NATURAL RESOURCES AND ENVIRONMENTAL LAWS FINALS (REVIEWER)

1-4 AIKA
5-8 JC
9-12 JL
13- 16 LIZ
17-20 - JANZ

1. COMPREHENSIVE LAND USE PLAN (CLUP)

The comprehensive plan, also known as a general plan, master plan or land-use plan, is a
document designed to guide the future actions of a community. It presents a vision for the
future, with long-range goals and objectives for all activities that affect the local government.
This includes guidance on how to make decisions on public and private land development
proposals, the expenditure of public funds, availability of tax policy (tax incentives), cooperative
efforts and issues of pressing concern, such as farmland preservation or the rehabilitation of
older neighborhoods areas. Most plans are written to provide direction for future activities over a
10- to 20-year period after plan adoption. However, plans should receive a considered review
and possible update every five years.

A community comprehensive plan serves the following functions:

The plan provides continuity. The plan provides continuity across time, and gives
successive public bodies a common framework for addressing land-use issues.

It is the means by which a community can balance competing private interests. John
Public may want to store oil drums on his property. Jane Citizen, his neighbor, would like to
open a restaurant on her property. Planning seeks to strike a balance among the many
competing demands on land by creating development patterns that are orderly and rational,
provide the greatest benefits for individuals and the community as a whole and avoid
nuisance conflicts between land uses.

It is the means by which a community can protect public investments. Planning is the
means by which a community avoids digging up last years new road to lay this years new
sewer pipe. Well-planned, orderly and phased development patterns are also less
expensive for a community to provide with public services than low-density, scattered
development.

It allows communities to plan development in a way that protects valued

resources. Planning can identify environmental features like wetlands, agricultural lands,
woods and steep slopes and suggest strategies for preserving those resources from
destruction or degradation by inappropriate development.

It provides guidance for shaping the appearance of the community. A plan can set
forth policies that foster a distinctive sense of place.

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It promotes economic development.The plan contains valuable information that drives the
location decisions of prospective firms.

It provides justification for decisions.Plans provide a factual and objective basis to

support zoning decisions and can be used by communities to defend their decisions if
challenged in court.

Through public dialogue, citizens express a collective vision for the future. Last, but
certainly not least, the planning process provides citizens an opportunity to brainstorm,
debate and discuss the future of their community. A plan developed through a robust public
input process enjoys strong community support. Subsequent decisions that are consistent
with the plans policies are less likely to become embroiled in public controversy.

2. FOREST LAND USE PLAN (FLUP)

The forestland use planning is a process by which the DENR, a particular LGU and concerned
stakeholders have to identify the current situation of timberland. This would include
determination of the existing vegetative cover, particularly the old growth and secondary growth
forests, as well as areas that have been reforested. In addition, during the planning process, it is
also necessary to determine the different forestland tenure instruments issued by the DENR,
such as Certificate of Stewardship Contracts and Community Based Forest Management
Agreements, among others. Open access areas, meaning those sites not covered with any
tenure instrument, shall also be identified.
Once the current situation of forestland is assessed, the planning will proceed in determining the
best uses of forestland covering a particular LGU. The primary considerations in formulating
land use options are the ecological values of the forest, especially its function as habitat to
wildlife, watershed, soil erosion control and even carbon sequestration potentials. Forestlands
identified as important habitats should be protected along with critical watersheds. Areas
requiring rehabilitation shall also be determined and where restoration efforts shall be
implemented.
Another important component of forestland use planning is the identification of areas needed for
timber production. This is very essential, especially with the imposition of logging ban, to meet
local timber supplies and demands. Timber production may also be implemented in areas
covered with land tenure instruments. In fact, holders of existing land tenure instruments, like
CSCs and CBFMAs are supposedly required to establish tree plantations for protection and
utilization purposes. Other uses, such as for ecotourism and recreational, may further be
specified in the FLUP.
Once completed, the FLUP shall then be integrated into the CLUP of a particular LGU through
enactment of specific ordinance by the Sanggunian and translated further into zoning ordinance.

3. Role of LGUs
Integrated na sa No. 2 and 3

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4. Allowable activities in protected areas

PROTECTED AREAS- R.A. 7586 National Integrated Protected Areas System Act of 1992
(NIPAS)

SECTION 3. Categories The following categories of protected areas are hereby

established:

a. Strict nature reserve;

b. Natural park;

c. Natural monument;

d. Wildlife sanctuary;

e. Protected landscapes and seascapes;

f. Resource reserve;

g. Natural biotic areas; and

h. Other categories established by law, conventions or international agreements which the

Philippine Government is a signatory.

SECTION 4. Definition of Terms For purposes of this Act, the following terms shall be
defined as follows:

1. National Integrated Protected Areas System (NIPAS) is the classification and

administration of all designated protected areas to maintain essential ecological processes and
life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natural conditions to the greatest extent possible;

2. Protected Area refers to identified portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity and
protected against destructive human exploitation;

5. National park refers to a forest reservation essentially of natural wilderness character which
has been withdrawn from settlement, occupancy or any form of exploitation except in conformity
with approved management plan and set aside as such exclusively to conserve the area or
preserve the scenery, the natural and historic objects, wild animals and plants therein and to
provide enjoyment of these features in such areas;

6. Natural monuments is a relatively small area focused on protection of small features to

protect or preserve nationally significant natural features on account of their special interest or
unique characteristics;

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7. Natural biotic area is an area set aside to allow the way of life of societies living in harmony
with the environment to adapt to modern technology at their pace;

