04/02/2020
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House Bill No. 9125 was sponsored by Rep. Zapata, Chairman of the Committee
on Cultural Communities. It was originally authored and subsequently presented
and defended on the floor by Rep. Gregorio Andolana of North Cotabato.[113]
Rep. Andolana's sponsorhip speech reads as follows:
"This Representation, as early as in the 8th Congress, filed a bill of similar
implications that would promote, recognize the rights of indigenous
cultural communities within the framework of national unity and
development.
Apart from this, Mr. Speaker, is our obligation, the government's
obligation to assure and ascertain that these rights shall be wellpreserved and the cultural traditions as well as the indigenous laws that
remained long before this Republic was established shall be preserved
and promoted. There is a need, Mr. Speaker, to look into these matters
seriously and early approval of the substitute bill shall bring into reality
the aspirations, the hope and the dreams of more than 12 million Filipinos
that they be considered in the mainstream of the Philippine society as we
fashion for the year 2000." [114]
Rep. Andolana stressed that H.B. No. 9125 is based on the policy of preservation as
mandated in the Constitution. He also emphasized that the rights of IPs to their
land was enunciated in Cariño v. Insular Government which recognized the fact
that they had vested rights prior to the establishment of the Spanish and American
regimes.[115]
After exhaustive interpellation, House Bill No. 9125, and its corresponding
amendments, was approved on Second Reading with no objections.
IV. THE PROVISIONS OF THE IPRA
DO NOT CONTRAVENE THE CONSTITUTION.
A. Ancestral Domains and Ancestral Lands are the Private Property of
Indigenous Peoples and Do Not Constitute Part of the Land of the Public
Domain.
The IPRA grants to ICCs/IPs a distinct kind of ownership over ancestral
domains and ancestral lands. Ancestral lands are not the same as ancestral
domains. These are defined in Section 3 [a] and [b] of the Indigenous Peoples Right
Act, viz:
"Sec. 3 a) Ancestral Domains. -- Subject to Section 56 hereof, refer 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,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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