04/02/2020
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XII of the Constitution, which states:
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 productionsharing 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, 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.
The Congress, may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming, with
priority to subsistence fishermen and fishworkers in rivers, lakes, bays
and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for largescale exploration, development and utilization of minerals, petroleum,
and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State shall
promote the development and use of local scientific and technical
resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
Under IPRA, indigenous peoples may obtain the recognition of their right of
ownership[60] over ancestral lands and ancestral domains by virtue of native title.
[61] The term "ancestral lands" under the statute refers to lands occupied by
individuals, families and clans who are members of indigenous cultural communities,
including residential lots, rice terraces or paddies, private forests, swidden farms and
tree lots. These lands are required to have been "occupied, possessed and utilized"
by them or through their ancestors "since time immemorial, continuously to the
present".[62] On the other hand, "ancestral domains" is defined as areas
generally belonging to indigenous cultural communities, including ancestral lands,
forests, pasture, residential and agricultural lands, hunting grounds, worship areas,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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