8. Natural park is a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding natural and scenic
areas of national or international significance for scientific, educational and recreational use;

9. Protected landscapes/seascapes are areas of national significance which are

characterized by the harmonious interaction of man and land while providing opportunities for
public enjoyment through the recreation and tourism within the normal lifestyle and economic
activity of these areas;

10. Resource reserve is an extensive and relatively isolated and uninhabited area normally
with difficult access designated as such to protect natural resources of the area for future use and
prevent or contain development activities that could affect the resource pending the establishment
of objectives which are based upon appropriate knowledge and planning;

11. Strict nature reserve is an area possessing some outstanding ecosystem, features and/or
species of flora and fauna of national scientific importance maintained to protect nature and
maintain processes in an undisturbed state in order to have ecologically representative examples
of the natural environment available for scientific study, environmental monitoring, education, and
for the maintenance of genetic resources in a dynamic and evolutionary state;

13. Wildlife sanctuary comprises an area which assures the natural conditions necessary to
protect nationally significant species, groups of species, biotic communities or physical features
of the environment where these may require specific human manipulations for their perpetuation.

Since wala po ako makitang allowable activities in protected areas, provided below are the
prohibited acts, instead.

R.A. 7586, SECTION 20. Prohibited Acts. Except as may be allowed by the nature of their
categories and pursuant to rules and regulations governing the same, the following acts are
prohibited within protected areas:

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products

derived therefrom without a permit from the Management Board;

b. Dumping of any waste products detrimental to the protected area, or to the plants and
animals or inhabitants therein;

c. Use of any motorized equipment without a permit from the Management Board;

d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural

communities (of scenic value);

e. Damaging and leaving roads and trails in a damaged condition;

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f. Squatting, mineral locating, or otherwise occupying any land;

g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any

business enterprise without a permit;

h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or

in bodies of water; and

i. Altering, removing destroying or defacing boundary marks or signs.

5: Modes of Disposition of NatRes under 1987 Constitution

a) Direct undertaking by the state;
b) Co-production;
c) Joint Venture; and
d) Production Sharing.

Section 2, Article XII of 1987 Constitution:

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
60 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 provided by law. In cases of water rights for irrigation,
water supply, fisheries, or industrial uses other than the development of waterpower,
beneficial use may be the measure and limit of the grant.

6: Illegal Logging

EO No. 23 s. 2011 (February 1, 2011)

Declaring a Moratorium on the Cutting and Harvesting of Timber in the Natural and Residual
Forests and Creating the Anti-illegal Logging Task Force
Rationale
To protect the remaining forest cover areas of the country not only to prevent flash floods
and hazardous flooding but also to preserve biodiversity, protect threatened habitats and
sanctuaries of endangered and rare species, and allow natural regeneration of residual
forests and development of plantation forests
Salient Features

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Section 2. Moratorium on the Cutting and Harvesting of Timber in the Natural and
Residual Forests nationwide
Section 3. Creation of the Anti-Illegal Logging Task Force
The DENR is prohibited from:
1. Issuing new logging stewardship contracts/agreements;
2. Renewing tree cutting permits (with exceptions)

Some exceptions:
1. road right of way;
2. site preparation;
3. silvi-cultural treatments and similar activities;
4. indigenous practices;
Provided,
All logs derived therefrom shall be turned over to DENR

7. Chainsaw Act
RA 9175, November 7, 2002
An Act regulating the ownership, possession, sale, importation and use of chain saws,
penalizing violations thereof and for other purposes.
Rationale
- To eliminate illegal logging and other forms of forest destruction which are being
facilitated with the use of chain saws.

Salient Features:
- Section 4. Person authorized to Manufacture, Sell _and Import Chain Saws
- Section 5. Person Authorized to Possess and Use _Chain Saws
- Section 6. Registration of Chain Saws
- Section 7. Penal Provisions
Prohibited Acts and Elements
Section 7. No.1-4
Section 7. No.1

Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw

Without a Proper Permit

Elements:
a) The offender sells, purchases, transfer the ownership, distributes or otherwise
disposes or possesses a chain saw;
b) Without first securing the necessary permit from the Department.

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Section 7. No.2

Unlawful Importation or Manufacturing of Chain Saw

Elements:
a) The offender imports or manufactures a chain saw;
b) Without obtaining prior authorization from the Department.

Section 7. No.3

Tampering of Engine Serial Number

Element:
a) The offender defaced or tampered the original registered engine serial number of
any chain saw unit

Section 7. No.4

Actual Unlawful Use of Chain Saw

Elements:
a) The offender is in possession of a chain saw;
b) He uses the same in any manner;
c) The offender does not have the permit to do so.

Note:
All chainsaws must be registered with DENR except for the province of Palawan
(PCSD)
Other government agencies that used chainsaws in some aspect of their operation
must likewise secure a permit from DENR

8. Classification of Lands

1. Agricultural Lands (Alienable and Disposable);

a. Residential, Commercial, Industrial;
b. Educational, Charitable;
c. Reserved for town sites;
2. Forest or Timber Lands;
3. Mineral Lands;
4. National Parks.

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9. Title over surface rights vs Governmental rights

Please take note that this is a hypothetical question given by Maam. The only logical legal basis
I can relate to this topic is the Regalian Doctrine. This just necessarily means that someone who
owns surface rights to a land do not include ownership of minerals or other resources found
beneath and around the property as ownership of those are subject to different permits which
we have tackled in our discussions. In essence, it can be said that Governmental rights can be
superior over personal rights of an owner if the land is found to be bearing natural resources. If
so, the Government can then exercise its police power or power of eminent domain in order to
acquire the property.

