Decision
19
G.R. No. 224469
Another reason lies in the purpose that Section 68 and the entirety of
PD 705, as amended seek to achieve. As stated in the preamble of PD 705,
as amended:
WHEREAS, proper classification, management and utilization of
the lands of the public domain to maximize their productivity to meet the
demands of our increasing population is urgently needed;
WHEREAS, to achieve the above purpose, it is necessary to reassess
the multiple uses of forest lands and resources before allowing any
utilization thereof to optimize the benefits that can be derived therefrom;
WHEREAS, it is also imperative to place emphasis not only on the
utilization thereof but more so on the protection, rehabilitation and
development of forest lands, in order to ensure the continuity of their
productive condition;
WHEREAS, the'present laws and regulations governing forest lands
are not responsive enough to support re-oriented government programs,
projects and efforts on the proper classification and delimitation of the lands
of the public domain, and the management, utilization, protection,
rehabilitation, and development of forest lands ....
Verily, State regulation of the utilization of forest lands cuts above
ownership rights. This is in line with the police power of the State and its
obligation to the entire nation to promote, protect, and defend its right to a
healthy and clean environment and ecology as a third generation collective
right. 62
Maynilad Water Services Inc. v. Secretary of the Department of
Environment and Natural Resources 63 has confirmed the public trust
doctrine that penneates the State's obligation vis-a-vis all natural resources
such as water, and by logical extension, timber and other forest products:
The vastn~ss qf this patrimony precludes the State from
managing the same entirely by itself. In the interest of quality and
efficiency, it thus outsources assistance from private entities, but this
must be delimited and controlled for the protection of the general
welfare. Then comes into relevance police power, one of the inherent
powers of the State. Police power is described in Gerochi v. Department of
Energy:
[P]olice power is the power of the state to promote public welfare
by restraining and regulating the use of liberty and property. It is the most
pervasive, the least limitable, and the most demanding of the three
fundamental powers of the State. The justification is found in the Latin
maxim salus populi est suprema lex (the welfare of the people is the supreme
law) and sic utere tuo ut alienum non laedas (so use your property as not to
injure the property of others). As an inherent attribute of sovereignty
62
63
See Sumudu Atappatu, "The Right to Healthy Life or the Right to Die Polluted: The Emergence ofa Human
Right to a Healthy Environment under International Law," 16 Tulane Environmental Law Journal 65
(2002)
at
file:///C:/Users/SUPREME%20COURT/Downloads/2083-Article%20Text-7012-1-1020190403%20(1).pdf, last accessed November 4, 2020.
G.R. No. 202897, August 6, 2019. ,