Republic Act No.

8560 February 26, 1998

AN ACT REGULATING THE PRACTICE OF GEODETIC ENGINEERING IN THE PHILIPPINES

ARTICLE I (6) Preparation and making of sketch, lot and location

TITLE plans;

Section 1. Title. - This Act shall be known as (7) Conduction of engineering surveys and the technical

the "Philippine Geodetic Engineering Act of 1998." preparation of engineering survey plans such as

ARTICLE II topographic, hydrographic, tidal, profile, cross-Sec.,

construction and boundary surveys;
DEFINITION OF TERMS
(8) Parcellary surveys of lands traversed by infrastructure
Section 2. Definition of terms. –
projects; and the preparation of subdivision plans;
(a) Practice of geodetic engineering - The practice of
(9) Conduction of gravimetric and photogrammetric
Geodetic Engineering is a professional and organized act
survey and the technical preparation of such survey plans;
of gathering physical data on the surface of the earth with
(10) Survey and mapping works such as the preparation of
the use of precision instruments. It is also the scientific
geographic and/or land information system;
and methodical processing of these data and presenting
(11) Survey to determine and establish line and grade for
them on graphs, plans, maps, charts or documents. It shall
the construction of buildings and other structures and its
embrace, but is not limited to, the following activities:
attachments;
(1) Professional Geodetic Engineering Services with the
(12) Construction of as-staked and as-built surveys for
use of surveying and mapping equipment such as
infrastructures;
graduated rods, measuring tapes, transits, levels,
(13) Conduction of mineral and mining surveys;
theodolites, fathometers/echosounders, electronic
(14) Installation of machineries requiring the use of
distance meters, global positioning systems, stereoplotters
precision instruments;
and all other instruments that are used to determine
(15) Engagement in the transfer of the knowledge and
metes and bounds of lands positions of points on the
technology of geodetic engineering in any institution of
surface of the earth, water depths, underwater
learning;
configuration, ground elevation, gravity, isostacy, crustal
(b) Geodetic Engineer - A Geodetic Engineer is a natural
movements and the size and shape of the earth, and other
person who has been issued a Certificate of Registration
instruments used for construction survey, and those
by the Board of Geodetic Engineering and has taken the
instruments used to guide the installation of large
Oath of Profession of Geodetic Engineers.
industrial equipment and machineries;
ARTICLE III
(2) Horizontal and vertical control surveys and political
boundary surveys; BOARD OF GEODETIC ENGINEERING

(3) Land surveys to determine their metes and bounds and Section 3. Creation and composition of the Board of

prepare the plans thereof for titling and for other Geodetic Engineering. - There is hereby created a Board of

purposes; Geodetic Engineering, hereinafter called the Board, to be

(4) Subdivision, consolidation and/or consolidation- composed of a chairman and two (2) members to be

subdivision of titled properties; appointed by the President of the Philippines from a list of

(5) Submission of survey plans of subdivided, consolidated three (3) recommendees for each position, chosen, ranked

and/or consolidated-subdivision titled properties to the in the order of preference and submitted by the duly

government agencies concerned; hereafter, such plans on integrated and accredited association of geodetic

surveyed titled properties submitted by geodetic engineers. The Board shall be organized not later than six

