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[10] Decision of the Court of Appeals, Id., at 85.
[11]
Spouses Virgilio and Josie Jimenez vs. Patricia, Inc., G.R. No. 134651,
September 18, 2000; See also ABS-CBN Supervisors Employees Union Members vs.
ABS-CBN Broadcasting Corporation, 304 SCRA 489 (1999); Maneja vs. National
Labor Relations Commission, 290 SCRA 603 (1998);
[12] Id., at 89.
[13] Section 1. Ancestral Lands. -- Any provision of law, decree, executive order, rule
or regulation to the contrary notwithstanding all unappropriated agricultural lands
forming part of the public domain at the date of the approval of this Decree occupied
and cultivated by members of the National Cultural Communities for at least ten (10)
years before the effectivity of this Decree, particularly in the provinces of Mountain
Province, Cagayan, Kalinga-Apayao, Ifugao, Mindoro, Pampanga, Rizal, Palawan,
Lanao del Sur, Lanao del Norte, Sultan Kudarat, Maguindanao, North Cotabato,
South Cotabato, Sulu, Tawi-Tawi, Zamboanga del Sur, Zamboanga del Norte, Davao
del Sur, Davao del Norte, Davao Oriental, Davao City, Agusan, Surigao del Sur,
Surigao del norte, Bukidnon, and Basilan are hereby declared part of the ancestral
lands of these National Cultural Minorities and as such these lands are further
declared alienable and disposable if such lands have not been earlier declared as
alienable and disposable by the Director of Forest Development, to be distributed
exclusively among the members of the National Cultural Communities concerned, as
defined under the Constitution and under Republic Act Numbered Eighteen hundred
eighty-eight: Provided, however, That lands of the public domain heretofore
reserved for settlement purposes under the administration of the Department of
Agrarian Reform and other areas reserved for other public or quasi-public purposes
shall not be subject to disposition in accordance with the provisions of this Decree:
Provided, further, That the Government in the interest of its development program,
may establish agro-industrial projects in these areas for the purpose of creating
conditions for employment and thus further enhance the progress of the people.
For purposes of this Decree, ancestral lands are lands of the public domain that have
been in open, continuous, exclusive and notorious occupation and cultivation by
members of the National Cultural Communities by themselves or through their
ancestors under a bona fide claim of acquisition of ownership according to their
customs and traditions for a period of at least thirty (30) years before the date of
approval of this Decree. The interruption of the period of their occupation and
cultivation on account of civil disturbance or force majeure shall not militate against
their right granted under this Decree
[14] Security Bank and Trust Company vs. Triumph Lumber and Construction
Corporation, 301 SCRA 537 (1999), Development Bank of the Philippines vs. Court
of Appeals, 302 SCRA 362 (1999).
Source: Supreme Court E-Library
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