04/02/2020
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within a period not exceeding fifteen (15) years from the date of
transfer."
Section 7 (a) defines the ICCs/IPs the right of ownership over their ancestral
domains which covers (a) lands, (b) bodies of water traditionally and actually
occupied by the ICCs/IPs, (c) sacred places, (d) traditional hunting and fishing
grounds, and (e) all improvements made by them at any time within the domains.
The right of ownership includes the following rights: (1) the right to develop
lands and natural resources; (b) the right to stay in the territories; (c) the right to
resettlement in case of displacement; (d) the right to regulate the entry of migrants;
(e) the right to safe and clean air and water; (f) the right to claim parts of the
ancestral domains as reservations; and (g) the right to resolve conflict in accordance
with customary laws.
Section 8 governs their rights to ancestral lands. Unlike ownership over the
ancestral domains, Section 8 gives the ICCs/IPs also the right to transfer the land or
property rights to members of the same ICCs/IPs or non-members thereof. This is
in keeping with the option given to ICCs/IPs to secure a torrens title over the
ancestral lands, but not to domains.
2. The Right of ICCs/IPs to Develop Lands and Natural Resources Within
the Ancestral Domains Does Not Deprive the State of Ownership Over the
Natural Resources and Control and Supervision in their Development and
Exploitation.
The Regalian doctrine on the ownership, management and utilization of natural
resources is declared in Section 2, Article XII of the 1987 Constitution, viz:
"Sec. 2. All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated. The
exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State. The
State may directly undertake such activities, or, it may enter into
co-production, joint venture, or production-sharing agreements
with Filipino citizens, or corporations or associations at least sixty
per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and under such terms
and conditions as may be provided by law. In cases of water rights for
irrigation, water supply, fisheries, water supply, fisheries, or industrial
uses other than the development of water power, beneficial use may be
the measure and limit of the grant.
The State shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its use
and enjoyment exclusively to Filipino citizens.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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