10. Foreshore lands and Salvage zone

Under Article 51 of the Presidential Decree No. 1067, otherwise known as The Water Code
of the Philippines, Salvage Zone is defined as the zone of three (3) meters in urban areas,
twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their
margins, subject to the easement of public use in the interest of recreation, navigation, flotage,
fishing and salvage. No person shall be allowed to stay in this zone longer than what is
necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any
kind.
The Philippine Ports Authority has jurisdiction over all shorelines or salvage zones. It cannot,
however, grant an exemption for the individual personal use of the shoreline. Based on
representation with the Department of Environment and Natural Resources (DENR), the
available option is for client to file a Foreshore Land Application.
By definition, Foreshore land is that part of the land immediately in front of the shore; that part
which is between the high and the low water marks and alternately covered with water or left dry
by the flux or reflux of the tide. Thus, a foreshore could be the twenty (20) meters of salvage
zone in agricultural areas.
Under the 1973 and 1987 Constitutions, an individual may lease not more than 500 hectares
and a corporation may lease not more than 1000 hectares. The term of a foreshore lease is
twenty-five (25) years renewable for another 25 years. Like any other public land applications,
foreshore lease applications should be filed at the DENR-Community Environment and Natural
Resources Office within whose jurisdiction the land applied for is located.

11. Qualifications to own Lands of the Public Domain

*General Qualification: FILIPINO CITIZEN
As per Mode of Disposition RA 2874
A. Homestead
Section 12. Any citizen of the Philippine Islands or of the United States, over the age of
eighteen years, or the head of a family, who does not own more than twenty-four hectares of
land in said Islands or has not had the benefit of any gratuitous allotment of more than twenty-
four hectares of land since the occupation of the Philippine Islands by the United States, may

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enter a homestead or not exceeding twenty-four hectares of agricultural land of the public
domain. (same Section in CA 141)
B. Sale
Section 23. Any citizen of lawful age of the Philippine Islands or of the United States, and any
such citizen not of lawful age who is head of a family, and any corporation or association of
which at least sixty-one per centum of the capital stock or of any interest in said capital stock
belongs wholly to citizens of the Philippine Islands or of the United States or of any State thereof
and authorized to transact business in the Philippine Islands, and corporate bodies organized in
the Philippine Islands authorized under their charters to do so, may purchase any tract of public
agricultural land disposable under this Act, not to exceed one hundred and forty-four hectares in
the case of an individual and one thousand and twenty-four hectares in that of a corporation or
association, by proceeding as prescribed in this chapter: PROVIDED, That partnerships shall be
entitled to purchase not to exceed the one thousand and twenty-four hectares authorized in this
section for associations and corporations: PROVIDED, further, That citizens of countries the
laws of which grant to citizens of the Philippine Islands the same right to acquire public land as
to their own citizens, may, while such laws are in force, but not thereafter, with the express
authorization of the Legislature, purchase any parcel of agricultural land, not in excess of one
hundred and forty-four hectares available under this Act, upon complying with the requirements
of this chapter. (As amended by sec, 3 of Act No. 3219). (Sec. 22 in CA 141)
C. Lease
Section 34. All citizen of lawful age of the Philippine Islands or of the United States and any
corporation or association of which at least sixty-one per centum of the capital stock or of any
interest in said capital stock belongs wholly to citizens of the Philippine Islands or of the United
States, and which is organized and constituted under the laws of the Philippine Islands or of the
United States or of any state thereof and authorized to transact business in the Philippine
Islands, may lease any tract of agricultural public land available for lease under the provisions of
this Act, not exceeding a total of one thousand and twenty-four hectares: PROVIDED, That no
member, stockholder or any corporation or association holding or controlling under lease or
otherwise agricultural land in excess of one hundred and forty-four hectares shall apply, directly
or indirectly, for agricultural public land except under the homestead and free patent provisions
of this Act: PROVIDED, further, That citizens of countries the laws of which grant to citizens of
the Philippine Islands the same rights to lease public land as to their own citizens, may, while
such laws are in force, but no thereafter, with the express authorization of the Legislature, lease
any parcel of agricultural land, not in excess of one thousand and twenty-four hectares,
available for lease in accordance with this Act: PROVIDED, finally, That no lease shall be
permitted to interfere with any prior claim by settlement occupation, until the consent of the
occupant or settler is first had, or until such claim shall be legally extinguished, and no person,
corporation, or association, shall be permitted to lease lands hereunder which are not
reasonably necessary to carry on his business in case of an individual, or the business for which
it was lawfully created and which it may lawfully pursue in the Philippine Islands, if an
association or corporation.
Corporations or associations not having all and each of the requirements established in the
preceding paragraph of this section may, with the express authorization of the Legislature, lease
agricultural public lands available for lease the total area of which shall not exceed one

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thousand and twenty-four hectares. (As amended by section 7 of Act No. 3517). (Sec. 33 in Ca
141)
D. Free Patents
Section 41. Any native of the Philippine Islands who is not the owner of more than twenty-four
hectares, and who since July fourth, nineteen hundred and seven, or prior thereto, has
continuously occupied and cultivated, either by himself or through his predecessors in interest, a
tract or tracts of agricultural public lands subject to disposition, shall be entitled, under the
provisions of this chapter, to have a free patent issued to him for a tract or tracts of such land
not to exceed twenty-four hectares. (As amended by section 1 of Act No. 3164.) (Sec. 44 in CA
141)
E. Judicial Confirmation of Imperfect or Incomplete Titles

