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-“to secure for the Filipino people of present and future generations the perpetual existence of all native
plants and animals through the establishment of a comprehensive system of integrated protected areas
within the classification of national park as provided for in the Constitution”
2. What are the Prohibited acts within the Protected areas as provided by the law?
a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived
therefrom without a permit from the Management Board;
b. Dumping of any waste products detrimental to the protected area, or to the plants and animals or
inhabitants therein;
c. Use of any motorized equipment without a permit from the Management Board;
g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any business
enterprise without a permit;
3. Who are considered Field Officer under the NIPAS? And what are their duties and
responsibilities?
All officials, technical personnel and forest guards employed in the integrated protected area service or all
persons deputized by the DENR, upon recommendation of the Management Board shall be considered as
field officers and shall have the authority to investigate and search premises and buildings and make
arrests in accordance with the rules on criminal procedure for the violation of laws and regulations
relating to the protected areas.
IPRA
Answer:
No. The IPRA does not violate the Regalian Doctrine. In any case, a careful reading of Section 7(b)
would reveal that the rights given to the indigenous peoples are duly circumscribed. These rights are
limited only to the following: "to manage and conserve natural resources within territories and uphold it
for future generations; to benefit and share the profits from allocation and utilization of the natural
resources found therein; to negotiate the terms and conditions for the exploration of natural resources in
the areas for the purpose of ensuring ecological, environmental protection and the conservation measures,
pursuant to national and customary laws; to an informed and intelligent participation in the formulation
and implementation of any project, government or private, that will affect or impact upon the ancestral
domains and to receive just and fair compensation for any damages which they may sustain as a result of
the project, and the right to effective measures by the government to prevent any interference with,
alienation and encroachment of these rights."
It must be noted that the right to negotiate terms and conditions granted under Section 7(b) pertains only
to the exploration of natural resources. The term "exploration" refers only to the search or prospecting of
mineral resources, or any other means for the purpose of determining the existence and the feasibility of
mining them for profit.155 The exploration, which is merely a preliminary activity, cannot be equated
with the entire process of "exploration, development and utilization" of natural resources which under the
Constitution belong to the State.
2. Petitioners are members of a Talaandig Tribe claimed to be the lawful owners and possessor of
an unregistered parcel of agricultural land. They claimed to have been living on the said land since
time immemorial. On the other hand, respondents, claimed to be the lawful owners and possessor
of an unregistered parcel of agricultural which appears to be located within the ancestral domain of
the Talaandig Tribe. Respondents filed a petition for accion reinvindicatoria, with prayer for the
issuance of a temporary restraining order or preliminary prohibitory injunction with damages
before RTC. Petitioners filed their motion to dismiss, alleging that the RTC had no jurisdiction
over the case. They maintained their contention that it is the National Commission of Indigenous
People, not the regular courts, have jurisdiction as the subject matter concerns a dispute and
controversy over an ancestral land/domain of ICC/IPs. Who has the jurisdiction on this matter?
Answer:
The RTC has the jurisdiction over the land dispute because it involves one party who is not a member of
Talaandig tribe.
Pursuant to Section 66 of the IPRA, the NCIP shall have jurisdiction over claims and disputes involving
rights of ICCs/IPs only when they arise between or among parties belonging to the same ICC/IP. When
such claims and disputes arise between or among parties who do not belong to the same ICC/IP, i.e.,
parties belonging to different ICC/IPs or where one of the parties is a non-ICC/IP, the case shall fall under
the jurisdiction of the proper Courts of Justice, instead of the NCIP. In this case, while most of the
petitioners belong to Talaandig Tribe, respondents do not belong to the same ICC/IP. Thus, even if the
real issue involves a dispute over land which appear to be located within the ancestral domain of the
Talaandig Tribe, it is not the NCIP but the RTC which shall have the power to hear, try and decide this
case.
3. President Rodrigo Duterte recently announced that he will open ancestral lands in Mindanao to
investors primarily aimed at eradicating hunger and poverty among the Lumads. Will it not be a
violation of the Indigenous Peoples Right to ancestral domain? Support your answer.
Answer:
No. The President may do so as long as the development plans will not supersede the IP/ICCs welfare,
identity but instead contribute to the strengthening and enhancement of their plight following the
provision in the 1987 Constitution (Section 5 , Article II) which ensures the economic, social and cultural
well-being of these communities and Section 2, Article XII.
Answer:
Section 11. Public lands suitable for agricultural purposes can be disposed only as of follows and not
otherwise:
a. Homestead Settlement
b. By Sale
c. By sale
Answer:
The provisions of this Act shall apply to all lands of public domain but timber and mineral lands shall be
governed by special laws
Answer:
That any sale and encumbrance made in violation of the provisions of this section shall be null and void
and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto
the State and all payments on the purchase price therefore made to the Government and shall be forfeited.