engineers shall not be subject to verification and approval; (6) months from the effectivity of this Act.
Section 4. Qualifications of Members of the Board. - A Section 7. Vacancy and removal of board members. - Any
member of the Board shall, at the time of his vacancy occurring in the membership of the Board within
appointment, possess the following qualifications: the term of a member shall be fined for the unexpired
(a) Natural born citizen and resident of the Philippines; portion of the term only.
(b) Must be at least forty (40) years of age; The President may remove any member of the Board,
(c) A registered Geodetic Engineer with a valid upon the recommendation of the Commission, on the
professional license and an active practitioner in Geodetic following grounds:
Engineering for not less than ten (10) years prior to (a) Neglect of duty or incompetence;
appointment; !(b) Violation or tolerance of the violation of this Act or the
(d) Must not be a member of the faculty of any school, Code of Ethics for geodetic engineers; and
academy, institute, college or university where a regular (c) Final judgment of a crime involving moral turpitude.
course in Geodetic Engineering is being taught, nor have He shall be given due notice and hearing where his right to
pecuniary interest in or administrative supervision over be heard and to defend himself, assisted by counsel, shall
any such institution of learning; be respected in a proper administrative investigation. The
(e) Must not, for a period of three (3) consecutive years Commission's decision may be appealed within fifteen (15)
prior to appointment, be connected with a review center days from written notice, to the President, whose decision
or with any group or association where review classes or shall be final and executory.
lectures in preparation for the licensure examination are Section 8. Powers and duties of the board. - The Board
offered or conducted at the time of appointment; and shall exercise the following specific powers, functions,
(f) Must not have been convicted of any offense involving duties and responsibilities:
moral turpitude. (a) To promulgate and adopt the rules and regulations
Section 5. Term of office. - The members of the Board necessary forAa carrying out the provisions of this Act;
shall hold office for a term of three (3) years and until their (b) To supervise the examination, registration, licensure
successors shall have been appointed and qualified. Of the and practice of Professional Geodetic Engineering in the
members of the Board first appointed under this Act, one Philippines;
(1) member shall be appointed and hold office for three (c) To administer oaths in connection with the successful
(3) years; and one (1) member for two (2) years, one (1) examinees entering the practice of Geodetic Engineering;
member for one year. (d) To issue the Certificate of Registration to successful
The Chairman or member of the Board may be examinees;
reappointed for another term but in no case shall he serve (e) To issue, suspend or revoke the license for the practice
continuously for more than six (6) years. Each member of of the Geodetic Engineering profession;
the Board shall qualify by taking the proper oath of office (f) To adopt an official seal of the Board;
prior to entering upon the performance of duties. (g) To look into the conditions affecting the practice of
Section 6. Compensation of the board members. - The Geodetic Engineering profession and whenever necessary,
Chairman and members of the Board shall receive adopt such measures as may be deemed proper for the
compensation and allowances comparable to the enhancement and maintenance of high professional and
compensation and allowances received by existing ethical standards of the profession;
regulatory boards with the Professional Regulation (h) To ensure in coordination with the Commission on
Commission (PRC), hereinafter referred to as the Higher Education (CHED), that all educational institutions
Commission, as provided for in the General Appropriations offering Geodetic Engineering education comply with the
Act. policies, standards and requirements of the course
prescribed by CHED in the areas of curriculum, faculty, will upgrade and improve the conditions affecting the
library and facilities; practice of Geodetic Engineering in the Philippines.
(i) To prescribe and/or adopt a Code of Ethical and ARTICLE IV
Professional Standards for the practice of the Geodetic EXAMINATION , REGISTRATION AND LICENSE
Engineering profession; Section 11. Examinations required. - All applicants for
(j) To hear and try administrative cases involving violations registration for the practice of Geodetic Engineering shall
of this Act, its implementing rules and regulations, the be required to undergo and pass a written technical
Code of Ethics for professional Geodetic Engineers and for examination as provided for in this Act.
this purpose, to issue subpoena and subpoena duces Section 12. Qualifications of applicant for examination. -
tecum to secure the appearances of witnesses and the Every applicant for examination shall establish the
production of documents in connection therewith; following:
(k) To prescribe guidelines in the Continuing Professional (a) That he is a citizen of the Philippines; and
Education (CPE) program in coordination with the (b) That he is a graduate of Bachelor of Science in Geodetic
integrated and accredited association for professional Engineering in a school, academy, institute or college duly
Geodetic Engineers; recognized by the Government.
(l) To prepare, adopt issue or amend the syllabi of the Section 13. Fraudulent application. - The Board may
subjects for examination; suspend or revoke a Certificate of Registration obtained
(m) To approve, issue, limit or revoke temporary license to through misrepresentation made in the application for
practice Geodetic Engineering; and examination.
(n) Discharge such other duties and functions as may be Section 14. Scope of examination. - The examination for
deemed necessary for the enhancement of the Geodetic Geodetic Engineering shall basically corer the following
Engineering profession and the upgrading, development subjects:
and growth of Geodetic Engineering education in the (1) Mathematics;
Philippines. (2) Theory and Practice of Surveying;
Section 9. Supervision of the Board, custodian of its (3) Property Surveying including Isolated, Cadastral,
records, secretariat and support services. - The Board Mineral and Mining Surveys;
shall be under the administrative supervision of the (4) Cartography and Photogrammetry;
Commission. All records of the Board, including the (5) Geodesy, Geodetic Surveying and Least Squares;
application for examination, examination papers and (6) Engineering Surveys and Construction Surveying;
results, minutes of deliberation, administrative cases and (7) Laws on Natural Resources including Laws on Property,
other investigations involving Geodetic Engineers shall be Land Registration and Agrarian Reform;
kept by the Commission. (8) Laws on Obligations and Contracts;
The Commission shall designate the Secretary of the Board (9) Code of Ethics of the Profession.
and shall provide the secretariat and other support The said subjects and their syllabi may be amended by the
services to implement the provisions of this Act. Board so as to conform to technological changes brought
