04/02/2020
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Id., par. 3. "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 individually since time immemorial continuously to the present,
except when prevented by war, civil disturbance, force majeure, or other forms of
possible usurpation or displacement by force, deceit, stealth, or as a consequence of
government project or any other voluntary dealings entered into by the government
and private individuals, corporate entities or institutions."
[35] IPRA, Sec. 3(g). "Free and Prior Informed Consent - as used in this Act shall
mean the consensus of all members of the ICCs/IPs to; be determined in accordance
with their respective customary laws and practices, free from any external
manipulation, interference and coercion, and obtained after fully disclosing the intent
and scope of the activity, in a language an process understandable to the
community."
[36] Constitution (1987), Art. 3, Sec. 7. "The right of the people to information on
matters of public concern shall be recognized. Access to official records, and to
documents and papers pertaining to official acts, transactions, or decisions, as well
as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law."
[37] Id., Sec. 1. "No 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."
[38] MOA-AD, Resources, par. (1). "The BJE is empowered with authority and
responsibility for the land use, development, conservation and disposition of the
natural resources within the homeland. Upon entrenchment of the BJE, the land
tenure and use of such resources and wealth must reinforce their economic selfsufficiency. Among the purposes or measures to make progress more rapid are:
a. Entry into joint development, utilization, and exploitation of natural
resources designed as commons or shared resources, which is tied up to
the full setting of appropriate institution, particularly affecting strategic
minerals;
b. Stimulation of local economy by a range of mechanism, in particular
the need to address unemployment and improvement of living conditions
for the population in the BJE;
c. Intensification of measures needed to uproot the cause of poverty in
the BJE through responsible harnessing and development of its natural
resources; and
d. Undertaking program review of public services, industrial or traderelated and agrarian-related issues in situations of different sectors of the
society in the BJE, which acquire communal character deriving from the
special nature of their industry.
Id., par. 2. "The Bangsamoro People through their appropriate juridical entity shall,
among others, exercise power or authority over the natural resources within its
territorial jurisdiction:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
174/203
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