NatRes (Atty. Marquez) Prelims Reviewer title.

It does not violate the Regalian

Doctrine.
I. Overview B. Organizational Structure
A. Philippines’ commitment to environmental 1) President – as Chief Executive of the
protection and preservation. Philippines, he holds the main power to
1) Constitutional provisions classify public lands. He can also reserve
 Article I (National Territory) certain lands for specific public purposes. It
 Article II, Section 15 (right to health) is a valid assertion of Regalian Doctrine
 Article II, Section 16 (right to a 2) Secretary of Department of Environment
healthful ecology) and Natural Resources or DENR – the
 Article XII, Section 2 (Regalian executive officer charged with carrying out
Doctrine, small-scale mining, the provisions of PLA. As an alter ego of the
president + foreign-owned) President, his acts shall constitute as acts of
 Article XII, Section 5 (indigenous) the President, unless the President expressed
B. Rules of Procedure his disapproval to the act.
1) SLAPP (Strategic Lawsuit Against 3) Director of Lands – immediate control
Public Participation) – an action filed over public lands. His decisions shall be
against any person, or agency or signed by the Secretary of DENR to take
instrumentality of the Government enforcing effect.
rights and obligation under Environmental
Laws, with the intent to harass or vex.
2) Writ of Kalikasan – authorizes the court ,
where the violation or threatened violation
results in destruction or damage of such
magnitude as to impair or to deprive the right
of the people to a balanced and healthful
ecology
3) Precautionary Principle – guide of the
judges in deciding cases involving violations
of environmental laws. It is where full
scientific certainty shall not be required of
the party alleging environmental damage
C. Cases
1) Oposa vs. Factoran – right to a balanced
and healthful ecology belongs to a different
category of rights.
2) MMDA vs. Concerned Citizens of Manila
Bay – MMDA can be compelled by
mandamus to clean and rehabilitate Manila
Bay to preserve the water quality to the ideal
level
II. Public Land Act (PLA)
A. Regalian Doctrine – all lands of the public
domain belong to the State – the source of any
asserted right to ownership of land
1) Except for agricultural lands, natural
resources cannot be alienated
2) Indigenous Peoples Rights Act or IPRA
Law – recognizes the ownership of
indigenous peoples over their ancestral lands
and ancestral domains on the basis of native