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[47] Id. at 481-487, 505-515.
[48] Id. at 488A.
[49] Id. at 508A-508B.
[50] Created pursuant to Republic Act No. 8371.
[51] Rollo, pp. 846-851.
[52] Id. at 846.
[53] Id. at 835.
[54] Id. at 841-845.
[55] Id. at 928-933.
[56] Id. at 1016-1017.
[57] Id. at 995.
[58] 337 Phil. 654, 658 (1997).
[59] Under Section 3(a), Republic Act No. 8371, the term "ancestral domains" is
defined as "[s]ubject to Section 56 hereof [property rights within the ancestral
domains already existing and/or vested upon the effectivity of this Act, shall be
recognized and respected], refers to 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, by themselves or
through their ancestors, communally or individually since time immemorial,
continuously to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth or as a consequence of government projects or
any other voluntary dealings entered into by government and private
individuals/corporations, and which are necessary to ensure their economic, social
and cultural welfare. It shall include ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral
and other natural resources, and lands which may no longer be exclusively occupied
by ICCs/IPs but from which they traditionally had access to for their subsistence and
traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic
and/or shifting cultivators."
[60] Republic Act No. 8371, Section 3(c).
[61] David v. Macapagal-Arroyo, 522 Phil. 705, 754 (2006).
[62] Rollo, p. 929.
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