04/02/2020
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concept of owners, and utilized a defined territory devolved to them, by operation of
customary law or inherited from their ancestors, in accordance with their customs
and traditions.
[62] Section 3(b) Ancestral Lands - Subject to Section 56 hereof, refers to land
occupied, possessed and utilized by individuals, families and clans who are members
of the ICCs/IPs since time immemorial, by themselves or through their
predecessors-in-interest, under claims of individual or traditional group ownership,
continuously to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of government projects
or any other voluntary dealings entered into by the government and private
individuals/corporations, including, but not limited to, residential lots, rice
terraces or paddies, private forests, swidden farms and tree lots;
[63] Section 3(a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas
generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas
and natural resources therein, held under a claim of ownership, occupied or
possessed by Indigenous peoples, by themselves or through their ancestors,
communally or individually since time immemorial, continuously to the present
except when interrupted by war, force majeure or displacement by force, deceit,
stealth or as a consequence of government projects or any other voluntary dealings
entered into by the government and private individuals/corporations, and which are
necessary to ensure their economic, social and cultural welfare. It shall include
ancestral lands, forests, pasture, residential, agricultural, and other lands
individually owned whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water, mineral and other
resources, and lands which may no longer be exclusively be occupied by
Indigenous peoples but from which they traditionally had access to for their
subsistence and traditional activities, particularly the home ranges of ICCs/IPs who
are still nomadic and/or shifting cultivators.
[64] Ibid.
[65] Hebron v. Reyes, 104 Phil. 175 (1958); San Miguel Corporation v. Avelino, 89
SCRA 69 (1979).
[66] In re Guarina, 24 Phil 37 (1913).
[67] See Lee Hong Hok vs. David, 48 SCRA 372 (1972).
[68] PEÑA, REGISTRATION OF LAND TITLES AND DEEDS, 1994 rev. ed., p. 15.
[69] 1 BOUVIER'S LAW DICTIONARY, 3rd revision, p. 1759.
[70] BLACK'S LAW DICTIONARY, 6th ed., p. 1282.
[71] 76 CORPUS JURIS SECUNDUM, citing Hart v. Burnett, 15 Cal. 530, 566.
[72] WASHBURN, p. 44; see also WILLIAMS, PRINCIPLES OF THE LAW ON REAL
PROPERTY, 6th ed. (1886), p.2; BIGELOW, p. 2.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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