Separate Concurring Opinion 25 GR. No. 224469 fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, and resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, development, exploitation, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for not more than twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, in which cases, beneficial use may be the measure and the limit of the grant. In the same way, Article XII, Section 2 of the 1987 Constitution provides: SECTION 2. 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. The abovementioned constitutional provision has been interpreted and construed to embody the feudal theory of Jura regalia or the Regalian Doctrine. My esteemed colleague, Associate Justice Alfredo Benjamin S. Caguioa (Associate Justice Caguioa) is of the view that ancestral domains and lands are beyond Section 77's coverage. 122 He insists that the law only covers public and private lands to which categories ancestral domains and lands neither apply. 123 He maintains that ancestral domains and lands are indisputably presumed to have been held by the ICCs/IPs under a claim of ownership even before the Spanish Conquest, and deemed to have never been part of the public domain. 124 Associate Justice Caguioa opines that the indigenous concept of ownership notwithstanding, ICCs/IPs are only granted the right to 122 123 124 J. Caguioa, Separate Opinion, pp. 5-6. Id. at 6-8. Id. at 8-9.