04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly the ancestral domains will result during the delineation process. The mere fact that Section 3(a) defines ancestral domains to include the natural resources found therein does not ipso facto convert the character of such natural resources as private property of the indigenous peoples. Similarly, Section 5 in relation to Section 3(a) cannot be construed as a source of ownership rights of indigenous people over the natural resources simply because it recognizes ancestral domains as their "private but community property." The phrase "private but community property" is merely descriptive of the indigenous peoples' concept of ownership as distinguished from that provided in the Civil Code. In Civil Law, "ownership" is the "independent and general power of a person over a thing for purposes recognized by law and within the limits established thereby."[122] The civil law concept of ownership has the following attributes: jus utendi or the right to receive from the thing that which it produces, jus abutendi or the right to consume the thing by its use, jus disponendi or the power to alienate, encumber, transform and even destroy that which is owned and jus vidicandi or the right to exclude other persons from the possession the thing owned.[123] In contrast, the indigenous peoples' concept of ownership emphasizes the importance of communal or group ownership. By virtue of the communal character of ownership, the property held in common "cannot be sold, disposed or destroyed"[124] because it was meant to benefit the whole indigenous community and not merely the individual member.[125] That IPRA is not intended to bestow ownership over natural resources to the indigenous peoples is also clear from the deliberations of the bicameral conference committee on Section 7 which recites the rights of indigenous peoples over their ancestral domains, to wit: CHAIRMAN FLAVIER. Accepted. Section 8[126] rights to ancestral domain, this is where we transferred the other provision but here itself --HON. DOMINGUEZ. Mr. Chairman, if I maybe allowed to make a very short Statement. Earlier, Mr. Chairman, we have decided to remove the provisions on natural resources because we all agree that that belongs to the State. Now, the plight or the rights of those indigenous communities living in forest and areas where it could be exploited by mining, by dams, so can we not also provide a provision to give little protection or either rights for them to be consulted before any mining areas should be done in their areas, any logging done in their areas or any dam construction because this has been disturbing our people especially in the Cordilleras. So, if there could be, if our lawyers or the secretariat could just propose a provision for incorporation here so that maybe the right to consultation and the right to be compensated when there are damages within their ancestral lands. CHAIRMAN FLAVIER. Yes, very well taken but to the best of my recollection both are already considered in subsequent sections which we are now looking for. HON. DOMINGUEZ. Thank you. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882 97/148