Qwhatisprivateinternationallawpril a it is that part

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Unformatted text preview: ars. (The 25 year limit is not applicable to “water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power,” for which “beneficial use may be the measure and the limit of the grant.”) 4. The use and enjoyment of marine wealth of the archipelagic waters, territorial sea, and exclusive economic zone shall be reserved for Filipino citizens. (It would seem therefore that corporations are excluded or at least must be fully owned by Filipinos.) 216 5. Utilization of natural resources in rivers, lakes, bays, and lagoons may be allowed on a “small scale” Filipino citizens or cooperatives‐ with priority for subsistence fishermen and fishworkers (The bias here is for the protection of the little people). (Bernas, The 1987 Philippines Constitution: A Reviewer ‐ Primer,2006) Q: What is the presumption in case of absence of proof of private ownership? A: The presumption is that the land belongs to the State. Thus, where there is no showing that the land had been classified as alienable before the title was issued, any possession thereof, no matter how lengthy, cannot ripen into ownership. (Republic v. Sayo, G.R. No. L‐60413, October 31, 1990). And all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. (Seville v. National Development Company, GR no. 129401, February 2, 2001) Q: Do the courts have jurisdiction over classification of public lands? A: In our jurisdiction, the task of administering and disposing lands of the public domain belongs to the Director of Lands and, ultimately, the Secretary of Environment and Natural Resources. The classification of public lands is, thus, an exclusive prerogative of the Executive Department through the Office of the President. (Republic v. Register of Deeds of Quezon, G.R. No. 73974, 31 May 1995) Q: What is the Stewardship Doctrine? A: Private property is supposed to be held by the individual only as a trustee for the people in general,...
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This document was uploaded on 03/12/2014.

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