Separate Concurring Opinion
26
G.R. No. 224469
sustainably use the natural resources found in ancestral domains. 125 He
postulates that ownership over the natural resources remains with the State
and the ICCs/IPs' right is limited to managing and conserving these
resources for future generations. 126
Associate Justice Estela M. Perlas-Bernabe shares Associate Justice
Caguioa's sentiment that the right accorded to ICCs/IPs with respect to
natural resources found in their ancestral domain is limited to the utilization
of these resources. 127
With utmost respect to my colleagues, it is my opm10n that the
indigenous concept of ownership covers not only the ancestral domains and
land, but also the natural resources found there.
The State's alleged ownership over the natural resources is founded on
the doctrine of Jura regalia, which provides that "all lands of the public
domain as well as all natural resources enumerated therein, whether on
private or public land, belong to the State." 128
I reiterate my opinion previously expressed in Heirs of Malabanan v.
Republic, 129 Republic v. Tan, 130 and Maynilad Water Services, Inc. v.
Secretary of the Department of Environment and Natural Resources, 131 that
the 1987 Constitution does not provide for the Regalian Doctrine.
A perusal of Article XII, Section 2 of the 1987 Constitution reveals
that the State's ownership of lands is limited to "lands of the public
domain[.]" Further, "[l]ands that are in private possession in the concept of
an owner since time immemorial are considered never to have been
public[,]" since the state never owned them. 132
In addition, the doctrine of Jura regalia is a feudal theory introduced
by the Spaniards. However, its application in the Philippines was put to an
end upon the arrival of the Americans. The landmark case of Carino v.
Insular Government 133 clarified on this matter. 134
125
126
127
128
129
130
131
132
133
Id. at 13-14.
See J. Caguioa, Separate Opinion, p. 16 citing J. Puno, Separate Opinion in Cruz v. Secretary of
Natural Resources, 400 Phil. 904 (2000) [Per Curiam, En Banc].
J. Perlas-Bernabe, Separate Opinion, pp. 3-4.
J. Brion, Separate Opinion in La Tondena, Inc. v. Repu/Jlic, 765 Phil. 795, 823 (2015) [Per J. Leonen,
Second Division].
J. Leonen, Separate Opinion in Heirs of Malabanan v. Republic, 717 Phil. 141, 203-209 (2013) [Per J.
Bersamin, En Banc].
J. Leonen, Separate Opinion in Republic v. Tan, 780 Phil. 764, 776-778 (2016) [Per J. Brion, Second
Division].
J. Leonen, Separate Opinion in Maynilad Water Services, Inc. v. Secretary of the Department of
Environment and Natural Resources, G.R. Nos. 202897, 206823 & 207969, August 6, 2019
<https://elibrary.judiciary.gov .ph/thebookshelf/showdocs/1/65416> [Per J. Hernando, En Banc].
J. Leanen, Separate Opinion in Republic v. Tan, 780 Phil. 764, 776 (2016) [Per J. Brion, Second
Division].
Carino v. Insular Government, 212 U.S. 449, 456 (I 909).
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