lyndonSticky NoteSec 2 article XII OF THE CONSTITUTION:1. all lands of public domain2. waters3 minerals4 coal5 petroleum and other mineral oils6 all forces of potential energy7 fisheries8 forests or timber9 wildlife10 flora and fauna11 and other natural resources

are owned by the state

lyndonSticky Note1. in military and other govt reservations, except upon prior written clearance by the government agency concerned2. near or under oublic or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon prior written consent by the government agency or private entity concerned3. in areas covered by valid and existing mining rights.4. in areas expressly prohibited by las5. areas covered by small-scale miners as defined by law except upon prior written consent by small-scale miners6. old growth or VIRGIN (paborito ni ardang) forests, proclaimed watershed forest reserves, wilderness area, mangroove forests, mossy forests, national parks, etc kapoy nag type

lyndonSticky Noterefers to mining activities which rely heavily on manual labor using simple implements and methods and do not use explosives or heavy mining equipment

lyndonSticky Notepublic lansa suitable for agricultural purposes can be disposed of only as follows:1 for homestead settlement2 by sale3 by lease4 by confirmation of imperfect or incomplete titles: a) by judicial legalization b) by administrative legalization (free patent)

lyndonSticky Notesec 120 Conveyance and encumbrance made by persons belongingto the so-called "non-Christian Filipinos" or national cultural minorities, whenproper, shall be valid if the person making the conveyance or encumbrance isable to read and can understand the language in which the instrument orconveyance or encumbrances is written. Conveyances and encumbrancesmade by illiterate non-Christians or literate non-Christians where theinstrument of conveyance or encumbrance is in a language not under-stoodby the said literate non-Christians shall not be valid unless duly approved bythe Chairman of the Commission on National Integration.

lyndonSticky Note1. agricultural2. residential, commercial, or other similar productive purposes3. educational, charitable, or other similar purposes4 reservations for town sites and for public and quasi-public uses.

lyndonSticky Noteland reserved for national park is inalienable and cannot be registered. so, too, is land within a protected area under the National Integrated Protected Area System Act, like the herein Mount Hamiguitan Protected Area. Accordingly, it has been held that where a certificate of title covers a portion of land within the area reserved for park purposes, the title should be annulled with respect to said portion.

lyndonSticky NoteYES. Sections 7 and8 of Article XII of the 1987 Constitution, which provides:

Section 7. Save in the case of hereditary succession, no privateland may be transferred or conveyed except to individuals, corporationor association qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of thisArticle, a natural born citizen of the Philippines who has lost hisPhilippine citizenship may be the transferee of private lands subjectto limitations provided by law.

limitations provided by law which in this particular case is Batas Pambansa 185, which limits the acquisition of said alien to one thousand (1,000) square meters in case of urban land or one (1) hectare in case of rural land to be used by them as their residence.

lyndonSticky Notehouse and lot belongs to Lally alone. aliens are prohibited to acquire private land.

Article XII of the 1987 Constitution, which provides:

Section 7. Save in the case of hereditary succession, no privateland may be transferred or conveyed except to individuals, corporationor association qualified to acquire or hold lands of the public domain.

lyndonSticky Notewe have to qualify. section 6 of the Public Land Act classifies lands of public domain into (1) alienable or disposable (2)timber, and (3) mineral lands. if the land being sold is alienable or disposable, then it is valid. if it is timber or mineral land, the sale is invalid.

lyndonSticky Notewala koy sure answer ani. kay walay jurisprudence pa. actually, wala pa ni na resolve nga issue up to now. but mao ni ako e answer:

I would advice the vice mayor not to pursue the said ordinance.

There is no provision in Republic Act 7942 or the Philippine Mining Act of 1995 that prohibits open-pit mining.

under section 12 pf EO 79, s. 2012, the LGUs are hereby directed to ensure that the exercise of the its powers and functions is consistent with and conform to the regulations, decisions, and policies already promulgated and taken by the National Government relating to the conservation, management, development, and proper utilization of the States mineral resources, particularly RA No. 7942 and its implementing rules and regulations, while recognizing the need for social acceptance of proposed mining projects and activities.

LGUs shall confine themselves only to the imposition of reasonable limitations on mining activities conducted within their respective territorial jurisdictions that are consistent with national laws and regulations.

LGUs cannot arbitrarily hide under the cloak of local autonomy or presumption of validity of ordinance to circumvent the law or primordial compliance with the well-entrenched test of valid ordinance, long established by the Supreme Court in various cases.

lyndonSticky Notethe contention of the affected communities is bereft of merit.

Holders of MPSA are also given, among others, easement and water rights as provided in Chapter XII of RA 7942 or the PHIL Mining Act of 1995.

lyndonSticky Note Indigenous Peoples RightsAct1(IPRA) which recognizes indigenous peoples right to self-determinationand provides mechanisms for the protection of indigenous ancestral domainsand all resources therein. The IPRA adopted the concept of free and priorinformed consent (FPIC) as a means to protect indigenous rights andinterests and give them a voice in matters that affect them.

the National Commission on Indigenous Peoples (NCIP) published the revised FPIC rules on May 16, 2012 stating that:

No concession, license, permit or lease, production-sharing agreement,or other undertakings affecting ancestral domains shall be granted orrenewed without going through the process laid down by law and theseGuidelines.

Stipulate clearly that indigenous peoples have the right to develop a resolution of consent or a resolution of non-consent. Both types ofresolutions are adopted by the affected indigenous communities or through their duly authorized elders/leaders and enable communities to express their acceptance or refusal to accept the proposed plan, program, project or activity. In the case of a refusal to accept, the nonconsent resolution must also document the reasons for the refusal.

lyndonSticky NoteSec 2 art XII of the constitution provides that all mineral resources are owned by the state and their exploration, development and utilization (EDU) must always be subject to the full control and supervision of the state. However, given the inadequacy of filipino capital and technology in large-scale EDU activities, the state may secure the help of foreign companies in all relevant matters- especially financial and technical assistance - provided that, at all times, the state maintains its right of full control.