Old McDonald had a farm: A thesis on the constitutionality of Aurora Pacific Economic Zone and Freeport Act of 2010 (RA 10083

• Main Authors: Arbolado, Patricia R., Cabral, Ma. Angela Francesca Y.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Economic zoning—Law and legislation > Philippines > Quezon Province; Land use—Law and legislation > Philippines > Quezon Province; Farmers—Legal status, laws, etc. > Philippines > Quezon Province; Land Use Law; Law and Economics
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5636
• Institution: De La Salle University

This study aims to come up with a thesis questioning the constitutionality of Section 2 of RA 10083 also known as Aurora Pacific Economic Zone and Freeport Act of 2010. The main issue will focus on the lands covered by the economic zone and the social justice provision of the 1987 Constitution, supported by RA 9700 (CARP) and RA 8371 (IPRA).RA 10083 is an enactment for the establishment of an economic zone in Aurora province, which will cover six (6) municipalities including private lands granted to people under government programs. The alleged land grabbing and encroaching of rights of people under the marginalized sector set off the conflict between an economic development serving a public purpose and underprivileged individuals favored by the concept of social justice. Thus, the researchers find it noteworthy to answer the corollary issues indicated herein, and discuss it thoroughly in order to resolve the dispute.The scope of the study will only delve on the said section of RA 100983, which will be discussed throughout this research in light of the social justice provisions of the Constitution under Article XII Sections 4-6, which discussed the rights of local farm workers and Section 5, which confers the rights granted to Indigenous people.";"The researchers worked under the legal philosophy of functional school and policy science school, which evaluates how an existing law conforms to the demands of society and promotion of social justice. Under these theories, a significant evaluation of an establishment of economic zone in Casiguran, Aurora enacted through RA 10083 is conforming to the social justice provisions of the Constitution.This research paper shall contribute to the policy making, policy implementation, and policy interpretation of the state that can aid in solving similar conflicts in the time to come."