04/02/2020
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[146] Third paragraph, Section 2, Article XII, Constitution -
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.
[147] Section 6, Article XIII, Constitution -
The State shall apply the principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in the disposition and
utilization of other natural resources, including lands of the public domain
under lease or concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of the indigenous
communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own
agricultural estates which shall be distributed to them in the manner
provided by law.
[148] Section 7, Article XIII, Constitution -
The State shall protect the rights of subsistence fishermen, especially of
local communities, to the preferential use of the communal marine and
fishing resources, both inland and offshore. It shall provide support to
such fishermen through appropriate technology and research, adequate
financial, production, and marketing assistance, and other services. The
State shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a just share
from their labor in the utilization of marine and fishing resources.
[149] Bower v. Big Horn Canal Assn. (Wyo) 307 P2d 593, cited in 16 Am Jur 2d
Constitutional Law, § 100.
[150] Republic Act No. 7076 (the Small-Scale Mining Act of 1991), Republic Act No.
7942 (the Philippine Mining Act of 1995).
[151] Section 3(b) of R.A. 7076 defines "small-scale mining" as referring to mining
activities which rely heavily on manual labor using simple implements and methods
and do not use explosives or heavy mining equipment.
[152] Section 7, R.A. 7076 provides:
Ancestral lands. - No ancestral land may be declared as a people's smallscale mining area without the prior consent of the cultural communities
concerned: Provided, That, if ancestral lands are declared as peole's
small-scale mining areas, the members of the cultural communities
therein shall be given priority for the awarding of a people's small-scale
mining contract.
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