Decision
35
G.R. No. 224469
traditional purposes. 83 IP title confers ownership rights similar to those
associated with fee simple, including the right to decide how the land will
be used; the right of enjoyment and occupancy of the land; the right to
possess the land; the right to the economic benefits of the land; and the
right to pro-actively use and manage the land. 84
These rights and the other rights concomitant to an IP title are specified
in theIPRA:
CHAPTER III
Rights to Ancestral Domains
SECTION 7. Rights to Ancestral Domains. - The rights of
ownership and possession of ICCs/IPs to their ancestral domains shall be
recognized and protected. Such rights shall include:
a) Right of Ownership. - The right to claim ownership over
lands, bodies of water traditionally and actually occupied by ICCs/IPs,
sacred places, traditional hunting and fishing grounds, and all
improvements made by them at any time within the domains;
b) Right to Develop Lands and Natural Resources. - Subject to
Section 56 hereof, right to develop, control and use lands and territories
traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for
future generations; to benefit and share the profits from allocation and
utilization of the natural resources found therein; the right to negotiate
the terms and conditions for the exploration of natural resources in the
areas for the purpose of,ensuring ecological, environmental protection and
the conservation measures, pursuant to national and customary laws; the
right to an informed and intelligent participation in the formulation
and implementation of any pro_ject, government or private, that will affect
or impact upon the ancestral domains and to receive just and fair
compensation for any damages which they may sustain as a result of the
project; and the right to effective measures by the government to prevent
any interference with, alienation and encroachment upon these rights;
c) Right to Stay in the Territories. - The right to stay in the
territory and not to be removed therefrom. No ICCs/IPs will be relocated
without their free and prior informed consent, nor through any means other
than eminent domain. Where relocation is considered necessary as an
exceptional measure, such relocation shall take place only with the free and
prior informed consent of the ICCs/IPs concerned and whenever possible,
they shall be guaranteed the right to return to their ancestral domains, as
soon as the grounds for relocation cease to exist. When such return is not
possible, as detennined by agreement or through appropriate procedures,
ICCs/IPs shall be provided in all possible cases with lands of quality and
legal status at least equal to that of the land previously occupied by them,
suitable to provide for their present needs and future development. Persons
thus relocated shalllikewise be fully compensated for any resulting loss or
injury;
83
Tsilhqot'in Nation v. British Columbia. 2014
<http://canlii.ca/t/g7mt9>, retrieved on 2020-03-27.
84 Id.
SCC
44
(CanLII),
[2014]
2
SCR
257,
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