Cruz and Europa v. Secretary of Environment and Natural Resources

the land where they may be found were allowed under the Philippine Bill of 1902. Section 21 thereof stated: Sec. 21. That all valuable mineral deposits in public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation and purchase, and the land in which they are found, to occupation and purchase, by citizens of the United States, or of said Islands: Provided, That when on any lands in said Islands entered and occupied as agricultural lands under the provisions of this Act, but not patented, mineral deposits have been found, the working of such mineral deposits is hereby forbidden until the person, association, or corporation who or which has entered and is occupying such lands shall have paid to the Government of said Islands such additional sum or sums as will make the total amount paid for the mineral claim or claims in which said deposits are located equal to the amount charged by the Government for the same as mineral claims. Other natural resources such as water and forests were similarly regarded as belonging to the State during both the Spanish and American rule in the Philippines, viz: Article 33 of the Law of Waters of August 3, 1866 defined waters of public ownership as (1) the waters springing continuously or intermittently from lands of the public domain; (2) the waters of rivers; and (3) the continuous or intermittent waters of springs and creeks running through their natural channels. Article 1 of the same law states: The following are also part of the national domain open to public use: 1. The coasts or maritime frontiers of the Philippine territory with their coves, inlets, creeks, roadsteads, bays and ports 2. The coast of the sea, that is, the maritime zone encircling the coasts, to the full width recognized by international law. The state provides for and regulates the police supervision and the uses of this zone as well as the right of refuge and immunity therein, in accordance with law and international treaties. With respect to forests, there are references made regarding State-ownership of forest lands in Supreme Court decisions (See Director of Forestry vs. Munoz, 23 SCRA 1183, 1198-1199 [1968]; Director of Lands vs. Abanzado, 65 SCRA 5, 11 [1975]; Mapa vs. Insular Government, 10 Phil. 175, 184 [1908]; Montano vs. Insular Government, 12 Phil 572, 584 [1909]). The State's ownership over natural resources was embodied in the 1935, 1973 and 1987 Constitutions. Section 1, Article XII of the 1935 Constitution declared: All agricultural, timber and mineral lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease or concession at the time of the inauguration of the Government established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty -five years, except as to water rights for