04/02/2020
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public or private lands, recognized the
separability of
title over lands and
that
over minerals which may be found therein. [133]
On the other hand, the United States viewed natural resources as a source of wealth
for its nationals. As the owner of natural resources over the Philippines after the
latter's cession from Spain, the United States saw it fit to allow both Filipino and
American citizens to explore and exploit minerals in public lands, and to grant
patents to private mineral lands. A person who acquired ownership over a parcel of
private mineral land pursuant to the laws then prevailing could exclude other
persons, even the State, from exploiting minerals within his property.[134] Although
the United States made a distinction between minerals found in public lands and
those found in private lands, title in these minerals was in all cases sourced from the
State.
The framers of the 1935 Constitution found it necessary to maintain the
State's ownership over natural resources to insure their conservation for future
generations of Filipinos, to prevent foreign control of the country through economic
domination; and to avoid situations whereby the Philippines would become a source
of international conflicts, thereby posing danger to its internal security and
independence.[135]
The declaration of State ownership and control over minerals and other natural
resources in the 1935 Constitution was reiterated in both the 1973[136] and 1987
Constitutions.[137]
Having ruled that the natural resources which may be found within the ancestral
domains belong to the State, the Court deems it necessary to clarify that the
jurisdiction of the NCIP with respect to ancestral domains under Section 52 [i] of
IPRA extends only to the lands and not to the natural resources therein.
Section 52[i] provides:
Turnover of Areas Within Ancestral Domains Managed by Other
Government Agencies. -- The Chairperson of the NCIP shall certify that
the area covered is an ancestral domain. The secretaries of the
Department of Agrarian Reform, Department of Environment and Natural
Resources, Department of Interior and Local Government, and
Department of Justice, the Commissioner of the National Development
Corporation, and any other government agency claiming jurisdiction over
the area shall be notified thereof. Such notification shall terminate any
legal basis for the jurisdiction previously claimed.
Undoubtedly, certain areas that are claimed as ancestral domains may still be under
the administration of other agencies of the Government, such as the Department of
Agrarian Reform, with respect to agricultural lands, and the Department of
Environment and Natural Resources with respect to timber, forest and mineral
lands. Upon the certification of these areas as ancestral domain following the
procedure outlined in Sections 51 to 53 of the IPRA, jurisdiction of the government
agency or agencies concerned over lands forming part thereof ceases. Nevertheless,
the jurisdiction of government agencies over the natural resources within the
ancestral domains does not terminate by such certification because said agencies are
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
99/148
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