Section 10. Annual report. - The Board shall, at the close about by continuing trends in the profession.
of each calendar year, submit an annual report to the Section 15. Rating in the board examinations. - To be
President of the Philippines through the Professional qualified as having passed the board examination for
Regulation Commission, giving detailed account of its Geodetic Engineers, a candidate must obtain a weighted
proceedings and accomplishments during the year and general average of seventy percent (70%), with no grade
make recommendation for the adoption of measures that lower than fifty-five percent (55%) in any given subject.
However, an examinee who obtains a weighted general
average rating of seventy percent (70%) or higher but Board of Geodetic Engineering may adopt. Plans and
obtains a rating below fifty-five percent (55%) in any given specifications prepared by, or under the direct supervision
subject must take the examination in the subject or of a registered Geodetic Engineer, shall be stamped with
subjects where he obtained a grade below fifty-five said seal during the validity of the professional license. No
percent (55%). person shall stamp or seal any document with the seal of a
Section 16. Report of ratings. - The Board shall submit to registrant after his professional license has expired or lost
the Commission the rating obtained by each candidate its validity unless he has been reinstated to the practice
within twenty (20) days after the examination, unless and/or unless his license has been renewed.
extended for just cause. Upon the release of the results of (b) No officer or employee of the government, chartered
the examination, the Board shall send by mail the rating cities, provinces and municipalities now or hereafter
received by each examinee at his given address using the charged with the enforcement of laws, ordinances or
mailing envelope submitted during the examination. regulations relating to all Geodetic Engineering practices
Section 17. Re-examination. - An applicant who fails to shall accept or endorse any survey plans or documents
pass the examination for the third time shall be allowed to which have not been prepared and submitted in full
take another examination only after the lapse of one year. accord with the provisions of this Act, nor shall any
Section 18. Oath. - All successful candidates in the payment be approved by any such officer for any work,
examination shall be required to take an oath of the plans and documents of which have not been so
profession before the Board or any government official prepared, signed and sealed by a duly licensed Geodetic
authorized to administer oaths, prior to entering upon the Engineer.
practice of the Geodetic Engineering profession. (c) No Geodetic Engineer shall sign his name, affix his seal
Section 19. Certificate of registration and professional or use any other method of signature on plans,
license. - A Certificate of Registration shall be issued to specifications or other documents made by or under
applicants who pass the examination for Geodetic another Geodetic Engineer's supervision unless the same
Engineers subject to payment of registration fees. is made in such manner as to clearly indicate the part of
The Certificate of Registration of a professional Geodetic such work actually performed by him; and no person,
Engineer shall bear the signatures of the Chairman of the except the Geodetic Engineer in charge, shall sign for any
Board and the Chairman of the Professional Regulation branch of work or any function of Geodetic Engineering
Commission and stamped with the official seal of the practice not actually performed by him. The Geodetic
Board indicating that the person named therein is a Engineer in charge shall be fully responsible for all plans,
registered Geodetic Engineer. specifications and other documents issued under his seal
A professional license bearing the registration number, or authorized signature.
date of issuance, expiry date and duly signed by the The Board shall formulate, adopt and promulgate all
Chairman of the Board, shall likewise be issued to every necessary rules and regulations for the effective
registrant, upon payment of the professional fees. No implementation of the provisions relating to the design of
person shall practice Geodetic Engineering in this country the seal, the signing and sealing of drawings,
unless such person shall have secured a license to practice specifications, reports and other documents by Geodetic
Geodetic Engineering in the manner herein provided. A Engineers.
licensee is entitled to practice the profession with all the (d) Plans and documents duly signed, stamped or sealed as
privileges appurtenant thereto until the expiration of the instruments of service are the property and documents of
validity of his license. the Geodetic Engineer, if the same has not been accepted
Section 20. Seal and use of seal. - (a) Each registrant shall, and/or paid.
upon registration, obtain the seal of such design as the
Section 21. Indication of License and Professional Tax may among themselves or with a person or persons
Receipt. - The Geodetic Engineer shall be required to properly registered and licensed as Geodetic Engineer,
indicate his professional license number, the duration of may form and obtain registration with the Securities and
validity, including the professional tax receipt number on Exchange Commission (SEC) of a firm, partnership or
the documents he signs, uses or issues in connection with association using the term "Geodetic Engineers," but
the practice of his profession. nobody shall be a member, partner or associate unless he
Section 22. Grounds for suspension and revocation of is a duly registered and licensed Geodetic Engineer, and
license, cancellation of temporary/special permit. - The the members who are Geodetic Engineers shall only
Board shall have the power, upon due notice and hearing, render work and services proper for a Geodetic Engineer
to revoke or suspend the license of a Geodetic Engineer, as defined in this Act.
or to cancel a temporary/special permit for any cause Section 25. Integration of the geodetic engineering
specified in the proceeding Sec.s, including but not limited profession. - The Geodetic Engineering profession shall be
to: the use or perpetration of any fraud or deceit in integrated into one (1) national organization which shall
obtaining a certificate of registration, or for incompetence, be recognized by the Board and by the Commission as the
negligence, or for abetment of the illegal practice of one and only integrated and accredited Association of
Geodetic Engineering; violation of the provisions of this Professional Geodetic Engineers.
Act, its implementing rules and regulations and/or Upon registration with the Board, every professional
violation of the policies of the Board including the Code of Geodetic Engineer shall automatically become a member
Ethics for Geodetic Engineers: Provided, however, That of the integrated and accredited national organization and
such action of the Board shall be subject to appeal to the shall receive the benefits and privileges appurtenant
Commission, within fifteen (15) days from written notice. thereto. Those who have been registered with the Board
ARTICLE V but not members of the said integrated and accredited

