Yes, Julian Patok will be liable under Forestry Code for cutting trees within his

ancestral land.

Under Section 68 Forestry Code as amended by EO 277, any person who shall
cut, gather, collect, remove timber or other forest products from any forest land,
or timber from alienable or disposable public land, or from private land, without
any authority, or possess timber or other forest products without the legal
documents as required under existing forest laws and regulations is punishable
by law. The Constitution also provides that 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.

Here, even Julian Patok is the owner of an ancestral land, the trees planted
therein are still covered by the Code, which proscribes the cutting of trees without
the necessary authority or permit. Hence, Julian Patok is liable under the
Forestry Code.

Yes, Julian Patok will be liable under Forestry Code.

Mere possession of tress without necessary legal documents is violation and is

punishable under the law.

In this case, Julian Patok has in his possession the trees cut from his land,
hence, a prima facie evidence of his violation under the penal provisions of PD
705.

According to Section 3, Article XII of the 1987 Constituion, lands of the public
domain are classified into agricultural, forest or timber, mineral lands and national
parks.

Under Section 2 of the same article, with the exception of agricultural lands, all
other natural resources shall not be alienated. Therefore, only agricultural lands
are alienable, forest or timber, mineral lands and national parks are classified as
inalienable.
The CA should reverse the trial court’s decision.

Under the Section 48 of the Public Land Act, amended by PD 1073, those who
by themselves or through their predecessors in interest have been in open,
continuous, exclusive, and notorious possession and occupation of agricultural
lands of the public domain, under a bona fide claim of acquisition of ownership,
since June 12, 1945, or earlier, immediately preceding the filing of the application
for confirmation of title may apply to the Court of First Instance of the province
where the land is located for confirmation of their claims and the issuance of a
certificate of title therefor.

In this case, Mr. Alfredo Marfega, Jr. has no sufficient documentary evidence to
prove that his possession of the subject property started since 12 June 1945 or
earlier. In addition, the earliest time that he can trace his possession was only in
1946. No evidence was also presented to prove that the subject property has
been declared alienable and disposable through a positive act of the
government.

Therefore, the trial court’s decision should be reversed by CA for failure failed to
comply with the period of possession and occupation of the subject property, as
required by law.

5.

Regalian Doctrine is provided under Article XII, Section 2 of the 1987 Constution
which states that 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.

Hence, unless public land is shown to have been reclassified or alienated to a

private person by the State, it presumptively belong to the State.

6.

Yes, the LGU can impose taxes over foreshore areas.

According to RA 8550 or the Fisheries Code, the municipal/city government shall

have jurisdiction over municipal waters. In the case of Capitol Wireless, Inc. v.
Provincial Government of Batangas GR No. 180110, May 30, 2016, although the
term municipal waters appears in the Code in the context of the grant of
quarrying and fisheries privileges for a fee by local governments, its inclusion in
the Code’s Book II which covers local taxation means that it may also apply as
guide in determining the territorial extent of the local authorities’ power to levy
real property taxation.

Thus, the jurisdiction or authority over foreshore areas includes the authority to
tax the same, for taxation is one of the three basic and necessary attributes of
sovereignty, and such authority has been delegated by the national legislature to
the local governments with respect to real property taxation.

7.

If I am the RTC Judge, I will not sustain the petition.

Under Section 3 (a) of PD 705 or the Forestry Code, public forest is the mass of
lands of the public domain which has not been the subject of the present system
of classification for the determination of which lands are needed for forest
purposes and which are not.

In DENR v Mayor Jose Yap GR No. 167707, October 8, 2008, the Court held that
all unclassified lands are ipso facto considered as public forest and that a
positive act declaring land as alienable and disposable is required for purposes
of registration or claiming ownership of such lands.

Here, the Gaban Island is an unclassified land, as such it falls under the category
of public forest. Also, no proclamation was made to classify the subject land as
alienable and disposable, Proclamation No. 1801 cannot be considered as a
positive act by the government declaring Gaban Island as alienable and
disposable. Therefore, the petition lacks metit.

8.

RA 8550

a. to achieve food security as the overriding consideration in the

utilization, management, development, conservation and protection of fishery
resources in order to provide the food needs of the population. A flexible policy
towards the attainment of food security shall be adopted in response to changes
in demographic trends for fish, emerging trends in the trade of fish and other
aquatic products in domestic and international markets, and the law of supply
and demand;

b. to limit access to the fishery and aquatic resources of the Philippines for
the exclusive use and enjoyment of Filipino citizens;

c. to ensure the rational and sustainable development, management and

conservation of the fishery and aquatic resources in Philippine waters including
the Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent
with the primordial objective of maintaining a sound ecological balance,
protecting and enhancing the quality of the environment;

d. to protect the rights of fisherfolk, especially of the local communities

with priority to municipal fisherfolk, in the preferential use of the municipal waters.
Such preferential use, shall be based on, but not limited to, Maximum
Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of
resources and ecological conditions, and shall be consistent with our
commitments under international treaties and agreements;

