the objectives of the NCIP: Provided, That the
positions of Regional Directors and below, are hereby
phased-out upon the effectivity of this Act: Provided,
further, That officials and employees of the phasedout offices who may be qualified may apply for
reappointment with the NCIP and may be given prior
rights in the filing up of the newly created positions
of NCIP, subject to the qualifications set by the
Placement Committee: Provided, furthermore, That in
the case where an indigenous person and a nonindigenous person with similar qualifications apply
for the same position, priority shall be given to the
former. Officers and employees who are to be
phased-out as a result of the merger of their offices
shall be entitled to gratuity a rate equivalent to one
and a half (1 1/2) months salary for every year of
continuous and satisfactory service rendered or the
equivalent nearest fraction thereof favorable to them
on the basis of the highest salary received. If they
are already entitled to retirement benefits or the
gratuity herein provided. Officers and employees who
may be reinstated shall refund such retirement
benefits or gratuity received: Provided, finally That
absorbed personnel must still meet the qualifications
and standards set by the Civil Service and the
Placement Committee herein created.
Sec. 75. Transition Period.- The ONCC/OSCC shall
have a period of six (6) months from the effectivity of
this Act within which to wind up its affairs and to
conduct audit of its finances.
Sec. 76. Transfer of Assets/Properties.- All real and
personal properties which are vested in, or belonging
to, the merged offices as aforestated shall be
transferred to the NCIP without further need of
conveyance, transfer or assignment and shall be held
ARTICLE
XII:
PATRIMONY
NATIONAL
ECONOMY
AND
of
(t)
"Foreign-owned
corporation"
means
any
corporation, partnership, association, or cooperative
duly registered in accordance with law in which less
than fifty per centum (50%) of the capital is owned
by Filipino citizens.
CHAPTER II
GOVERNMENT MANAGEMENT
blocks of one-half (1/2) minute of latitude and onehalf (1/2) minute of longitude.
CHAPTER III
SCOPE OF APPLICATION
CHAPTER IV
EXPLORATION PERMIT
MINERAL AGREEMENTS
CHAPTER V
CHAPTER VI
FINANCIAL
AGREEMENT
OR
TECHNICAL
ASSISTANCE
and
minimum
expenditures
CHAPTER VII
SMALL-SCALE MINING
CHAPTER VIII
QUARRY RESOURCES
CHAPTER IX
TRANSPORT,
MINERALS
SALE
AND
PROCESSING
OF
CHAPTER X
CHAPTER XI
CHAPTER XII
AUXILIARY MINING RIGHTS
CHAPTER XIII
SETTLEMENT OF CONFLICTS
(b) Disputes
permits;
involving
mineral
agreements
or
CHAPTER XIV
GOVERNMENT SHARE
CHAPTER XV
TAXES AND FEES
CHAPTER XVI
INCENTIVES
CHAPTER XVII
(b) Remittance of earnings. The right to remit
earnings from the investment in the currency in
which the foreign investment was originally made at
the exchange rate prevailing at the time of
remittance.
REVOCATION,
CHAPTER XVIII
ORGANIZATIONAL
ARRANGEMENT
AND
INSTITUTIONAL
CHAPTER XIX
PENAL PROVISIONS
of
the
formation
of
financial
Sec. 16. Ownership of Mill Tailings. The smallscale mining contractor shall be the owner of all mill
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 a preemptive right to
purchase said mill tailings at the prevailing market
price.
Sec. 17. Sale of Gold. All gold produced by smallscale miners in any mineral area shall be sold to the
Central Bank, or its duly authorized representatives,
which shall buy it at prices competitive with those
prevailing in the world market regardless of volume
or weight.
The Central Bank shall establish as many buying
stations in gold-rush areas to fully service the
requirements of the small-scale minerals thereat.
Sec. 18. Custom Mills. The establishment and
operation of safe and efficient customs mills to
process 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 mills, the Government shall
construct
such
custom
mills
upon
the
recommendation of the Board based on the viability
of the project.
The Board shall issue licenses for the operation of
custom mills and other processing plants subject to
pollution control and safety standards.
The Department shall establish assay laboratories to
cross-check the integrity of custom mills and to
render metallurgical and laboratory services to
mines.
Custom mills shall be constituted as withholding
agents for the royalties, production share or other
taxes due the Government.