PRACTICE OF GEODETIC ENGINEERING organization at the time of the effectivity of this Act, shall

Section 23. Vested rights: automatic registration of be allowed to register as members of the said organization

practicing geodetic engineers. - All practicing Geodetic within three (3) years after the effectivity of this Act.

Engineers who are registered at the time this Act takes Membership in the integrated and accredited organization

effect, shall automatically be registered. shall not be a bar to membership in other associations of

Section 24. Practice not allowed for firms and the Geodetic Engineering profession.

corporations. - The practice of Geodetic Engineering is a Section 26. Foreign reciprocity. - No foreign Geodetic

professional service, admission to which shall be Engineer shall be issued a temporary license to practice

determined upon the basis of an individual's personal the Geodetic Engineering profession or consultancy

qualifications, for which the Geodetic Engineer is thereof or be entitled to any of the rights and privileges

responsible for the correctness of the survey work. No under this Act unless the country of which he is a subject

other person or government entity should go over the or citizen specifically permits Filipino Geodetic Engineers

work of the Geodetic Engineer unless found grossly to practice within its territorial limits on the same basis as

defective in connection with other works for which an the subjects or citizens of such foreign state or country.

investigation committee shall thereby be created and ARTICLE VI

commissioned by the Professional Regulation Commission. GENERAL PROVISIONS
No firm, company, partnership, association or corporation Section 27. Implementing rules and regulations. - Subject
may be registered or licensed as such for the practice of to the approval of the Commission, the Board shall adopt
Geodetic Engineering: Provided, however, That persons and promulgate such rules and regulations, including the
properly registered and licensed as Geodetic Engineers Code of Ethics for Geodetic Engineers, to carry out the
provisions of this Act, which shall be effective after thirty (b) Examination for Junior Geodetic Engineers shall cease
(30) days following their publication in the Official Gazette to be conducted upon effectivity of this Act;
or in a major daily newspaper of general circulation. (c) Incumbent Junior Geodetic Engineers may continue to
Section 28. Funding. - Such sums as may be necessary to practice as such for a period of five (5) years from
carry out the provisions of this Act shall be included in the effectivity of this Act, within which they shall be required
General Appropriations Act of the year following its to finish the Bachelor of Science in Geodetic Engineering
enactment into law and thereafter: Provided, however, course, the completion of which shall qualify them to take
That fifty percent (50%) of the fees derived from the Geodetic Engineer Licensure Examinations.
examination, registration and licenses shall be utilized by Section 31. Penalties. - In addition to the administrative
the Board to defray its administrative and other sanctions, any person who violates any of the provisions of
operational expenses, including the enhancement of the this Act shall, upon conviction, be penalized by a fine of
Geodetic Engineering profession. not less than Fifty thousand pesos (P50,000.00) nor more
Section 29. Enforcement. - The Professional Regulation than Two hundred thousand pesos (P200,000.00), or
Commission shall be the enforcement agency of the imprisonment of not less than six (6) months nor more
Board. As such, the Commission shall implement the than six (6) years, or both such fine and imprisonment, at
provisions of this Act, enforce its implementing rules and the discretion of the court.
regulations as adopted by the Board, conduct Section 32. Separability clause. - If any clause, provision,
investigations upon complaints, including violations of the paragraph or part hereof shall be declared
Code of Conduct of the profession and prosecute when so unconstitutional or invalid, such judgment shall not affect,
warranted. invalidate or impair any other part hereof, but such
Section 30. Transitory provisions. - (a) The existing Board judgment shall merely be confined to the clause,
of Geodetic Engineering shall continue to function in the provision, paragraph or part directly involved in the
interim until such time as the new Board shall be duly controversy upon which such judgment has been rendered
constituted pursuant to this Act.
 PHILIPPINE'S CONSTITUTION OF 1987
ARTICLE III: BILL OF RIGHTS
PREAMBLE Sec 1 • No person shall be deprived of life, liberty, or
We, the sovereign Filipino people, imploring the aid of property without due process of law, nor shall any person
Almighty God, in order to build a just and humane society be denied the equal protection of the laws.
and establish a Government that shall embody our ideals Sec 2 • The right of the people to be secure in their
and aspirations, promote the common good, conserve and persons, houses, papers, and effects against unreasonable
develop our patrimony, and secure to ourselves and our searches and seizures of whatever nature and for any
posterity the blessings of independence and democracy purpose shall be inviolable, and no search warrant or
under the rule of law and a regime of truth, justice, warrant of arrest shall issue except upon probable cause
freedom, love, equality, and peace, do ordain and to be determined personally by the judge after
promulgate this Constitution. examination under oath or affirmation of the complainant
ARTICLE I: NATIONAL TERRITORY and the witnesses he may produce, and particularly
The national territory comprises the Philippine describing the place to be searched and the persons or
archipelago, with all the islands and waters embraced things to be seized.

therein, and all other territories over which the Philippines Sec 9 • Private property shall not be taken for public use

has sovereignty or jurisdiction, consisting of its terrestrial, without just compensation.

fluvial, and aerial domains, including its territorial sea, the Sec 10 •No law impairing the obligation of contracts shall

seabed, the subsoil, the insular shelves, and other be passed.

submarine areas. The waters around, between, and ARTICLE VII: EXECUTIVE DEPARTMENT
connecting the islands of the archipelago, regardless of Sec 1 • The executive power shall be vested in the
their breadth and dimensions, form part of the internal President of the Philippines.
waters of the Philippines. ARTICLE XII: NATIONAL ECONOMYAND PATRIMONY
ARTICLE II: DECLARATION OF PRINCIPLES AND STATE Sec 2 • All lands of the public domain, waters, minerals,
POLICIES PRINCIPLES PRINCIPLES coal, petroleum, and other mineral oils, all forces of

Sec 1 • The Philippines is a democratic and republican potential energy, fisheries, forests or timber, wildlife, flora

State. Sovereignty resides in the people and all and fauna, and other natural resources are owned by the

government authority emanates from them. State.

Sec 2 • The Philippines renounces war as an instrument of • With the exception of agricultural lands, all other natural

national policy, adopts the generally accepted principles of resources shall not be alienated.

international law as part of the law of the land and • The exploration, development, and utilization of natural
adheres to the policy of peace, equally, justice, freedom, resources shall be under the full control and supervision of

cooperation, and amity with all nations. the State.

Sec 5 • The maintenance of peace and order, the • The State may directly undertake such activities or

protection of life, liberty, and property, and the promotion agreement:

of the general welfare are essential for the enjoyment by ❖co-production

all the people of the blessings of democracy ❖joint venture
Sec 6 • The separation of Church and State shall be ❖production-sharing agreements
inviolable REQUIREMENTS AND LIMITS;
• Must be Filipino citizens
• If Corporation or Associations it must be:
❖at least sixty percent (60) of whose capital is owned by determine, by law, the size of lands of the public domain

such citizens. which may be acquired, developed, held, or leased and the

❖Such agreements may be for a period not exceeding conditions therefor.

twenty-five years (25), renewable for not more than Sec 4 • The Congress shall, as soon as possible, determine

twentyfive years, (25) by law the specific limits of forest lands and national parks,

• The State shall protect the nation's marine wealth in its marking clearly their boundaries on the ground.

archipelagic waters, territorial sea, and exclusive economic • Thereafter, such forest lands and national parks shall be

zone (EEZ), and reserve its use and enjoyment exclusively conserved and may not be increased nor diminished,

to Filipino citizens. except by law.

