FRITZIE ANNE L.

ORFANO

ASSIGN#1 -MIDTERM GRADING -GE 421Public Land Laws and Laws on Natural Resources
DISCUSSION/ENUMERATION/DEFINITION (REFER TO THE PHILIPPINE LAW ON NATURAL
RESOURCES)

1. ENUMERATE THE LAWS GOVERNING NATURAL RESOURCES ENFORCE IN THE PHILIPINES.

In the Philippines, the laws that govern natural resources include the following:

Philippine Mining Act of 1995 - Republic Act No. 7942 regulates the
exploration, development, and utilization of mineral resources in the country. It
provides for the issuance of mining permits and agreements, the payment of
taxes and royalties, and the protection of the environment and the rights of
affected communities.

Philippine Fisheries Code of 1998 - Republic Act No. 8550 governs the
management and conservation of fisheries and aquatic resources in the
country. It provides for the regulation of fishing activities, the protection of
marine biodiversity, and the promotion of sustainable fisheries.

National Integrated Protected Areas System Act of 1992 - Republic Act No.
7586 establishes the National Integrated Protected Areas System (NIPAS) to
protect and conserve the country's natural and cultural heritage. It provides for
the classification, management, and protection of protected areas, such as
national parks, wildlife sanctuaries, and marine reserves.

Clean Air Act of 1999 - Republic Act No. 8749 regulates air pollution in the
country. It provides for the prevention and control of air pollution, the
promotion of public awareness, and the establishment of a comprehensive air
quality management program.

Clean Water Act of 2004 - Republic Act No. 9275 governs the protection,
preservation, and management of the country's water resources. It provides for
the prevention and control of water pollution, the promotion of public
awareness, and the establishment of a comprehensive water quality
management program.

Renewable Energy Act of 2008 - Republic Act No. 9513 promotes the
development and use of renewable energy sources in the country. It provides
for the establishment of a feed-in tariff system, the promotion of renewable
energy investments, and the reduction of greenhouse gas emissions.
These laws aim to promote the sustainable use and management of natural
resources, protect the environment, and safeguard the rights and welfare of
affected communities.

2. WHAT IS THE CONCEPT AND MANNER OF DISPOSITION OF OUR COUNTRY'S NATURAL

In the Philippines, natural resources are considered public assets and are managed by the
government through various agencies such as the Department of Environment and Natural
Resources (DENR), Department of Energy (DOE), and Department of Agriculture (DA).

The disposition of natural resources in the Philippines is guided by the Philippine Constitution,
which mandates that the exploration, development, and utilization of natural resources should
be under the full control and supervision of the state. The government is also required to
protect the nation's marine wealth and preserve the country's forests, mineral resources, and
wildlife.

As provided for under Section 4 of E.O. 192, the DENR is mandated to be the primary
government agency responsible for the conservation, management, development and proper
use of the country's environment and natural resources, including those in reservations,
watershed areas and lands of the public domain, as well as the licensing and regulation of all
natural resources utilization as may be provided by law in order to ensure equitable sharing of
the benefits derived therefrom for the welfare of the present and future generations of
Filipinos. They are responsible in promulgating rules and regulations in accordance with law
governing the exploration, development, conservation, extraction, disposition, use and such
other commercial activities tending to cause the depletion and degradation of our natural
resources;

3.WHAT IS THE IMPORTANCE OF NATURAL RESOURCES IN A COUNTRY?

Natural resources play a crucial role in the development and well-being of a country. Here are
some of the key reasons why natural resources are important:

Economic Development: Natural resources are often the backbone of a country's economy.
They provide the raw materials and energy needed for industries such as agriculture, mining,
forestry, and manufacturing. By exploiting natural resources, countries can generate revenue,
create jobs, and stimulate economic growth.

Energy Production: Natural resources such as coal, oil, and gas are critical sources of energy for
transportation, heating, and electricity generation. As the demand for energy continues to
grow, countries that have abundant natural resources can benefit from lower energy costs and
increased energy security.
Environmental Services: Natural resources also provide important environmental services such
as clean air, water, and soil. Trees, for example, absorb carbon dioxide and provide oxygen,
while wetlands filter pollutants and prevent flooding. Preserving natural resources is essential
for maintaining a healthy and sustainable environment.

Cultural and Recreational Value: Natural resources also have cultural and recreational value.
They provide opportunities for outdoor recreation, such as hiking, camping, and fishing, and are
often central to cultural traditions and practices.

National Security: Natural resources can also be a matter of national security. Countries that
are rich in strategic resources such as oil, gas, and minerals may have greater geopolitical
influence and bargaining power.

In summary, natural resources are important for economic development, energy production,
environmental services, cultural and recreational value, and national security. It is therefore
essential for countries to manage their natural resources in a sustainable and equitable manner
to ensure their long-term availability and benefits for future generations.

4.HOW ARE LANDS OF THE PUBLIC DOMAIN CLASSIFIED?

