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NATRES

The document discusses several key concepts in Philippine environmental law and land administration: 1. It outlines the Regalian Doctrine which establishes state ownership of natural resources and limits land alienation. 2. It defines legal mechanisms for environmental protection like the Writ of Kalikasan and Environment Protection Order. 3. It describes the cadastral registration process requiring surveys and public notices for settling land titles.

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Jica Gula
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47 views2 pages

NATRES

The document discusses several key concepts in Philippine environmental law and land administration: 1. It outlines the Regalian Doctrine which establishes state ownership of natural resources and limits land alienation. 2. It defines legal mechanisms for environmental protection like the Writ of Kalikasan and Environment Protection Order. 3. It describes the cadastral registration process requiring surveys and public notices for settling land titles.

Uploaded by

Jica Gula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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NATRES 1 individual or entity, involving environmental

damage of such magnitude as to prejudice


 Regalian Doctrine – “all lands of public the life, health or property of inhabitants in
domain, waters, minerals, coal, petroleum, and two or more cities or provinces.”
other mineral oil, fisheries, forest or timber,
wildlife, flora or fauna, and all other natural  Writ of Continuing Mandamus – “is a writ
resources are owned by the State. All lands or issued by a court in an environmental case
other natural resources shall not be alienated directing any agency or instrumentality of the
except for agricultural land. Unclassified government or officer thereof to perform an
lands are presumed to be owned by the act or series of acts decreed by final
State.” judgment which shall remain effective until
judgment is fully satisfied.”
 IPRA Law – “The Indigenous People’s Rights
Act is a law reorganizing, protecting, and  Action of Reversion – “It is the cancellation
preserving the right of indigenous people to of the certificate of title and the resulting
their ancestral lands and ancestral domains reversion of the land covered by the title to
as mandated by the Constitution to ensure the State.”
cultural integrity.” Ancestral lands or
ancestral domains are not part of public  Doctrine of Exhaustion of Administrative
domain; it was held in the case of Cruz vs. Remedies – “is a doctrine that courts must
Sec. Natural Resources, that ancestral lands allow administrative agencies to carry out
or ancestral domains are private property their functions and discharge their
owned by the indigenous people by native responsibilities within the specialized areas of
title. their respective competence.”

 SLAPP – “Strategic Lawsuit Against Public


 Doctrine of Primary Jurisdiction – “is that
Participation refers to an action whether civil,
courts cannot or will not determine a
criminal or administrative, brought against
controversy involving a question which is
any person, institution or any government
within the jurisdiction of the administrative
agency or local government unit or its
tribunal prior to the resolution of that
officials and employees, with the intent to
question by the administrative tribunal, where
harass, vex, exert undue pressure or stifle any
the question demands the exercise of sound
legal recourse that such person, institution or
administrative discretion requiring the special
government agency has taken or may take in
knowledge, experience and services of the
the enforcement of environmental laws,
administrative tribunal to determine technical
protection of the environment or assertion of
and intricate matters of fact.”
environmental rights.”

 Writ of Kalikasan – “The writ is a remedy  Precautionary Principle – “states that when
available to a natural or juridical person, entity human activities may lead to threats of
authorized by law, people’s organization, non- serious and irreversible damage to the
governmental organization, or any public environment that is scientifically plausible but
interest group accredited by or registered with uncertain, actions shall be taken to avoid or
any government agency, on behalf of persons diminish that threat.”
whose constitutional right to a balanced and
healthful ecology is violated, or threatened  Environment Protection Order – “refers to
with violation by an unlawful act or omission an order issued by the court directing or
of a public official or employee, or private enjoining any person or government agency
to perform or desist from performing an act in
1
order to protect, preserve or rehabilitate the communicate with the Geodetic Engineer
environment.” upon his request therefor all information
possessed by such person concerning the
 Cadastral Registration – “(a) When in the boundary lines of any lands to which he
opinion of the President of the Philippines claims title or in which he claims any interest.
public interest so requires that title to any
unregistered lands be settled and adjudicated, (e) Any person who shall willfully obstruct the
he may to this end direct and order the making of any survey undertaken by the
Director of Lands to cause to be made a Bureau of Lands or by a licensed Geodetic
cadastral survey of the lands involved and the Engineer duly authorized to conduct the
plans and technical description thereof survey under this Section, or shall maliciously
prepared in due form. interfere with the placing of any monument or
remove such monument, or shall destroy or
(b) Thereupon, the Director of Lands shall give remove any notice of survey posted on the
notice to persons claiming any interest in the land pursuant to law, shall be punished by a
lands as well as to the general public, of the fine of not more than one thousand pesos or
day on which such survey will begin, giving as by imprisonment for not more than one year,
fully and accurately as possible the or both.”
description of the lands to be surveyed. Such
notice shall be punished once in the Official
Gazette, and a copy of the notice in English or
the national language shall be posted in a
conspicuous place on the bulletin board of
the municipal building of the municipality in
which the lands or any portion thereof is
situated. A copy of the notice shall also be
sent to the mayor of such municipality as well
as to the barangay captain and likewise to the
Sangguniang Panlalawigan and the
Sangguniang Bayan concerned.

(c) The Geodetic Engineers or other


employees of the Bureau of Lands in charge
of the survey shall give notice reasonably in
advance of the date on which the survey of
any portion of such lands is to begin, which
notice shall be posted in the bulletin board of
the municipal building of the municipality or
barrio in which the lands are situated, and
shall mark the boundaries of the lands by
monuments set up in proper places thereon. It
shall be lawful for such Geodetic Engineers
and other employees to enter upon the lands
whenever necessary for the purposes of such
survey or the placing of monuments.
(d) It shall be the duty of every person
claiming an interest in the lands to be
surveyed, or in any parcel thereof, to

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