04/02/2020
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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.
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."[223]
All lands of the public domain and all natural resources-- 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. The Constitution provides that in the exploration, development and
utilization of these natural resources, the State exercises full control and
supervision, and may undertake the same in four (4) modes:
1. The State may directly undertake such activities; or
2. The State may enter into co-production, joint venture or productionsharing agreements with Filipino citizens or qualified corporations;
3. Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens;
4. For the large-scale exploration, development and utilization of
minerals, petroleum and other mineral oils, the President may enter
into agreements with foreign-owned corporations involving technical
or financial assistance.
As owner of the natural resources, the State is accorded primary power and
responsibility in the exploration, development and utilization of these
natural resources.
The State may directly undertake the exploitation and
development by itself, or, it may allow participation by the private sector through
co-production,[224] joint venture,[225] or production-sharing agreements.[226] These
agreements may be for a period of 25 years, renewable for another 25 years. The
State, through Congress, may allow the small-scale utilization of natural resources
by Filipino citizens. For the large-scale exploration of these resources, specifically
minerals, petroleum and other mineral oils, the State, through the President, may
enter into technical and financial assistance agreements with foreign-owned
corporations.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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