Public Land Act (C.A. No.

141)

Governed the disposition of lands of the public domain

> Prescribed rules and regulation of the homesteading,
selling and leasing of portions of the public domain, and
prescribed the terms and conditions to enable persons to
perfect their titles to public lands in the Philippines
> Also provided for the issuance of patents to certain native
settlers upon public lands for the establishment of town sites
and sale of lots therein, for the completion of imperfect titles
and for the cancellation or confirmation of Spanish
concessions and grants in the islands
> The second Public Land Act was more comprehensive in
scope but limited the exploitation of agricultural lands

ACT 926

The Public Land Act operated on the assumption that title to public
lands in the Philippine Islands remained in the government; and that the
governments title to public land sprung from the Treaty of Paris and
other subsequent treaties between Spain and the United States.

COMMONWEALTH ACT 141

OTHERWISE KNOWN AS THE PUBLIC LAND ACT AS

AMENDED IS THE GENERAL LAW GOVERNING THE
CLASSIFICATION, DELIMITATION, SURVEYING AND
DISPOSITION OF ALIENABLE LANDS OF THE PUBLIC
DOMAIN.

AN ACT TO AMEND and COMPILE THE LAWS RELATIVE TO

LANDS OF THE PUBLIC DOMAIN

SECTION 2. The provisions of this Act shall apply to the lands of the
public domain; but timber and mineral lands shall be governed by
special laws and nothing in this Act provided shall be understood or
construed to change or modify the administration and disposition of
the lands commonly called "friar lands'' and those which, being
privately owned, have reverted to or become the property of the
Commonwealth of the Philippines, which administration and
disposition shall be governed by the laws at present in force or which
may hereafter be enacted.

classify the lands of the public domain into

(a) Alienable or disposable;

(b) Timber, and

(c) Mineral lands,

SECTION 9. For the purpose of their administration and disposition, the lands of the

public domain alienable or open to disposition shall be classified, according to the use or

purposes to which such lands are destined, as follows:

(a) Agricultural

(b) Residential commercial industrial or for similar productive purposes

(c) Educational, charitable, or other similar purposes

(d) Reservations for town sites and for public and quasi-public uses.

SECTION 11. Public lands suitable for agricultural purposes can be disposed of only

as follows, and not otherwise:

(1) For homestead settlement

(2)By sale

(3) By lease

(4) By confirmation of imperfect or incomplete titles:

(a) By judicial legalization

(b) By administrative legalization (free patent).

 The Phil. Mining Act of 1995 (R.A. 7942)

The Philippine Mining Act of 1995 and its Revised Implementing Rules and Regulations (RIRR) is
considered in the

industry today as one of the most socially and environmentally-sensitive legislations in its class.
It has specific

provisions that take into consideration:

Local government empowerment;

Respect and concern for the indigenous cultural communities;

Equitable sharing of benefits of natural wealth;

Economic demands of present generation while providing the necessary foundation for future
generations;

Worldwide trend towards globalization; and

Protection for and wise management of the environment.

These were the products of long periods of assessment, evaluation, and rectification of the sins
of the past, the gaps of the old mining law, and the realities of the present times.

GOVERNING PRINCIPLES

The Implementing Rules and Regulations (DENR Administrative Order No.96-40) of the
Philippine Mining Act of 1995 provides strict adherence to the principle of SUSTAINABLE
DEVELOPMENT. This strategy mandates that the needs of the present should be met without
compromising the ability of the future generations to meet their own needs, with the view of
improving the quality of life, both now and in the future. Sustainable development provides that
the use of mineral wealth shall be pro-people and pro-environment in sustaining wealth
creation and improve quality of life.

The principles of SUSTAINABLE MINING operates under the following terms:

Mining is a temporary land use for the creation of wealth, leading to an optimum land use in
post-mining stage as consequence of progressive and engineered mine rehabilitation works
done in cycle with mining operations;

Mining activities must always be guided by current Best Practices in environmental

management committed to reducing the impacts of mining while efficiently and effectively
protecting the environment.

The wealth created as a result of mining accruing to the Government and the community
should lead to other wealth-generating opportunities for people in the communities and for
other environment-responsible endeavors.

Mining activities shall be undertaken with due and equal regard for economic and
environmental considerations, as well as for health, safety, social and cultural concerns.
 Conservation of minerals is effected not only through technological efficiencies of mining
operations but also through the recycling of mineral-based products, to effectively lengthen the
usable life of mineral commodities.

The granting of mining rights shall harmonize existing activities, policies and programs of the
Government that directly or indirectly promote self-reliance, development and resource
management. Activities, policies and programs that promote community-based, community-
oriented and procedural development shall be encouraged, consistent with the principles of
people empowerment and grassroots development.