In the Philippines, lands of the public domain are classified into four categories based on their
potential uses and limitations. These classifications are defined under the Philippine
Constitution, the Public Land Act, and other relevant laws and regulations. The four categories
are as follows:

Agricultural Lands: These are lands that are suitable for agriculture, forestry, grazing, and other
related uses. These lands are often the subject of agrarian reform programs and are distributed
to landless farmers and agricultural workers.

Forest Lands: These are lands that are covered with trees or are suitable for tree growth. These
lands are managed by the Department of Environment and Natural Resources (DENR) and are
subject to forest protection and conservation laws.

Mineral Lands: These are lands that are rich in metallic and non-metallic minerals and are
reserved for mineral extraction and development. These lands are managed by the Mines and
Geosciences Bureau (MGB) of the DENR and are subject to mining laws and regulations.

National Parks: These are lands that are reserved for public use, enjoyment, and tourism. These
lands are managed by the Department of Tourism (DOT) and the DENR and are subject to
environmental protection laws.

It is important to note that lands of the public domain are not open for private ownership.
Instead, individuals and corporations may apply for a lease, permit, or other forms of
authorization from the government to use these lands for specific purposes. The government
may also declare lands of the public domain as alienable and disposable, which means that they
can be sold or transferred to private individuals or corporations. However, the disposition of
these lands is subject to strict legal and regulatory requirements to ensure that the public
interest is protected.

5. WHAT IS MEANT BY PUBLIC AGRICULTURAL LANDS? EXPLAIN.

Public agricultural lands refer to lands of the public domain that are classified and suitable for
agricultural purposes. These lands are managed and administered by the government through
the Department of Agrarian Reform (DAR), which is responsible for implementing the country's
agrarian reform program.

Public agricultural lands include lands that are covered by the Comprehensive Agrarian Reform
Program (CARP), which was enacted in 1988 to promote social justice and rural development by
distributing agricultural lands to landless farmers and agricultural workers. Under the CARP,
agricultural lands are distributed to qualified beneficiaries through various modes of land
acquisition, such as land redistribution, leasehold, and voluntary offer to sell.

Public agricultural lands may also include lands that are not covered by the CARP but are
classified as agricultural lands by the government. These lands may be leased or granted to
individuals or corporations for agricultural purposes, subject to the government's rules and
regulations.

It is important to note that public agricultural lands are considered public assets and are
therefore subject to strict legal and regulatory requirements. The government is responsible for
ensuring that these lands are used in a sustainable and equitable manner for the benefit of the
public and future generations.

6. HOW IS A PUBLIC FOREST DEFINED?

In the Philippines, a public forest is defined as an area of land that is classified and administered
as a forest land under the jurisdiction of the Department of Environment and Natural Resources
(DENR). Public forests are considered part of the public domain and are managed and protected
by the government for the benefit of the people.

Under the Philippine Forestry Code, a public forest is defined as "a forest land, the use and
disposition of which is vested in the government". This includes forest lands that are not yet
covered by any title or patent and those that are declared by law or proclamation as part of the
public domain. Public forests are generally subject to strict rules and regulations to ensure their
sustainable use and management.

The classification of a public forest is determined based on its potential uses and limitations,
such as its soil productivity, slope, elevation, and vegetation cover. Public forests may be
further
classified into protection forests, production forests, and other types of forest lands based on
their primary uses and management objectives.

Protection forests are those that are primarily intended for the protection and preservation of
water resources, soil, biodiversity, and other ecological values. Production forests, on the other
hand, are intended for the production of timber, non-timber forest products, and other forest-
based commodities.

It is important to note that the classification and management of public forests in the
Philippines are governed by various laws and regulations, including the Philippine Forestry
Code, the National Integrated Protected Areas System (NIPAS) Act, and other relevant laws and
regulations. These laws aim to ensure the sustainable use and management of public forests for
the benefit of the present and future generations.

7. ARE PUBLIC FOREST LANDS SUBJECT TO PRIVATE APPROPRIATION? EXPLAIN YOUR

No, public forest lands are not subject to private appropriation in the Philippines. These lands
are considered part of the public domain and are managed and protected by the government
for the benefit of the people. Private appropriation of public forest lands is prohibited by law
and is considered a violation of the government's ownership and stewardship over these lands.

However, private individuals or corporations may apply for a lease or permit to use public
forest lands for specific purposes, such as agroforestry, ecotourism, or research. These uses are
subject to strict rules and regulations to ensure their sustainable and equitable use and
management.

Under the Philippine Forestry Code, the use and disposition of public forest lands are subject to
various modes of forest land tenure, such as lease, license, easement, and other forms of
authorization. These modes of tenure are granted by the government to individuals or
corporations that meet certain qualifications and requirements, such as financial capacity,
technical expertise, and environmental compliance.

It is important to note that the government's authority over public forest lands is absolute and
cannot be transferred or waived. The government has the power to regulate, control, and
manage public forest lands to ensure their sustainable use and protection for the benefit of the
people and future generations.

8. WHAT ARE MINERAL LANDS? HOW CAN AN AREA BE CONSIDERED VALUABLE FOR
MINING PURPOSES?

Mineral lands in the Philippines refer to lands that are known to contain valuable minerals or
mineral deposits that can be extracted for commercial or industrial purposes. These minerals
may include metallic minerals such as gold, copper, nickel, and iron, as well as non-metallic
minerals such as limestone, silica, and clay.

