DENR MANDATE, MISSION, VISION & MAJOR FUNCTION

MANDATE

The Department is the primary government agency responsible for the conservation,
management, development, and proper use of the countrys environment and natural
resources, specifically forest and grazing lands, mineral resources, including those in
reservation and watershed areas, and lands of the public domain, as well as the licensing and
regulation of all natural resources as may be provided for by law in order to ensure equitable
sharing of the benefits derived therefrom for the welfare of the present and future
generations of Filipinos.

To accomplish this mandate, the Department shall be guided by the following objectives:

Assure the availability and sustainability of the country's natural resources through judicious
use and systematic restoration or replacement, whenever possible

Increase the productivity of natural resources in order to meet the demands for forest,
mineral, and land resources of a growing population;

Enhance the contribution of natural resources for achieving national economic and social
development;

Promote equitable access to natural resources by the different sectors of the population; and

Conserve specific terrestrial and marine areas representative of the Philippine natural and
cultural heritage for present and future generations.

MISSION

To mobilize our citizenry in protecting, conserving, and managing the environment and
natural resources for the present and future generations.

VISION

"A nation enjoying and sustaining its natural resources and clean and healthy environment."

MAJOR FUNCTIONS

DENR is tasked to formulate and implement policies, guidelines, rules and regulations relating
to environmental management and pollution prevention and control.

Formulate implement and supervise the government's policies, plans and programs pertaining
to the management, conservation, development, use and replenishment of the country's
natural resources and ecological diversity; and

Promulgate and implement rules and regulations governing the exploration, development,
extraction, disposition, and use of the forests, lands, minerals, wildlife, and other natural
resources.

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 BMB MANDATE, MISSION, VISION & MAJOR FUNCTION

MANDATE

Establishing and Managing Protected Areas

Conserving Wildlife

Promoting and Institutionalizing Ecotourism

Managing Coastal Biodiversity and Wetlands Ecosystems

Conserving Caves and Cave Resources

Information and Education on Biodiversity and Nature Conservation

Managing Ninoy Aquino Parks and Wildlife Center and the Hinulugang Taktak National Park

Negotiating biodiversity-related Multilateral Environmental Agreements and Monitoring

National Implementation

VISION

Philippine Biodiversity that provides natural resiliency and sustained benefits for all.

MISSION

To conserve and sustainably manage the country's biodiversity thru:

Strengthening the implementation of NIPAS and fostering other effective area-based

conservation measures

Promotion of biodiversity-friendly livelihoods; and

Mainstreaming across all sectors of government and society

MAJOR FUNCTIONS

Formulate and recommend policies, guidelines, rules and regulations for the establishment
and management of an Integrated Protected Areas System such as national parks, wildlife
sanctuaries and refuge, marine parks and biospheric reserves;

Formulate an up-to-date listing of endangered Philippine flora and fauna and recommend a
program of conservation and propagation of the same;

Formulate and recommend policies, guidelines and rules for the conservation of the three (3)
components of biological diversity: genetic resources, ecosystems and endangered species of
Philippine flora and fauna;

Assist the Secretary in the monitoring and assessment of the management of the Integrated
Protected Areas System and provide technical assistance to the Regional offices in the
implementation of programs for these areas.

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 REGALIAN DOCTRINE

Under the Regalian doctrine which is embodied in Section 2, Article XII of the 1987
Constitution, all lands of the public domain belong to the State, which is the source of any
asserted right to ownership of land. All lands not appearing to be clearly within private
ownership are presumed to belong to the State. Unless public land is shown to have been
reclassified or alienated to a private person by the State, it remains part of the inalienable
public domain. To overcome this presumption, incontrovertible evidence must be established
that the land subject of the application is alienable or disposable.

To prove that the land subject of an application for registration is alienable, an applicant must
establish the existence of a positive act of the government such as a presidential
proclamation or an executive order; an administrative action; investigation reports of Bureau
of Lands investigators; and a legislative act or a statute. The applicant may also secure a
certification from the Government that the lands applied for are alienable and disposable.

