04/02/2020
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coasts, to the full width recognized by international law. The state
provides for and regulates the police supervision and the uses of this zone
as well as the right of refuge and immunity therein, in accordance with
law and international treaties.
With respect to forests, there are references made regarding State-ownership of
forest lands in Supreme Court decisions (See Director of Forestry vs. Munoz, 23
SCRA 1183, 1198-1199 [1968]; Director of Lands vs. Abanzado, 65 SCRA 5, 11
[1975]; Mapa vs. Insular Government, 10 Phil. 175, 184 [1908]; Montano vs.
Insular Government, 12 Phil 572, 584 [1909]).
The State's ownership over natural resources was embodied in the 1935, 1973 and
1987 Constitutions. Section 1, Article XII of the 1935 Constitution declared:
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, or utilization of any of the natural resources shall be granted
for a period exceeding twenty-five years, renewable for another 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.
Section 8, Article XIV of the 1973 Constitution provided:
All lands of the public domain, waters, minerals, coal, petroleum and
other mineral oils, all forces of potential energy, fisheries, wildlife, and
other natural resources of the Philippines belong to the State. With the
exception of agricultural, industrial or commercial, residential, and
resettlement lands of the public domain, natural resources shall not be
alienated, and no license, concession, or lease for the exploration,
development, exploitation, or utilization of any of the natural resources
shall be granted for a period exceeding twenty-five years, renewable for
not more than 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 limit
of the grant.
[133] NOBLEJAS, PHILIPPINE LAW ON NATURAL RESOURCES 1961 Revised Ed., p. 6
[134] See LAUREL (ED.), PROCEEDINGS OF THE PHILIPPINE CONSTITUTIONAL
CONVENTION, VOL. VI, pp. 494-495.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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