Natres Final Exam Reviewer - Atty. Bundac

ARTICLE XII, SECTIONS 17 & 18 QUESTIONS AND ANSWERS: QUESTION no. 1: Following the interpretation of SECTION 17, Article XII, is the President authorized during the emergency to temporarily take over or direct the operation of any privately owned public utility or business affected with public interest without authority from Congress? ANSWER: NO. Let it be emphasized that while the President alone can declare a state of national emergency, however, without legislation, he has no power to take over privately-owned public utility or business affected with public interest. Likewise, without legislation, the President has no power to point out the types of businesses affected with public interest that should be taken over. In short, the President has no absolute authority to exercise all the powers of the State under SECTION 17, Article XII in the absence of an emergency powers act passed by Congress. QUESTION no. 2: What is the difference between Sec. 17 and Sec. 18 as to the operation of privately-owned public utilities/vital industries by the Government? ANSWER: The difference between the two is that in Sec. 17, there is temporarily taking over of privately-owned public utilities by the Government, while in Sec. 18, the Government can permanently operate these vital industries upon payment of just compensation to the owner. QUESTION no. 3: What are the inherent powers of the state that are being exercised in Sec. 17 and Sec. 18? ANSWER: The Police Power of the State is being exercised in Sec. 17, while the Power of Eminent Domain is being exercised in Sec. 18.

ARTICLE XII, SECTIONS 19 & 20 QUESTION No. 1 When can there be monopoly? ANSWER: There is monopoly where a single seller or a group of sellers acting in concert actually controls or possesses the power to control market prices. QUESTION NO. 2: Is there a limit to the amount of notes and coins that the BSP may issue? ANSWER: The total amount of banknotes and coins that the BSP may issue shall not exceed the total assets of the BSP.

QUESTION NO. 3: Is there a limit to the legal tender power of Philippine currency notes and coins? ANSWER: Pursuant to BSP Circular No. 537, series 2006, coins in denomination of 1-, 5-, and 10 piso shall be legal tender in amounts not exceeding P1,000.00 while coins in denomination of 1-, 5-, and 10-, and 25- sentimo shall be legal tender in amounts not exceeding P100.00.

ARTICLE XII, SECTION 21 QUESTION NO. 1 How are foreign loans incurred? ANSWER: Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. (SECTION 21, Art. 12, 1987 Constitution) Under the BSP Rules on Foreign Loans, foreign/foreign currency denominated borrowings requires approval and registration with the Bangko Sentral ng Pilipinas (BSP). The approval/registration process helps control the size of the country’s obligations and keep debt service burden at manageable levels, channel loan proceeds to priority purposes/projects supportive of the country’s development objectives and promote optimum utilization of the country’s foreign exchange (FX) resources. SECTION 20, Article VII and SECTION 21, Article 12 of the Philippine Constitution pertaining to the authority of the President to incur and guarantee foreign loans on behalf of the RP with prior concurrence of the Monetary Board, and subject to such limitations as provided by law;

QUESTION NO. 2: What is the effect of foreign loans to the Philippine economy? ANSWER: Generally, foreign aid (consist of foreign grants-not repaid and foreign loans repaid) / ODA (Official Development Assistance) does not per se affect any future improvement in the rate of economic growth of the country. However, if such will be used appropriately, this will trigger the key to higher domestic resource mobilization which, in turn, is the foundation for a self-sufficient economic growth. Vice versa, the government's failure to put said funds in productive use on a timely manner will have an effect of compromising whatever gains which may have been realized and negatively affect the economy.

UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)

QUESTION NO. 1: Does artificial islands possess the status of an island? ANSWER: NO. UNCLOS states that artificial islands do not possess the status of ‘islands”, and are not allowed to have a “territorial sea”. It also states that only coastal state has the right to build artificial islands in its exclusive economic zone. QUESTION NO. 2: Why China’s claims in South China Sea are invalid? ANSWERS: • China’s “historic rights claim violates Article 57 of the UNCLOS, containing the provision of the 200 nautical miles EEZ; • Some parts of the South China Sea are “rocks” that therefore have no EEZ • China has breached the Convention by interfering with the Philippines’ exercise of its sovereign rights and jurisdiction; • Destructive fishing practices done by China brought about permanent damage on coral reefs and marine life, including some areas within the Philippines’ EEZ.

