Possible Exam questions

Question 1

What are internal waters? (Art. 1, Const.)

Answer 1

The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Question 2

What are the following ocean boundaries under UNCLOS, coverage and rights?

Answer 2

(a) Internal Waters - w/in the baseline landward; Full Sovereignty
(b) Territorial Sea - 12 nautical miles from the baseline; Full Sovereignty
(c) Contiguous Zone - 24 nautical miles from the baseline; Enforce Customs, Fiscal, Immigration or Sanitary Laws
(d) Exclusive Economic Zone - 200 nautical miles from the baseline.
(e) Continent Shelf - 200 nautical miles from the baseline; Exclusive right to explore and exploit natural resources, especially minerals

Question 3

What are the 3 classifications of land provided for by the constitution? (Sections 2,3, and 4)

Answer 3

.

Question 4

By following the demarcation do we lost our claim of sovereignty of KIG and Bajo de Masinloc, which are not enclosed by the baseline? (R.A. 9522)

Answer 4

Sec. 2. The baseline in the following areas over which the Philippines likewise exercise sovereignty and jurisdiction shall be determined as “Regime of Island” under the Republic of the Philippines consistent with Article 121 of the UNCLOS:

(a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and
(b) Bajo de Masinloc, also known as Scarborough Shoal.

Question 5

What is the legal status of the archipelagic waters? (Art.49 UNCLOS III)

Answer 5

(a) The sovereignty of an archipelagic State extends to the waters enclosed by the archipelagic baselines drawn in accordance with article 47, described as archipelagic waters, regardless of their depth or distance from the coast;
(b) The sovereignty extends to the air space over the archipelagic waters, as well as to their bed and subsoil, and the resources contained therein;
(d) The regime of archipelagic sea lane passage established in this Part shall not in other respects affect the status of the archipelagic waters, including the e sea lanes, or the exercise by the archipelagic State of its sovereignty over such waters and their air space, bed and subsoil and the resources contained therein.

Question 6

CONTINENTAL SHELF (UNCLOS III, Art. 76)

Answer 6

It comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin (submerged prolongation), or of a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

portion of the continent that is submerged under an area of relatively shallow water.

Question 7

RA no. 9522 as a statutory tool? (Magallona v. Executive Sec.)

Answer 7

UNCLOS III has nothing to do with the acquisition or loss of territory. It is a multi-lateral treaty regulating, among others, sea use rights over maritime zone and continental shelves.

RA no. 9522, as a baseline law, mark-out specific basepoints along their coasts from which baselines are drawn, either straight or contoured, to serve as a geographic starting point to measure the breadth of the maritime zones and continental shelf. It is only a statutory mechanism to delimit with precision the extent of their maritime zone and continental shelves. In turn it gives notice to the rest of the international community of the scope of the maritime space and submarin areas within which States parties exercise treaty-based rights.

Question 8

Intergenerational Responsibility (Oposa v. Factoran)

Answer 8

Basis of class suit, wherein a party can file a suit in behalf of the succeeding generations insofar as the right to a balanced and healthful ecology is concerned. Every generation has responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology.

Question 9

Nature of Timber Licenses (Oposa v. Factoran)

Answer 9

A timber license is an instrument by which the State regulates the utilization and disposition of forest resources to the end of the public welfare is promoted. It is not a contract within the purview of the due process clause; it is only a license or privilege, which can be validly withdrawn whenever dictated by public interest or public welfare.

Question 10

Criminal Offenses under the Revised Forestry Code

Answer 10

(a) Cutting, gathering and/or collecting timber or other products without license;
(b) Possession of timber without legal documents;
(c) Unlawful occupation or destruction of forest lands;
(d) Pasturing livestock without authority;
(e) Illegal occupation of national parks system and recreation areas and vandalism;
(f) Survey by unauthorized person;
(g) Misclassification and survey by government official or employee
(h) Destruction of Wildlife Resources.

Question 11

Lumber; (Mustang Lumber v. CA)

Answer 11

Lumber is to be understood as processed log and timber. The Court said that since the law makes no distinction between raw or processed timber, neither should we.

