04/02/2020
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[135] Explanatory Note of the Committee on Nationalization of Lands and Natural
Resources, September 14, 1934, reproduced in LAUREL (ED.), PROCEEDINGS OF
THE PHILIPPINE CONSTITUTIONAL CONVENTION, VOL. VII, pp. 464-468; see also
DE LEON AND DE LEON, JR., PHILIPPINE CONSTITUTIONAL LAW: PRINCIPLES AND
CASES, VOL. 2, pp. 801-802.
[136] Section 8, Article XIV, see note 139 for the full text of the provision.
[137] Paragraph 1, Section 2, Article XII of the 1987 Constitution provides:
All lands of the public domain, waters, minerals, coal, petroleum, and
other minerals oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned
by the State. with the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and
supervision of the State.
The State may directly undertake such
activities, or it may enter into co-production, joint venture, or productionsharing agreements with Filipino citizens, or corporations and associations
at least sixty per centum of whose capital is owned by such citizens.
Such agreements may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and under such rights for
irrigation, water supply, fisheries, or industrial uses other than the
development of water power, beneficial use may be the measure and limit
of the grant.
[138] Section 7.
Rights to Ancestral Domains.--The rights of ownership and
possession of ICCs/IPs to their ancestral domains shall be recognized and protected.
Such rights shall include:
xxx
b)
Right to Develop Lands and Natural Resources.-- Subject to Section 56 hereof,
right to develop, control and use lands and territories traditionally occupied, owned,
or used; to manage and conserve natural resources within the territories and
uphold the responsibilities for future generations; to benefit and share the profits
from allocation and utilization of the natural resources found therein; the
right to negotiate the terms and conditions for the exploration of natural
resources in the areas for the purpose of ensuring ecological, environmental
protection and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or impact
upon the ancestral domains and to receive just and fair compensation for any
damages which they may sustain as a result of the project; and the right to effective
measures by the government to prevent any interference with, alienation and
encroachment upon these rights;
[139] Section 57. Natural Resources within Ancestral Domains.--The ICCs/IPs shall
have priority rights in the harvesting, extraction, development or exploitation of any
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