PHILIPPINE CLEAN AIR ACT (R.A. 8749) (No question and answer portion in the report. I devised my own question below) QUESTION NO. 1: WON a contract could be unilaterally cancelled by the Government on the ground that incineration is prohibited by the Clean Air Act? ANSWER: Section 20 does not absolutely prohibit incineration as a mode of waste disposal; rather only those burning processes which emit poisonous and toxic fumes are banned. Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, Further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided, Finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department. xxxx”

QUESTION NO. 2: What are the prohibited Acts: ANSWER: Prohibited Acts (Section 13, Part VII DENR Administrative Order No. 200081) (a) Fugitive Particulates emission; (b) Volatile Organic Compounds or Organic Solvent Emissions; (c) Discharge of contaminants and other materials which constitute nuisance; (d) Open Burning (e) General Restrictions (Read page 135) QUESTION NO. 3: Where does smoking is prohibited (SMOKING BAN)? Smoking shall be banned inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one’s private residence, private place of work or any duly designated smoking area which shall be enclosed.

SMALL-SCALE MINING QUESTION NO. 1: Is the Filipino-First Policy validly applicable in P.D. No. 1899, as well as in R.A. No. 7076 or the "People’s Small-Scale Mining Act of 1991"? ANSWER: YES. Sec 2, Art XII of the 1987 Philippine Constitution states that: "The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, X X X". Although there are differences in the qualifications of applicants as provided in both laws, both are in consonance with the Filipino-First Policy giving preference to Filipino citizens to utilize such resources.

PHILIPPINE MINING ACT OF 1995 (R.A. NO. 7942) (NO QUESTION AND ANSWER PORTION IN THE REPORT. I JUST SUMMARIZED THE FF.:)

NATURE

Exploration Permit

Mineral Agreement

Financial or Technical Assistance Agreement (FTAA)

Mineral Processing Permit

An Exploration Permit (EP) is

A Mineral Agreement is an

A Financial or Technical

A Mineral Processing

QUALIFIE D PERSON TO APPLY

an initial mode of entry in mineral exploration allowing a Qualified Person to undertake exploration activities for mineral resources in certain areas open to mining in the country.

agreement between a Contractor and the Government wherein the Government grants to the Contractor the exclusive right to conduct mining operations within, but not title over, the contract area. Classification: 1) Mineral Production Sharing Agreement (MPSA) 2) CoProduction Agreement (CA) 3) Joint Venture Agreement (JVA)

Assistance Agreement may be entered into between a Contractor and the Government for the largescale exploration, development and utilization of gold, copper, nickel, chromite, lead, zinc and other minerals except for cement raw materials, marble, granite, sand and gravel and construction aggregates.

a) any Filipino citizen of legal age and with capacity to contract; b) a Filipino-owned Corporation, Partnership, Association or Cooperative, at least sixty percent (60%) of the capital is owned by

Individual - a Filipino citizen of legal age and with capacity to contract; or b) Corporation, Partnership, Association or Cooperative – organized or authorized for the purpose of engaging in mining, duly registered in

a) any Filipino citizen of legal age and with capacity to contract; b) a Filipino-owned Corporation, Partnership, Association or Cooperative, at least sixty percent (60%) of the capital is owned by

Permit (MPP) refers to the permit granted to a Qualified Person for mineral processing. Mineral Processing means the milling, beneficiation, leaching, smelting, cyanidation, calcination or upgrading of ores, minerals, rocks, mill tailings, mine waste and/or other metallurgical byproducts or by similar means to convert the same into marketable products. a) Individual - a Filipino citizen of legal age and with capacity to contract; or b) Corporation, Partnership, Association or Cooperative – organized or authorized for the purpose of engaging in

