04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
claimants to file opposition thereto within fifteen (15) days from date of
such publication: Provided, That in areas where no such newspaper
exists, broadcasting in a radio station will be a valid substitute: Provided,
further, That mere posting shall be deemed sufficient if both newspaper
and radio station are not available;
h) Endorsement to NCIP. -- Within fifteen (15) days from publication, and
of the inspection process, the Ancestral Domains Office shall prepare a
report to the NCIP endorsing a favorable action upon a claim that is
deemed to have sufficient proof. However, if the proof is deemed
insufficient, the Ancestral Domains Office shall require the submission of
additional evidence: Provided, That the Ancestral Domains Office shall
reject any claim that is deemed patently false or fraudulent after
inspection and verification: Provided, further, That in case of rejection,
the Ancestral Domains Office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial
shall be appealable to the NCIP: Provided, furthermore, That in cases
where there are conflicting claims among ICCs/IPs on the boundaries of
ancestral domain claims, the Ancestral Domains Office shall cause the
contending parties to meet and assist them in coming up with a
preliminary resolution of the conflict, without prejudice to its full
adjudication according to the section below.
xxxx
To remove all doubts about the irreconcilability of the MOA-AD with the present legal
system, a discussion of not only the Constitution and domestic statutes, but also of
international law is in order, for
Article II, Section 2 of the Constitution states that the Philippines "adopts
the
generally accepted principles of international law as part of the law of the
land."
Applying this provision of the Constitution, the Court, in Mejoff v. Director of Prisons,
[158] held that the Universal Declaration of Human Rights is part of the law of the
land on account of which it ordered the release on bail of a detained alien of Russian
descent whose deportation order had not been executed even after two years.
Similarly, the Court in Agustin v. Edu[159] applied the aforesaid constitutional
provision to the 1968 Vienna Convention on Road Signs and Signals.
International law has long recognized the right to self-determination of "peoples,"
understood not merely as the entire population of a State but also a portion thereof.
In considering the question of whether the people of Quebec had a right to
unilaterally secede from Canada, the Canadian Supreme Court in REFERENCE RE
SECESSION OF QUEBEC[160] had occasion to acknowledge that "the right of a
people to self-determination is now so widely recognized in international conventions
that the principle has acquired a status beyond `convention' and is considered a
general principle of international law."
Among the conventions referred to are the International Covenant on Civil and
Political Rights[161] and the International Covenant on Economic, Social and
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
33/203
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents