04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly govern themselves in a certain manner.[7] Truly, the Philippine Constitution is a solemn covenant made by all the Filipinos to govern themselves. No group, however blessed, and no sector, however distressed, is exempt from its compass. RA 8371, which defines the rights of indigenous cultural communities and indigenous peoples, admittedly professes a laudable intent. It was primarily enacted pursuant to the state policy enshrined in our Constitution to "recognize and promote the rights of indigenous cultural communities within the framework of national unity and development."[8] Though laudable and well-meaning, this statute, however, has provisions that run directly afoul of our fundamental law from which it claims origin and authority. More specifically, Sections 3(a) and (b), 5, 6, 7(a) and (b), 8 and other related provisions contravene the Regalian Doctrine -- the basic foundation of the State's property regime. Public Domains and Natural Resources Are Owned by the State and Cannot Be Alienated or Ceded Jura regalia was introduced into our political system upon the "discovery" and the "conquest" of our country in the sixteenth century. Under this concept, the entire earthly territory known as the Philippine Islands was acquired and held by the Crown of Spain. The King, as then head of State, had the supreme power or exclusive dominion over all our lands, waters, minerals and other natural resources. By royal decrees, though, private ownership of real property was recognized upon the showing of (1) a title deed; or (2) ancient possession in the concept of owner, according to which a title could be obtained by prescription.[9] Refusal to abide by the system and its implementing laws meant the abandonment or waiver of ownership claims. By virtue of the 1898 Treaty of Paris, the Philippine archipelago was ceded to the United States. The latter assumed administration of the Philippines and succeeded to the property rights of the Spanish Crown. But under the Philippine Bill of 1902, the US Government allowed and granted patents to Filipino and US citizens for the "free and open x x x exploration, occupation and purchase [of mines] and the land in which they are found."[10] To a certain extent, private individuals were entitled to own, exploit and dispose of mineral resources and other rights arising from mining patents. This US policy was, however, rejected by the Philippine Commonwealth in 1935 when it crafted and ratified our first Constitution. Instead, the said Constitution embodied the Regalian Doctrine, which more definitively declared as belonging to the State all lands of the public domain, waters, minerals and other natural resources.[11] Although respecting mining patentees under the Philippine Bill of 1902, it restricted the further exploration, development and utilization of natural resources, both as to who might be entitled to undertake such activities and for how long. The pertinent provision reads: "SECTION 1 [Art. XIII]. 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882 135/148