• To develop a self reliant and independent national economy effectively controlled by Filipinos,
• To promote industrialization and full employment;
• To protect Filipino enterprises against unfair foreign competition and trade practices;
• To give all economic sectors and regions of the country optimum opportunity to develop; and
• To encourage privative enterprises, including corporations, cooperatives and similar collective organizations to broaden the base of their ownership.
Guidelines in the development of the National Economy
Economy effectively controlled by Filipinos
Protection of Filipino Enterprises
Permanent protection not
Contemplated
When protection- Justified
Section II
- All natural resources with the exception of agricultural lands shall not be alienated unless with the ordered by the government.
- Exploration, development, and utilization of natural resources shall be under full control and supervision of the state.
- The State may directly undertake such activities.
- The agreement may be for a period not exceeding twenty-five years.
- Protection of nation marine wealth.
- Small-scale utilization of natural resources.
- Agreements with foreign corporations.
- Notification to the congress.
State Ownership of Natural Resources
"All minerals, coal, etc. found either in public lands or private lands belong to the State."
Presumption of State ownership
Exploration, Development and Utilization of Natural Resources
Former Scheme
- Exploration of Natural Resources may be granted by the government through license, concession or lease.
Government's role was really just to give permission.
- More Active Role of the State
- Options Available to State
- Protection of Marine Wealth
- Technical or Financial Assistance with Foreign-owned corporations
Conditions:
- It must involve either technical or financial assistance.
- It must be a large-scale exploration.
- Its provisions must be according to the general terms and conditions provided by the law.
- The President should notify the congress of the contract 30 days from its execution.
- The state shall promote the development and use of local scientific and technical resources.
This section expressly recognizes the legal existence and identity of indigenous cultural communities and their rights with respect to their ancestral lands
1) Communal ownership of lands – The indigenous people always has to deal this problem ownership. They are handicapped by their inability to articulate their needs especially their claim to ownership.
2) Applicability of indigenous customary laws – The Constitution has opened the possible state recognition by means of legislation of the applicability of indigenous customary laws governing property rights or relations, as part of the laws of the lands, in determining the ownership and extent of ancestral domain.
Article XII: National Economy and Patrimony
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Monday, February 17, 2014
Vol XCIII, No. 311
Section 1
National Economy
Equity
The Concept of National Economy and Patrimony
The entire structure of economic life in a country.
Main Goal
- Opportunities
- Income
- Wealth
Achieve economic growth and development, and improvement of the material welfare of the people.
National Patrimony
Three-fold Goals of the National Economy
Sustained increase in the amount of goods and services produced by the nation for the benefit of the people.
Growth
Includes:
- All lands of the Public domain
- Waters
- Mineral
- Coal
- Petroleum
- Mineral Oils
- Potential Energy
- Fisheries
- Forests or timber
- Wildlife
- Flora
- All marine wealth in its archipelagic waters, Territorial sea an exclusive Marine zone.
- Historical landmarks
GDP AND GNP
Productivity
The ability, capacity or degree for effectiveness for making greater output out of every unit input employed.
Mandate to The State
What's Your Role on Our National Patrimony?
According to Section 1
Regalian Doctrine
Against unfair foreign competition and trade practices
"All lands of public domain belong to the state and lands not otherwise appearing to be clearly within private ownership are presumed to belong to the state."
Alienation of Agricultural Lands of the Public Domain
- The State is not authorized to alienate, not even Filipino citizens, the natural resources of the country.
- Only agricultural lands of public domain may be alienated and only to Filipino citizens.
- to citizens of the Philippines or corporation whos 60% of the capital is owned by a Filipino.
SECTION III
- Small scale utilization on natural resources by Filipino Citizens.
- Cooperative fish-farming.
- Forest dwellers.
- Gold panners.
Classification of lands of the public domain
1. Under the constitution
- Agricultural
- Forest and timber
- Mineral
- National Parks
Agreement may be for a period not exceeding twenty-five years
2. Further classification by law of agricultural lands.
Archipelagic waters, territorial Sea, exclusice economic zones
Basis and Rationale
of Classification
SECTION IV
2. Safeguard against land speculation
The congress hall, 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 nor diminished, except by law. The congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.
Determination of size of Landholdings thereof
Maximum Size of Landholdings
Prof. Emmanuel J. Lopez
- Restrictions imposed by the constitution
- Reasons for provision
Congress to determine specific limits of forests lands and national parks
TEACHES ETAR, MICRO ECONOMICS, HEALTH ECON, INT’L ECON AT The UNIVERSITY OF SANTO TOMAS
BACHELOR OF ARTS MAJOR IN ECONOMICS
UNIVERSITY OF SANTO TOMAS
MASTER IN BUSINESS ADMINISTRATION
UNIVERSITY OF SANTO TOMAS
UNIVERSITY OF SANTO TOMAS COORDINATOR FOR ECONOMICS
DOCTOR OF PHILOSOPHY IN ECONOMICS
UNIVERSITY OF SANTO TOMAS
1) Conservation of forest lands and national parks
BUSINESS COLUMNIST AT THE MANILA TIMES
CONSULTANT AT COLORPOINT CLASSICS
- a) To determine as soon as possible by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground
- b) To provide, for such period as it may determine measures to prohibit logging in endangered forests and watershed areas. Forest lands and national parks whose boundaries have been marked as provided by law are to be conserved
2) Prohibition of logging
SECTION V
The state, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domains