Law on Natural Resources A. Constitutional Constitutional Provisions 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. Article II, Section 15 The State shall protect and promote the right to health of the people and instill health consciousness among them. Article II, Section 16 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. 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 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 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 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 fishworkers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale large- scale 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. Article XII, Section 5 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. Article XIII, Section 7
The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal 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 fi shing 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 Philippine Environmental Policy formulation of an intensive, integrate program on environmental protection Philippine Environment Code Development of standards and management framework for the following areas of concern: air quality management, water quality management and land use management
B. Rules on Kalikasan (Rules of Procedure for Environmental Cases) Objectives (a) To protect and advance the constitutional right of the people to a balanced and healthful ecology; (b) 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; (c) To introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and redress for violation of environmental laws; and (d) To enable the courts to monitor and exact compliance with orders and judgments in environmental cases. Salient Features -Citizens suits are encouraged but with safeguards against nuisance suits (SLAPP) -issuance of TRO against government agencies’ action to enforce environmental laws -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 steps to preserve, rehabilitate, or restore the environment. -Discovery measures. Inspection order and production order
-citizen’s arrest -seizure of items -judge shall be guided by precautionary principle where full scientific certainty shall not be required of the party alleging environmental damage Opposa vs Factoran Metropolitan Manila Development Authority vs. Concerned Citizens of Manila Bay C. Public Land Act -in consonance with Art. 12, Sec.2, 1987 Constitution (Regalian Doctrine) -primary responsible: DENR Regalian Doctrine All lands of the public domain belong to the State -public lands not shown to have been reclassified as alienable agricultural land or alienated to private person by the State remain part of inalienable public domain