Question 12

Garcia v. BOI

Answer 12

Every provision of the Constitution on the national economy and patrimony is infused with the spirit of national interest. The non-alienation of natural resources the State’s full control over the development and utilization of our scarce resources, agreement with foreigners being based on real contributions to the economic growth and general welfare of the country and the regulation of foreign investments in accordance with national goals

A petrochemical industry is not an ordinary investment opportunity. It should not be treated like a garment or embroidery firm, a shoe-making venture, or even an assembler of cars or manufacturer of computer chips, where the BOI reasoning may be accorded fuller faith and credit. The petrochemical industry is essential to the national interest. In other ASEAN countries like Indonesia and Malaysia, the government superintends the industry by controlling the upstream or cracker facility.

a choice free from any suspicion of unscrupulous machinations and a choice which is undoubtedly in the best interests of the Filipino people

Question 13

Manila Prince Hotel v. GSIS

Answer 13

Sec. 10, second par., Art. XII of the 1987 Constitution is a mandatory, positive command which is complete in itself and which needs no further guidelines or implementing laws or rules for its enforcement. From its very words the provision does not require any legislation to put it in operation. It is per se judicially enforceable. When our Constitution mandates that [i]n the grant of rights, privileges, and concessions covering national economy and patrimony, the State shall give preference to qualified Filipinos, it means just that — quali􏰆ed Filipinos shall be preferred. And when our Constitution declares that a right exists in certain speci􏰆ed circumstances an action may be maintained to enforce such right notwithstanding the absence of any legislation on the subject; consequently, if there is no statute especially enacted to enforce such constitutional right, such right enforces itself by its own inherent potency and puissance and from which all legislations must take their bearings. Where there is a right there is a remedy. Ubi jus ibi remedium.

Question 14

What are the protected areas? (NIPAS)

Answer 14

1. Strict natural reserve
2. Natural park
3. Natural monument
4. Wildlife Sanctuary
5. Protected landscape and seascape
6. Resource reserve
7. Natural biotic areas
8. Other categories established by law

As of 2013 there 240 protected area

Question 15

Tanjay Water District v. Gabaton; National Water Council Jurisdiction

Answer 15

“ART. 88. The [Water Resources] Council shall have original jurisdiction over all disputes relating to appropriation, utilization, exploitation, development, control, conservation and protection of waters within the meaning and context of the provisions of this Code.

“The decisions of the Council on water rights controversies shall be immediately executory and the enforcement thereof may be suspended only when a bond, in an amount 􏰉xed by the Council to answer for damages occasioned by the suspension or stay of execution, shall have been 􏰉led by the appealing party, unless the suspension is by virtue of an order of a competent court.

“All disputes shall be decided within sixty (60) days after the parties submit the same for decision or resolution.
“The Council shall have the power to issue writs of execution and enforce its decisions with the assistance of local or national police agencies.”

“ART. 89. The decisions of the Council on water rights controversies may be appealed to the Court of First Instance of the province where the subject matter of the controversy is situated within 􏰉fteen (15) days from the date the party appealing receives a copy of the decision, on any of the following grounds: (1) grave abuse of discretion (2) question of law; and (3) questions of fact and law.”

Question 16

Laguna Lake Development Authorit v. Caloocan

Answer 16

As a general rule, the adjudication of poluution cases generally pertain to he POLLUTION ADJUDICATION BOARD, except in cases where the special law provides for another forum. LLDA, as a specialized administrative agency, is specifically mandated… promoting and accelerating the development and balanced growth of the laguna lake area and surrounding provinces… with due regard and adequate provisions for environmental management and control, preservation of the quality of human life and ecological system, and the prevention of undue ecological disturbance, deterioration and pollution.

The charter of the LLDA (R.A. No. 4850), under sec. 4(d) “power to institute necessary legal proceeding against any person who shall. commence to implement or continue implementation of any project, plan, or program within the Laguna de Bay region without previous clearance from LLDA.”

with sufficiently broad powers in the regulation of all project in the Laguna Lake Region, whether by the government or the private sector, insofar as the implementation of these projects are concerned.

Question 17

SJS v. Atienza

Answer 17

When a mandamus proceeding concerns a public rights and its object is to compel a public duty, the people who are interested in the execution of the laws of the laws are regarded as the real parties in interest and they need not to show any specific interest.

The Local Government Code imposes upon the LGU officials to enforce all laws and ordinances relative to the governance of the city. They have the duty to enforce [Ordinance no. 8027] as long as it has not been repealed by Sanggunian or annulled by courts.

