04/02/2020
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supra, p. 1010.
[13] §3, Art. XII, 1987 Constitution.
[14] 160 SCRA 228, 239, April 15, 1988.
[15] 261 SCRA 528, September 9, 1996.
[16] NCIP's Memorandum, p. 24.
[17] 75 Phil 890, 892, August 31, 1946.
[18] Intervenors' Memorandum, pp. 33 et seq.
[19] "SEC. 57.
Natural Resources within Ancestral Domains. - The ICCs/IPs shall
have priority rights in the harvesting, extraction, development or exploitation of any
natural resources within the ancestral domains. x x x."
[20] 41 Phil 935, February 23, 1909.
[21] 172 SCRA 455, 463, April 18, 1989, per Gutierrez Jr., J.
[22] "(c) Members of the national cultural minorities who by themselves or through
their predecessors-in-interest have been in open, continuous, exclusive and
notorious possession and occupation of lands of the public domain suitable to
agriculture, whether disposable or not, under a bona fide claim of ownership for at
least 30 years shall be entitled to the rights granted in subsection (b) hereof. (As
amended by R.A. No. 3872, section 1, approved June 18, 1964)."
[23] 284 SCRA 617, 633, January 22, 1998, per Puno, J.
[24] "a) Ancestral Domains -- Subject to Section 56 hereof, 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 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."
[25] "b) Ancestral Lands -- Subject to Section 56 hereof, refers to lands occupied,
possessed and utilized by individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through their predecessors-inelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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