04/02/2020
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[54] Section 18, Article X of the Constitution provides: "The Congress shall enact an
organic act for each autonomous region with the assistance and participation of the
regional consultative commission composed of representatives appointed by the
President from a list of nominees from multisectoral bodies. The organic act shall
define the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall likewise
provide for special courts with personal, family, and property law
jurisdiction consistent with the provisions of this Constitution and national
laws.
The creation of the autonomous region shall be effective when approved by majority
of the votes cast by the constituent units in a plebiscite called for the purpose,
provided that only provinces, cities, and geographic areas voting favorably in such
plebiscite shall be included in the autonomous region."
[55] See note 2.
[56] See note 22.
[57] Section 21, Article X of the Constitution provides: "The preservation of peace
and order within the regions shall be the responsibility of the local police
agencies which shall be organized, maintained, supervised, and utilized in
accordance with applicable laws. The defense and security of the regions shall be
the responsibility of the National Government." (Emphasis supplied)
[58] See note 1.
[59] Section 2, paragraph 1, Article XII of the Constitution provides: "All lands of
the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under the full control and
supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period not
exceeding twenty-five years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law. In cases of water rights
for irrigation, water supply, fisheries, or industrial uses other than the development
of water power, beneficial use may be the measure and limit of the grant."
(Emphasis supplied)
[60] Paragraph 3 on Concepts and Principles of the MOA-AD provides: "Both Parties
acknowledge that ancestral domain does not form part of the public domain
but encompasses ancestral, communal, and customary lands, maritime, fluvial and
alluvial domains as well as all natural resources therein that have inured or
vested ancestral rights on the basis of native title. Ancestral domain and ancestral
land refer to those held under claim of ownership, occupied or possessed, by
themselves or through the ancestors of the Bangsamoro people, communally or
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