nat res report -article xii, section 2 of 1987 constitution

7/26/2019 Nat Res Report -Article Xii, Section 2 of 1987 Constitution

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AGUILAR, JEROSS

AGUILON, MARIE GENE

ANDALES, KENT WILSON

NATURAL RESOURCES AND ENVIRONMENTAL LAW

SET B/SAT. 1:00 - 4:00 PM

ATTY. BUNDAC

ARTICLE XII, SECTION 2 OF 1987 CONSTITUTION

Secti! ". A## #$!%& ' t(e )*+#ic %,$i! $te& ,i!e$#& c$# )et#e*, $!%

t(e ,i!e$# i#& $## 'ce& ' )te!ti$# e!e 'i&(eie& 'e&t& ti,+e

i#%#i'e '#$ $!% '$*!$ $!% t(e !$t*$# e&*ce& $e !e% + t(e St$te. Wit(

t(e e2ce)ti! ' $ic*#t*$# #$!%& $## t(e !$t*$# e&*ce& &($## !t +e

$#ie!$te%. T(e e2)#$ti! %e3e#),e!t $!% *ti#i$ti! ' !$t*$# e&*ce& &($##

+e *!%e t(e '*## c!t# $!% &*)e3i&i! ' t(e St$te. T(e St$te ,$ %iect#

*!%et$5e &*c( $cti3itie& it ,$ e!te i!t c-)%*cti! 6i!t 3e!t*e

)%*cti!-&($i! $ee,e!t& it( 7i#i)i! citie!& c)$ti!& $&&ci$ti!& $t #e$&t &i2t )e ce!t*, ' (&e c$)it$# i& !e% + &*c( citie!&.

S*c( $ee,e!t& ,$ +e ' $ )ei% !t e2cee%i! te!t-'i3e e$& e!e$+#e

' !t ,e t($! te!t-'i3e e$& $!% *!%e &*c( te,& $!% c!%iti!& $& ,$

+e )3i%e% + #$. I! c$&e& ' $te i(t& ' ii$ti! $te &*))# 'i&(eie&

i!%*&ti$# *&e& t(e t($! t(e %e3e#),e!t ' $te )e +e!e'ici$# *&e ,$ +e

t(e ,e$&*e $!% #i,it ' t(e $!t.

T(e St$te &($## )tect t(e !$ti!8& ,$i!e e$#t( i! it& $c(i)e#$ic $te&

teiti$# &e$ $!% e2c#*&i3e ec!,ic !e $!% e&e3e it& *&e $!% e!6,e!t

e2c#*&i3e# t 7i#i)i! citie!&.

T(e C!e&& ,$ + #$ $## &,$##-&c$#e *ti#i$ti! ' !$t*$# e&*ce& +

7i#i)i! citie!& $& e## $& c)e$ti3e 'i&( '$,i! it( )iit t &*+&i&te!ce

'i&(e,e! $!% 'i&(- 5e& i! i3e& #$5e& +$& $!% #$!&.

T(e Pe&i%e!t ,$ e!te i!t $ee,e!t& it( 'ei!-!e% c)$ti!&

i!3#3i! eit(e tec(!ic$# 'i!$!ci$# $&&i&t$!ce ' #$e-&c$#e e2)#$ti!

%e3e#),e!t $!% *ti#i$ti! ' ,i!e$#& )et#e*, $!% t(e ,i!e$# i#&

$cc%i! t t(e e!e$# te,& $!% c!%iti!& )3i%e% + #$ +$&e% ! e$#

c!ti+*ti!& t t(e ec!,ic t( $!% e!e$# e#'$e ' t(e c*!t. I! &*c(

$ee,e!t& t(e St$te &($## ),te t(e %e3e#),e!t $!% *&e ' #c$# &cie!ti'ic

$!% tec(!ic$# e&*ce&.

T(e Pe&i%e!t &($## !ti' t(e C!e&& ' e3e c!t$ct e!tee% i!t i!

