04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly With the foregoing disquisitions, I vote to uphold the constitutionality of the Indigenous Peoples Rights Act of 1997. [1] Chief Judge, US Court of Appeals for the Seventh Circuit; Senior Lecturer, University of Chicago Law School. [2] The University of Chicago Law Review, Vol. 67, Summer 2000, No. 3, p. 573. [3] Dominium is distinguished from imperium which is the government authority possessed by the state expressed in the concept of sovereignty-- Lee Hong Hok v. David, 48 SCRA 372, 377 [1972]. [4] Valenton v. Murciano, 3 Phil. 537, 543 [1904]; See also Florencio D.R. Ponce, The Philippine Torrens System, p. 13 [1964]. [5] Antonio H. Noblejas, Land Titles and Deeds, p. 5 [1986]; these grants were better known as repartimientos and encomiendas. Repartimientos were handouts to the military as fitting reward for their services to the Spanish crown. The encomiendas were given to Spaniards to administer and develop with the right to receive and enjoy for themselves the tributes of the natives assigned to them.-Ponce, supra, p. 12, citing Benitez, History of the Philippines, pp. 125-126. [6] Narciso Pena, Registration of Land Titles and Deeds, p. 2 [1994]. [7] The Mortgage Law is a misnomer because it is primarily a law on registration of property and secondarily a mortgage law-- Ponce, supra, at 16. [8] Ponce, supra, at 15. [9] 3 Phil. 537 [1904]. [10] Id. at 540. [11] Id. at 548. [12] Id. at 543-544. [13] Id. at 543. [14] Id. at 542-543. These comments by the court are clear expressions of the concept that Crown holdings embraced both imperium and dominium--Ma. Lourdes Aranal-Sereno and Roan Libarios, The Interface Between National Land Law and Kalinga Land Law, 58 P.L.J. 420, 423 [1983]. [15] Id. at 545-546. [16] Id. at 543. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882 55/148