04/02/2020
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[153] Section 16, R.A. 7492.
[154] Section 17, R.A. 7942.
[155] Sec. 3(q), Chapter 1, Republic Act No. 7942 (the Philippine Mining Act of
1995).
[156] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 37.
[157]
Sections 7(a) and (b), R.A. 8371.
[158] Presidential Decree No. 1151 (1971).
[159] Presidential Decree No. 1586 (1978) and DENR Administrative Order No. 37
(1996).
[160] Republic Act No. 7160 (1991).
[161] Republic Act No. 7942.
[162] Petition, Rollo, pp. 23-25.
[163] Ramirez v. CA, 248 SCRA 590, 596 (1995).
[164] Section 53 (f), R.A. 8371.
[165] Section 52, R.A. 8371.
[166] Section 53, R.A. 8371.
[167] Sections 40, 51, 52, 53, 54, 62 and 66, R.A. No. 8371.
[168] Sections 63 and 65, R.A. No. 8371.
[169] Section 40. Composition.- The NCIP shall be an independent agency under the
Office of the President and shall be composed of seven (7) Commissioners belonging
to the ICCs/IPs, one (1) of whom shall be the Chairperson.
The Commissioners
shall be appointed by the President of the Philippines from a list of recommendees
submitted by authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall
be appointed specifically from each of the following ethnographic areas, Region I and
the Cordilleras; Region II, the rest of Luzon; Island Groups including Mindoro,
Palawan, Romblon, Panay and the rest of the Visayas; Northern and Western
Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That
at least two (2) of the seven (7) Commissioners shall be women.
[170] Section 66.
Jurisdiction of the NCIP.- The NCIP, through its regional offices,
shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs.
Provided, however, That no such dispute shall be brought to the NCIP unless the
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