04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
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 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, 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."
The concept was carried over in the 1973 and the 1987 Constitutions.
Sections 8 and 9, Article XIV of the 1973 Constitution, state:
Hence,
"SEC. 8. 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, 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 the
limit of the grant.
SEC. 9.
The disposition, exploration, development, exploitation, or
utilization of any of the natural resources of the Philippines 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.
The National Assembly, in the national interest, may allow such citizens,
corporations, or associations to enter into service contracts for financial,
technical, management, or other forms of assistance with any foreign
person or entity for the exploration, development, exploitation, or
utilization of any of the natural resources. Existing valid and binding
service contracts for financial, technical, management, or other forms of
assistance are hereby recognized as such."
Similarly, Section 2, Article XII of the 1987 Constitution, provides:
"SEC. 2.
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,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
136/148
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents