Separate Concurring Opinion
24
G.R. No. 224469
In 1977, the distinction established by the Manahan amendment was
expressly abandoned by Presidential Decree No. 1073 when the latter
limited the application of Section 48 (b) and (c) "to alienable and disposable
lands of the public domain[.]" 118
IV
After the Philippines gained its independence from the United States,
the Filipino people ratified the 1935 Constitution on May 14, 1935. 119
One of the primary objectives of the framers of the 1935 Constitution
was to guarantee "the nationalization and conservation of the natural
resources of the country." 120 They considered it to be of great importance to
ensure that the State's power of control, over the natural resources. was
recognized and established.
By this reason, the delegates to the
Constitutional Convention adopted and incorporated Article XIII, Section 1
in the 1935 Constitution, 121 which states:
SECTION 1. All agricultural, timber, and mineral lands of the
public domain, waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, and other natural resources of the Philippines
belong to the State, and their disposition, exploitation, development, or
utilization shall be limited to citizens of the Philippines, or to corporations
or associations at least sixty per centum of the capital of which is owned
by such citizens, subject to any existing right, grant, lease, or concession at
the time of the inauguration of the Government established under this
Constitution. Natural resources, with the exception of public agricultural
land, shall not be alienated, and no license, concession, or lease for the
exploitation, development, or utilization of any of the natural resources
shall be granted for a period exceeding twenty-five years, except as to
water rights for irrigation, water supply, fisheries, or industrial uses other
than the development of water power, in which cases beneficial use may
be the measure and the limit of the grant.
Article XIV, Section 8 of the 1973 Constitution echoed the same
prov1s10n:
SECTION 8. All lands of the public domain, waters, minerals,
coal, petroleum and other mineral oils, all forces of potential energy,
118
119
120
121
Pres. Decree No. 1073, sec. 4 provides:
SECTION 4. The provisions of Section 48(b) and Section 48(c), Chapter VIII of the Public Land Act
are hereby amended in the sense that these provisions shall apply only to alienable and disposable
lands of the public domain which have been in open, continuous, exclusive and notorious possession
and occupation by the applicant himself or thru his predecessor-in-interest, under a bona fide claim of
acquisition of ownership, since June 12, 1945.
Official
Gazette,
The
Commonwealth
of
the
Philippines,
available
at
<https://www.officialgazette.gov.ph/the-commonwealth-of-the-Philippines/> (last accessed on January
5, 2020).
See J. Puno, Separate Opinion in Cruz v. Secretary of Natural Resources, 400 Phil. 904, 942
(2000)[Per Curiam, En Banc].
Id.
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