04/02/2020
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[99] Section 1, Article XII, 1935 Constitution reads:
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, and their disposition, exploitation, development, or utilization shall
be limited to citizens of the Philippines, or to corporations or associations
at least sixty per centum of the capital of which is owned by such citizens,
subject to any existing right, grant, lease, or concession at the time of
the inauguration of the Government established under this Constitution.
Natural resources, with the exception of public agricultural land, shall not
be alienated, and no license, concession, or lease for the exploitation,
development, or utilization of any of the natural resources shall be
granted for a period exceeding twenty-five years, renewable for another
twenty five years, except as to water rights for irrigation, water supply,
fisheries or industrial uses other than the development of water power, in
which cases beneficial use may be the measure and limit of the grant.
[100] Central Azucarera Don Pedro v. Central Bank, 104 Phil 598 (1954).
[101] Sec. 5, Article XII. The State, subject to the provisions of this Constitution and
national development policies and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to ensure their economic, social, and
cultural well-being.
The Congress may provide for the applicability of customary laws governing property
rights and relations in determining the ownership and extent of ancestral domains.
[102] See Memorandum of Petitioners, Rollo, pp. 863-864.
[103] SIBAL, PHILIPPINE LEGAL ENCYCLOPEDIA, p. 893.
[104] BLACK'S LAW DICTIONARY, 5th ed., p. 1189.
[105] Ibid.
[106] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 32.
[107] Id., at 37.
[108] Solicitor General's Memorandum, Rollo, p. 665.
[109] Torres v. Tan Chim, 69 Phil 518 (1940); CIR v.Guerrero, 21 SCRA 180 (1967).
[110] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 36.
[111] See 1 COOLEY, CONST., LIMITATIONS, 8th ed., pp. 127-129.
[112] See pp. 8-9 of this Opinion for the full text of the constitutional provisions
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