Section 45. The following described citizens of the Philippine Islands and the United States,
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 Court of First Instance
of the province where the land is located for confirmation of their claims and the issuance of a
certificate of title therefor, under the Land Registration Act, to wit:
(a) Those who prior to the transfer of sovereignty from Spain to the United States have applied
for the purchase, composition or other form of grant of lands of the public domain under the
laws and royal decrees then in force and have instituted had prosecuted the proceedings in
connection therewith, but have, with or without default upon their part, or for any other cause,
not received title therefor, if such applicants or grantees and their heirs have complied and
cultivated said lands continuously since the filing of their applications.
(b) Those who by themselves or through their predecessors in interest have been in the open,
continuous, exclusive, and notorious possession and occupation of agricultural lands of the
public domain, under a bona fide claim of acquisition of ownership except as against the
Government, since July twenty-sixth, eighteen hundred and ninety-four except when prevented
by war or force majeure. These shall be conclusively presumed to have performed all the
conditions essential to a Government grant and shall be entitled to a certificate of title under the
provisions of this chapter. (Sec. 48 in CA 141)

12. Jurisdiction over Natural Resources

A. Lands
R.A. 2874 Section 3. While title to lands of the public domain remains in the Government, the
Secretary of Agriculture and Natural Resources shall be the executive officer charged with
carrying out the provisions of this Act, through the Director of Lands, who shall act under his
immediate control.
Section 4. Subject to said 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 Agriculture and Natural Resources.

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Section 5. The Director of Lands, with the approval of the Secretary of Agriculture and Natural
Resources, shall prepare and issue forms, instructions, rules and regulations consistent with
this Act, as may be necessary and proper to carry into effect the provisions thereof and for the
conduct of proceedings arising under such provisions.
B. Forest
P.D. 705 Section 4. Creation of, and merger of all forestry agencies into, the Bureau of Forest
Development. For the purpose of implementing the provisions of this Code, the Bureau of
Forestry, the Reforestation Administration, the Southern Cebu Reforestation Development
Project, and the Parks and Wildlife Office, including applicable appropriations, records,
equipment, property and such personnel as may be necessary, are hereby merged into a single
agency to be known as the Bureau of Forest Development, hereinafter referred to as the
Bureau.
*I think its called the Forest Management Bureau now. Pero ito lang po kasi yung may
legal basis.
C. Minerals
DAO 96-40 Section 7. Organization and Authority of the Bureau
The Mines and Geosciences Bureau shall be a line bureau primarily responsible for the
implementation of the Act pursuant to Section 100 thereof. It shall be comprised of a Central
Office and the necessary regional, district and such other offices as may be established in
pertinent administrative orders issued by the Secretary. The staff Bureau created under
Department Administrative Order No. 1, Series of 1988, shall become the Central Office of the
Mines and Geosciences Bureau while the Mines and Geosciences Development Services
created pursuant to Department Administrative Order No. 41, Series of 1990, shall become the
Regional Offices.
Small- Scale Mining
R.A. 7076 Section 24. Provincial/City Mining Regulatory Board. There is hereby created
under the direct supervision and control of the Secretary a provincial/city mining regulatory
board, herein called the Board, which shall be the implementing agency of the Department.
D. Coal
P.D. 972 Sec. 4 The Government, through the Energy Resource Development Bureau,
shall undertake by itself the active exploration, development and production of coal resources.
*also the Department of Energy
E. Petroleum
The Secretary of the DENR is the executive officer charged with carrying out the provisions of
the Act, through the Director of Mines and Geosciences who shall act under his immediate
supervision and control. (R.A. 387 Sec. 94)
F. Fisheries
- Department of Agriculture (DA)

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G. Water
EXECUTIVE ORDER NO. 123 - RECONSTITUTING THE NATIONAL WATER RESOURCES
BOARD
Section 3. The NWRB shall immediately shall immediately initiate review of the Implementing
Rules and Regulations (IRR) of the Water Code of the Philippines, and shall amend the same
as may be necessary to effectively implement and enforce the provisions of the Code. The
NWRB shall likewise formulate a new/revised organization structure for its Secretariat to
effectively and efficiently carry out its mandate under PDs 424 and 1067, subject to approval by
the President, through the Department of Budget and Management (DBM), and the Civil Service
Commission.
*This is the latest amendment it is no longer the NWRC that has jurisdiction by virtue of
the said E.O.

13. Environmental Compliance Certificate (ECC)

An ECC is a document issued by DENR/EMB after a positive review of the ECC application,
certifying that based on the representations of the proponent, the proposed project or undertaking
will not cause significant negative environmental impact.

The ECC contains specific measures and conditions that the project proponent has to undertake
before and during the operation of the project, and in some cases, during the projects
abandonment phase to mitigate identified environmental impacts.

The ECC also certifies that the proponent has complied with all the requirements of the
Environmental Impact Statement (EIS) System and has committed to implement its approved
Environmental Management Plan.

Any project in the Philippines that poses a potential environmental risk or a significant impact to
the environment (such as mining, agriculture projects, or construction) is required to secure
Environmental Compliance Certificates (ECCs) from Department of the Environment and
Natural Resources DENR. An ECC is a certificate issued by DENR/Environmental Management
Board EMB after a positive review of the ECC application. This certifies that based on the
application of the proponent, the proposed project or undertaking will not cause a significant
negative impact on the Philippines environment. The ECC's contain specific measures and
conditions that must be met by the project proponent before and during the operation of the
project. In some cases, conditions are listed to be performed during the projects abandonment
phase to lessen identified potential environmental impacts. The ECC's also certify that the
proponent has complied with all the requirements of the Environmental Impact Statement (EIS)
System and has committed to implement its approved Environmental Management Plan in the
Philippines.
Procedure

Conduct Impact Assessment and Environmental Management Plan.