e. to provide support to the fishery sector, primarily to the municipal

fisherfolk, including women and youth sectors, through appropriate technology
and research, adequate financial, production, construction of post-harvest
facilities, marketing assistance, and other services. The protection of municipal
fisherfolk against foreign intrusion shall extend to offshore fishing grounds.
Fishworkers shall receive a just share for their labor in the utilization of marine
and fishery resources;

f. to manage fishery and aquatic resources, in a manner consistent with

the concept of an integrated coastal area management in specific natural fishery
management areas, appropriately supported by research, technical services and
guidance provided by the State; and

g. to grant the private sector the privilege to utilize fishery resources under
the basic concept that the grantee, licensee or permittee thereof shall not only be
a privileged beneficiary of the State but also active participant and partner of the
Government in the sustainable development, management, conservation and
protection of the fishery and aquatic resources of the country.

Section 2, Article XII,1 1987 Constitution

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.
The State shall protect the nation’s marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by

Filipino citizens, as well as cooperative fish farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes, bays, and lagoons.

PD 705

a) The multiple uses of forest lands shall be oriented to the development and
progress requirements of the country, the advancement of science and
technology, and the public welfare;

b) Land classification and survey shall be systematized and hastened;

c) The establishment of wood-processing plants shall be encouraged and

rationalized; and

d) The protection, development and rehabilitation of forest lands shall be

emphasized so as to ensure their continuity in productive condition.

Section 2, Article XII,1 1987 Constitution

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.

Section 4, Article XII,1 1987 Constitution

The Congress shall, as soon as possible, determine, by law, the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be conserved and may not
be increased nor diminished, except by law. The Congress shall provide for such
period as it may determine, measures to prohibit logging in endangered forests
and watershed areas.

RA 7942
All mineral resources in public and private lands within the territory and exclusive
economic zone of the Republic of the Philippines are owned by the State. It shall
be the responsibility of the State to promote their rational exploration,
development, utilization and conservation through the combined efforts of
government and the private sector in order to enhance national growth in a way
that effectively safeguards the environment and protect the rights of affected
communities.

Section 2, Article XII,1 1987 Constitution

The exploration, development, and utilization of natural resources shall be under

the full control and supervision of the State. The State may directly undertake
such activities, or it may enter into co-production, joint venture, or production-
sharing agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such agreements
may be for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may be provided by
law

The President may enter into agreements with foreign-owned corporations

involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of local scientific
and technical resources.

9.
The Laws that regulate mining in the Philippines are the following:
1. 1987 Consitution,
Article XII:
Section 1, paragraph 2
Section 2, paragraphs 2, 3 and 4

Article XVI:
Section 7

2. Republic Act 7942 or the Philippine Mining Act of 1995 and IRR (Admin
Order 2010-21)
3. RA 7076 or the People’s Small Scale Mining Act of 1991
4. Local Government Code and executive issuances
 Sections 16, 17, 26-27, 289-294, 443 (a) (vi), 454 (b), 458 (a) (vi), 463 (b),
468 (a) (vi), 484
5. International conventions and treaties

Other related laws to mining:

1. RA 7638 or the Department of Energy Act of 1992

2. RA 7279 or the Urban Development and Housing Act of 1992
3. RA 6969 or the Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990
4. RA 8749 or the Clean Air Act
5. RA 9003 or the Ecological Solid Waste Management Act of 2000
6. RA 8371 or the The Indigenous Peoples’ Rights Act of 1997
7. EO 79 - institutionalizing and implementing reforms in the philippine
mining sector providing policies and guidelines to ensure environmental
protection and responsible mining in the utilization of mineral resources
8. DENR Department Administrative Order 2017-10

10.
Section 4, RA 7942
The State shall recognize and protect the rights of the indigenous cultural
communities to their ancestral lands as provided for by the Constitution.
Section 2, RA 8371
The State shall recognize and promote all the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the
framework of the Constitution:

a) The State shall recognize and promote the rights of ICCs/IPs within the
framework of national unity and development;

b) The State shall protect the rights of ICCs/IPs to their ancestral domains to
ensure their economic, social and cultural well being and shall recognize
the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain;
Section 3, RA 8371
g) Free and Prior Informed Consent — as used in this Act shall mean the
consensus of all members of the ICCs/IPs to be determined in accordance with
their respective customary laws and practices, free from any external
manipulation, interference and coercion, and obtained after fully disclosing the
intent and scope of the activity, in a language and process understandable to the
community;
Section 7, RA 8371
Rights to Ancestral Domains. — The rights of ownership and possession of
ICCs/IPs to their ancestral domains shall be recognized and protected. Such
rights shall include:

a) Right of Ownership. — The right to claim ownership over lands,

bodies of water traditionally and actually occupied by ICCs/IPs, sacred places,
traditional hunting and fishing grounds, and all improvements made by them at
any time within the domains;