Revised Forestry Code
Answer:
c. Pasturing Livestock
d. Illegal occupation of national parks system and recreation areas and vandalism therein.
2. What are the privileges that may be granted for the utilization of areas? Enumerate all
privileges, define/explain one of them.
a. Lease is a privilege granted by the State to a person to occupy and possess, in consideration of a
specified rental, any forest land of the public domain in order to undertake any authorized activity therein.
[If the lease mentioned is for the establishment of an industrial tree plantation or tree farm, the following
are considered:
c. License agreement is a privilege granted by the State to a person to utilize forest resources within
any forest land with the right of possession and occupation thereof to the exclusion of others, except the
government, but with the corresponding obligation to develop, protect and rehabilitate the same in
accordance with the terms and conditions set forth in said agreement.
d. Permit is a short-term privilege or authority granted by the State to a person to utilize any limited
forest resources or undertake a limited activity with any forest land without any right of occupation and
possession therein.
3. What conditions must be met before a person may be allowed to transfer their privilege to
another person?
a. The transferor has not violated any forestry law, rule or regulation
b. Transferor has been faithfully complying with the terms and conditions of the license agreement,
license, lease or permit
c. The transferee has all the qualifications and none of the disqualifications
d. There is no evidence that such transfer or conveyance is being made for purposes of speculation
c. Combination that it shall not exceed the maximum limits for onshore
c. Professional in a related field designated by the secretary as recommended by the Mines and
Geosciences Bureau Director until revoked by the Secretary
Fisheries Code
1. Conservation, protection and sustained management of the country's fishery and aquatic resources;
2. Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk;
1. WHAT ARE THE POWERS AND DUTIES OF THE ENVIRONMENT AND NATURAL
RESOURCES OFFICE?
a. Prepare comprehensive air quality management programs, plans and strategies within the limits set
forth in RA 7160
b. Provide technical assistance and support to the governor or mayor – to ensure the delivery of basic
services
c. Take the lead in all efforts concerning air quality of protection and rehabilitation
f. Exercise such other powers and perform such duties and functions as may be prescribed by law or
ordinance
2. With reference to the Philippine Clean Air Act, any citizen can initiate a suit against the
following:
a. Any person who violates or fails to comply with the provisions of this Act
b. DENR or other implementing agencies with respect to orders, rules and regulations issued inconsistent
with this Act
c. Any public officer who wilfully or grossly neglects the performance of an act specifically enjoined as a
duty by this Act
• Greenhouse gases
• Radioactive emissions
1. Adequate
2.Clean
3.Sanitary
2. What should of any owner or operator of any land, air or water public utility transporting pet,
wildlife provide?
animal behind alone or otherwise relinquishing ownership, charge, control, custody, responsibility or
possession of an animal under circumstances likely to:
(a) deprive an animal of the shelter, protection, feeding, and general care
(d) deprive an animal of the freedom to express its normal and natural behavior.
• Composed of: 14 members from the government sector and 3 members from the private sector
• The Department, through the Environmental Management Bureau, shall provide secretariat support to
the Commission. The Secretariat shall be headed by an executive director who shall be nominated by the
members of the Commission and appointed by the chairman.
2. Minimum standards and requirements for segregation and storage of solid waste pending
collection:
(a) There shall be a separate container for each type of waste from all sources: In the case of bulky waste,
it will suffice that the same be collected and placed in a separate and designated area; and
(b) The solid waste container depending on its use shall be properly marked or identified for on-site
collection as “compostable”, “non-recyclable”, “recyclable” or “special waste”, or any other classification
as may be determined by the Commission.
a. Littering, throwing, dumping of waste materials in public places like roads, sidewalks, canals, esteros,
parks and establishments;
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;
Water Code
1. Any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and clean-up any pollution incident at his own expense
to the extent that the same water bodies have been rendered unfit for utilization and beneficial use.
2.
a. Review and enforce water quality guidelines
b) By any such order, rule or regulation issued by the Department with respect to such standard or
limitation.
a. Small-scale mining
c. Claimowner
3. Who shall exercise direct supervision and control over the program and activities of the small-
scale miners within the people's small-scale mining area?
Answers:
1. Definition of terms:
a. "Small-scale mining" refers to mining activities which rely heavily on manual labor using simple
implement and methods and do not use explosives or heavy mining equipment.
b. "Existing mining right" refers to perfected and subsisting claim, lease, license or permit covering a
mineralized area prior to its declaration as a people's small-scale mining area
2. All gold produced by small-scale miners in any mineral area shall be sold to the Central Bank, or its
duly authorized representatives, which shall buy it at prices competitive with those prevailing in the world
market regardless of volume or weight.