AN ACT CREATING A PEOPLE'S SMALL-SCALE MINING PROGRAM AND FOR OTHER

PURPOSES (RA 7076)

Undeniably the Philippines is endowed with large deposits of

minerals like gold silver, cobalt, copper and the like. With these
natural endowments, the exploitation of minerals contributes
largely to the growth of the national economy. But these
mining operations have adverse effects on the ecological
balance. The large-scale extraction and usage of mineral
resources are inherently and essentially polluting. They consist
of the excavation and permanent removal of the minerals from
their deposited positions, and thereafter their burning fuel or
other utilization. From the stage of exploration to extraction,
mining has consistently inflicted some degree of damage to the
environment either through the pollution of rivers and seabeds,
the acidification of agricultural plains or the unwanted pollution
it creates. These negative environmental effects are the
externalities which arise out of the profit-oriented decisions of
mining firms. It is through the use of the regulatory powers of
the State that the private sector is compelled to shoulder the
costs of these externalities.

It is for these reasons that mining legislation was enacted

to oblige environmental protection measures to be undertaken
by mining operators. One of this laws enacted by our esteemed
legislators is Republic Act No. 7076 (1991), Peoples Small-
Scale Mining Act.

OVERVIEW OF THE LAW

Republic Act No. 7076 (1991), otherwise known as the

Peoples Small-Scale Mining Act defines small-scale mining as
minimum activities which rely heavily on manual labor using
simple implements and methods, and which do not use
explosives or heavy mining equipment. The main purpose of
the law is: (1) To effect an orderly and systematic disposition of
 small-scale mining areas in the country; (2) To regulate the
small-scale mining industry with the view to encourage their
growth and productivity; and (3) To provide technical, financial
and marketing assistance and efficient collection of government
revenues. Through this law, the harmful effects of the classic
trade-off between development and environment could be
minimized if not totally avoided. This law was authored by
Senator Aquilino Pimentel Jr.
With Republic Act 7076 it allows small miners under this law to
use only simple equipments like pick and shovel in extracting
gold and other precious metals in their mining areas. In this
age of modern technology, this law is making sure that the
small mining law should benefit the small miners and not only
the big-time operators who are using the skills and sweat of
small-scale miners to accumulate a fortune.

Under RA 7076, no ancestral land may be declared as a

peoples small scale mining area without the prior consent of
the cultural communities concerned. This respects the rights of
the indigenous peoples to their ancestral lands which are fully
guaranteed under existing laws. The law defines small miners
as Filipino citizens who, individually or in tandem with others,
voluntarily form a cooperative, duly licensed by the Department
of Environment and Natural Resources, to engage in the
extraction or removal of minerals or ore-bearing materials from
the ground.

HIGHLIGHTS

Its implementing rules lay down the powers and

functions of the Department of Environment and Natural
Resources, the Provincial/City Mining Regulatory Board and in
coordination with other concerned government agencies. The
DENR together with the other concerned government agencies
is designed to achieve an orderly, systematic and rational
scheme for the small-scale development and utilization of
mineral resources in certain mineral areas in order to address
the social, economic, technical, and environmental connected
with small-scale mining activities.

While the Provincial/City Mining Regulatory Board (PCMRB)

created under the direct supervision and control of the
Secretary which is the board of PCMRB, is the implementing
agency of the Department of Environment and Natural
 Resources which has the powers and function subject to review
by the Secretary.

PROHIBITED ACTS

Awarded contracts may canceled on the following grounds:

1. Non-Compliance with the terms and conditions of the
contract and that of existing mining laws, rules and regulations
including those pertaining to mine safety, environmental
protection and conservation, tree cutting, mineral processing
and pollution control;
2. Non.-compliance with the contractor's obligations to existing
mining claim holders/private landowners as stipulated in
Section 13, 17 and 18 of this Order;
3. Non-payment of fees, taxes, royalties or government share
in accordance with this Order and existing mining laws;
4. Abandonment of mining site by the contractor; and
5. Ejectment from the People's Small-scale Mining Area of the
Contractor by the government for reasons of national interest
and security.

PENALTIES/FINES
When contracts are canceled for grounds from the
abovementioned, the Secretary may impose fines of an amount
not less than Twenty Thousand Pesos (P20, 000.00) but not
more than One Hundred Thousand Pesos (P100, 000.00). Non-
payment of the fine imposed shall render the small-scale
mining contractor ineligible for other small-scale mining
contracts.

