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Unformatted text preview: ept agricultural land, cannot be alienated, how may they be explored, developed, or utilized? A: 1. Direct undertaking of activities by the State or 2. Co‐production, joint venture, or production sharing agreements with the State and all “under the full control and supervision of the State. (Miners Association of the Philippines v. Factoran, G.R. No. 98332, January 16, 1995) Q: If the State enters into a service contract with BULLET, a foreign owned corporation, is it valid? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 217 UST GOLDEN NOTES 2011 A: Yes, but subject to the strict limitations in the last two paragraphs of Section 2. Financial and technical agreements are a form of service contract. Such service contacts may be entered into only with respect to minerals, petroleum, and other mineral oils. The grant of such service contracts is subject to several safeguards, among them: 1. That the service contract be crafted in accordance with a general law setting standard of uniform terms, conditions and requirements; 2. The President be the signatory for the government; and 3. The President report the executed agreement to Congress within thirty days. (La Bugal B’laan Tribal Association v. DENR, G.R. No. 127882, December 1, 2004) d. FRANCHISES, AUTHORITY AND CERTIFICATES FOR PUBLIC UTILITIES Q: Who are qualified to acquire a Franchise, certificate or any other form of authorization for the operation of a public utility? A: Filipino citizens or corporations at least 60% of whose capital is Filipino owned. (Art. XII, Section 11, 1987 Constitution) Q: Does a public utility franchise have the characteristic of exclusivity? A: No, A franchise to operate a public utility is not an exclusive private property of the franchisee. No franchisee can...
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This document was uploaded on 03/12/2014.

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