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CRUZ vs. SECRETARY of ENVIRONMENT and NATURAL RESOURCES
Transcript of CRUZ vs. SECRETARY of ENVIRONMENT and NATURAL RESOURCES
GR No. 135835. December 6, 2000
IPRA Law or RA 8371
ENUMERATES THE RIGHTS OF THE INDIGENOUS PEOPLE OVER "ANCESTRAL DOMAINS" AND "ANCESTRAL LANDS" WHICH MIGHT EVEN INCLUDE PRIVATE LANDS FOUND WITHIN SAID AREAS. SECTIONS 3(A) AND 3(B) OF SAID LAW VIOLATE THE RIGHTS OF THE PRIVATE LAND OWNERS.
Petitioners brought this suit for prohibition and mandamus as citizens and taxpayers
assailed the validity of RA 8371 or the Indigenous People's Rights Act
ground: in violation of the Regalian Doctrine
Petitioner Justice Isagani Cruz,
a known constitutionalist.
THE SUPREME COURT DELIBERATED UPON THE MATTER.
THEY REACHED A 7-7 VOTE.
SAME RESULT AFTER ANOTHER DELIBERATION.
BECAUSE OF THE DEADLOCK, PETITION WAS DISMISSED.
ANCESTRAL DOMAINS MAY INCLUDE PUBLIC DOMAIN -- SOMEHOW AGAINST THE REGALIAN DOCTRINE.
Ancestral Land is defined under the IPRA as land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial. Ancestral lands include residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. These may be found within ancestral domains.
REGALIAN DOCTRINE or JURE REGALIA
The term refers to royal rights, or those rights to which the King has by virtue of his prerogatives.
Embodied in Section 2, Article XII of the Constitution
GROUND for petition: unlawful deprivation of the State's ownership over lands of the public domain as well as minerals and other natural resources therein.
Whether or not the
Ancestral Domain as all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, communally or individually since time immemorial. It covers the total environment, including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of ownership.
THE IPRA LAW IS
THE PETITION IS DISMISSED.