11] G.R. No.

98332 January 16, 1995

MINERS ASSOCIATION OF THE PHILIPPINES, INC., petitioner,
vs.
HON. FULGENCIO S. FACTORAN, JR., Secretary of Environment and Natural
Resources, and JOEL D. MUYCO, Director of Mines and Geosciences
Bureau, respondents.

Facts :

Former President Corazon Aquino issued Executive Order No.s 211 and 279 in
the exercise of her legislative powers. EO No. 211 prescribes the interim procedures in
the processing and approval of applications for the exploration, development and
utilization of minerals pursuant to Section 2, Article XII of the 1987 Constitution while
EO No. 279 authorizes the DENR Secretary to negotiate and conclude joint-venture,
co-production, or production- sharing agreements for the exploration, development,
and utilization of mineral resources.
Petitioner questions the constitutionality of the two Administrative Orders issued
by then Sec. of DENR Fulgencio Factoran Jr. pursuant to the above stated executive
orders. Administrative Order no. 57 declares that all mining leases or agreements
which were granted after the effectively of the 1987 Constitution shall be converted into
production-sharing agreements within 1 year from the effectivity of these guidelines.
Administrative Order no. 82 on the other hand, provides that failure to submit Letter of
Intent and Mineral Production-Sharing Agreement within 2 years from the effectivity of
the Department Administrative Order No. 57 shall cause the abandonment of the
mining, quarry, and sand and gravel claims.
They also contend that the Administrative order violates their vested rights on
non-impairment clause of the Constitution as it automatically converts their mining
leases/agreements into production-sharing agreements. Furthermore, the DENR acted
in excess of its jurisdiction and are inconsistent with the EOs.
Issue: Whether or not the Administrative orders issued by the DENR are valid?
Ruling:
Yes. They are valid.
Due to the fact that the Executive Order no. 279 which was issued by Former
pres. Aquino, in effect, gave the Secretary of the DENR the authority or power to
conclude joint venture, co-production or production sharing agreements for the
exploration, development and utilization of mineral resources. This Administrative
orders are directed to accomplish the purpose of the law under which they were issued
and were intended to secure the paramount interest of the public, their economic
growth and welfare. Moreover, they were part of the legitimate exercise of the police
power of the state. The non-impairment clause guaranteed by our constitution should
not prevail over the legitimate exercise of police power.

Discourse:
The adoption of the concept of jura regalia

that all natural resources are owned
by the State embodied in the 1935, 1973 and 1987 Constitutions, as well as the
recognition of the importance of the country's natural resources, not only for national
economic development, but also for its security and national
defense,

ushered in the adoption of the constitutional policy of "full control and
supervision by the State" in the exploration, development and utilization of the
country's natural resources. The options open to the State are through direct
undertaking or by entering into co-production, joint venture; or production-sharing
agreements, or by entering into agreement with foreign-owned corporations for large-
scale exploration, development and utilization.

12] G.R. No. L-50464 January 29, 1990
SUNBEAM CONVENIENCE FOODS INC., CORAL BEACH DEVELOPMENT CORP.,
and the REGISTER OF DEEDS OF BATAAN, petitioners,
vs.
HON. COURT OF APPEALS and THE REPUBLIC OF THE
PHILIPPINES, respondents.
Facts:
Sunbeam Convenience Foods, Inc. (SUNBEAM) and Coral Beach Development
Corporation (CORAL BEACH) are recipients of a Sales Patent issued by the Director
of Lands located in Mariveles, Bataan. Subsequently, an OCT was issued in their
favor. However, the Solicitor General filed an action for reversion on the ground that
the lots were forest lands, thus, inalienable. The then CFI (now RTC) of Bataan
dismissed the case on the ground that its had no jurisdiction over the matter. It was
elevated to the CA, and then it ruled in favour of the Solicitor General.
Issue: Whether or not the subject property is alienable
Ruling:
The decision of the CA is affirmed. Land remains unclassified land until it is
released therefrom and rendered open to disposition.


Our adherence to the Regalian doctrine subjects all agricultural, timber, and
mineral lands to the dominion of the State.

Thus, before any land may be reclassified
from the forest group and converted into alienable or disposable land for agricultural or
other purposes, there must be a positive act from the government. Even rules on the
confirmation of imperfect titles do not apply unless and until the land classified as
forest land is released in an official proclamation to that effect so that it may form part
of the disposable agricultural lands of the public domain.
The mere fact that a title was issued by the Director of Lands does not confer any
validity on such title if the property covered by the title or patent is part of the public
forest. The only way to resolve this question of fact as to the classification of the land is
by remanding the case to the lower court for a full- dress trial on the issues involved.
Discourse:
In the case of SUNBEAM CONVENIENCE FOODS INC., CORAL BEACH
DEVELOPMENT CORP vs CA, it was enhanced, this is becase the Regalian Doctrine
subjects all agricultural, timber and mineral lands to the dominion of the state. And so,
before a land may be reclassified into alienable and disposable land for agricultural
purposes, there must be a positive act from the government