Submission of application letter to EMB board meets twice a month.

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Review of Project by DENR/EMB, sometimes it is required to present project direct to board at

their discretion.

Site inspection.

Approval issued during EMB meeting if all requirements are satisfied and it appears no
serious environmental damage shall result from the project.

Issuance of ECC from DENR released.

In cases where EMB finds that ECC is not applicable, a Certificate of Non-Coverage (CNC)
shall be issued confirming that the proposed project is not part of the Environmental Impact
Statement (EIS) an poses no environmental threat.

14. Time immemorial possession vs Classification of Forest lands

Time Immemorial - refers to a period of time when as far back as memory can go, certain
ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a
defined territory devolved to them, by operation of customary law or inherited from their
ancestors, in accordance with their customs and traditions whereas Classification of Forest
lands is permanent forest or forest reserves. It refers to those lands of the public domain which
have been the subject as needed for forest purposes.

Possession of patrimonial property of the Government, whether spanning decades or

centuries, can not ipso facto ripen into ownership.

Noteworthy is the ruling elucidated by this Court in Director of Forestry vs. Muoz and
consistently adhered to in a long line of cases, the more recent of which is Republic vs. Court
of Appeals that forest lands or forest reserves are incapable of private appropriation and
possession thereof, however long, cannot convert them into private properties. This ruling is
premised on the Regalian doctrine enshrined not only in the 1935 and 1973 Constitutions but
also in the 1987 Constitution Article XIII of which provides that:

Sec. 2.All lands of the public domain, waters, minerals, coal . . . , forests or timber, . . . and
other natural resources are owned by the State. With the exception of agricultural lands, all
other natural resources shall not be alienated.

Pursuant to this constitutional provision, the land must first be released from its classification as
forest land and reclassified as agricultural land in accordance with the certification issued by the
Director of Forestry as provided for by Section 1827 of the Revised Administrative Code. This is
because the classification of public lands is an exclusive prerogative of the executive
department of the government and not of the courts. Moreover, a positive act of the government

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is needed to declassify a forest land into alienable or disposable land for agricultural or other
purposes.

15. Classification of Reclaim Lands

CA 141
SECTION 59.
The lands disposable under this title shall be classified as follows:
a) Lands reclaimed by the Government by dredging, filing, or other means;
(b) Foreshore;
(c) Marshy lands or lands covered with water bordering upon the shores or banks of navigable
lakes or rivers;
(d) Lands not included in any of the foregoing classes.
SECTION 62. - The lands reclaimed by the Government by dredging, filling or otherwise shall
be surveyed and may, with the approval of the Secretary of Agriculture and Commerce, be
divided by the Director of Lands into lots and blocks, with the necessary streets and alley-ways
between them, and said Director shall give notice to the public by publication in the Official
Gazette or by other means, that the lots or blocks not needed for public purposes shall be
leased for commercial or industrial or other similar purposes.

16. PD 705
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE
FORESTRY REFORM CODE OF THE PHILIPPINES

Policies. The State hereby adopts the following policies:

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 the public welfare;

b) Land classification and survey shall be systematized and hastened;

c) The establishment of wood-processing plants shall be encouraged and rationalized; and

d) The protection, development and rehabilitation of forest lands shall be emphasized so as to

ensure their continuity in productive condition.

Jurisdiction of the Bureau

SECTION 5. Jurisdiction of Bureau. The Bureau shall have jurisdiction and authority over all
forest land, grazing lands, and all forest reservations including watershed reservations presently
administered by other government agencies or instrumentalities.

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It shall be responsible for the protection, development, management, regeneration, and

reforestation of forest lands; the 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;
the 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; the implementation of measures and programs to prevent kaingin and managed
occupancy of forest and grazing lands; in collaboration with other bureaus, the effective, efficient
and economic classification of lands of the public domain; and the enforcement of forestry,
reforestation, parks, game and wildlife laws, rules, and regulations.

SECTION 6. Director and Assistant Director and their Qualifications. The Bureau shall be
headed by a Director, who shall be assisted by one or more Assistant Directors. The Director and
Assistant Directors shall be appointed by the President.

SECTION 7. Supervision and Control. The Bureau shall be directly under the control and
supervision of the Secretary of the Department of Natural Resources, hereinafter referred to as
the Department Head.

SECTION 8. Review. All actions and decisions of the Director are subject to review, motu propio
or upon appeal of any person aggrieved thereby, by the Department Head whose decision shall
be final and executory after the lapse of thirty (30) days from receipt by the aggrieved party of
said decision, unless appealed to the President in accordance with the Executive Order No. 19,
series of 1966. The Decision of the Department Head may not be reviewed by the courts except
through a special civil action for certiorari or prohibition.

Criminal Offenses and Penalties

SECTION 77. 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.

17. DENR Administrative Order No. 97-32 October 10, 1997

1997 Rules for the Administrative Adjudication of Illegal Forest Products and the
Machinery, Equipment, Tools and Conveyances Used in Connection Therewith.

