1. A) The Regalian Doctrine under Sec. 2, Art.
XII of the 1987 Constitution states that
all lands of the public domain belong to the State, and that the State is the source of any
right to ownership in land and charged with the conversation of such patrimony. Under
this doctrine, all lands not otherwise appearing to be clearly within private ownership are
presumed to belong to the State. A positive act of the executive branch is needed to
declassify a forest land into alienable or disposable land for agriculture or other
purposes.
b) The exception to the Regalian Doctrine is that it does not negate the native title
to lands held in private ownership. In a landmark case, it was stated that the lands have
been held by people under a private ownership, and it is presumed that they owned the
said lands before the Spanish time.
2. No, the Government may deny the bank its right as owner to the mineral
resources underneath the surface of its property.
The Regalian Doctrine states that lands of the public domain are classified into
agricultural, forest, mineral lands, and national parks. Agricultural lands of may be
classified by law according to their uses. Alienable lands of the public domain shall be
limited to agricultural lands.
In this case, the mineral deposits are beneath a private property or land. What
the law talks about is lands of the public domain.
Therefore, the bank is the rightful owner of the land and may enjoy whatever is
situated in its land.
3. A) No, the assertion that the minors do not have locus standi is incorrect.
Locus Standi is a right of appearance in a court on a case. It is, however, merely
a matter of procedure. In some cases, suits are not brought by parties who were injured
by the law or any act, but are concerned citizens who looks out for public interest and
wellness.
In this case, the minors are concerned since they are the future of this country
and will face whatever the effect of the current environment.
B) The concept of intergenerational responsibility centers on the right of the present
generation to sue in its behalf and in behalf of the succeeding generations for the
protection of the environment.
4. The Claim of PSALM is correct.
According to our Constitution, no authorization for the operation of a public utility
shall be granted except to Filipino citizens or to corporations or associations organized
under the laws of the Philippines at least sixty percent of the capital is owned by such
citizens, nor shall such authorization be exclusive.
In this case, a facility is being sold and not the Angat Dam which would fall under
public utility as explained by our laws.
Therefore, K-Pop Energy Corporation is allowed to receive the notice of award
issued.
5. Yes, she is qualified to apply for registration of the lot in her name.
Under the Agrarian Reform Law, an applicant for land registration must show that
it and its predecessors had been in open, continuous, exclusive, and notorious
possession and occupation of the land since June 12, 1945 or earlier.
Also, natural-born Filipinos who are now naturalized citizens of another country
can buy and register land in the Philippines.
In this case, all the requirements were met by Althea.
Hence, she is qualified to apply for registration of the lot in her name.
6. According to our Constitution, the waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.
. If a case involving the validity of the fishing agreement is brought to the
Supreme Court, the first thing to know for it to be resolved is that if the country-party is a
member of the UNCLOS or United Nations Convention for the Law of the Sea. If they
are a member, the rules of the union must be applied. If Indonesia is not a member,
maritime disputes need to be negotiated. Both countries must establish laws between
them and explore what would benefit both. This will help all the disputes that both
countries may face against each other in the future.
7.a) Under the Agrarian Reform Law, an applicant for land registration must show that
it and its predecessors had been in open, continuous, exclusive, and notorious
possession and occupation of the land since June 12, 1945 or earlier.
b) All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, potential energy, fisheries, forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State. With the exception of agricultural lands,
all other natural resources shall not be alienated.
8. No, the petitioners have no legal standing.
Under our Constitution, the President may enter into agreements with foreign-
owned corporations involving either technical or financial assistance for exploration,
development, and utilization of minerals, petroleum, and other mineral oils for the
growth of our country.
In this case, Japex is allowed to conduct the exploration since it is legal in our
laws that assistance may be seeked.
Therefore, the Respondents are correct in saying that the petitioners have no
legal standing.
9. It is also provided under Sec. 2 of Article XII of the Constitution that the State
may directly undertake such activities, or it may enter into co-production, joint venture,
or production-sharing agreements with Filipino citizens, or corporations or associations
at least sixty percent of whose capital is owned by Filipino citizens.
In this case, there are a lot of ways the State may undertake such activities.
That’s how I will resolve the challenge of the petitioners.
10. Under our Constitution, the President shall notify the Congress of every contract
entered into in accordance with this provision, within thirty days from its execution. The
safeguards or constitutional requirements being mentioned is the separation of powers.
That the President is separate and different from the Legislative and Judiciary.
