Section 4 Congress shall as soon as possible determine by law the specific

Section 4 congress shall as soon as possible

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Section 4. Congress shall, as soon as possible, determine by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased or diminished, EXCEPT by law. Congress shall provide measures to prohibit logging in 1. Endangered forest and 2. Watershed areas for such period as it may determine. Section 5. ANCESTRAL LANDS Protection of Indigenous Cultural Communities 1. The State protects the rights of indigenous cultural communities to their ancestral lands a. Subject to Constitutional provisions b. Subject to national development policies and programs 2. In determining ownership and extent of ancestral domain, Congress may use customary laws on property rights and relations. 3. “ANCESTRAL DOMAIN” a. It refers to lands which are considered as pertaining to a cultural region b. This includes lands not yet occupied, such as deep forests. Section 7. PRIVATE LANDS General rule 1. Private lands CAN only be transferred or conveyed to: a. Filipino citizens b. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens 2. Exceptions a. In intestate succession, where an alien heir of a Filipino is the transferee of private land. b. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title. c. Foreign states may acquire land but only for embassy and staff residence purposes. 3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not deprive ownership. 4. Restriction against aliens only applies to acquisition of ownership. Therefore: a. Aliens may be lessees or usufructuaries of private lands b. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale. 5. Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by non-Filipinos cannot acquire and own land, even for religious purposes. Remedies to recover private lands from disqualified aliens: 1. Escheat proceedings 2. Action for reversion under the Public Land Act 3. An action by the former Filipino owner to recover the land
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a. The former pari delicto principle has been abandoned b. Alien still has the title (didn’t pass it on to one who is qualified) Section 10. NATIONAL ECONOMY AND PATRIMONY/INVESTMENTS Power of Congress 1. Congress, upon the recommendation of NEDA, can reserve to Filipino citizens or to corporations or associations at least 60% of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investment. This may be done when the national interest dictates.
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