• The President may enter into agreements with foreign- • The Congress shall provide, for such period as it may

owned corporations involving either technical or financial determine, measures to prohibit logging in endangered

assistance for large-scale exploration, development, and forests and watershed areas.

utilization of minerals, petroleum, and other mineral oils SEC 5 • The State, subject to the provisions of this

according to the general terms and conditions provided by Constitution and national development policies and

law, based on real contributions to the economic growth programs, shall protect the rights of indigenous cultural

and general welfare of the country. communities to their ancestral lands to ensure their

• In such agreements, the State shall promote the economic,social, and cultural well-being.

development and use of local scientific and technical • The Congress may provide for the applicability of

resources. customary laws governing property rights or relations in

• The President shall notify the Congress of every contract determining the ownership and extent of ancestral

entered into in accordance with this provision, within domain.

thirty days from its execution Sec 6 • The use of property bears a social function, and all

. Sec 3 • Lands of the public domain are classified into; economic agents shall contribute to the common good.

❖ Agricultural, Individuals and private groups, including corporations,

cooperatives, and similar collective organizations, shall
❖ Forest or timber,
have the right to own, establish, and operate economic
❖ Mineral lands,
enterprises,subject to the duty of the State to promote
❖ National parks.
distributive justice and to intervene when the common
• Agricultural lands of the public domain may be further
good so demands.
classified by law according to the uses to which they may
Sec 7 • Save in cases of hereditary succession, no private
be devoted.
lands shall be transferred or conveyed except to
• Private corporations or associations may not hold such
individuals, corporations, or associations qualified to
alienable lands of the public domain except by ;
acquire or hold lands of the public domain.
❖lease,
Sec 8 •Notwithstanding the provisions of Section 7 of this
❖for a period not exceeding twenty-five years (25), Article, a natural-born citizen of the Philippines who has
renewable for not more than twenty-five years (25), and lost his Philippine citizenship may be a transferee of
not to exceed one thousand hectares in area. private lands, subject to limitations provided by law.
• Citizens of the Philippines may lease not more than five
hundred hectares (500), or acquire not more than twelve AGRARIAN AND NATURAL RESOURCES REFORM
hectares (12) thereof by purchase, homestead, or grant.
Sec 4 • The State shall, by law, undertake an agrarian
• Taking into account the requirements of conservation,
reform program founded on the right of farmers and
ecology, and development, and subject to the
regular farmworkers, who are landless, to own directly or
requirements of agrarian reform, the Congress shall
collectively the lands they till or, in the case of other • It shall provide support to such fishermen through
farmworkers, to receive a just share of the fruits thereof. appropriate technology and research, adequate financial,
• the State shall encourage and undertake the just production, and marketing assistance, and other services.
distribution of all agricultural lands, subject to such • The State shall also protect, develop, and conserve such
priorities and reasonable retention limits as the Congress resources. The protection shall extend to offshore fishing
may prescribe, taking into account ecological, grounds of subsistence fishermen against foreign
developmental, or equity considerations, and subject to intrusion.
the payment of just compensation • Fishworkers shall receive a just share from their labor in
• In determining retention limits, the State shall respect the utilization of marine and fishing resources.
the rights of small landowners. The State shall further Sec 8 • The State shall provide incentives to landowners to
provide incentives for voluntary landsharing. invest the proceeds of the agrarian reform program to
Sec 5 • The State shall recognize the right of farmers, promote industrialization, employment creation, and
farmworkers, and landowners, as well as cooperatives, privatization of public sector enterprises.
and other independent farmers' organizations to • Financial instruments used as payment for their lands
participate in the planning, organization, and management shall be honored as equity in enterprises of their choice.
of the program, and shall provide support to agriculture
through appropriate technology and research, and URBAN LAND REFORM AND HOUSING
adequate financial, production, marketing, and other Sec 9 • The State shall, by law, and for the common good,
support services. undertake, in cooperation with the private sector, a
Sec 6 • The State shall apply the principles of agrarian continuing program of urban land reform and housing
reform or stewardship, whenever applicable in accordance which will make available at affordable cost decent
with law, in the disposition or utilization of other natural housing and basic services to underprivileged and
resources, including lands of the public domain under homeless citizens in urban centers and resettlement areas.
lease or concession suitable to agriculture, subject to prior • It shall also promote adequate employment
rights, homestead rights of small settlers, and the rights of opportunities to such citizens. In the implementation of
indigenous communities to their ancestral lands. such program the State shall respect the rights of small
• The State may resettle landless farmers and property owners.
farmworkers in its own agricultural estates which shall be Sec 10 • Urban or rural poor dwellers shall not be evicted
distributed to them in the manner provided by law. nor their dwelling demolished, except in accordance with
Sec 7 • The State shall protect the rights of subsistence law and in a just and humane manner.
fishermen, especially of local communities, to the • No resettlement of urban or rural dwellers shall be
preferential use of the communal marine and fishing undertaken without adequate consultation with them and
resources, both inland and offshore. the communities where they are to be relocated.
 LAWS ON NATURAL RESOURCESPD NO. 1151

PHILIPPINE ENVIRONMENTAL POLICY ❖Proposals for activities which are outside the scope of

❖Mandated the formulation of an intensive, integrated the management plan for protected areas shall be subject

program of environment protection that will bring about a to an environmental impact assessment

concerted efforts towards the protection of the entire ❖Shall secure Environmental Compliance Certificate (ECC)
spectrum of the environment through a requirements of under the Philippines Environmental Impact Assessment
environmental impact assessment and statements. (ELA) system
PD NO. 1152 PHILIPPINE ENVIRONMENT CODE ❖ No exploitation and utilization of energy resources
❖Basic policy on the management and conservation of the found within NIPAS shall be allowed unless through a law
country’s natural resources passed by congress.