$cc%$!ce it( t(i& )3i&i! it(i! t(it %$& ', it& e2ec*ti!.9

1. JURA REGALIA AND LIMITS ON DOMINIUM


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a. Imper!m government authority possessed by the state expressed in the

concept of sovereignty.". D#m$!m capacity of the state to own and acquire property. The foundation

for the early Spanish decrees embracing the feudal theory of jura regalia that all

lands were held from the Crown, is also the foundation of the first sentence of

section .

J!r% Re&%'% ownership is vested in the State.

Lee Hong Hok v. David [1()*C +'. (-2 1972/

N )*+#ic #$!% c$! +e $c*ie% + )i3$te )e&!& it(*t $! $!t e2)e&&

i,)#ie% ', t(e 3e!,e!t; it i& i!%i&)e!&$+#e t($t t(ee +e $ &(i! ' $ tit#e ',

t(e &t$te.

!acts" This is a petition for certiorari from the Court of #ppeals which affirms the

decision of the lower court, to grant the Torrens Title to respondent #niano $avid, which

was greatly opposed by the plaintiff%appellant. The plaintiff%appellant claiming itsownership to the &aga Cadastre with lot &o.'(), a portion of which is the source of the

disputed lot &o.'* containing an area of ( sq hectares.

This lot was occupied by the wife of #niano $avid since +*)'. The wife applied

for registration of the said lot, but she died, then respondent renewed the application. n

-une +', +*' the respondents acquired a lawful title grant from the government

represented by the $irector of /ands, on this basis the 0ndersecretary of #griculture and

&atural 1esources issued on #ugust (, +** a miscellaneous Sales 2atent &o. 3%+4*

pursuant to which an CT &o.+4 was issued by the 1egistry of $eeds of &aga City to

the defendant on ctober +, +**.

The auction sale of land and the awarding of the land to the defendant were all

done publicly but the plaintiff%appellant failed to put up an opposition thereto. They rely

on their theory that the said lot came into being through accretion brought by the

reclaimation they did to their land, this was rejected by the court of appeals.

5ssue" 6hether or not the grant granted by the government to the defendant was

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8eld" 9es, it is valid. &otwithstanding the rejection of the Court of #ppeals to the

source of the disputed lot, the Supreme Court held that the theory is untenable.

!urthermore, the Supreme Court said that :only the government, represented by

the $irector of /ands or the Secretary of #griculture and &atural 1esources, can bring

an action to cancel a void certificate of title pursuant to a void patent. 5n this case, this

was initiated by the private parties li;e the plaintiff, who claims to be the owner of the

&aga Cadastre. 5t must also be noted that the constitution adopted the regalia doctrine

wherein the state is the owner of all lands, it can be disposed to anybody provided that it

complied with the essential requisites provided by the law.


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The fatal error committed by the plaintiff%appellant is that they did not put up any

opposition or adverse claim from all the proceedings in connection to the acquisition of

the lot by the respondent, $avid. Thereby automatically it come to the operation of 1#


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average in case the Bovernment or State could have sold the same within the period of

five years.

I! $+&e!ce ' )' t($t ))et i& )i3$te# !e% t(e )e&*,)ti! i& t($t it

+e#!& t t(e St$te9 the land is alienable public land, =b> his possession, in the concept above

stated, must be either since times immemorial or for the period prescribe in the public

land act. 6hich was complied with as presented in the evidence, which includes a

certification from the Aureau of land with a letter from the Aureau of !orest

$evelopment, proving that the land in question is alienable public land, and an affidavit

from the vendor Cristela $ao and her sister, providing that she inherited it from their

father.


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Since the adoption of the +*'E Constitution up to the present no other law has

been passed by the legislature on the subject matter, it remains to be A2 +', which

grants to natural born !ilipino citien who has lost his citienship to own a land.

. LIMITS ON DOMINIUM

a. Section limits the power of the State to alienate the natural resources of public

domain. nly agricultural lands of the public domain may be alienated. #ll other

natural resources may not be.

