04/02/2020
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authority over land use, development, utilization, disposition and exploitation of
natural resources within the Bangsamoro Homeland.[38] In doing so, respondents in
effect surrendered to the BJE ownership and gave it full control and supervision over
the exploration, development, utilization over the natural resources which belong to
the State. This is in clear contravention of the Regalian Doctrine now expressed
under Article XII, Section 2 of the 1987 Constitution, thus:
All lands of the public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned
by the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and
supervision of the State. The State may directly undertake such activities,
or it may enter into co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and under such terms
and conditions as may be provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial uses other than the
development of water power, beneficial use may be the measure and limit
of the grant.
The State shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its use
and enjoyment exclusively to Filipino citizens.
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 fish-workers in rivers, lakes, bays,
and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for largescale exploration, development, and utilization of minerals, petroleum,
and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State shall
promote the development and use of local scientific and technical
resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
Fifth . The MOA-AD also grants to the BJE powers to enter into any economic
cooperation and trade relations with foreign countries. It compels the Republic of the
Philippines to ensure the BJE's participation in international meetings and events,
participation in Philippine official missions and delegations engaged in the
negotiation of, among others, border agreements, sharing of incomes and revenues.
[39] Thus, by assenting to install an intra sovereign political subdivision independent
of the single sovereign state that is the Republic of the Philippines, respondents
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