TERM

Filipino citizens, organized or authorized for the purpose of engaging in mining with technical and financial capability to undertake mineral resources development and duly registered in accordance with the law; or c) a foreignowned Corporation, Partnership, Association or Cooperative duly registered in accordance with law and in which less than fifty percent (50%) of the capital is owned by Filipino citizens.

accordance with law, at least sixty percent (60%) of the capital of which is owned by Filipino citizens.

two (2) years from date of its issuance, renewable for like periods but not to exceed a total term of four (4) years for nonmetallic

term not exceeding twenty-five (25) years from the date of its execution, and renewable for another term not exceeding twentyfive (25) years under the same

Filipino citizens, organized or authorized for the purpose of engaging in mining with technical and financial capability to undertake mineral resources development and duly registered in accordance with the law; or c) a Foreign-owned Corporation, Partnership, Association or Cooperative duly registered in accordance with law and in which less than fifty percent (50%) of the capital is owned by Filipino citizens. twenty-five (25) years from the date of its issuance, and renewable for another term not exceeding twenty-five

mining, duly registered in accordance with law, either Filipino or foreign-owned.

five (5) years from date of issuance thereof, renewable for like periods but not to exceed a total term of twenty-five

mineral exploration or six (6) years for metallic mineral exploration.

terms and conditions, without prejudice to changes mutually agreed upon by the Government and the Contractor. After the 50 year term of the Mineral Agreement, the operation of the mine may be undertaken by the Government or through a Contractor.

(25) years.

(25) years: Provided, That no renewal of Permit shall be allowed unless the Permit Holder has complied with all the terms and conditions of the Permit and has not been found guilty of violation of any provision of the Act and these implementing rules and regulations.

ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000 Solid Waste

Hazardous Waste

all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris, agricultural waste, and other nonhazardous/non-toxic solid waste. The term "solid waste" as used in this Act shall not include: (1) Waste identified or listed as hazardous waste of a solid, liquid, contained gaseous or semisolid form; (2) Infectious waste from hospitals such as equipment, instruments, utensils, and fomites of a disposable nature from patients who are suspected to

Refers to solid waste management or combination of solid waste which because of its quantity, concentration or physical, chemical or infectious characteristics may: • cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or • pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed;

have or have been diagnosed as having communicable diseases and must therefore be isolated as required by public health agencies, laboratory wastes such as pathological specimens; and (3) Waste resulting from mining activities, including contaminated soil and debris. PROHIBITED ACTS 1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; 2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to this act; 3) The open burning of solid waste; 4) Causing or permitting the collection of nonsegregated or unsorted wastes; 5) Squatting in open dumps and landfills; 6) Open dumping, burying of biodegradable or nonbiodegradable materials in flood prone areas; 7) Unauthorized removal of recyclable material intended for collection by authorized persons; 8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal. 9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37. 10) The manufacture, distribution or use of nonenvironmentally acceptable packaging materials First Offense 11) Importation of consumer products packaged in nonenvironmentally acceptable materials. 12) Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content" 13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional wastes in areas other than centers or facilities prescribe under this Act. 14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU 15) The construction of any establishment within two hundred (200)

meters from open dumps or controlled dumps, or sanitary landfill. 16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir, or watershed area and or any portions thereof

THE PHILIPPINE FISHERIES CODE OF 1998 QUESTION NO. 1: Is the right to fish within Philippine waters exclusively reserved for Filipinos? ANSWER: General Rule: Yes. Exception: Foreigners conducting documentary or scientific research for the benefit of Filipinos/Filipino fisherfolk may be allowed subject to guidelines that shall be promulgated by the Department. QUESTION NO. 2. Can a private person perform a warrantless arrest on those engaged in acts prohibited by the Fisheries Code? ANSWER: Yes, provided the circumstances fall under those enumerated in sec. 5, Rule 113 of the Rules of court. Under Section 5, Rule 113 of the Revised Rules of Criminal Procedure, a peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

PETROLEUM ACT OF 1949 (REPUBLIC ACT NO. 387) (NO QUESTION AND ANSWER PORTION)