04/02/2020
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and lands no longer occupied exclusively by indigenous cultural communities but to
which they had traditional access, particularly the home ranges of indigenous
cultural communities who are still nomadic or shifting cultivators. Ancestral domains
also include inland waters, coastal areas and natural resources therein.[63] Again,
the same are required to have been "held under a claim of ownership, occupied or
possessed by ICCs/IPs, by themselves or through their ancestors, communally or
individually since time immemorial, continuously to the present".[64] Under Section
56, property rights within the ancestral domains already existing and/or vested upon
effectivity of said law "shall be recognized and respected."
Ownership is the crux of the issue of whether the provisions of IPRA pertaining to
ancestral lands, ancestral domains, and natural resources are unconstitutional. The
fundamental question is, who, between the State and the indigenous peoples, are
the rightful owners of these properties?
It bears stressing that a statute should be construed in harmony with, and not in
violation, of the fundamental law.[65] The reason is that the legislature, in enacting a
statute, is assumed to have acted within its authority and adhered to the
constitutional limitations. Accordingly, courts
should presume that it was the
intention of the legislature to enact a valid, sensible, and just law and one which
operates no further than may be necessary to effectuate the specific purpose of the
law.[66]
A. The provisions of IPRA recognizing the ownership of indigenous
peoples over the ancestral lands and ancestral domains are not
unconstitutional.
In support of their theory that ancestral lands and ancestral domains are part of the
public domain and, thus, owned by the State, pursuant to Section 2, Article XII of
the Constitution, petitioners and the Solicitor General advance the following
arguments:
First, according to petitioners, the King of Spain under international law
acquired exclusive dominion over the Philippines by virtue of discovery
and conquest. They contend that the Spanish King under the theory of
jura regalia, which was introduced into Philippine law upon Spanish
conquest in 1521, acquired title to all the lands in the archipelago.
Second, petitioners and the Solicitor General submit that ancestral lands
and ancestral domains are owned by the State. They invoke the theory
of jura regalia which imputes to the State the ownership of all lands and
makes the State the original source of all private titles. They argue that
the Philippine State, as successor to Spain and the United States, is the
source of any asserted right of ownership in land.
Third, petitioners and the Solicitor General concede that the Cariño
doctrine exists. However, petitioners maintain that the doctrine merely
states that title to lands of the public domain may be acquired by
prescription. The Solicitor General, for his part, argues that the doctrine
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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