38
Decision
G.R. No. 224469
agreements may be for a period not exceeding twenty-five years, renewable
for not more than twenty-five years, and ~nder~such terms and conditions
as may be provided by law.
This doctrine is a confirmation of the State's ownership of the lands of
the public domain and the patrimony of the nation. By virtue of this doctrine,
the State acquired radical or underlying title to all the lands in the country. 91
This title, however, is burdened by the pre-existing legal rights of IPs who
had occupied and used the land prior to birth of the State. Hence, the content
of the State's underlying title is what is left when IP title is subtracted from
it. 92 IP title gives the right to exclusive use and occupation of the land for a
variety of purposes not confined to traditional or distinctive uses. 93 It is a
beneficial interest in the land - the right to use it and profit from its
economic development. But IP title is subject to the communal limitations
as discussed above. 94
IP rights to preserve cultural integrity and claim or title to ancestral
domains and land are subject to the State's police power. Section 77 of PD
705, as amended is an exercise of police pQwer, the validity of which is not
negated by the fact that the objects thereof are owned by those charged with
the offense. Rather, a police power measure is judged by the traditional test
(1) "[t]he interests of the public generally, as distinguished from those of a
particular class, require the exercise of the police power; and (2) [t]he means
employed are reasonably necessary for the accomplishment of the purpose
and not unduly oppressive upon individuals." 95 Police power trumps
objections on the basis of ownership.
vi. Iraya-Mangyans' practice of
logging a dita tree and building a communal
toilet as probably indicative of the IP right
to preserve cultural integrity and to claim or
title to ancestral domains or lands
Iraya-Mangyans in general are settled communities. But their culture
as IPs was drastically affected when they were- evicted from their ancestral
domains and lands. They became nomads who had no permanent
domains, until they were again re-settled pursuant to the recognition of their
ancestral domains and lands. Thus:
Project: Communal Toilets
The Mangyan people used to be the dominant dwellers of the
entire island including the lowlands, but ever since more and more foreign
settlers got in and started claiming (if not grabbing) majority of the land
Id.
Id.
93 Id.
94 Id.
95
Acosta v. Ochoa, G.R. No. 211559, October 15, 2019.
91
92
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