❖Provides for the development of the standards and PHILIPPINE MINING ACT OF 1995 (RA 7942)
management framework for the following areas of CA NO. 137 MINING ACT (OLD LAW)
concern: ❖Expressly adopted the Regalian Doctrine, prohibits the
❑Air quality management alienation of mining lands and granting only lease rights.
❑Water quality management ❖Then RA 7942 (Philippine Mining Act of 1995)-NEW

❑Land use management LAW, was enacted, instituting a new system for the

RA 7586: NIPAS NATIONAL INTEGRATED PROTECTED exploration, development, utilization and conservation of

AREAS SYSTEM ACT OF 1992 the natural resources of the country

OWNERSHIP OF MINERALS RESOURCES
❖Provides for the establishment and management of a
national integrated areas system ❖Mineral resources are owned by the state and the

THE FOLLOWING ARE PROTECTED AREAS: exploration, development, utilization and processing
thereof shall be under its full control and supervision.
1. Strict nature reserve
2. Natural parks ❖The state may directly undertake such activities or it my

3. Natural monument enter into MINERAL AGREEMENTS with the contractors

4. Wildlife sanctuary IMPORTANT TERMSMINERALS

5. Protected landscaped and seascapes ❖Refers to all naturally occurring inorganic substance in
6. Resource reserve solid, gas, liquid or any intermediate state excluding
7. Natural biotic areas energy materials such as coal, petroleum, natural gas,
BUFFER ZONES radioactive materials and geothermal energy.

❖Identified areas outside the boundaries of and CLASSIFICATION OF MINERALS

immediately adjacent to designated protected areas that ❖ First group – metals or metalliferous ores
need special development control in order to avoid or ❖ Second group – precious stones
minimize harm to the protected area. ❖ Third group – fuels
PROTECTED AREA MANAGEMENT BOARD ❖ Fourth group – saline and minerals waters
❖Decide the allocations for budget, approve proposals for ❖ Fifth group – building stone in place, clays, fertilizers
funding, decide matters relating to planning, peripheral and other non-metals
protection and general administration of the area in MINERAL RESOURCES
accordance with the management strategy.
❖ Means any concentration of minerals / rocks with
ENVIRONMENTAL IMPACT ASSESSMENT
potential economic value
MINERAL LAND 3.Financial or Technical Agreement (FTAA)

❖Lands containing deposits of valuable, useful, or SECTION 12 – RA 7942

precious minerals in such quantities as to justify ❖ Survey, charting and delineation of mining areas

expenditures in the effort to extract them, and which are ❖A sketch plan or map of the contract or mining area
more valuable for the minerals they contain than for prepared by a deputized geodetic engineer suitable for
agricultural or other uses publication purposes shall be required during the filling of
MINING AREA a mineral agreement or financial or technical assistance
❖Means a portion of the contract area identified by the agreement application. Thereafter, the contract or mining

contractor for purposes of development, mining, area shall be surveyed and monumented by a deputized

utilization and sites for support facilities or in the geodetic engineer or bureau geodetic engineer and the

immediate vicinity of the mining operations SURVEY PLAN SHALL BE APPROVED BY THE DIRECTOR

LOAD MINERAL CLAIM BEFORE THE APPROVAL OF THE MINING FEASIBILITY.

❖A parcel of mineral land containing a vein, lode, lodge or EXPLORATION

mass or ore in place which has been located in accordance ❖ Means the searching or prospecting for mineral

with law. resources by geological, geochemical or geophysical

BLOCK OR MERIDIONAL BLOCK surveys, remote sensing, test pitting, trenching, drilling,

❖ An area bounded by one-half (1/2) minute of latitude shaft sinking, tunneling or any other means for the

and one half-minute (1/2) of longitude, containing purposes of determining the existence, extent, quality

approximately eightyone hectares (81 has) thereof and the feasibility of mining them for profit.

EXCLUSIVE ECONOMIC ZONE (EEZ) EXPLORATION PERMIT

❖The waters, sea button and subsurface measured from ❖Mine and geosciences bureau grants the right to

the baseline of the Philippine archipelago up two hundred conduct exploration for all minerals in specified areas to a

nautical miles (200 n.m) offshore qualified person.

ORE ❖Such permit does not amount to an authorization to

❖ Means a naturally occurring substance or material from extract and carry of the mineral resources that may be

which a mineral or element can be mined and / or discovered.

processed for profit ❖Term: ❑ For a period of two (2) years from the date of

MINES AND GEOSCIENCES BUREAU (MGB) issuance, renewable for not more than 4 years (non-

❖ FUNCTIONS metallic) or 6 years (metallic)