Question 18

“National Patrimony” (Manila Prince Hotel v. GSIS)

Answer 18

Refers not only to the natural resources of the Philippines but also the cultural heritage of the Filipinos.

Question 19

Dagudag v. Paderanga

Answer 19

Section 68-A states that the DENR Sec. or his duly authorized representatives may order the confiscation of any forest products illegally, cut, gathered, removed or abandoned.

Forest products already in custodia legis/lawful seizure cannot be the subject of replevin. Because there was a violation of the Revised Forestry Code and seizure was accordance with law.

Question 20

Ownership of water by private individuals (Art. 7 & 8, Water Code)

Answer 20

Art. 7. Subject to the provision of this Code, any person who captures or collects water by means of cisterns,tanks, or pools shall have exclusive control over such water and the right to dispose the same.

Art. 8. Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriator’s canal or aqueduct leading the place where the water will be used or stored and, thereafter, so long as it being beneficially use for the purposes for which it was appropriated

Question 21

Citizenship Requirement under the Water Code (Art. 15)

Answer 21

Only citizens of the Philippines, of legal age, as well as juridical person, who are duly qualified by law to exploit and develop water resources, may apply for water permits.

Question 22

When water can be appropriated without water permit? (Art. 14)

Answer 22

Subject to the provision of this Code concerning the control, protection, conservation, and regulation of the appropriation and use of water, any person may appropriate or use natural bodies of water without securing a water permit for any of the following:

(a) Appropriation of water by means of handcarried receptacles; and
(b) Bathing or washing, watering or dipping of domestic or farm animals, and navigation of watercrafts or transportation of logs and other objects of floatation.

Question 23

Remman Entrprises v. CA (Prohibition and Conditions for use)

Answer 23

Provisions of the Water Code impose a natural easement upon the lower estate to receive the water which naturally and without the intervention of man descend from higher states. However, where the water which flow from higher estate are those which are artificially collected in man-made lagoons any damage occasioned thereby entitles the owner of the lower or servient estate to compensation

Question 24

Chavez v. PEA-Amari (Right to Information)

Answer 24

The constitutional right to information on on-going negotiations before a final contract. HOWEVER, the information must constitute definite propositions by the government and should not cover recognized exceptions like privileged information.

Question 25

Administrative Action (Sec. 30 of the Clean Water Act)

Answer 25

Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified compliant any person, institute administrative proceeding n the proper forum against any person o violates:

a) Standards and limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to such standard or limitation.

Question 26

Shell v. Jalos; “Pollution”

Answer 26

Any alteration of the physical, chemical and biological properties of any watere… as will or is likely to create or render such waer… harmful, detrimental or injurious to public health, safety or welfare or which will adversely affect the utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes.

Rule wrt cause of action does not require that the complaint establish in detail the causal link. Test for determining the sufficiency of cause of action rests on whether the complaint alleges facts which, if true, would justify the relief demanded.

Question 27

Alexandria Condominium v. LLDA

Answer 27

LLDA, by virtue of its special charter, has the responsibility to protect the inhabitant of the Laguna Lake region from deleterious effect of pollutant emanating from the discharge of wastes from the surrounding areas; Under section 4-A of RA 4850, as amended, LLDA is entitled to compensation for damages resulting from failure to meet established water and effluent quality standards.

Question 28

Underlying principles of the Water Code (Art.3)

Answer 28

(a) All water belong to the State;
(b) All waters that belong to the State cannot be the subject of acquisitive prescription;
(c) the utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council;
(d) Preference in the use and development of waters shall consider current usages and be responsive to the changing needs of the country.

Question 29

Policies of the Revised Forestry Code (Sec. 2)

Answer 29

(a) The multiple uses of forest lands shall be oriented to the development and progress requirement 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.

Question 30

Objectives of the Water Code (Art. 2)

Answer 30

(a) To establish the basic principles and framework relating to the appropriation, control and conservation of water resources to achieve the optimum development and rational utilization of these resources;
(b) To define the extent of the rights and obligations of water users and owners including the protection and regulation of such rights;
(c) To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related thereto; and
(d) To identify the administrative agencies which will enforce this Code.

Question 31

Henares v. LTFRB

Answer 31

For mandamus to lie there must be a law that imposes an indubitable legal duty that will justify a grant of the writ of mandamus.

The legislative should provide first the specific statutory remedy to the complex environmental problems argued by a plaintiff before any judicial recourse by mandamus can be taken.