Opinion > Columns
The problem of private property rights inside protected areas

THE Constitution clearly stipulates the fundamental policy of the state to respect private property rights. The protection of property is declared as a fundamental principle of the State in Article II, Section 5, which reads: 'The maintenance of peace and order, the protection of life, liberty and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.' However, the Constitution also secured citizens' environmental rights as a fundamental policy in 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.'

The rights to private property are further affirmed in Section 1 of Article III, or the Bill of Rights, where it is stated that '[n]o person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws,' and in Section 9, which ensures that '[p]rivate property shall not be taken for public use without just compensation.' Under Philippine laws, private owners are entitled to four rights: the right to use the property as they see fit; the right to prevent others from entering or using the property; the right to sell, gift or bequeath the property; and the right to use the property for pleasure or benefit.