❑ Direct charge in the administrations and dispositions of MINIMUM AREA FOR EXPLORATION PERMIT INDIVIDUAL
CORPORATION, ASSOCIATION, COOPERATIVES
mineral lands and mineral resources
Onshore ( 1 province) 20 blocks 200 blocks Onshore (
❑ undertake geological, mining, metallurgical, chemical
entire Philippines) 40 blocks 400 blocks Offshore (beyond
and other researchers as well as mineral exploration
500m from mean low tide level) 100 blocks 1000 blocks
surveys
MINERAL AGREEMENT
❑ to recommend to the secretary the granting Mineral
❖Shall grant to the contractor the exclusive right to
Agreement or to endorse to the secretary for action by the
conduct mining operations and to extract all mineral
President the grant of Financial or Technical Assistance
resources found in the contract area
Agreement (FTAA)
❖Terms: ❑ Not exceeding 25 years from the date of
MINING OPERATIONS
execution and renewable for another term not exceeding
1.Exploration
25 years
2.Mineral agreement
❖ or the purpose of mining operations, a mineral ❖Eligibility: any qualified person or corporation,
agreement may take the following forms: partnership, association or cooperation with less than 50
a. Mineral Production sharing Agreement (MPSA) percent of capital owned by Filipino is deemed qualified.
b. Co – production agreement (CA) MAXIMUM CONTRACT AREA AND TERM FOR FTAA
c. Joint Venture Agreement (JVA) a. Onshore – 1000 meridional blocks
MINERAL PRODUCTION SHARING AGREEMENT (MPSA) b. Offshore – 4000 meridional blocks
❖An agreement where the government grants to the ❖ Term: ❑Not exceeding 25 years from the date of
contractor the exclusive right to conduct mining execution and renewable for another term not exceeding
operations within a contract area and shares in the gross 25 years ❑Note: FTAA shall be negotiated by the
output. The contractor shall provide the financing, Secretary of DENR and approved by the president. Then,
technology , management and personnel necessary for the the president shall notify the Congress.
implementation of this agreement. QUARRY RESOURCE
CO- PRODUCTION AGREEMENT (CA) ❖ Quarry sand and gravel, guano and gemstone resource
❖An agreement between the government and the in private or public lands may be extracted, renowned and
contractor wherein the government shall provide inputs to disposed or utilized (common stones or common minerals)
the mining operations other than the mineral resources. ❖In large scale quarry operations involving cement raw
JOINT VENTURE AGREEMENT (JVA) materials, marble, granite and sand and gravel and
❖An agreement where a joint venture company is construction aggregates, any qualified person may apply.
organized by the government and the contractor with QUARRY PERMIT
both parties having equity shares. Aside from earning in ❖Any qualified person may apply for a quarry permit with
equity, the government shall be entitled to a share in the the provincial / city mining regulatory boards
gross output. ❖Term:❑5 years from the date of issuance renewable for
ELIGIBILITY TO APPLY FOR MINERAL AGREEMENT
like period but not exceed a total term of 25 years.
❖Individual must be a Filipino citizen of legal age and SECTION 103 OF RA 7942 THEFT OF MINERALS
with the capacity to contract. ❖Any person extracting minerals and disposing the same
❖Corporation, partnership, association or cooperative without a mining agreement, lease permit, license, or
must be organized or authorized for the purpose of steals minerals or ores or the products thereof from mines
engaging in mining, duly registered and at least 60 percent or mills or processing plants shall, upon conviction, be
of the capital is owned by Filipino. imprisoned from six (6) months to six (6) years or pay a
MAXIMUM AREA FOR MINERAL AGREEMENT INDVIDUAL fine from ten thousand (10,000) to twenty thousand
CRPORATION, ASSOCIATION, COOPEROATIVE (20,000) or both, at the discretion of appropriate court.
Onshore ( 1 province) 10 blocks 100 blocks PEOPLE’S SCALE MINING ACT OF 1991
Onshore ( Entire Philippines) 20 blocks 200 blocks (RA NO. 7076)SMALL-SCALE MINING
Offshore ( beyond 500m from mean low tide level) 50 ❖Refers to mining activities that rely heavily on manual
blocks TIP: For easy recall, it is just a half of the maximum
labor using simple tools and methods. It does not use
area in exploration permit 500 blocks
explosives or heavy mining equipment and requires only a
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT
small capital investment.
(FTAA) (FOR LARGE SCALE MINING)
PD 1899: IMPLEMENTATION OF THE SMALL SCALE MINING
❖Defined as a contract involving financial or technical IN THE PHILIPPINES
assistance for large – scale exploration, development and ❖Philippine mining industry has always been dominated
utilization of natural resources.
by a large scale mining operations.
❖There exist small mineral deposits that are being or and disposable, nor any forest land fifty percent (50) in

could be worked profitably at small tonnages requiring slope or over, as grazing land.

minimal capital investment utilizing manual labor. GAME REFUGE OR BIRD SANCTUARY

❖The development of these small minerals deposits will ❖Refers to a forest land designated for the protection of

generate more employment opportunities , thereby game animals, birds and fish and closed to hunting and

alleviating the living conditions in the rural areas and will fishing in order that the excess population may flow and

contribute additional foreign exchange earnings. restock surrounding areas.

SMALL SCALE MINING CONTRACTS CRITICAL WATERSHED

❖Awarded by the provincial / city mining regulatory ❖Drainage area of a river system supporting existing and

board to small scale miners who have voluntarily proposed hydro-electric power and irrigation works

organized and have been registered as an individual miner needing immediate rehabilitation as it is being subjected

or cooperative to a fast denudation causing accelerated erosion and

❖ Terms: 2 years renewable for like periods ❖ Area: destructive floods. It is closed from logging until it is fully

should not exceed 20 hectares per contractor rehabilitated.

