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State
Duties to Coastal Communities: The 1987 Constitution |
The 1987 Constitution
contains provisions dealing with its absolute control over natural
resources, including fisheries and other coastal resources, while
also giving attention to coastal communities. With respect to fisheries
in particular, the Constitution mandates the State to protect coastal
communities and small fisherfolk. This mandate is generally intended
to be implemented by the Fisheries Code of 1998.
Article
II
SECTION
16. The State shall protect and advance the right of the people
to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
Article
XII
SECTION
2. All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino citizens,
or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may be
provided by law. In cases of water rights for irrigation, water
supply, fisheries, or industrial uses other than the development
of water power, beneficial use may be the measure and limit of the
grant.
The State shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve
its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and fishworkers in rivers,
lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations
involving either technical of financial assistance for large-scale
exploration, development, and utilization of minerals, petroleum,
and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth
and general welfare of the country. In such agreements, the State
shall promote the development and use of local scientific and technical
resources.
The President shall notify the Congress of every contract entered
into in accordance with this provision, within thirty days from
its execution.
Article
XIII
SECTION
7. The State shall protect the rights of subsistence fishermen,
especially of local communities, to the preferential use of local
marine and fishing resources, both inland and offshore. It shall
provide support to such fishermen through appropriate technology
and research, adequate financial, production, and marketing assistance,
and other services. The State shall also protect, develop, and conserve
such resources. The protection shall extend to offshore fishing
grounds of subsistence fishermen against foreign intrusion. Fishworkers
shall receive a just share from their labor in the utilization of
marine and fishing resources.
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