DOCTRINE OF PRIMARY JURISDICTION

"The general rule is that before a party may seek the intervention of the court, he should first
avail of all the means afforded him by administrative processes. The issues which
administrative agencies are authorized to decide should not be summarily taken from them
and submitted to a court without first giving such administrative agency the opportunity to
dispose of the same after due deliberation.

Corollary to the doctrine of exhaustion of administrative remedies is the doctrine of primary

jurisdiction; that is, courts cannot or will not determine a controversy involving a question
which is within the jurisdiction of the administrative tribunal prior to the resolution of that
question by the administrative tribunal, where the question demands the exercise of sound
administrative discretion requiring the special knowledge, experience and services of the
administrative tribunal to determine technical and intricate matters of fact."

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

The doctrine of exhaustion of administrative remedies requires that before a party is allowed
to seek the intervention of the court, he or she should have availed himself or herself of all
the means of administrative processes afforded him or her. Hence, if resort to a remedy
within the administrative machinery can still be made by giving the administrative officer
concerned every opportunity to decide on a matter that comes within his or her jurisdiction,
then such remedy should be exhausted first before the courts judicial power can be sought.
The premature invocation of the intervention of the court is fatal to ones cause of action. The
doctrine of exhaustion of administrative remedies is based on practical and legal reasons. The
availment of administrative remedy entails lesser expenses and provides for a speedier
disposition of controversies. Furthermore, the courts of justice, for reasons of comity and
convenience, will shy away from a dispute until the system of administrative redress has
been completed and complied with, so as to give the administrative agency concerned every
opportunity to correct its error and dispose of the case. Indeed, the administrative agency
concerned in this case the Commission Proper is in the best position to correct any
previous error committed in its forum.

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The CA is further justified in refusing to take cognizance of the petition for review, as [t]he
doctrine of primary jurisdiction does not warrant a court to arrogate unto itself the authority
to resolve a controversy the jurisdiction over which is initially lodged with an administrative
body of special competence. When petitioners recourse lies in an appeal to the Commission
Proper in accordance with the procedure prescribed in MC 19, the CA may not be faulted for
refusing to acknowledge petitioner before it.

Exceptions To The Doctrine Of Exhaustion Of Administrative Remedies

The doctrine of exhaustion of administrative remedies is a cornerstone of our judicial system.

The thrust of the rule is that courts must allow administrative agencies to carry out their
functions and discharge their responsibilities within the specialized areas of their respective
competence. It has been held, however, that the doctrine of exhaustion of administrative
remedies and the doctrine of primary jurisdiction are not ironclad rules. In the case of
Republic of the Philippines v. Lacap the Court enumerated the numerous exceptions to these
rules, namely: (a) where there is estoppel on the part of the party invoking the doctrine; (b)
where the challenged administrative act is patently illegal, amounting to lack of jurisdiction;
(c) where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant; (d) where the amount involved is relatively so small as to make the rule
impractical and oppressive; (e)where the question involved is purely legal and will ultimately
have to be decided by the courts of justice; (f) where judicial intervention is urgent; (g)
where the application of the doctrine may cause great and irreparable damage; (h) where the
controverted acts violate due process; (i) where the issue of non-exhaustion of administrative
remedies has been rendered moot; (j) where there is no other plain, speedy and adequate
remedy; (k) where strong public interest is involved; and (l) in quo warranto proceedings.

CLASSIFICATION OF PUBLIC LANDS OPEN TO DISPOSITION

> Classification is an executive function

> Lands of the public domain which are alienable or open to disposition may be further
classified as agricultural, residential, commercial, or industrial, or for similar productive
purposes, educational, charitable, or other similar purpose, and reservations for townsites
and for public and quasi-public uses

MODES OF DISPOSITION

1. For homestead settlement

2. By sale

3. By lease

4. By confirmation of imperfect or incomplete title

a. By judicial legalization

b. By administrative legalization or free paten