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Philippine Bar review · Question

Practice question: Exploration, Development, and Use of Natural Resources

Multiple Choice Hard

Practice question

A foreign mineral contractor’s agreement permits ordinary staffing and operational decisions but preserves the State’s legally effective power to direct overall strategy, regulate operations and set aside or modify plans. An opponent claims constitutional control requires government approval of each routine purchase and work assignment. Which is best under the December 2004 main resolution?
  1. Every routine purchase must always be personally approved by the President
  2. The contractor must have no management role of any kind
  3. Full control need not mean micromanaging every detail when meaningful State authority is retained
  4. The contractor thereby owns all unextracted minerals
  5. The State must renounce every environmental power

Legal references

  • La Bugal-B’laan Tribal Association v. Ramos, G.R. No. 127882, December 1, 2004, main resolution: https://lawphil.net/judjuris/juri2004/dec2004/gr_127882_2004.html

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