1. What is the implication of regalian doctrine or state ownership of natural resources?

Answer: State has the primordial responsibility in the protection and preservation of natural resources

State can take direct utilization, exploration and development of natural resources

Since state takes full control of natural resources, the implications are that it is subject to abuse of
government authorities such as they can give license or permit to whoever they want to give to even
though it would be detrimental to the environment and the people.

2. Modes of utilization of natural resources

Answer :Joint venture

Mineral production sharing agreement

FTAA

Small scale utilization such as cooperative fish farming to subsistence fishermen

Direct state undertaking

3. Constitutional statement that the use of property bears a social function Art 12 Section 6

Answer: It connotes that, while the owner of the property has the exclusive right to determine the use
of his property and the government has the duty to protect and enforce that right, property has not only
an individual function insofar as it has to provide for the needs of the owner but has also a social
function as it has to provide for the needs of the other members of society. Social legislations such as
Comprehensive Agrarian Reform Law and Indigenous People Rights Act have been mandated to ensure
the dignity, welfare, and security of all the people. To reduce social inequalities since the vast lands are
owned by the few that have been the very reason of social unrest in the past. The state therefore gives
emphasis on the social function of property owners as it regulates the acquisition, ownership and
disposition in pursuit of the ends of social justice.

The use of property has a correlative duty to protect the natural resources example in the case of Oposa
vs factoran

Social justice legislations – CARL and IPRA Law

Addressing poverty

Paying taxes and generating jobs are secondary

4. What are some of the legal instruments issued by the DENR to those who are interested to occupy
forest land and utilize resources inside forest land?

Tree cutting permit STCP

Pasture leasing/permit

Forest Landuse Agreements for Tourism Purposes

Noel cannot be liable for illegal kaingin instead illegal logging is the crime

Forestry Code - Any person who shall cut, gather, collect, or remove timber or other forest products
from any forest land, or timber from alienable and disposable public lands, or from private lands,
without any authority under a license agreement, lease, license or permit, shall be guilty of qualified
theft

Wildlife Act

Clean Air Act RA 8749

6. Identify at least three clusters of rights of Ips under IPRA

Right to Ancestral Domain and Ancestral Land

Right to self -governance

Right to social justice and human rights

Right to cultural integrity

Free and Prior Informed Consent is the heart of IPRA

7. A is a farmer-beneficiary under the CARP program and was issued a CLOA in 1996 for an area covering
5 hectares. In 1999, A was offered 2.5 million for his land by Z nickel mining corp. A agreed. The
barangay officials learned of such sale and decided to report the sale to DAR. If you were the DAR, what
would you do?

8. Mr. Sarabia is an owner of a registered chainsaw. He lent his chainsaw to Mr. Lenos who then used
the chainsaw for cutting ipil and narra trees inside his private property. You are a forester working with
the DENR and received a report from a neighbor of Mr. Lenos. What must you do under circumstances?

Chainsaw act – invoke visitorial powers under chainsaw act

Verify the report and conduct ocular inspection

Filing a complaint against Sarabia

Collaborate with the PNP

Issue a seizure receipt of the chainsaw and the wood

Immediate arrest for this is a flagrante delicto

9. Zenith corporation occupied an area which is part of Irawan Watershed in the hope of acquiring an
agro-forestry farm lease agreement. The corporation plans to establish a palm oil and banana
plantation. The land is non-alienable and disposable. If you were the DENR-CENRO, what will be your
decision?

Should not be allowed because it is a watershed

Unalienable land

10. Spouses Lazaro are owners of a 20-hectare piece of titled land in Babuyan which is fully covered with
mangroves . the spouses planted 300 mangrove which they planted in preparation for their
establishment of a fishpond. When apprehended by the DENR for violation of PD 705, they interposed
the defense that the mangroves came from their own titled land and were planted by them. Do the
spouses have a valid defense?

No. Defense is invalid.

Violation of PD 705

Fisheries and forestry law

Under pd 701 mangroves are banned species and the law is strict about it that no permit

11. Some 70 families of the Tagbanua community of Bgy.Langogan, Puerto Princesa are opposing the
ongoing quarrying and gold panning activities of of X corporation inside their ancestral domain because
their consent was not secured, and such activities will destroy their farmlands and endanger their
health. X corporation asserts that the indigenous community has no title or legal instrument at this time
and hence has no basis for asserting their ancestral domain title. Is the company correct?

No. the company is not correct. The Tagbanus can assert their right regardless of the absence of title
(CADT)

Isagani vs DENR and Carino case.

12. Screenshot

False

False

False

False

Good day NatRes class! Our midterm exam tomorrow will be conducted online (2-4pm)
Please make sure that you have a relatively stable wifi connection so you can turn on your
video and be properly monitored. As I have previously mentioned, our midterms will cover

Constitutional provisions: 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. REGALIAN DOCTRINE

assigned cases,
LGU powers and responsibilities over natural resources

Within their respective territorial jurisdictions, LGUs shall ensure and support, among other
things, the preservation and enrichment of culture, promote health and safety and enhance
the right of the people to a balanced ecology

Local government units shall have the power and authority to establish an organization that
shall be responsible for the efficient and effective implementation of their development
plans, program objectives and priorities

Enforce laws and regulations relating to pollution control and protection of the environment

Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and
other resources

Adopt a comprehensive land use plan

Issue licenses and permits and suspend or revoke the same for any violation of the
conditions upon which said licenses or permits had been issued

Enact ordinances and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging,
smuggling of natural resources products and endangered species of flora and fauna, slash
and burn farming and such other activities which result in pollution and ecological imbalance

land laws,

Forestry Code and

Chainsaw Act.

Visitorial power. The Department Head may, by himself or thru the Director or any qualified person
duly designated by the Department Head, investigate, inspect and examine records, books and
other documents relating to the operation of any holder of a license agreement, license, lease, or
permit, and its subsidiary or affiliated companies, to determine compliance with the terms and
conditions thereof, this Code and pertinent laws, policies, rules and regulations.

Section 45. Authority of forest officers. When in the performance of their official duties, forest
officers, or other government officials or employees duly authorized by the Department Head or
Director, shall have free entry into areas covered by a license agreement, license, lease or permit.

Forest officers are authorized to administer oath and take acknowledgment in official matters
connected with the functions of their office, and to take testimony in official investigations conducted
under the authority of this Code and the implementing rules and regulations.

Section 46. Scaling stations. In collaboration with appropriate government agencies, the Bureau
shall establish control or scaling stations at suitably located outlets of timber and other forest
products to insure that they were legally cut or harvested.

confiscation in favor of the government of the timber or forest products cut, gathered, collected or
removed, and the machinery, equipment, implements and tools used therein