04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
Shoshone Tribe v. U.S. 299 U.S. 476 [1937]; Choate v. Trapp, 224 U.S. 665 [1912];
and Lane v. Pueblo of Santa Rosa, 249 U.S. 110 [1919].
[188] See Discussion, infra, Part IV (c) (2).
[189] Susi v. Razon, 48 Phil. 424 [1925]; Herico v. Dar, 95 SCRA 437 [1980].
[190] Ibid.
[191] Director of Lands v. Intermediate Appellate Court, 146 SCRA 509 [1986];
Director of Lands v. Buyco, 216 SCRA 78 [1992]; Republic v. Court of Appeals and
Lapina, 235 SCRA 567 [1994].
[192] 75 Phil. 890 [1946].
[193] Id. at 892.
[194] Sec. 48 [b], C.A. 141.
[195] Sec. 48 [c], C.A. 141, as amended. This provision was added in 1964 by R.A.
3872.
[196] Section 12, IPRA.
[197] "Time immemorial" refers "to a period of time when as far back as memory can
go, certain ICCs/Ips are known to have occupied, possessed in the concept of owner,
and utilized a defined territory devolved to them, by operation of customary law or
inherited from their ancestors, in accordance with their customs and traditions."
(Sec. 3 [p], IPRA).
[198] Section 2, C.A. 141.
[199] Section 8, C.A. 141.
[200] The classification of ancestral lands 18% in slope or over as alienable in the
IPRA is an exception to Section 15, P.D. 705, the Revised Forestry Code.
[201]
Charles MacDonald, Indigenous Peoples of the Philippines:
Between
Segregation and Integration, Indigenous Peoples of Asia, supra, at pp. 345, 350.
[202] Section 5, Article XII, 1987 Constitution.
[203] Words in bold were amendments introduced by R.A. 3872 in 1964.
[204] Words in bold were amendments introduced by R.A. 3872 on June 18, 1964.
On January 25, 1977, however, Sec. 48 [b] and 48 [c] were further amended by
P.D. 1073 stating that these provisions on cultural minorities apply only to
alienable and disposable lands of the public domain-- Please see Republic v.
CA and Paran, 201 SCRA 1, 10-11 [1991].
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
67/148
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents