10/12/2019
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their ancestral domain as well as their rights thereto,[43] with due regard to their
beliefs, customs, traditions and institutions.[44] At this juncture, it is not amiss to state
that the NCIP's decision shall be appealable to the Court of Appeals by way of a petition
for review under Rule 43 of the Rules of Court.[45]
Meanwhile, the fatal flaw in petitioners' insistence that the NCIP's quasi-judicial
jurisdiction is exclusive and original, can be gathered from records of the Bicameral
Conference Committee cited in Justice Brion's Separate Opinion:
The word "jurisdiction" in the first part of Section 66 is unqualified. Section
66 (then Section 71) of Senate Bill 1728 was originally worded exclusive and
original jurisdiction. During the Bicameral Conference, the lower house
objected to giving the NCIP exclusive and original jurisdiction:
Sen.
Juan
Flavier:
(Chairman
of
the
Senate
Panel)
There
is
exclusive
original. And
so what do
you suggest?
.... ....
Rep.
Zapata
(Chairman
of
the Panel for the
House
of
Representatives)
Chairman,
may I butt in?
Sen. Flavier
Yes, please.
Rep. Zapata
This
was
considered.
The
original,
we
were
willing in the
house. But the
"exclusive",
we objected to
the
word
"exclusive"
because
it
would only be
the
commission
that
would
exclude
the
court and the
Commission
may not be
able
to
undertake all
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