04/02/2020
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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.
x
x
x."
Simply stated, all lands of the public domain as well as all natural resources
enumerated therein, whether on public or private land, belong to the State. It is
this concept of State ownership that petitioners claim is being violated by
the IPRA.
II. THE INDIGENOUS PEOPLES RIGHTS ACT.
Republic Act No. 8371 is entitled "An Act to Recognize, Protect and Promote the
Rights of Indigenous Cultural Communities/ Indigenous Peoples, Creating a National
Commission on Indigenous Peoples, Establishing Implementing Mechanisms,
Appropriating Funds Therefor, and for Other Purposes." It is simply known as
"The Indigenous Peoples Rights Act of 1997" or the IPRA.
The IPRA recognizes the existence of the indigenous cultural communities or
indigenous peoples (ICCs/IPs) as a distinct sector in Philippine society. It grants
these people the ownership and possession of their ancestral domains and
ancestral lands, and defines the extent of these lands and domains. The
ownership given is the indigenous concept of ownership under customary
law which traces its origin to native title.
Other rights are also granted the ICCs/IPs, and these are:
-
the
the
the
the
the
right
right
right
right
right
to develop lands and natural resources;
to stay in the territories;
in case of displacement;
to safe and clean air and water;
to claim parts of reservations;
- the right to resolve conflict;[32]
- the right to ancestral lands which include
a. the right to transfer land/property to/among members of the
same ICCs/IPs, subject to customary laws and traditions of the
community concerned;
b. the right to redemption for a period not exceeding 15 years from
date of transfer, if the transfer is to a non-member of the ICC/IP
and is tainted by vitiated consent of the ICC/IP, or if the transfer is
for an unconscionable consideration.[33]
Within their ancestral domains and ancestral lands, the ICCs/IPs are given the right
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