The Petroleum Act of 1949 (R.A. 387)

June 18, 1949

REPUBLIC ACT NO. 387

AN ACT TO PROMOTE THE EXPLORATION, DEVELOPMENT, EXPLOITATION,

AND UTILIZATION OF THE PETROLEUM RESOURCES OF THE PHILIPPINES;

TO ENCOURAGE THE CONSERVATION OF SUCH PETROLEUM RESOURCES;

TO AUTHORIZE THE SECRETARY OF AGRICULTURE AND NATURAL

RESOURCES TO CREATE AN ADMINISTRATION UNIT AND A TECHNICAL

BOARD IN THE BUREAU OF MINES; TO APPROPRIATE FUNDS THEREFOR;

AND FOR OTHER PURPOSES

 CHAPTER I GENERAL PROVISIONS

ARTICLE 2. Definition of terms. When used in this Act, the following terms

shall, unless the context otherwise indicates, have the following respective meanings:

(a) "Petroleum" shall include any mineral oil, hydrocarbon gas, bitumen, asphalt,

mineral wax, and all other similar or naturally associated substances; with the exception

of coal, peat, bituminous shale, and/or other stratified mineral fuel deposits.

(b) "Crude oil" means oil in its natural state before the same has been refined or

otherwise treated, but excluding water and foreign substances.

(c) "Natural gas" means gas obtained from boreholes and wells and consisting

primarily of hydrocarbon.

ARTICLE 3. State ownership. All natural deposits or occurrences of

petroleum or natural gas in public and/or private lands in the Philippines, whether found

in, on or under the surface of dry lands, creeks, rivers, lakes, or other submerged lands

within the territorial waters or on the continental shelf, or its analogue in an archipelago,

seaward from the shores of the Philippines which are not within the territories of other

countries, belong to the State, inalienably and imprescriptibly.

PRESIDENTIAL DECREE No. 782 August 25, 1975

PLACING UNDER A SINGLE GOVERNMENTAL AUTHORITY ALL ACTIVITIES

RELATING TO THE DISCOVERY, DEVELOPMENT AND PRODUCTION OF INDIGENOUS
PETROLEUM RESOURCES

WHEREAS, it is the declared policy of the state to hasten the discovery, development and
production of indigenous petroleum through the utilization of government and/or private
resources, local and foreign, under arrangements embodied in Presidential Decree No. 87,
as amended, which will yield maximum benefit to the Filipino people and revenues to the
Philippine government for use in the furtherance of national economic development, and to
assure fair returns to participating enterprises, particularly those that will provide the
necessary services, financing and technology, and fully assume all exploration risks;
WHEREAS, it is essential in the interest of efficiency, economy and maximization of efforts in
carrying out the foregoing national policy to integrate and coordinate in a single
governmental body the functions, responsibilities and regulatory powers of the various
agencies pertaining to oil exploration and development;
WHEREAS, a large portion of the country's total land area that has been delineated for
petroleum exploration purposes is covered by either subsisting petroleum exploration
concessions or published concession applications under the Petroleum Act of 1949; as
amended;
WHEREAS, Article XVIII, Section 12 of the Constitution of the Philippines provides in part
that when the national interest so requires, the incumbent President of the Philippines or the
interim Prime Minister may review all contracts, concessions, permits or other forms of
 privileges for the exploration, development, exploitation or utilization of natural resources
entered into, granted, issued, or acquired before the ratification of the Constitution;

The Coal Land Act and P.D. 972

Revised Forestry Code (P.D. 389 & 705)

PRESIDENTIAL DECREE NO. 705

[As amended by P.D. No. 1559, P.D. No. 865, P.D. No. 1775, Batas Pambansa (B.P.) Blg. 701, B.P. Blg. 83,
Republic

Act (R.A.) No. 7161, Executive Order (E.O.) No. 277 and 83 O.G. No. 31]

REVISED FORESTRY CODE

[REVISING PRESIDENTIAL DECREE NO. 389,

OTHERWISE KNOWN AS

THE FORESTRY REFORM CODE OF THE PHILIPPINES]

WHEREAS, proper classification, management and utilization of the lands of the public

domain to maximize their productivity to meet the demands of our increasing population is

urgently needed;

WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of

forest lands and resources before allowing any utilization thereof to optimize the

benefits that can be derived therefrom;

WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but

more so on the protection, rehabilitation and development of forest lands, in order to

ensure the continuity of their productive condition;

WHEREAS, the present laws and regulations governing forest lands are not responsive

enough to support re-oriented government programs, projects and efforts on the proper

classification and delimitation of the lands of the public domain, and the management,

utilization, protection, rehabilitation, and development of forest lands;

