ART 12 Flashcards
Regalian Doctrine
Jura Regalia, is a Spanish colonial law principle that states that the state owns all public lands and natural resources in the Philippines
IMPERIUM
Government authority possessed by the State which is appropriately embraced in sovereignty.
DOMINIUM
apacity of the State to own and acquire property.
Alienation of Natural Resources
General Rule: All natural resources CANNOT be alienated
Exception: Agricultural lands
Exploration, Development and Utilization of Natural Resources
a) The state may DIRECTLY UNDERTAKE such activities
b) The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements
EDU NR LIMITATIONS : DURATION
It should not exceed 25 years, renewable for not more than 25 years
Small-scale Utilization of Natural Resources
- Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens
- Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons.
Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils
- The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and conditions provided by law.
- They should be based on the real contributions to economic growth and general welfare of the country.
- In the agreements, the State should promote the development and use of local scientific and technical resources.
- The President should notify Congress of every contract under this provision within 30 days from its execution.
- Management and service contracts are not allowed under this rule.
Protection of Marine Wealth
- The State shall protect its marine wealth in its
* Archipelagic waters
* Territorial sea &
* EEZ - The State shall reserve its use and enjoyment exclusively to Filipino citizens.
LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO
a) Agricultural
b) Forest/timber
c) Mineral lands &
d) National Parks
Alienable lands of public domain
- Only agricultural lands are alienable.
- Agricultural lands may be further classified by law according to the uses to which they may be devoted.
Limitations regarding Alienable Lands of the Public Domain: PRIV CORPO/ASS
A. They can only hold alienable lands of the public domain BY LEASE
B. Period: Cannot exceed 25 years, renewable for not more than 25 years
C. Area: Lease cannot exceed 1,000 hectares
Limitations regarding Alienable Lands of the Public Domain: For Filipino citizens
A. Can lease up to 500 hectares
B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.
Means by Which Lands of the Public Domain Become Private Land
- Acquired from government by purchase or grant;
- Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and
- Open, exclusive, and undisputed possession of .
Open, exclusive, and undisputed possession of …..
a. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction.
b. Here, in possession since time immemorial, presumption is that the land was never part of public domain.
c. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land
d. Presumption is that land belongs to the State.
ANCESTRAL DOMAIN
a. It refers to lands which are considered as pertaining to a cultural region
b. This includes lands not yet occupied, such as deep forests.
PRIVATE LANDS GR / XPN
General rule:
Private lands CAN only be transferred or conveyed to:
a. Filipino citizens
b. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens
Exceptions:
a. In intestate succession, where an alien heir of a Filipino is the transferee of private land.
b. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE LAND, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title.
c. Foreign states may acquire land but only for embassy and staff residence purposes.
Restriction against aliens only applies to acquisition of ownership. Therefore:
a. Aliens may be lessees or usufructuaries of private lands
b. Aliens may be mortgagees of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale.
Remedies to recover private lands from disqualified aliens:
- Escheat proceedings
- Action for reversion under the Public Land Act
- An action by the former Filipino owner to recover the land
a. The former pari delicto principle has been abandoned
b. Alien still has the title
SEC 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS
- Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may be done when the national interest dictates.
- Congress shall also enact measures to encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.
. FRANCHISES FOR PUBLIC UTILITIES
Power to grant:
- Congress may directly grant a legislative franchise; or
- Power to grant franchises may be delegated to appropriate regulatory agencies and/or LGU’s.
PUBLIC UTILITY: WHOM GRANTED
- Filipino citizens or
- Corporations or associations incorporated in the Philippines and at least 60% of the capital is owned by Filipino citizens.
PUBLIC UTILITY: TERMS AND CONDITIONS
- Duration: Not more than 50 years
- Franchise is NOT exclusive in character
- Franchise is granted under the condition that it is subject to amendment, alteration, or repeal by Congress when the common good so requires.
FORMATION/ORGANIZATION/REGULATION OF CORPORATIONS
- Private corporations- Congress can only provide for the formation, etc of private corporations through a general law.
- GOCC’s They may be created by:
a. Special charters in the interest of the common good and subject to the test of economic viability.
b. By incorporation under the general corporation law.
MONOPOLIES
- The Constitution does NOT prohibit the existence of monopolies.
- The State may either regulate or prohibit monopolies, when public interest so requires.
- Combinations in restraint of trade or unfair competition are prohibited.
Acquisition of alienable lands of the public domain: WHO
- Filipino citizens;
- Corporations incorporated in RP, with 60% Filipino ownership;
- Former natural-born citizens of RP, as transferees, with certain legal restrictions; and
- Alien heirs as transferees in case of intestate succession.
Operation of Public Utilities REQ
- Filipino citizens; or
- Corporations incorporated in RP, with 60% Filipino ownership
Exploitation of natural resources
- Filipino citizens; or
- Corporations incorporated in RP, with 60% Filipino ownership
Practice of ALL Professions
Filipino citizens only (natural persons)
Mass Media REQ
- Filipino citizens; or’
- Corporations incorporated in RP, and 100% Filipino owned
Advertising REQ
- Filipino citizens; or
- Corporations incorporated in RP, and 70% Filipino owned.
Educational institution REQ
- Filipino citizens; or
- Corporations incorporated in RP with 60% Filipino ownership
EXCEPT: Schools established by religious groups and mission boards.
*Congress may, by law, increase Filipino equity requirements for ALL educational institutions
Other economic activities REQ
Congress may, by law, reserve to Filipino citizens or to corporations 60% Filipino owned (or even higher) certain investment areas.
Nationalization of vital industries:
A. Exercised in the interest of national welfare or defense
B. Involves either:
i. Establishment and operation of vital industries; or
ii. Transfer to public ownership, upon payment of just compensation, public utilities and other private enterprises to be operated by the government
SPECIAL ECONOMIC POWERS OF THE GOVERNMENT
- Temporary takeover or direction of operations:
- Nationalization of vital industries:
. Temporary takeover or direction of operations:
A. Conditions
i. National emergency and
ii. When the public interest requires
B. May be used against privately owned public utilities or businesses affected with public interest.
C. Duration of the takeover: period of emergency
D. Takeover is subject to reasonable terms and conditions
E. No need for just compensation because it is only temporary.