Sec. 19. Government Share and Allotment. The
revenue to be derived by the Government from the
operation of the mining program herein established
shall be subject to the sharing provided in the Local
Government Code.
Sec. 20. People's Small-scale Mining Protection Fund.
There is hereby created a People's Small-scale
Mining Protection Fund which shall be fifteen percent
(15%) of the national government's share due the
Government 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 necessary in cases of emergencies such
as landslides, tunnel collapse, or the like.
Victor Ramos issued DENR Administrative Order 9523, which was later repealed by DENR Administrative
Order 96-40, adopted on December 20, 1996.
Sec.
26. Administrative Supervision over the
People's Small-scale Mining Program. The
Secretary through his representative shall exercise
direct supervision and control over the program and
activities of the small-scale miners within the
people's small-scale mining area.
The Secretary shall within ninety (90) days from the
effectivity of this Act promulgate rules and
regulations to effectively implement the provisions of
the same. Priority shall be given to such rules and
regulations that will ensure the least disruption in the
operations of the small-scale miners.
Sec. 27. Penal Sanctions. Violations of the
provisions of this Act or of the rules and regulations
issued pursuant hereto shall be penalized with
imprisonment of not less than six (6) months nor
more than six (6) years and shall include the
confiscation and seizure of equipment, tools and
instruments.
3.
Cases
La Bugal Blaan Tribal Association Inc., et al. V.
Victor O. Ramos, Secretary Department of
Environment and Natural Resources; Horacio
Ramos, Director, Mines and Geosciences
Bureau (MGB-DENR);
The constitutional provision allowing the President to
enter into FTAAs is an exception to the rule that
participation in the nations natural resources is
reserved exclusively to Filipinos. Provision must be
construed strictly against their enjoyment by nonFilipinos.
RA 7942 (The Philippine Mining Act) took effect on
April 9, 1995. Before the effectivity of RA 7942, or on
March 30, 1995, the President signed a Financial and
Technical Assistance Agreement (FTAA) with WMCP, a
corporation organized under Philippine laws, covering
close to 100, 000 hectares of land in South Cotabato,
Sultan Kudarat, Davao del Sur and North Cotabato.
On August 15, 1995, the Environment Secretary
HELD:
1)
3)
survey
shall
be
CHAPTER
ORGANIZATION
BUREAU
AND
JURISDICTION
OF
I
THE
II
which
have
already
been
III
Section
43. Swamplands
and
mangrove
forests. Strips
of
mangrove
forest
bordering
numerous islands which protect the shoreline, the
shoreline roads, and even coastal communities from
the destructive force of the sea during high winds
and typhoons, shall be maintained and shall not be
alienated. Such strips must be kept from artificial
obstruction so that flood water will flow unimpeded
to the sea to avoid flooding or inundation of
cultivated areas in the upstream.
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 five (5) years from the date of such
release shall revert to the category of forest land.
Section 44. Visitorial power. The Department Head
may, by himself or thru the Director or any qualified
person duly designated by the Department Head,
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, this Code and pertinent laws, policies, rules
and regulations.
Section 45. Authority of forest officers. When in the
performance of their official duties, forest officers, or
other government officials or employees duly
authorized by the Department Head or Director, shall
have free entry into areas covered by a license
agreement, license, lease or permit.
Forest officers are authorized to administer oath and
take acknowledgment in official matters connected
with the functions of their office, and to take
testimony in official investigations conducted under
the authority of this Code and the implementing
rules and regulations.
Section 46. Scaling stations. In collaboration with
appropriate government agencies, the Bureau shall
establish control or scaling stations at suitably
located outlets of timber and other forest products to
insure that they were legally cut or harvested.
Section 47. Mining operations. Mining operations in
forest lands shall be regulated and conducted with
due regard to protection, development and utilization
of other surface resources.
Location, prospecting, exploration, utilization or
exploitation
of
mineral
resources
in
forest
reservations shall be governed by Mining laws, rules
and
regulations.
