OPINION | Reassessment of the nationality requirements for renewable energy projects By Monique B. Ang READ:
By way of background, Article XII, Section 2 of the 1987 Constitution provides in part that “[a]ll lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy,ora and fauna, and other natural resources are owned by the State.
The DoJ then issued the Opinion which appears to be contrary to Section 19 of the RE Act IRR but is based on a pragmatic and technical reading of the 1987 Constitution.
Second, Section 19 of the RE Act IRR is amended to state that the RE Service or Operating Contracts for the following activities shall be reserved for Filipino citizens or corporations or associations at least 60% of whose capital is owned by Filipinos: a.) the appropriation of water direct from a natural source; or, b.
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