An immediate review of the presidential guarantee shows that it only ensures that PICOP is obliged to comply with the terms of its timber license and guarantees the peaceful and appropriate ownership and enjoyment of the areas that are the basic sources of raw materials for its woodworking complex. The warranty only covers the right to cut, collect and remove timber on its property and does not extend to the use of other resources, such as mineral resources. B, which occur in the concession. Of course, all licenses can be revoked or revoked by an action of the executive. It is not a contract, property or property right protected by the appropriate procedural clause of the Constitution. In Tan v. Director of Forests, this court ruled: This license is granted to said part of the second party under the following express conditions: If it does not violate certain provisions of the Constitution. The Constitution says 25 years plus 25 years more, that is the end. You say that a president of the Philippines can give someone a 1,000-year license with respect to PICOP`s claim that the application of a 1991 law violates the prohibition of the non-retroactivity provision in Section 4 of the Civil Code, we must remind PICOP that it is asking for an IFMA for a period from 2002 to 2027. Article XII of article 2 of the Constitution authorizes the existence of user contracts only “for a maximum period of twenty-five years, renewable for a maximum of twenty-five years”. PicOP cannot therefore legally claim that the duration of the project began in 1952 and extends to the present day.
In fact, picop argues that the DENR promulgated DAO No. 99-53 to provide a means of circumventing the provisions of the Constitution that limit agreements on the use of natural resources to a maximum period of fifty years. However, official duties are unquestionably considered to be performed regularly35 and good faith is always assumed. 3. to respect and respect the guarantees of the State and the contractual obligations towards PICOP in strict accordance with the guarantee and the agreement of 29 July 1999 (sic) between the Government and the predecessor of picoP in the interest (annexes “H”, “H-1” to “H-5”), in particular the following: The peaceful and reasonable enjoyment of your territory by you, as stated in your aforementioned Modified Timber License Agreement #3. 43 is justified herein provided that the relevant laws, regulations and terms of your license agreement are complied with. The power to issue licenses derives from the police power of the state, which is known as “the most essential, persistent and least limited powers that extend to all major public needs.” 49 Undertakings affecting the general interest, such as the operation of public services and those relating to the exploitation of natural resources, are required by law to acquire licences. This is done so that the state can regulate their activities and thus protect the public interest. Although these licenses come in the form of “agreements”, e.B.
“Timber licence agreements” cannot be considered contracts within the meaning of the non-depreciation clause.50 The defendant`s secretary breached the contractual obligation arising from a valid and binding guarantee and an agreement of 29 July 1969 between the Government and picoP`s predecessor in the interest of refusing to comply with: (a) the term of office of PICOP; and its extension of an additional twenty-five (25) years in the area of CTA No. 43 covered by this Agreement; (b) the exclusive right to cut, collect and remove sawn wood and pulp; and (c) the peaceful and appropriate use of the area. b) PICOP possession of said TLA Area No. 43 and exclusive right to cut, collect and remove sawn wood and pulp for the period up to 26. April 1977; and this period may be extended by a further 25 years, provided that constitutional and legal requirements as well as the existing policy on forest concessions are respected; andcralawlibrary I. This authority is hereby granted to the Party to Part Two43 to cut, collect or remove firewood or other minor forest products from the area covered by this License Agreement, unless otherwise specified below. .