No
location,
prospecting,
exploration, utilization, or exploitation of mineral
resources inside forest concessions shall be allowed
unless proper notice has been served upon the
be
IV
Section
74. Misclassification and survey by
government official or employee. Any public officer
or employee who knowingly surveys, classifies, or
recommends the release of forest lands as alienable
and disposable lands contrary to the criteria and
standards established in this Code, or the rules and
regulations promulgated hereunder, shall, after an
appropriate administrative proceeding, be dismissed
from the service with prejudice to re-employment,
and upon conviction by a court of competent
jurisdiction, suffer an imprisonment of not less than
one (1) year and a fine of not less than one
thousand,
(P1,000.00)
pesos.
The
survey,
classification or release of forest lands shall be null
and void.
Section
75. Tax
declaration
on
real
property. Imprisonment for a period of not less than
two (2) nor more than four (4) years and perpetual
disqualification from holding an elective or appointive
office, shall be imposed upon any public officer or
employee who shall issue a tax declaration on real
property without a certification from the Director of
Forest Development and the Director of Lands or
their duly designated representatives that the area
declared for taxation is alienable and disposable
lands, unless the property is titled or has been
occupied and possessed by members of the national
cultural minorities prior to July 4, 1955.
Section 76. Coercion and influence. Any person who
coerces, influences, abets or persuades the public
officer or employee referred to in the two preceding
sections to commit any of the acts mentioned therein
shall suffer imprisonment of not less than one (1)
year and pay a fine of five hundred (P500.00) pesos
for every hectare or a fraction thereof so improperly
surveyed, classified or released.
Section 77. Unlawful possession of implements and
devices used by forest officers. Imprisonment for a
period of not less than (2) nor more than four (4)
years and a fine of not less than one thousand pesos
(P1,000.00),
nor
more
than
ten
thousand
(P10,000.00) pesos in addition to the confiscation of
such implements and devices, and the automatic
cancellation of the license agreement, lease, license
or permit, if the offender is a holder thereof, shall be
imposed upon any person who shall, without
authority from the Director or his authorized
representative, make, manufacture, or has in his
possession any government marking, hatchet or
other marking implement, or any marker, poster, or
other devices officially used by officers of the Bureau
for the marking or identification of timber or other
products, or any duplicate, counterfeit, or imitation
thereof, or make or apply a government mark on
timber or any other forest products by means of any
authentic or counterfeit device, or alter, deface, or
remove government marks or signs, from trees, logs,
stumps, firewoods or other forest products, or
destroy, deface, remove or disfigure any such mark,
sign, poster or warning notices set by the Bureau to
designate the boundaries of cutting areas, municipal
or city forest or pasture, classified timber land, forest
reserve, and areas under the national park system or
to make any false mark or imitation of any mark or
is
integrated
deemed
1.
2.
2.
Community-Based
Forest
Management
(CBFM) shall be the primary strategy in all
forest conservation and development and
related activities, including joint ventures,
production sharing and co-production; it
shall be encouraged in all private sector
forestry enterprises and ventures.
2.
3.
2.
3.
4.
Innovative
financial
systems
and
approaches, such as securitization, bonds
and collaborative investments, shall be
encouraged to support sustainable forest
management and enterprises and the
conservation of forest-based biodiversity in
the Philippines.
5.
2.4.
Incentives
for
Enhancing
Private
Investments, Economic Contribution and Global
Competitiveness of Forest-Based Industries
1.
2.
3.
4.
3.
Forestry
administrative
institutions,
including
development, shall be
modernized.
systems
research
upgraded
and
and
and
4.
5.
6.
7.
Act
for
Act
for
Section 10. Revocation of Registration and Permit. The Secretary may revoke any Certificate of
Registration or permit previously issued to a person
found violating the provisions of this Act, or the rules
and regulations issued pursuant thereto.
Section
11. Joint
Congressional
Oversight
Committee. - To monitor and oversee the
implementation of this Act, including the approval of
the rules and regulations issued pursuant hereto,
there is hereby created a Joint Congressional
Oversight Committee to be composed of the
Chairpersons
of the Senate Committee on
Environment and Natural Resources and the House
Committee on Natural Resources as Chairperson and
Co-Chairperson, five (5) members of each of the
Senate and the House of Representatives who shall
be designated by the Senate President and the
Speaker of the House of Representatives as
members: Provided, That the two (2) of the five (5)
senators and two (2) of the five (5) House members
shall be nominated by the respective Minority
Leaders of the Senate and the House of
Representatives.