04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly [47] Id. at 481-487, 505-515. [48] Id. at 488A. [49] Id. at 508A-508B. [50] Created pursuant to Republic Act No. 8371. [51] Rollo, pp. 846-851. [52] Id. at 846. [53] Id. at 835. [54] Id. at 841-845. [55] Id. at 928-933. [56] Id. at 1016-1017. [57] Id. at 995. [58] 337 Phil. 654, 658 (1997). [59] Under Section 3(a), Republic Act No. 8371, the term "ancestral domains" is defined as "[s]ubject to Section 56 hereof [property rights within the ancestral domains already existing and/or vested upon the effectivity of this Act, shall be recognized and respected], refers 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 ICCs/IPs, 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 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 natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs 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." [60] Republic Act No. 8371, Section 3(c). [61] David v. Macapagal-Arroyo, 522 Phil. 705, 754 (2006). [62] Rollo, p. 929. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61037 18/19

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