Scribd
Upload
90 views2 pages

June 30 Discussion

This document discusses several international agreements on the environment and principles of maritime law, including the archipelagic doctrine and regalian doctrine. It also covers the classification of Philippine lands as public domain or private domain, and how land may be transferred or leased. Key administrative law concepts like primary jurisdiction, exhaustion of remedies, and exceptions are defined. The document provides an overview of environmental rules of procedure and relevant cases on land classification.

Uploaded by

Lala Pastelle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
90 views2 pages

June 30 Discussion

This document discusses several international agreements on the environment and principles of maritime law, including the archipelagic doctrine and regalian doctrine. It also covers the classification of Philippine lands as public domain or private domain, and how land may be transferred or leased. Key administrative law concepts like primary jurisdiction, exhaustion of remedies, and exceptions are defined. The document provides an overview of environmental rules of procedure and relevant cases on land classification.

Uploaded by

Lala Pastelle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Discussion 6/30/19  Imperium: the state has supreme

control over the land


International Agreements  Cruz v Secretary of Natural
 1972 Stockholm Declaration Resources GR 135385 Dec 6,
 19 ??? o IPRA constitutionality
 Kyoto Protocol o Native Title
 UNCLOS
 Vienna Convention – ozone layer Primary Jurisdiction
`  Villaflor v Dir of Lands
Archipelagic Doctrine: The waters around, o The Courts will not resolve a
between and connecting the Philippines, controversy that is well within
regardless of breadth. the jurisdiction of an
administrative agency,
Regalian Doctrine: especially when it
demands… technical
Contiguous Zone: 24 NM from baseline expertise.
 Protect Customs and
 Sanitation Exhaustion of Administrative Remedies
 The court’s action cannot prosper
Exclusive Economic Zone: 200 NM until all the remedies has been
 Not part of territory exhausted at the administrative
 Just have sovereign rights to level.
EXPLOIT the resources  Exceptions:
1. Violation of Due Process
“The President MAY enter into agreement” 2. When the issue involved is a
purely legal question
Salient Features for Rules of Procedure 3. Patent illegal amounting to
for Envi cases lack or excess of JD.
Effective: Apr 29, 2010 4. When there is estoppel:
when you have actively taken
1. Locus standi: part of the proceeding.
a. Precautionary Principle: 5. Irreparable Injury
b. Writ of Kalikasan 6. Respondent is a Department
i. Reserve, Rehabilitate Secretary: since he is an
the Environment ALTER EGO of the
President, thus,
CA 141 7. When unreasonable
Enacted: Nov. 7, 1986 8. Private lands
Applies to public lands, 9. ?
10. When the rule does not
 Only agricultural lands can be Plain, Speedy, Adequate
disposed. remedy.
 Disposal shall be under the full 11. When there are
control of the state circumstances ?
 Dominion: capacity to own or
acquire land
Classification of Lands
carminotes Page 1|2
 Public Domain: for Public Use
o Alienable
o Inalienable
 Private Domain

Classification of Lands: Sec 3 Art XII


 Agri
o Alienable Land
o Private Corpo only LEASE,
25 years renewable for 25.
o Sec 6 CA 141: the
prerogative of classifying of
the Public Domain belongs to
the Executive Branch of the
Govt
o Sec DENR v Yap GR 167707
Oct 8, 2008
 Forest/Timber
 Mineral
 Natural Park

How land may be transferred


1. Homestead settlement
2. Sale
3. Lease
4. Confirmation of perfect or
incomplete title

The ff cannot be subject to legislation(?)


1. Public Dominion
2. ???

Ang.. v Govt Phil Islands, Aug 23, 1993

carminotes Page 2|2

You might also like