Public forest is the mass of lands of the public domain which has not been the

subject of the present system of classification for the determination of which lands

are needed for forest purposes and which are not.

b. Permanent forest or forest reserves refers to those lands of the public domain

which have been the subject of the present system of classification and declared as

not needed for forest purposes.

c. Alienable and disposable lands refer to those lands of the public domain which

have been the subject of the present system of classification and declared as not

needed for forest purposes.

d. Forest lands include the public forest, the permanent forest or forest reserves,

and forest reservations.

e. Grazing land refers to that portion of the public domain which has been set aside,

in view of the suitability of its topography and vegetation, for the raising of

livestock.

f. Mineral lands refer to those lands of the public domain which have been classified

as such by the Secretary of Natural Resources in accordance with prescribed and

approved criteria, guidelines and procedure.

g. Forest reservations refer to forest lands which have been reserved by the

President of the Philippines for any specific purpose or purposes.

h. National park refers to a forest land reservation essentially of primitive or

wilderness character which has been withdrawn from settlement or occupancy and set

aside as such exclusively to preserve the scenery, the natural and historic objects

and the wild animals or plants therein, and to provide enjoyment of these features in

such a manner as will leave them unimpaired for future generations.

i. Game refuge or bird sanctuary refers to a forest land designated for the

protection of game animals, birds and fishes and closed to hunting and fishing in

order that the excess population may flow and restock surrounding areas.

j. Marine park refers to any public offshore area delimited as habitat of rare and

unique species of marine flora and fauna.

k. Seashore park refers to any public shore area delimited for outdoor recreation,

sports fishing, water skiing and related healthful activities.

l. Watershed reservation is a forest land reservation established to protect or

improve the conditions of the water yield thereof or reduce sedimentation.

m. Watershed is a land area drained by a stream or fixed body of water and its

tributaries having a common outlet for surface run-off.

n. Critical watershed is a drainage area of a river system supporting existing and

proposed hydro-electric power, irrigation works or domestic water facilities needing

immediate protection or rehabilitation.

o. Mangrove is a term applied to the type of forest occurring on tidal flat along the

sea coast, extending along stream where the water is brackish.

p. Kaingin refers to a portion of the forest land which is subjected to shifting

and/or permanent slash-and-burn cultivation.

q. Forest product means, timber, pulpwood, firewood, bark, tree top, resin, gum, wood,

oil, honey beeswax, nipa, rattan, or other forest growth such as grass, shrub, and

flowering plant, the associated water, fish, game, scenic, historical, recreational

and geologic resources in forest lands.

r. Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such

as red lauan, tanguile, tiaong, white lauan, almon, bagtikan and mayapis of the

Philippine mahogany, group, apitong and the yakals.

s. Pine forest is a forest type predominantly of pine trees.

t. Industrial tree plantation refers to any forest land extensively planted to tree

crops primarily to supply raw material requirements of existing or proposed wood

processing plants and related industries.

u. Tree farm refers to any small forest land or tract of land purposely planted to

tree crops.

v. Agro-forestry

The Water Code of the Phil (P.D. 1067)

SUMMARY OF THE WATER CODE OF THE PHILIPPINES (PD NO. 1067)

A decree instituting a Water Code, thereby revising and consolidating the

laws governing theownership, appropriation, utilization, exploitation,
development, conservation and protection of water resources

OBJECTIVES OF THE WATER CODE OF THE PHILIPPINES

1. To establish the basic principles and framework relating to

the appropriation, control andconservation of water resources and to achieve
the optimum development and rational utilization of these resources;
 2. To define the extent of the rights and obligations of water users and
owners including the protectionand regulation of such rights;

3. To adopt a basic law regarding the ownership, appropriation,

utilization, exploitation, development,conservation and protection of water
resources and rights to land related thereto; and

4. To identify the administrative agencies which will enforce the Water

Code.

UNDERLYING PRINCIPLES OF THE WATER CODE OF THE

PHILIPPINES

1. All waters belong to the State;

2. All waters that belong to the State cannot be subject to acquisitive

prescription;

3. The State may allow the use or development of waters by administrative

concession;

4. The utilization, exploitation, development, conservation and protection of

water resources shall besubject to the control and regulation of the
government through the Natural Water Resources Council;

5. Preference in the use and development of waters shall consider

current usages and be responsive tothe changing needs of the country.

WATERS as used in the Water Code, refers to water under the ground,
water above the ground,water in the atmosphere and the waters of the sea
within the territorial jurisdiction of the Philippines.