b) Right to Develop Lands and Natural Resources. — Subject to Section

56 hereof, right to develop, control and use lands and territories traditionally
occupied, owned, or used; to manage and conserve natural resources within the
territories and uphold the responsibilities for future generations; to benefit and
share the profits from allocation and utilization of the natural resources found
therein; the right to negotiate the terms and conditions for the exploration of
natural resources in the areas for the purpose of ensuring ecological,
environmental protection and the conservation measures, pursuant to national
and customary laws; the right to an informed and intelligent participation in the
formulation and implementation of any project, government or private, that will
affect or impact upon the ancestral domains and to receive just and fair
compensation for any damages which they may sustain as a result of the project;
and the right to effective measures by the government to prevent any
interference with, alienation and encroachment upon these rights;

c) Right to Stay in the Territories. — The right to stay in the territory and
not to be removed therefrom. No ICCs/IPs will be relocated without their free and
prior informed consent, nor through any means other than eminent domain.
Where relocation is considered necessary as an exceptional measure, such
relocation shall take place only with the free and prior informed consent of the
ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to
return to their ancestral domains, as soon as the grounds for relocation cease to
exist. When such return is not possible, as determined by agreement or through
appropriate procedures, ICCs/IPs shall be provided in all possible cases with
lands of quality and legal status at least equal to that of the land previously
occupied by them, suitable to provide for their present needs and future
development. Persons thus relocated shall likewise be fully compensated for any
resulting loss or injury;

Section 57, RA 8371

The ICCs/IPs shall have priority rights in the harvesting, extraction, development
or exploitation of any natural resources within the ancestral domains.

11.
A.
Section 80. Government Share in Mineral Production Sharing Agreement. - The
total government share in a mineral production sharing agreement shall be the
excise tax on mineral products as provided in Republic Act No. 7729, amending
Section 151(a) of the National Internal Revenue Code, as amended.

Section 82. Allocation of Government Share. – The Government share as

referred to in the preceding sections shall be shared and allocated in accordance
with Sections 290 and 292 of Republic Act No. 7160 otherwise known as the
Local Government Code of 1991. In case the development and utilization of
mineral resources is undertaken by a government-owned or –controlled
corporation, the sharing and allocation shall be in accordance with Sections 291
and 292 of the said Code.
Section 88. Allocation of Occupation Fees. - Thirty per centum (30%) of all
occupational fees collected from the holders of mining rights in onshore mining
areas shall accrue to the province and seventy per centum (70%) to the
municipality in which the onshore mining areas are located. In a chartered city,
the full amount shall accrue to the city concerned.
B.
Section 58 of the RA 7942 provides for Credited Activities. - Activities that may
be credited as expenditures for development of mining communities, and science
and mining technology are the following:
(a) Any activity or expenditure intended to enhance the development of the
mining and neighboring communities of a mining operation other than those
required or provided for under existing laws, or collective bargaining agreements,
and the like; and
 (b) Any activity or expenditure directed towards the development of geosciences
and mining technology such as, but not limited to, institutional and manpower
development, and basic and applied researches. Appropriate supervision and
control mechanisms shall be prescribed in the implementing rules and
regulations of this Act.

12.
A.
The municipality has jurisdiction over the waters adjacent to its land mass.
Under Section 16 of RA 8550, the municipal/city government shall have
jurisdiction over municipal waters.
The extent of jurisdiction is up to 15 kilometers from the coastline. Municipal
waters as defined in the Code include not only streams, lakes, inland bodies of
water and tidal waters within the municipality which are not included within the
protected areas as defined under Republic Act No. 7586 (The NIPAS Law),
public forest, timber lands, forest reserves or fishery reserves, but also marine
waters included between two (2) lines drawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch the sea
at low tide and a third line parallel with the general coastline including offshore
islands and fifteen (15) kilometers from such coastline. Where two (2)
municipalities are so situated on opposite shores that there is less than thirty (30)
kilometers of marine waters between them, the third line shall be equally distant
from opposite shore of the respective municipalities.

B.
Section 24 of RA 8550 provides for the support to municipal fisherfolk. — The
Department and the LGUs shall provide support to municipal fisherfolk through
appropriate technology and research, credit, production and marketing
assistance and other services such as, but not limited to training for
additional/supplementary livelihood.
C.
Yes, any constituents of the municipality file a case against any violator or any
municipal officer charged with the duty of protecting its coastal waters for
violation of RA 8550.
RA 10654 amending RA 8550 provides in Section 138 the following:
For the purposes of enforcing the provisions of this Code and its implementing
rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts/bodies against:

(a) Any person who violates or fails to comply with the provisions of this Code,
and its implementing rules and regulations;

(b) The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act; and

(c) Any public officer who willfully or grossly neglects the performance of a duty
specifically enjoined by this Code and its implementing rules and regulations; or
abuses authority in the performance of duty; or, in any manner improperly
performs duties under this Code and its implementing rules and regulations:
Provided, however, That no suit can be filed until after fifteen (15) days notice
has been given the public officer and the alleged offender and no appropriate
action has been taken thereon.