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Items subject to apprehension, seizure, confiscation and forfeiture.

a. ILLEGAL FOREST PRODUCTS Any forest products(s) defined in Section 1(e) above that
are removed, cut, collected, processed and/or transported:
(a) without the requisite authorization or permit; or
(b) 37 with incomplete required supporting documents
(c) with genuine authorizations or permits and/or supporting documentation that have an
expired validity, have been cancelled or that contain forged entries; or
(d) with spurious (fake) authorizations, permits and/or supporting documentation.

In implementing these Rules, original documents shall be required at all times to actually
accompany any forest products being moved or transported to any place and for any purpose.
Whenever the requisite authorization and/or supporting documentation are required to but do
not actually accompany the forest products, such absence constitutes a violation covered by
these Rules.

b. MACHINERY , EQUIPMENT , TOOLS and IMPLEMENTS - used in the possession,

gathering, collecting, processing and/or transporting of illegal forest products; and

c. CONVEYANCE - 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.

DAO 97-32 in connection with Section 77, of PD 705

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 sign herein indicated; Provided, That if the offender is a
corporation, partnership or association, the officers and directors thereof shall be liable.

Note: Kindly read the Flow Chart of Administrative Adjudication of Violation of Section 77 of PD
705
Uploaded by Addrisalyn on our FB group.

18. IPRA Law RA 8371

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Section 57. Natural Resources within Ancestral Domains. - The ICCs/IPs shall have the
priority rights in the harvesting, extraction, development or exploitation of any natural resources
within the ancestral domains. A non-member of the ICCs/IPs concerned may be allowed to take
part in the development and utilization of the natural resources for a period of not exceeding
twenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That a
formal and written agreement is entered into with the ICCs/IPs concerned or that the
community, pursuant to its own decision making process, has agreed to allow such operation:
Provided, finally, That the all extractions shall be used to facilitate the development and
improvement of the ancestral domains.

Section 58. Environmental Consideration. - Ancestral domains or portion thereof, which are
found necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected
areas, forest cover, or reforestation as determined by the appropriate agencies with the full
participation of the ICCs/IPs concerned shall be maintained, managed and developed for such
purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect
and conserve such areas with the full and effective assistance of the government agencies.
Should the ICCs/IPs decide to transfer the responsibility over the areas, said decision must be
made in writing. The consent of the ICCs/IPs should be arrived at in accordance with its
customary laws without prejudice to the basic requirement of the existing laws on free and prior
informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the
ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no
ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section without
the written consent of the specific persons authorized to give consent.

Section 59. Certification Precondition. - all department and other governmental agencies
shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license
or lease, or entering into any production-sharing agreement, without prior certification from the
NCIP that the area affected does not overlap with any ancestral domain. Such certificate shall
only be issued after a field-based investigation is conducted by the Ancestral Domain Office of
the area concerned: Provided, That no certificate shall be issued by the NCIP without the free
and prior informed and written consent of the ICCs/IPs concerned: Provided, further, That no
department, government agency or government-owned or -controlled corporation may issue
new concession, license, lease, or production sharing agreement while there is pending
application CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in
accordance with this Act, any project that has not satisfied the requirement of this consultation
process.

19. LAND ISSUE TITLE - LRA, DAR, NCIP and DENR (LMB)
A. LRA Court Registration
The LAND REGISTRATION AUTHORITY - (LRA) is an agency attached to the Department of
Justice mandated to issue decrees of registration and certificates of title and register
documents, patents and other land transaction for the benefit of landowners, Agrarian Reform-
beneficiaries and the registering public in general; to provide a secure, stable and trustworthy
record of land ownership and recorded interests therein so as to promote social and economic
well-being and contribute national development.

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Implementing and protecting the Torrens System of land registration.

It is the central repository of all land records involving registered or titled lands;
It issues decrees of registration pursuant to final judgment of the courts in land
registration proceedings and causes the issuance by the Registrar of Deeds of the
corresponding certificates of title;
It is tasked to issue all subsequent or transfer certificates of title derived from the original
certificates of title which may either be issued judicially or administratively;
It keeps the title history of records of transactions involving registered or titled lands;
It exercises control in the disposition or alienation of registered lands in accordance with
existing government rules and regulations;
It provides legal and technical assistance to the courts on land registration cases;
It extends assistance to other agencies of the government in the implementation of the
agrarian reform program;
It is a revenue collecting agency of the government; and
It performs such other functions as may be assigned by law.

B. DAR Administrative Registration

What is the purpose of land registration under Torrens system?

The real purpose of the system is to quiet title of land; to put a stop to any question of
the legality of the title, except claims, which were noted at the time of registration

What system of registration have we adopted in the Philippines?

In order to simplify land registration proceedings, Torrens System was adopted in
the Philippines. A Torrens title is the certificate of ownership issued under the Torrens
system.

P0 What court has the jurisdiction over the registration of title?

The Regional Trial Courts now have plenary jurisdiction over land registration
proceedings. The Property Registration Decree provides that said courts shall have
exclusive jurisdiction over all applications for original registration of title to lands, including
improvements and interests therein, and over all petitions filed after original registration of title,
with power to hear and determine all questions arising upon such application or petitions.
The court through its clerk of court shall furnish the Land Registration Commission with two
certified copies of all pleadings, exhibits orders, and decisions filed or issued in
applications or petitions for land registration, with the exception of stenographic notes,
within five (5) days from the filing or issuance thereof. ( Pres. Decree No. 1529, Sec. 2,
1978 )

What is the nature of land registration proceeding?

Sec. 2 of the Property Registration Decree (P.D. No. 1529) provides that judicial
proceedings for the registration of lands throughout the Philippines shall be in rem and
shall be based on generally accepted principles underlying the Torrens system.