WATERS THAT BELONG TO THE STATE

1. Rivers and their natural beds;

2. Continuous or intermittent waters of springs and brooks running in their

natural beds and the bedsthemselves;

3. Natural lakes and lagoons;

4. All other categories of surface waters such as water flowing over lands,
water from rainfall whethernatural or artificial, and water from agricultural
run-off, seepage and drainage;

5. Atmospheric water;
 6. Subterranean or ground waters; and

7. Seawater.

WATERS FOUND ON PRIVATE LANDS THAT BELONG TO THE

STATE

1. Continuous or intermittent waters rising on such lands;

2. Lakes and lagoons naturally occurring on such lands;

3. Rain water falling on such lands;

4. Subterranean or ground waters; and

5. Waters in swamps and marshes.

ARTICLE 6: The owner of the land where the water is found may use the
same for domestic purposes without securing a permit, provided that such
use shall be registered, when required by the National Water Resources
Council.

I supposed that said council is no longer available. The Council, however,

may regulate such use when there is (1) wastage, or (2) in times of
emergency.

ARTICLE 7: Subject to the provisions of the Water Code, any person who
captures or collects water by means of cisterns, tanks or pools shall have
exclusive control over such water and the right to dispose of the same

Fisheries Code of 1998 (R.A. 8550)

Republic Act No. 8550, cited as "The Philippine Fisheries Code of 1998" aims to
improve the productivity of the country's fishery sector and provide conservation and
protection to aquatic resources. It's main objectives include the following:

Conservation, protection and sustained management of the country's fishery and

aquatic resources;
Poverty alleviation and the provision of supplementary livelihood among municipal
fisherfolk;
Improvement of productivity of aquaculture within ecological limits;
Optimal utilization of off-shore and deep-sea resources; and
Upgrading of post-harvest technology.

The provisions of the code will be enforced to (1) all Philippine waters, (2) all aquatic
and fishery resources including inland, coastal and offshore fishing areas, and (3) all
lands devoted aquaculture businesses whether private or public lands.
 The Philippines is the 11th top fishing nation in the
world (Fig. 1, Table 1). This annual fisheries yield is
estimated to be worth around US$2.5 billion (estimated
at around 4.3% of gross domestic product) (Barut et
al. 1997). Annual harvest is around 1.67 million tons
from capture fisheries, the estimated value of which
was around US$578 million in 1994 (US$1 =
PhP23.75). This contributed to around 62% of annual
total fisheries catch, with the rest covered by
aquaculture and inland fisheries. Towards the early
1990s, a decline has been observed in the municipal
fisheries (i.e., small-scale capture fisheries from less
than 3 gross ton boats). The decline has been offset
by commercial fisheries (i.e., capture fisheries from
more than 3 gross ton boats).

IPRA (R.A. 8371)

Indigenous People's Rights Act of 1997 (IPRA) (RA 8371) is a legislation that recognize
and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples of
the Philippines.

Year 1909, in the case of Carino vs. Insular Government, the court has recognized long
occupancy of land by an indigenous member of the cultural communities as one of
private ownership, which, in legal concept, is termed "native title". This case paved the
way for the government to review the so-called "native title" or "private right." In the year
1919, the Second Public Land Act was enacted, recognizing the right of ownership of
any native of the country who, since July 4, 1907, or prior thereto, has continuously
occupied and cultivated, either by himself or through his predecessors-in-interest, a
tract of agricultural public land.[1]
In 1936, Commonwealth Act No.141, amended by R.A. 3872 of 1964, was passed
which provides that members of the national cultural minorities who have resided on
agricultural, public land since July 4, 1955 are entitled to recognition of ownership
whether or not the land has been certified as "disposable." They shall be conclusively
presumed to have performed all conditions essential to a government grant and shall be
entitled to a certificate of title.[2]
In the 1970s, the laws protecting indigenous people's lands expanded to territorial and
bigger domains. Under Bureau of Forestry Administrative Order No. 11 of 1970, all
forest concessions were made subject to the private rights of cultural minorities within
the area as evidenced by their occupation existing at the time a license is issued by the
government. The Revised Forestry Code of 1975 (Presidential Decree 705 under
President Marcos) defines this "private right" of as "places of abode and worship, burial
grounds and old clearings."[3]
In 1978, the Presidential Arm for National Minorities (PANAMIN) was authorized to
design, implement and maintain settlements among the National Minorities. Prior to this,
a Presidential Decree was issued in 1974, "declaring all agricultural lands occupied and
cultivated by members of the national Cultural Communities since 1964 as alienable
and disposable, except the islands of Panay and Negros and the provinces of Abra,
Quezon, Benguet and Camarines which became effective on March 11, 1984."[2]
The most recent laws before the Indigenous People's Rights Act of 1997 was passed
which recognize the existence of ancestral land right are the Organic Act
of Autonomous Region in Muslim Mindanao (RA 6734, 1989), and the Organic Act for
the Cordillera Autonomous Region (RA 6766, 1989).[2]

"The Philippines is a culturally diverse country with an estimated 14- 17 million

Indigenous Peoples (IPs) belonging to 110 ethno-linguistic groups. They are
mainly concentrated in Northern Luzon (Cordillera Administrative Region, 33%)
and Mindanao (61%), with some groups in the Visayas area (as of 2013)." term
indigenous people as used to reflect the contemporary international language
which was formally adopted in 1993.

