04/02/2020
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advances the following arguments:
The Sovereign, which is the source of all rights including ownership, has
the power to restructure the consolidation of rights inherent in ownership
in the State. Through the mandate of the Constitutions that have been
adopted, the State has wrested control of those portions of the natural
resources it deems absolutely necessary for social welfare and existence.
It has been held that the State may impair vested rights through a
legitimate exercise of police power.
Vested rights do not prohibit the Sovereign from performing acts not only
essential to but determinative of social welfare and existence. To allow
otherwise is to invite havoc in the established social system. x x x
Time-immemorial possession does not create private ownership in cases
of natural resources that have been found from generation to generation
to be critical to the survival of the Sovereign and its agent, the State.[98]
Stated simply, the Solicitor General's argument is that the State, as the source of all
titles to land, had the power to re-vest in itself, through the 1935 Constitution, title
to all lands, including ancestral lands and ancestral domains. While the Solicitor
General admits that such a theory would necessarily impair vested rights, he reasons
out that even vested rights of ownership over ancestral lands and ancestral domains
are not absolute and may be impaired by the legitimate exercise of police power.
I cannot agree. The text of the provision of the 1935 Constitution invoked by the
Solicitor General, while embodying the theory of jura regalia, is too clear for any
misunderstanding. It simply declares that "all agricultural, timber, and mineral lands
of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, and other natural resources of the Philippines belong to
the State."[99] Nowhere does it state that certain lands which are "absolutely
necessary for social welfare and existence," including those which are not part of the
public domain, shall thereafter be owned by the State. If there is any room for
constitutional construction, the provision should be interpreted in favor of the
preservation, rather than impairment or extinguishment, of vested rights. Stated
otherwise, Section 1, Article XII of the 1935 Constitution cannot be construed to
mean that vested right which had existed then were extinguished and that the
landowners were divested of their lands, all in the guise of "wrest[ing] control of
those portions of the natural resources [which the State] deems absolutely
necessary for social welfare and existence." On the contrary, said Section restated
the fundamental rule against the diminution of existing rights by expressly providing
that the ownership of lands of the public domain and other natural resources by the
State is "subject to any existing right, grant, lease, or concessions." The "existing
rights" that were intended to be protected must, perforce, include the right of
ownership by indigenous peoples over their ancestral lands and domains. The
[100]
words of the law should be given their ordinary or usual meaning,
"existing rights" cannot be assigned an unduly restrictive definition.
and the term
Petitioners concede that Congress is mandated under Section 5, Article XII of the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
91/148
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