A proceeding in rem, binds all persons known and unknown, and the title issued as a
result is binding and conclusive upon the whole world

What are the kinds of land registration?

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There are two kinds of land registration: original registration and subsequent
registration.

What is the difference between original registration and subsequent registration?

Original Registration is when the land has been adjudicated and decreed in the name
of its owner in a registration proceeding and the title issued for the first time in pursuant of
such decree is the Original Certificate of Title (OCT).

Subsequent registration is when the land title is cancelled and replaced by

another title by reason of sale or transfer. The new certificate issued is Transfer
Certificate of Title (TCT). All subsequent titles are known as Transfer Certificates. Original
Certificate of Title is a true copy if the decree of registration. It is signed by the
Administrator, entered and filed in the Land Registration Authority

C. National Commission on Indigenous Peoples (NCIP)

- 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.

Jurisdiction of the NCIP. - The NCIP, through its regional offices, shall have jurisdiction
over all claims and disputes involving rights of ICCs/IPs; Provided, however, That no
such dispute shall be brought to the NCIP unless the parties have exhausted all remedies
provided under their customary laws. For this purpose, a certification shall be issued by the
Council of Elders/Leaders who participated in the attempt to settle the dispute that the same
has not been resolved,
which certification shall be a condition precedent to the filing of a petition with the NCIP.

Certificate of Ancestral Domain Title (CADT) RA 9371

DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS

Section 51. Delineation and Recognition of Ancestral Domains. - Self-delineation shall be

guiding principle in the identification and delineation of ancestral domains. As such, the
ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. The Sworn
Statement of the Elders as to the Scope of the territories and agreements/pacts made with
neighboring ICCs/IPs, if any, will be essential to the determination of these traditional territories.
The Government shall take the necessary steps to identify lands which the ICCs/IPs concerned
traditionally occupy and guarantee effective protection of their rights of ownership and
possession thereto. Measures shall be taken in appropriate cases to safeguard the rights of the
ICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to which
they have traditionally had access for their subsistence and traditional activities, particularly of
ICCs/IPs who are still nomadic and/or shifting cultivators.

Section 52. Delineation Process. - The identification and delineation of ancestral domains
shall be done in accordance with the following procedures:

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a. Ancestral Domains Delineated Prior to this Act - The provisions hereunder shall not
apply to ancestral domains/lands already delineated according to DENR Administrative
Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any
other community/ancestral domain program prior to the enactment of his law. ICCs/IPs
enactment of this law shall have the right to apply for the issuance of a Certificate of
Ancestral Domain Title (CADT) over the area without going through the process outlined
hereunder;

b. Petition for Delineation - The process of delineating a specific perimeter may be

initiated by the NCIP with the consent of the ICC/IP concerned, or through a Petition for
Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs;

c. Delineation Paper - The official delineation of ancestral domain boundaries including

census of all community members therein, shall be immediately undertaken by the
Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned.
Delineation will be done in coordination with the community concerned and shall at all
times include genuine

j. Issuance of CADT - ICCs/IPs whose ancestral domains have been officially delineated
and determined by the NCIP shall be issued a CADT in the name of the community
concerned, containing a list of all those identified in the census; and

k. Registration of CADTs - The NCIP shall register issued certificates of ancestral

domain titles and certificates of ancestral lands titles before the Register of Deeds in the
place where the property is situated

Certificate of Ancestral Land Title (CALT)

Section 53. Identification, Delineation and Certification of Ancestral Lands.

a. The allocation of lands within any ancestral domain to individual or indigenous

corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in
accordance with customs and traditions;

b. Individual and indigenous corporate claimants of ancestral lands which are not within
ancestral domains, may have their claims officially established by filing applications for
the identification and delineation of their claims with the Ancestral Domains Office. An
individual or recognized head of a family or clan may file such application in his behalf or
in behalf of his family or clan, respectively;

c. Proofs of such claims shall accompany the application form which shall include the
testimony under oath of elders of the community and other documents directly or
indirectly attesting to the possession or occupation of the areas since time immemorial
by the individual or corporate claimants in the concept of owners which shall be any of
the authentic documents enumerated under Sec. 52 (d) of this act, including tax
declarations and proofs of payment of taxes;

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d. The Ancestral Domains Office may require from each ancestral claimant the
submission of such other documents, Sworn Statements and the like, which in its
opinion, may shed light on the veracity of the contents of the application/claim;

e. Upon receipt of the applications for delineation and recognition of ancestral land
claims, the Ancestral Domains Office shall cause the publication of the application and a
copy of each document submitted including a translation in the native language of the
ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A copy of
the document shall also be posted at the local, provincial, and regional offices of the
NCIP and shall be published in a newspaper of general circulation once a week for two
(2) consecutive weeks to allow other claimants to file opposition thereto within fifteen
(15) days from the date of such publication: Provided, That in areas where no such
newspaper exists, broadcasting in a radio station will be a valid substitute: Provided,
further, That mere posting shall be deemed sufficient if both newspapers and radio
station are not available

f. Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate
and inspect each application, and if found to be meritorious, shall cause a parcellary
survey of the area being claimed. The Ancestral Domains office shall reject any claim
that is deemed patently false or fraudulent after inspection and verification. In case of
rejection, the Ancestral Domains office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial shall be
appealable to the NCIP. In case of conflicting claims among individual or indigenous
corporate claimants, the Ancestral domains Office shall cause the contending parties to
meet and assist them in coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to Sec. 62 of this Act. In all proceedings for the
identification or delineation of the ancestral domains as herein provided, the Director of
Lands shall represent the interest of the Republic of the Philippines; and

g. The Ancestral Domains Office shall prepare and submit a report on each and every
application surveyed and delineated to the NCIP, which shall, in turn, evaluate or
corporate (family or clan) claimant over ancestral lands.