The 1997 IPRA Law defines ancestral domains as "areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and natural resources held under a claim of
ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors,
communally or individually since time immemorial, continuously to the present even when
interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered into by government and private
individuals or corporations, and which are necessary to ensure their economic, social and cultural
welfare. It shall include forests, pastures, residential, agricultural and other lands individually owned
whether alienable and disposable otherwise, hunting grounds, burial rounds, worship areas, bodies
of water, mineral and other natural resources and lands which may no longer be exclusively
occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and
traditional activities, particularly the home ranges of ICCs and IPs who are still nomadic and or
shifting cultivators."[5]

Ancestral domains include the spiritual and cultural bonds to the areas which the ICCs/IPs possess,
occupy and use and to which they have claims of ownership (inherited from ancestors). This
generally refer to areas which they have possessed at a period of time when as far back as memory
can go. Proofs of time immemorial possession main may include testimony of elders, historical
accounts, anthropological or ethnographic studies, names of places, using dialect or language of
indigenous peoples, genealogy, treaties or pacts, between or among indigenous peoples and or
other populations.[2]

Ancestral Lands
Ancestral lands, as stated in the law, refer to "lands occupied, possessed and utilized by individuals,
families and clans who are members of the ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or traditional group ownership,
continuously, to the present even when interrupted by war, force majeure or displacement by force,
deceit, stealth or as a consequence of government projects, and other voluntary dealings entered
into by government and private individuals/corporations, including, but not limited to residential lots,
rice terraces or paddies, private forests, swidden farms and tree lots."[5]

Ancestral land owners are given the right to transfer these ancestral lands and the right to redeem
ancestral lands lost through vitiated consent. This is different with ancestral domains in a sense that
this specifically refers to the land while the domain may include land, water, and aerial territories.

Key Provision in IPRA

Right of Empowerment and Self Governance[edit]

SECTION 13. Self-Governance. The State recognizes the inherent right of ICCs/IPs to self-
governance and self-determination and respects the integrity of their values, practices and
institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their
economic, social and cultural development.

SECTION 14. Support for Autonomous Regions. The State shall continue to strengthen and
support the autonomous regions created under the Constitution as they may require or need. The
State shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the
Cordilleras to use the form and content of their ways of life as may be compatible with the
fundamental rights defined in the Constitution of the Republic of the Philippines and other
internationally recognized human rights.

SECTION 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes.
The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict
resolution institutions, peace building processes or mechanisms and other customary laws and
practices within their respective communities and as may be compatible with the national legal
system and with internationally recognized human rights.

SECTION 16. Right to Participate in Decision-Making. ICCs/IPs have the right to participate fully,
if they so choose, at all levels of decision-making in matters which may affect their rights, lives and
destinies through procedures determined by them as well as to maintain and develop their own
indigenous political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given
mandatory representation in policy-making bodies and other local legislative councils.

SECTION 17. Right to Determine and Decide Priorities for Development. The ICCs/IPs shall have
the right to determine and decide their own priorities for development affecting their lives, beliefs,
institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the
formulation, implementation and evaluation of policies, plans and programs for national, regional and
local development which may directly affect them.

SECTION 18. Tribal Barangays. The ICCs/IPs living in contiguous areas or communities where
they form the predominant population but which are located in municipalities, provinces or cities
where they do not constitute the majority of the population, may form or constitute a separate
barangay in accordance with the Local Government Code on the creation of tribal barangays.
SECTION 19. Role of Peoples Organizations. The State shall recognize and respect the role of
independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate
and collective interests and aspirations through peaceful and lawful means.

SECTION 20. Means for Development/Empowerment of ICCs/IPs. The Government shall

establish the means for the full development/empowerment of the ICCs/IPs own institutions and
initiatives and, where necessary, provide the resources needed therefore.[6]

Rights to Ancestral Domain[edit]

Chapter III, section 7 of the Republic Act No. 8371 of 1997 covers the 8 Rights to Ancestral Domain.
This chapter focuses on the identification and protection of the entitlement of the Indigenous Cultural
Communities (ICC), and the Indigenous Peoples (IPs) as the proper owners of their ancestral land.
The following rights are listed below:

This was implemented in order to stop the historical injustices experienced by the IPs. Despite the
implementation of the law since the year 1997, the IPs of the Philippines still persistently experience
injustices. The IPs are struggling fighting for their rights because they feel like the government has
continued to neglect them.

