NATURAL RESOURCES AND ENVIRONMENTAL LAWS
ALBAY, Gillian M.
1. Government Lands
Government lands are lands owned
by the government which may be classified
into (a) lands of public domain, either
alienable or inalienable, or (b) lands of
private domain.
2. Public Lands
is a subset of government land which
are lands intended for public use.
3. Doctrine of Primary Jurisdiction
the courts will not resolve
controversy involving question which is
within the jurisdiction of an administrative
tribunal especially where the question
demands the knowledge, experience and
services of administrative tribunal to
determine technical and intricate matter of
fact.
4. Homestead Settlement
Is a mode of disposition of land by
which a qualified beneficiary is granted with
a portion of land of public domain in
exchange of cultivation efforts.
5. Exhaustion of Administrative Remedy
Doctrine of Exhaustion of Administrative
Remedy provides that court action will not
prosper until all
the remedies have been exhausted at
administrative level. It
simply deprives the plaintiff of a cause of
action, which is a
ground for a motion to dismiss.
6. Imperfect Title
Imperfect Title is a scenario in which a vested
right
under a bona-fide ownership is acquired over
the land in the
absence of a Torrens Title
7. Foreshore Lands
Foreshore land is a strip of land that lies
between
the high and the low watermarks that is
alternately wet and
dry.
8. Vested Right
Vested right is some right or interest in the
property which has become fixed and
established and no
longer open to doubt or controversy by any
parties or
regulation. This vested right over a property
may not be
altered or deprived by executive fiat alone
without
contravening the due process guarantees of
the constitution.
9. Ordinary Registration Proceedings
Ordinary Registration Proceeding is a
proceeding for registration of ‘unregistered’
land filed in RTC,
initiated by those who, by themselves or
through their
predecessors-in-interest, have been in open,
continuous,
exclusive and notorious possession and
occupation of
alienable and disposable lands of the public
domain under a
bona fide claim of ownership since June 12,
1945, or earlier.
10. Cadastral Registration Proceedings
Cadastral proceedings is a government
initiated
proceeding for compulsory registration of
‘unregistered’ land
by filing petition against holder/ claimant,
otherwise, they
lose their right to own their property.
11. Critical Watershed
Critical Watershed is a drainage area of a
river
system supporting existing and proposed
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