RA 8371 - Additional info:

Section 57. Natural Resources within Ancestral Domains. - The ICCs/IPs shall have
the priority rights in the harvesting, extraction, development or exploitation of any natural
resources within the ancestral domains. A non-member of the ICCs/IPs concerned may be
allowed to take part in the development and utilization of the natural resources for a period of
not exceeding twenty-five (25) years renewable for not more than twenty-five (25) years:
Provided, That a formal and written agreement is entered into with the ICCs/IPs concerned or
that the community, pursuant to its own decision making process, has agreed to allow such
operation: Provided, finally, That the all extractions shall be used to facilitate the development
and improvement of the ancestral domains.

Section 58. Environmental Consideration. - Ancestral domains or portion thereof, which are
found necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected
areas, forest cover, or reforestation as determined by the appropriate agencies with the full

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participation of the ICCs/IPs concerned shall be maintained, managed and developed for such
purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect
and conserve such areas with the full and effective assistance of the government agencies.
Should the ICCs/IPs decide to transfer the responsibility over the areas, said decision must be
made in writing. The consent of the ICCs/IPs should be arrived at in accordance with its
customary laws without prejudice to the basic requirement of the existing laws on free and prior
informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the
ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no
ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section without
the written consent of the specific persons authorized to give consent.

4. DENR LAND MANAGEMENT BUREAU RA 10023

- is an agency of the Philippine government under the Department of Environment and Natural
Resources Sresponsible for administering, surveying, managing, and disposing Alienable and
Disposable (A&D) lands and other government lands not placed under the jurisdiction of other
government agencies.

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTAL LANDS

Section 1. Qualifications. - Any Filipino citizen who is an actual occupant of a residential land
may apply for a Free Patent Title under this Act: Provided; That in highly urbanized cities, the
land should not exceed two hundred (200) square meters; in other cities, it should not exceed
five hundred (500) square meters; in first class and second class municipalities, it should not
exceed seven hundred fifty (750) square meters; and in all other municipalities, it should not
exceed one thousand (1,000) square meters; Provided, further, That the land applied for is not
needed for public service and/or public use.

Section 2. Coverage. - This Act shall cover all lands that are zoned as residential areas,
including townsites as defined under the Public Land Act; Provided, That none of the provisions
of Presidential Decree No. 705 shall be violated.

Zoned residential areas located inside a delisted military reservation or abandoned military
camp, and those of local government units (LGUs) or townsites which preceded Republic Act
No. 7586 or the National Integrated Protected Areas System (NIPAS) law, shall also be covered
by this Act.

Section 3. Application. - The application on the land applied for shall be supported by a map
based on an actual survey conducted by a licensed geodetic engineer and approved by the
Department of Environment and Natural Resources (DENR) and a technical description of the
land applied for together with supporting affidavit of two (2) disinterested persons who are
residing in the barangay of the city or municipality where the land is located, attesting to the
truth of the facts contained in the application to the effect that the applicant thereof has, either
by himself or through his predecessor-in-interest, actually resided on and continuously
possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied
for at least ten (10) years and has complied with the requirements prescribed in Section 1
hereof.

Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to
private rights, if any, public land actually occupied and used for public schools, municipal halls,

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public plazas or parks and other government institutions for public use or purpose may be
issued special patents under the name of the national agency or LGU
concerned: Provided, That all lands titled under this section shall not be disposed of unless
sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian
concerned through an approved ordinance if owned by the LGU.

20. Properties of Public Domain vs Patrimonial Rights

Public dominion or property owned by the State (or its political subdivisions) in its public or
sovereign capacity and intended for public use and not for the use of the State as a juridical
person.

Civil Code, Article 420: The following things are property of public dominion:
Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores, roadsteads, and others of similar character;
Those which belong to the State, without being for public use, and are intended for some
public service or for the development of the national wealth;

Civil Code, Art. 424: Property for public use, in the provinces, cities, and municipalities, consist
of the provincial roads, city streets, municipal streets, the squares, fountains, public waters,
promenades, and public works for public service paid for by said provinces, cities, or
municipalities.

*These subdivisions, however cannot register as their own any part of the public domain unless
it can be proved that the grant thereof has been made or possessed under the concept of an
owner. They have no authority to control or regulate properties of public domain for they are
under the authority of Congress.

What are the kinds of properties of public dominion?

Property intended for public use or which can be used by everybody and others of
similar character
Property which is not for public use but intended for public serviceor those which
can be used only by duly authorized persons, such as government buildings and
vehicles
Property intended for the development of national wealth such as minerals, coal, oil,
forest, and other natural resources
What are the characteristics of properties of public domain?
It is beyond the commerce of man
It cannot be acquired by prescription
It cannot be registered under the Land Registration Law and be the subject of a Torrens
Title
It cannot be levied upon by execution nor can be attached.

Patrimonial property

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Civil Code, Article 421.

All other property of the State, which is not of the character stated in the preceding
article, is patrimonial property

Private ownership or property owned by the State in its private capacity, and is known as
patrimonial property. It may also be owned by private persons, either individually or
collectively.
is the property of the State owned by it in its private or proprietary capacity, i.e., the
property is not intended for public use, or for some public service, or for the development
of the national wealth.

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