The main criticism concerning R.A. 8371 is that it is ambiguous. One of the issues it encountered
was that it is inconsistent and conflicting with the Philippines constitution (2).

This has become the case because of the doctrine of jura regalia, which means that "all lands of the
public domain belong to the state" (2). The next problem encountered was that the ancestral domain
rights legal characterisation as "private but communal" differentiated from the Philippines civil law's
idea of co-ownership of real property. This meant that areas in ancestral domains is shared by the
members of the community, but that does not mean that they are considered as co-owners of the
said property according to the New Civil Code (2).

Section 57 of chapter VIII of the Republic Act No. 8371 of 1997 which states that:

Natural resources within Ancestral Domains - The ICCs/IPs shall have priority rights in the
harvesting, extraction, development or exploitation of any natural resources within the ancestral
domain. A non-member of ICCs/IPs concerned may be allowed to take part in the development and
utilization of the natural resources for a period of not exceeding twenty-five (25) years: provided, that
a formal and written agreement is entered into with the ICCs/IPs concerned or that the community,
pursuant to its own decision making process, has agreed to allow such operation: provided, finally,
that the NCIP may exercise visitorial powers and take appropriate action to safeguard the rights of
ICCs/IPs under the same contract (1).

is also viewed as problematic (2) because being given

the right to be prioritised in terms of development, exploitation, extraction, or harvesting of natural

resources belonging in ancestral domains does not necessarily mean that an IP member is given the
right of ownership of the said natural resources (3). Section 57 does not really reject the jura regalia,
also known as the Regalian Doctrine or the Doctrine of Discipline expressed in the 1935, 1973, and
1987 Philippine Constitutions (4). According to the constitutions mentioned, the Regalian Doctrine
expresses that "all lands of the public domain, as well as all natural resources enumerated therein,
whether private or public land, belong to the State." (4). Most argue that the IPRA is flawed because
it violates this (4). Instead of protecting the rights of the IPs, Section 57 strengthens argument that all
natural resources found in ancestral domains belong to the State (3).
Social Justice and Human Rights[edit]
This chapter in the IPRA was written to recognize the indigenous people right to the same privileges
and protections also afforded by the State to its citizens. The law reemphasizes that all ICC/IPs are
legally entitled to fundamental universal human rights and that the State should actively create an
inclusive environment with this in mind. Among these rights include;

Equal Protection and Non-discrimination of ICCs/IPs

Rights During Armed Conflict
Freedom from Discrimination and Right to Equal Opportunity[edit]
Unlawful Acts Pertaining to Employment

The Ecological Solid Waste Management Act [Republic Act No. 9003]

MANAGING OUR SOLID WASTE: AN OVERVIEW OF

THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT

Much had been written about the worsening problem of solid waste in
Metro Manila and other urban centers in the country. Even more were
fora, seminars and conferences conducted to discuss ways of solving
the problem. For how long would it take us to attain a zero waste
economy, no one knows. But, one thing is sure - time is running out
and WE need to act NOW!

Why WE?
The answer is simple, but at the same time, mind-boggling. Lets take
a look at the statistics of Metro Manilas solid waste. Based on
studies made by the National Solid Waste Management Commission
Secretariat based at the Environmental Management Bureau (EMB),
it is estimated that the per capita waste production daily is 0.5 kg.
This means that for every person living in the metropolis, he or she
generates half a kilo of waste a day. With an estimated population of
10.5 million, total waste generated in Metro Manila alone could run up
to 5,250 metric tons per day. Or, 162,750 metric tons per month. Or,
1.95 million metric tons per year. Definitely, thats a lot of waste to
speak of.

Next, lets talk about how our daily waste is being disposed of. Again,
based on the EMB study, only about 73% of the 5,250 metric tons of
waste generated daily are collected by dump trucks hired by our
respective local government units. That is assuming our LGUs are
faithful to their duties to us, taxpayers. The remaining 27% of our
daily waste or about 1,417.5 metric tons end up in canals, vacant
spaces, street corners, market places, rivers and other places where,
 ironically, theres a sign that reads HUWAG MAGTAPON NG
BASURA DITO. ANG MAHULI, BUGBOG SARADO!

That explains why WE need to act. As part of the problem, because

we produce garbage ourselves, we can also be part of the solution by
reducing our contribution to the waste problem.

