04/02/2020
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and the Haribon Foundation for the Conservation of Natural Resources, Inc.
(Haribon, et al.), filed a motion to Intervene with attached Comment-inIntervention. They agree with the NCIP and Flavier, et al. that IPRA is consistent
with the Constitution and pray that the petition for prohibition and mandamus be
dismissed.
The motions for intervention of the aforesaid groups and organizations were granted.
Oral arguments were heard on April 13, 1999. Thereafter, the parties and
intervenors filed their respective memoranda in which they reiterate the arguments
adduced in their earlier pleadings and during the hearing.
Petitioners assail the constitutionality of the following provisions of the IPRA and its
Implementing Rules on the ground that they amount to an unlawful deprivation of
the State's ownership over lands of the public domain as well as minerals and other
natural resources therein, in violation of the regalian doctrine embodied in Section 2,
Article XII of the Constitution:
"(1)
Section 3(a) which defines the extent and coverage of
ancestral domains, and Section 3(b) which, in turn, defines
ancestral lands;
"(2)
Section 5, in relation to section 3(a), which provides that
ancestral domains including inalienable public lands, bodies
of water, mineral and other resources found within
ancestral domains are private but community property of
the indigenous peoples;
"(3)
Section 6 in relation to section 3(a) and 3(b) which defines
the composition of ancestral domains and ancestral lands;
"(4)
Section 7 which recognizes and enumerates the rights of
the indigenous peoples over the ancestral domains;
"(5)
Section 8 which recognizes and enumerates the rights of
the indigenous peoples over the ancestral lands;
"(6)
Section 57 which provides for priority rights of the
indigenous
peoples
in
the
harvesting,
extraction,
development or exploration of minerals and other natural
resources within the areas claimed to be their ancestral
domains, and the right to enter into agreements with
nonindigenous peoples for the development and utilization
of natural resources therein for a period not exceeding 25
years, renewable for not more than 25 years; and
"(7)
Section 58 which gives the indigenous peoples the
responsibility to maintain, develop, protect and conserve
the ancestral domains and portions thereof which are found
to be necessary for critical watersheds, mangroves, wildlife
sanctuaries, wilderness, protected areas, forest cover or
reforestation."[2]
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