Discussion 6/30/19 Imperium: the state has supreme
control over the land
International Agreements Cruz v Secretary of Natural 1972 Stockholm Declaration Resources GR 135385 Dec 6, 19 ??? o IPRA constitutionality Kyoto Protocol o Native Title UNCLOS Vienna Convention – ozone layer Primary Jurisdiction ` Villaflor v Dir of Lands Archipelagic Doctrine: The waters around, o The Courts will not resolve a between and connecting the Philippines, controversy that is well within regardless of breadth. the jurisdiction of an administrative agency, Regalian Doctrine: especially when it demands… technical Contiguous Zone: 24 NM from baseline expertise. Protect Customs and Sanitation Exhaustion of Administrative Remedies The court’s action cannot prosper Exclusive Economic Zone: 200 NM until all the remedies has been Not part of territory exhausted at the administrative Just have sovereign rights to level. EXPLOIT the resources Exceptions: 1. Violation of Due Process “The President MAY enter into agreement” 2. When the issue involved is a purely legal question Salient Features for Rules of Procedure 3. Patent illegal amounting to for Envi cases lack or excess of JD. Effective: Apr 29, 2010 4. When there is estoppel: when you have actively taken 1. Locus standi: part of the proceeding. a. Precautionary Principle: 5. Irreparable Injury b. Writ of Kalikasan 6. Respondent is a Department i. Reserve, Rehabilitate Secretary: since he is an the Environment ALTER EGO of the President, thus, CA 141 7. When unreasonable Enacted: Nov. 7, 1986 8. Private lands Applies to public lands, 9. ? 10. When the rule does not Only agricultural lands can be Plain, Speedy, Adequate disposed. remedy. Disposal shall be under the full 11. When there are control of the state circumstances ? Dominion: capacity to own or acquire land Classification of Lands carminotes Page 1|2 Public Domain: for Public Use o Alienable o Inalienable Private Domain
Classification of Lands: Sec 3 Art XII
Agri o Alienable Land o Private Corpo only LEASE, 25 years renewable for 25. o Sec 6 CA 141: the prerogative of classifying of the Public Domain belongs to the Executive Branch of the Govt o Sec DENR v Yap GR 167707 Oct 8, 2008 Forest/Timber Mineral Natural Park
How land may be transferred
1. Homestead settlement 2. Sale 3. Lease 4. Confirmation of perfect or incomplete title