:. EX+LORATION, DE;ELO+MENT AND UTILIO MA? +ARTICI+ATE IN T>EIR EX+LORATION, DE;ELO+MENT AND

UTILI may

underta;e such activities

directly or =b> enter intoco%production, joint

venture, or production%

sharing agreements with

citiens or corpGassocs at

(4H of capital owned by

28 citien or agreement

with foreign%own corp for

large%scale exploration.

W>ET>ER BFULL CONTROL MEANT T>AT T>E STATE COULD RE;ERSE

DECISIONS MADE =? T>E ENTIT? RUNNING T>E BCO* +RODUCTION, JOINT

;ENTURE, OR +RODUCTION* S>ARING@


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6henever natural resources are involved, particularly in the case of inalienable natural

resource, the State must always have some control of the exploration, development and

utiliation even if the individual or corporation engaged in the operation is !ilipino.

See Mi!e& A&&ci$ti! ' t(e P(i#i))i!e& 3 7$ct$! "40 SCRA 100 104-10 .R. N. 1"FF" Dece,+e 1 "004 Re)*+#ic 3

P$$%i$! Cit Ti,+e >.R. N. 1G0F Se)te,+e 1 "00F.

AGREEMENT FOR EX+LORATION, ETC. OF NATURAL RESOURCES LIMITED TO

FILI+INOS

4) e!3 re!reme$3 agreement for exploration, development and utiliation of

any natural resources of the 2hilippines is limited to citiens of the 2hilippines or to

corporations or associations at least (4H of the capital is owned by such citiens. The

requirement is intended for the conservation of indigenous natural resources for !ilipino

posterity.

G#er$$& =# the participation of foreigners in the governing bodies of publicutilities is limited to their proportionate share in the capital thereof. Such limitation is not

necessary with respect to corporations for the exploration, etc. of any of the natural

resources because the Constitution expressly provides that the activities shall be under

the full control and supervision of the State.

TEC>NICAL OR FINANCIAL ASSISTANCE AGREEMENTS WIT> FOREIGN OWNED

COR+ORATIONS

C#$3#$ The Constitution imposes the following conditions on such agreements

entered into by the 2resident

+. The agreement must involve only either technical or financial assistance.. 5t must be for large scale exploration, etc of minerals, petroleum and other mineral

oils.). 5ts provisions must be according to the general terms and conditions provided by law,

based on real contributions to the economic growth and general welfare of the

country.ER LIMITATIONS

a. #greements for the exploitation of the natural resources can have a life of only

years.

% % year period reasonable time to attract capital, local and foreign and to

enable them to recover their investment and ma;e profit.


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% &ot applicable to :water rights for irrigation, water supply, fisheries, or industrial

uses other than the development of water power.D% 5n case of water rights for waterpower, % year limit is applicable.

b. &ationIs :marine wealth in its archipelagic waters, territorial sea, and exclusive

economic oneD are reserved for the exclusive use and enjoyment of :!ilipino

citiensD.

% 1eserve exclusively to !ilipino Citiens.% Corporations are excluded or at least must fully owned by !ilipinos.

c. The Congress may, by law, allow small% scale utiliation of natural resources by

!ilipino citiens, as well as cooperative fish farming, with priority to subsistence

fishermen and fish wor;ers in rivers, la;es, bays and lagoons.

% 5n favor of subsistence fishermen and fish wor;ers.

d. /imitation on service contracts.

% Sere C#$3r%3 agreement with foreign% owned corporations involving either

technical or financial assistance for large% scale exploration, development, and

utiliation of minerals, petroleum, and other mineral oils.

% F#re&$* #$e #rp#r%3#$ corporation owned by foreigners.% +!rp#eH State shall promote the development and use of local scientific and

technical resources.

- Lm3%3#$H

+. 5n accordance with general terms and condition of provided by law.. Aased on real contribution to the economic growth and general welfare.). The 2resident shall notify the Congress of every contract entered into within

)4 days from its execution.

nat res report -article xii, section 2 of 1987 constitution

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