NATRES PRELIMS REVIEWER
unlawfully excludes another from the
WHAT IS A WRIT OF MANDAMUS?
-It is settled that mandamus is
employed to compel the performance,
when refused, of a ministerial duty,
this being its main objective. It does
not lie to require anyone to fulfill
contractual obligations or to compel a
course of conduct, nor to control or
review the exercise of discretion. On
the part of the petitioner, it is essential
to the issuance of a writ of mandamus
that he should have a clear legal right
to the thing demanded and it must be
the imperative duty of the respondent
to perform the act required. It never
issues in doubtful cases. While it may
not be necessary that the duty be
absolutely expressed, it must
however, be clear. The writ will not
issue to compel an official to do
anything which is not his duty to do or
which is his duty not to do, or give to
the applicant anything to which he is
not entitled by law. The writ neither
confers powers nor imposes duties. It
is simply a command to exercise a
power already possessed and to
perform a duty already imposed.
(University of San Agustin, Inc. v.
Court of Appeals)
-Under Section 3, Rule 65 of the Rules
of Court, mandamus lies under any of
the following cases: (1) against any
tribunal which unlawfully neglects the
performance of an act which the law
specifically enjoins as a duty; (2) in
case any corporation, board or person
unlawfully neglects the performance
of an act which the law enjoins as a
duty resulting from an office, trust, or
station; and (3) in case any tribunal,
corporation, board or person
use and enjoyment of a right or office
to which such other is legally entitled;
and there is no other plain, speedy,
and adequate remedy in the ordinary
course of law.
When is it applicable?
Mandamus is available only to compel
the doing of an act specifically
enjoined by law as a duty.
Illustrative Cases:
Henares, Jr. v. LTFRB: Writ of
Mandamus will not lie where there is
no law requiring PUVs to use
Compressed Natural Gas
Joya v. PCGG: Silverwares not crafted
by Filipinos and works of art done by
foreign artists do not form part of the
cultural heritage of the country
ADMINISTRATIVE AGENCIES TASKED
IN IMPLEMENTING
ENVIRONMENTAL LAWS
1. Department of Environmental
and Natural Resources
2. Department of Agriculture
3. Department of Energy
4. Department of Transportation
and Communication
5. Department of Health
6. National Commission on
Indigenous People
7. Local Government Units
8. Pollution Adjudication Board
ADMINISTRATIVE AGENCIES
INVOLVED IN PROSECUTION AND
ENFORCEMENT OF ENVIRONMENTAL
LAWS
 1. Department of Justice
a. National Bureau of
Investigation
b. Land Registration
Authority
c. Bureau of Immigration
2. Department of Interior and
Local Government
a. LGUs
b. PNP
3. Philippine Coast Guard
4. Philippine Navy
NATURE OF RECLAIMED
LANDS/FILIPINO FIRST POLICY
Illustrative Cases:
Chavez v. Public Estates Authority
and Amari Coastal Bay
Development Corporation: Nature of
reclaimed lands covering Manila Bay;
Right of the people to know parameters
of public bidding
Manila Prince Hotel v. GSIS:
Application of Filipino First Policy
Resident Mammals of Tanon Straits
v. DENR Sec. Angelo Reyes:
WHAT ARE THE TYPES OF PUBLIC
DOMAIN?
1. Agricultural
2. Forrest or Timber
3. Mineral Lands
4. Natural Parks
Lands of the public domain are
classified into agricultural, forest or
timber, mineral lands and national
parks. (See Sec. 3, Article XII, 1987
Constitution)
DIFFERENTIATE ANCESTRAL LANDS
FROM PUBLIC LANDS
• Lands of ancestral domain are
those lands or properties owned,
possessed, or occupied by indigenous
people or groups since time
immemorial through inheritance in
accordance w/ the custom or law of
their groups, through grant or title, or
through prescription. (See Sec. 5, Art.
XII, 1987 Constitution)
• Lands of public domain are those
not owned privately by people, and
thus owned by the State. It is not
capable of being sold or is outside the
commerce of man. (See Sec. 2, Art. XII,
1987 Constitution)
Illustrative Case:
Boracay Foundation, Inc. v.
Province of Aklan
GENERAL PRINCIPLES OF
ENVIRONMENTAL LAWS
1. Sovereign Rights over Natural
Resources and Responsibility
not to cause environmental
damage
-states have sovereign rights over
their natural resources. The concept of
state sovereignty over its natural
resources is rooted from the old
principle
2. Principle of Preventive Action
3. Principle of Co-operation
4. Principle of Sustainable
Development
5. Precautionary Principle
6. Polluter-Pays Principle
7. Principle of Common but
Differentiated Responsibility
DISTINCTION BETWEEN A RIGHT
AND A PRIVILEGE
A right may be inherent or vested in
any person by provision or mandate
of law. A privilege is granted to any
person who has satisfied some certain
standards to be given the same. It can
be taken away.
Illustrative Case:
Ysmael, Jr. v. DENR Secretary: Grant
of Timber Licensing Agreement is not a
right but only a privilege
Aquino v. Municipality of Malay: A
mayor may order the summary
demolition of a private building as part
of his quasi-judicial powers in the
exercise of his police power
It refers not only to the natural
resources of the Philippines, as the
Constitution could have very well
used the term natural resources, but
also to the cultural heritage of the
Filipinos (Manila Prince Hotel v. GSIS,
and Joya v. PCGG)
POSESSION OF LAND
Nature of Occupation: CONE
1. Continuous Occupation
2. Open Possession
3. Notorious Possession – done
something to improve the land
4. Exclusive

JUDICIAL REMEDIES
-Primary Jurisdiction: Doctrine of
primary jurisdiction does not warrant
a court to arrogate unto itself the
authority to resolve a controversy the
jurisdiction over which is initially
lodged with an administrative body of
special competence.
-Exhaustion of Administrative
Remedies
-Judicial intervention
-Replevin

Illustrative case:

Mustang Lumber v. CA: The DENR

has the power to impound the vehicle
and all the logs which are subject of a
complaint for illegal logging

PAAT v. CA: Replevin will not lie until

the DENR completes its administrative
investigation

WHAT COMPRISES NATIONAL

PATRIMONY?