An area can be considered valuable for mining purposes if it contains significant mineral
deposits that can be economically extracted and processed. The potential value of a mining site
is determined by various factors, such as the type and quality of minerals present, the amount
and grade of ore, the accessibility and infrastructure of the site, and the prevailing market
conditions for the minerals.

In the Philippines, the government is responsible for identifying and classifying areas that are
open for mining operations. The process of identifying mining areas is governed by the
Philippine Mining Act of 1995, which provides guidelines and procedures for the exploration,
development, and utilization of mineral resources in the country.

Under the law, mining operations are allowed only in areas that are declared as "mineral lands"
by the government. These areas may be classified as either "alienable and disposable lands" or
"public lands", depending on their ownership and status. Alienable and disposable lands are
lands that can be disposed of or sold to private individuals or corporations, while public lands
are lands that belong to the state and are intended for public use.

Before mining operations can commence in a mineral land, the government requires the
submission of various documents and permits, such as an exploration permit, a mineral
agreement, an environmental compliance certificate, and other relevant clearances and
permits. These documents and permits ensure that mining operations are conducted in a
sustainable and responsible manner, with due consideration for the protection of the
environment and the rights of affected communities.

9. WHAT ARE ALIENABLE AND DISPOSABLE LANDS? EXPLAIN HOW TO ACQUIRE SUCH LANDS.

Alienable and disposable lands in the Philippines are lands that are considered available for
private ownership and use. These lands were previously classified as "public lands" under the
Philippine Constitution and other laws, but were later declared "alienable and disposable" by
the government for various purposes, such as agriculture, industry, commerce, or residential
use.

There are several ways to acquire alienable and disposable lands in the Philippines, depending
on the purpose and mode of acquisition. Some of the common modes of acquisition are as
follows:

Public land application - This mode of acquisition involves the filing of an application with the
Department of Environment and Natural Resources (DENR) for the acquisition of a specific
public land. The application must be supported by necessary documents and clearances, such
as a survey plan, tax declaration, and other relevant certifications.
Homestead - This mode of acquisition is available to Filipino citizens who do not own more than
12 hectares of land. The applicant must be at least 18 years old and must have lived in the area
for at least one year prior to the application. The homestead must be used for agricultural
purposes and must be cultivated and improved within a certain period of time.

Purchase - This mode of acquisition involves the purchase of a private land from a willing seller.
The transaction must be properly documented and registered with the appropriate government
agencies, such as the Register of Deeds and the Bureau of Internal Revenue.

Donation - This mode of acquisition involves the transfer of ownership of a private land as a gift
or donation. The donation must be supported by a notarized deed of donation and must
comply with the requirements of the National Internal Revenue Code.

It is important to note that the acquisition of alienable and disposable lands is subject to
various laws, rules, and regulations, such as the Public Land Act, the Land Registration Act, and
other relevant laws and issuances. These laws aim to ensure the equitable distribution and
sustainable use of public lands for the benefit of the people and future generations.

10. WHAT ARE THE LAWS GOVERNING PUBLIC LANDS?

Constitution of the Philippines - The 1987 Constitution declares that all lands of the public
domain, waters, minerals, coal, petroleum, and other mineral oils are owned by the State. It
also provides that Congress may determine the specific limits of the public domain, taking into
account ecological, geological, or other features.

Public Land Act - This law, also known as Commonwealth Act No. 141, was enacted in 1936 to
provide for the classification, disposition, and administration of public lands. It defines the
various classifications of public lands, such as agricultural, residential, commercial, industrial,
and timber lands, and provides for the modes of acquisition, such as public land application,
homestead, and sale.

Mining Act of 1995 - This law, also known as Republic Act No. 7942, regulates the exploration,
development, and utilization of mineral resources in the country. It provides for the issuance of
mining permits and agreements, the payment of taxes and royalties, and the protection of the
environment and the rights of affected communities.

Indigenous Peoples' Rights Act - This law, also known as Republic Act No. 8371, recognizes and
protects the rights of indigenous peoples over their ancestral lands and domains. It provides for
the recognition and delineation of ancestral domains, the issuance of certificates of ancestral
domain title, and the protection of the cultural integrity and human rights of indigenous
peoples.

National Integrated Protected Areas System Act - This law, also known as Republic Act No.
7586, establishes the National Integrated Protected Areas System (NIPAS) to protect and
conserve the
country's natural and cultural heritage. It provides for the classification, management, and
protection of protected areas, such as national parks, wildlife sanctuaries, and marine reserves.

Philippine Fisheries Code - This law, also known as Republic Act No. 10654, governs the
management and conservation of fisheries and aquatic resources in the country. It provides for
the regulation of fishing activities, the protection of marine biodiversity, and the promotion of
sustainable fisheries.

These laws aim to ensure the equitable distribution and sustainable use of public lands and
resources, promote the protection of the environment and natural resources, and safeguard
the rights and welfare of affected communities.