Natural Resources and Environmental Laws ALBAY, Gillian M.: 1. Government Lands

NATURAL RESOURCES AND ENVIRONMENTAL LAWS
ALBAY, Gillian M.
1. Government Lands Foreshore land is a strip of land that lies

Government lands are lands owned between
by the government which may be classified the high and the low watermarks that is
into (a) lands of public domain, either alternately wet and
alienable or inalienable, or (b) lands of dry.
private domain. 8. Vested Right
Vested right is some right or interest in the
2. Public Lands property which has become fixed and
is a subset of government land which established and no
are lands intended for public use. longer open to doubt or controversy by any
parties or
3. Doctrine of Primary Jurisdiction regulation. This vested right over a property
the courts will not resolve may not be
controversy involving question which is altered or deprived by executive fiat alone
within the jurisdiction of an administrative without
tribunal especially where the question contravening the due process guarantees of
demands the knowledge, experience and the constitution.
services of administrative tribunal to 9. Ordinary Registration Proceedings
determine technical and intricate matter of Ordinary Registration Proceeding is a
fact. proceeding for registration of ‘unregistered’
land filed in RTC,
4. Homestead Settlement initiated by those who, by themselves or
Is a mode of disposition of land by through their
which a qualified beneficiary is granted with predecessors-in-interest, have been in open,
a portion of land of public domain in continuous,
exchange of cultivation efforts. exclusive and notorious possession and
occupation of
5. Exhaustion of Administrative Remedy alienable and disposable lands of the public
Doctrine of Exhaustion of Administrative domain under a
Remedy provides that court action will not bona fide claim of ownership since June 12,
prosper until all 1945, or earlier.
the remedies have been exhausted at 10. Cadastral Registration Proceedings
administrative level. It Cadastral proceedings is a government
simply deprives the plaintiff of a cause of initiated
action, which is a proceeding for compulsory registration of
ground for a motion to dismiss. ‘unregistered’ land
by filing petition against holder/ claimant,
6. Imperfect Title otherwise, they
Imperfect Title is a scenario in which a vested lose their right to own their property.
right 11. Critical Watershed
under a bona-fide ownership is acquired over Critical Watershed is a drainage area of a
the land in the river
absence of a Torrens Title system supporting existing and proposed
7. Foreshore Lands hydro-electric
NATURAL RESOURCES AND ENVIRONMENTAL LAWS
ALBAY, Gillian M.
power and irrigation works needing Ore Transport Permit is a permit specifying
rehabilitation. the
12. Kaingin origin and quantity of non-processed mineral
Kaingin is a farming method in a portion of ores from mine
the site to warehouse.
forest land which is subject to slash-and-burn 17. Exploration Permit
cultivation Exploration permit grants a qualified person
having little or no provision to prevent soil the
erosion. right to conduct exploration for all minerals
13. Forest Land in specified area.
Forest Land is a type of land under the 18. Filipino Owned Corporation
constitution Filipino-Owned Corporation refers to a
which is beyond the commerce of man and corporation owned by Filipino shareholders
may not be of at least 60%
alienated or disposed. It includes public ownership.
forest, permanent 19. Multiple Use Management
forest and forest reservations. Multiple use management provides that only
14. Laches utilization, exploitation, occupation or
Laches is based on the maxim that "equity possession of natural
aids the resources that will produce optimum benefits,
vigilant and not those who slumber on their with least
rights." It is a injury, shall be allowed.
failure or neglect for an unreasonable time to 20. Principle of Intergenerational
assert a right, Responsibility
warranting a presumption that the party Principle of Intergenerational Responsibility
entitled thereto has provides that man bears a solemn
either abandoned on declined it. responsibility to protect
15. Financial or Technical Assistance or and improve the environment for present and
Agreement future
A Financial or Technical Assistance generations. Essentially, the principle means
Agreement is that we hold the
a contract involving financial or technical natural resource treasures of the earth in trust
assistance for largescale for the benefit,
exploration, development, and utilization of enjoyme
natural
resources, in which the collection of
government share shall
commence after the contractor has fully
recovered its preoperating
expenses. In case of FTAA, any legally-
organized
foreign-owned corporation is deemed a
“qualified person.”
16. Ore Transport Permit

Natural Resources and Environmental Laws ALBAY, Gillian M.: 1. Government Lands

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Natural Resources and Environmental Laws ALBAY, Gillian M.: 1. Government Lands

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NATURAL RESOURCES AND ENVIRONMENTAL LAWS

1. Government Lands Foreshore land is a strip of land that lies

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