Why NOW?
Because at the rate we are producing waste, we will soon find
ourselves buried in our own trash. Or, shall we say, we will soon be
having more of our human-made mountains of garbage amidst us?

The tragedy that has befallen the residents of Payatas dump site in
Quezon City, when its mountain of garbage slid down, burying in its
course not a few garbage pickers, should strengthen our resolve to
do something about our wasteful lifestyles.

Second, talks about landfill, as an alternative engineering solution to

the garbage problem for the so-called residual waste, is fine. But
where to site the landfill is another thing. For years, negotiations for
landfill for Metro Manilas garbage had elicited not only long debates
among our political leaders but also emotional outbursts from
prospective host communities.

Perhaps the most important reason why we have to act now on the
worsening solid waste problem is their impact on human health.
Health is a basic human right. We all deserve to live in a cleaner
environment. We all desire for a healthy family a healthy
neighborhood a healthy nation. And, the only way to satisfy these
desires is to do away with garbage that breeds flies, roaches, rodents
and harmful bacteria that can spread diseases in our homes and in
our communities.

While there were already efforts in the past to address the problem
head-on, the passage of Republic Act (R.A.) No. 9003, otherwise
known as the Ecological Solid Waste Management Act of 2000,
marked the turning point in the national development agenda for
improved solid waste management and resource conservation.

1. What is R.A. No. 9003?

Republic Act No. 9003 or the Ecological Solid Waste Management
Act provides the legal framework for the countrys systematic,
comprehensive and ecological solid waste management program that
shall ensure protection of public health and the environment. It
underscores, among other things, the need to create the necessary
institutional mechanisms and incentives, as well as imposes penalties
for acts in violation of any of its provisions.
 The implementing rules and regulations of R.A. No. 9003 are
contained in DENR Administrative Order No. 2001-34.

2. What are the salient features of R.A. No. 9003?

a. Creation of the National Solid Waste Management Commission

(NSWMC), the National Ecology Center (NEC) and the Solid Waste
Management Board in every province, city and municipality in the
country. The NSWMC shall be responsible in the formulation of the
National Solid Waste Management Framework and other policies on
solid waste, in overseeing the implementation of solid waste
management plans and the management of the solid waste
management fund. The NEC, on the other hand, shall be responsible
for consulting, information, training and networking services relative
to the implementation of R.A.No. 9003. The Solid Waste
Management Board of provinces, cities and municipalities shall be
responsible for the development of their respective solid waste
management plans.

b. Formulation of the National Solid Waste Management Framework;

10-year solid management plans by local government units
consistent with the National Solid Waste Management Framework;

c. Mandatory segregation of solid waste to be conducted primarily at

the source such as household, institutional, industrial, commercial
and agricultural sources;

d. Setting of minimum requirements to ensure systematic collection

and transport of wastes and the proper protection of the health of
garbage collectors;

e. Establishment of reclamation programs and buy-back centers for

recyclable and toxic materials;

f. Promotion of eco-labeling in local products and services;

g. Prohibition on non-environmentally acceptable products and

packaging;

h. Establishment of Materials Recovery Facility in every barangay or

cluster of barangays;

i. Prohibition against the use of open dumps;

j. Setting of guidelines/criteria for the establishment of controlled

dumps and sanitary landfills;

k. Provision of rewards, incentives both fiscal and non-fiscal, financial

 assistance, grants and the like to encourage LGUs and the general
public to undertake effective solid waste management; and

l. Promotion of research on solid waste management and

environmental education in the formal and non-formal sectors.

3. How can we help solve the solid waste problem?

There are many ways to do it. A highly recommended formula is to
adopt the 3Rs of Ecological Waste Management: REDUCE, REUSE,
AND RECYCLE.

In addition to that, let us refrain from doing what have been prohibited
under the law, to include but are not limited to the following:
a. Littering, throwing, dumping of waste materials in public places like
roads, sidewalks, canals, esteros, parks and establishments;
b. Open burning of solid waste;
c. Allowing the collection of non-segregated or unsorted waste;
d. Squatting in open dumps and landfills;
e. Open dumping or burying of biodegradable and non-biodegradable
materials in flood-prone areas;
f. Unauthorized removal of recyclable material intended for collection
by authorized persons;
g. Mixing of source-separated recyclable material with other solid
waste in any vehicle, box, container or receptacle used in solid waste
collection or disposal;
h. Manufacture, distribution or use of non-environmentally acceptable
packaging materials;
i. Establishment or operation of open dumps; and
j. Importation of consumer products packaged in non-environmentally
acceptable materials.