PD 705 “ REVISED FORESTRY CODE OF THE LEASE

PHILIPPINES”FOREST MANAGEMENT BUREAU (UNDER ❖ Privilege granted by the state to a person to occupy and

DENR) posses, in consideration of a specified rental, any forest

❖ Has authority over all forest land, grazing lands, and all land of the public domain in order to undertake any

forest reservations including watersheds reservation authorized activity therein.

presently administered by other government agencies or LICENSE

instrumentalities ❖Privilege granted by the state to a person to utilize

❖ It shall be responsible for the protection, development, forest resources as I any forest land, without any right of

management. Regeneration, and reforestation of forest occupation and possession over the time, to the exclusion

lands; the regulation and supervision of the operation of of others, or establish and operate a wood processing

licenses, lessees and permittees for the taking or use of plant, or conduct any activity involving the utilization of

forest products therefrom or the occupancy or use any forest resources.

thereof. LICENSE AGREEMENT

❖ The implementation of multiple use and sustained yield ❖Privilege granted by the state to a person utilize forest

management in forest lands; the protection, development resource within any forest land with the right of

and preservation of national parks, marine parks, game possession and occupation thereof to the exclusion of

refuges and wildlife others, except the government, but with the

❖ The implementation of measure and programs to corresponding obligation to develop, protect and
rehabilitate the same in accordance with the terms and
prevent kaingin and managed occupancy of forest and
conditions set forth in said agreement.
grazing lands; in collaboration with other bureaus, the
PERMIT
effective, efficient and economic classification of lands of
the public domain; and the enforcement of forestry. ❖A short – term privilege or authority granted by the

Reforestation, parks, game and wildlife laws, rules and state to a person to utilize any limited forest resource or

regulations. undertake a limited activity with any forest land without

CLASSIFICATION OF FOREST LANDS any right of occupation and possession therein.

❖Topography - no land of the public domain eighteen SECTION 27 OF PD 705

percent (18) in slope or over shall be classified as alienable ❖ Duration of license agreement or license to harvest
timber in forest lands. The duration of the privilege to
harvest timber in any particular forest land under a license ❖The law of the Sea Convention defines the rights and
agreement or license shall be fixed and determined in responsibilities of nations in their use of the world oceans
accordance with the annual allowable cut therein, the establishing guidelines for business, the environment and
established cutting cycle thereof, the yield capacity of the management of marine natural resources
harvestable timber, and the capacity of healthy residuals ❖Philippines is a signatory of said international
for a second growth. agreement.
❖ The privilege shall automatically terminate, even LIMITS OF MARITIME ZONES TERRITORIAL SEA
before the expiration of the license agreement of license, ❖Sovereignty of a coastal state extends beyond its land
the moment the harvestable timber have been utilized territory and internal waters to an adjacent belt of sea: the
without leaving any logged – over area capable of territorial sea.
commercial utilization. ❖Breadth: up to 12 nautical miles, measured from the
❖ The maximum period of any privilege to harvest timber baselines.
is twenty fiver (25) years, renewable for a period, not ❖Entitlement: inherent part of the territory of a coastal
exceeding twenty five (25) years, necessary to utilize all
state – legislative and enforcement jurisdiction.
the remaining commercial quantity or harvestable timber
INNOCENT PASSAGE THROUGH TERRITORIAL SEA
either from the unlogged or logged over area.
❖Foreign ships have the right of innocent passage
PD 1067 WATER CODE OF THE PHILIPPINESEASEMENT OF
through the territorial sea of a coastal state.
DRAINAGE
❑Continuous and expeditious passage through territorial
❖ Lower estates are obliged to receive the waters which
sea or to/from internal waters
naturally and without the intervention of man flow from
❑Subject to certain laws of coastal state (e.g. Prevention
the higher estate, as well as the stone or earth which they
of infringement of customs, fiscal, immigration or sanitary
carry with them.
laws)
❖ The owner of the estate can not construct works which
CONTIGUOUS ZONE
will impede this natural flow, unless he provides an
❖Maritime zone contiguous and seaward of the
alternative method of drainage; neither can the owner of
territorial sea, from the outer limit of the territorial sea to
the higher estate make works which will increase this
up 24 nautical miles, measured from the baselines.
natural flow, otherwise, he will be liable for damages.
❖Entitlement: the coastal state may claim it.
ARTICLE 51 OF THE WATER CODE
❖The coastal state may exercise the control necessary to
❖The banks of rivers and streams and the shores of the
prevent and punish infringement of customs, fiscal,
seas and lakes throughout their entire length and within a
immigration or sanitary laws within the territory or
zone of three (3) meters in urban areas, twenty (20)
territorial sea.
meters in agricultural areas and forty (40) meters in forest
EXCLUSIVE ECONOMIC ZONE
areas, along their margins are subject to the easement of
❖The exclusive economic zone (EEZ) is an area beyond
public use in the interest of recreation, navigation,
and adjacent to the territorial sea.
floatage, fishing and salvage.
❖Breadth: from the outer limit of the territorial sea to up
❖No person shall be allowed to stay in this zone longer
to 200 nautical miles, measured from the baselines.
than what is necessary for recreation, navigation, floatage,
fishing or salvage or to build structures of any kind. ❖Entitlement: Exploring and exploiting, conserving and

SPECIAL LECTURES ON UNCLOSOVERVIEW OF UNCLOS managing natural resources, whether living or non-living.

❖The United Nations Convention on the Law of the Sea HIGH SEAS

(UNCLOS) is an international agreement in Montego bay, ❖ High Seas: parts of the sea which are not included in the

Jamaica (1982) exclusive economic zone, in the territorial sea or in the

internal waters of a state, or in the archipelagic waters of
an archipelagic state.
❖ High seas are not subject to the jurisdiction of any state

❖ open to all state, whether coastal or land-locked.

AERIAL DOMAIN
❖This refers to the airspace above the land and waters of
the state but excluding the outer space.
❖This reference is based from the 2017 GE BOARD EXAM
REVIEW HANDOUTS