Dissenting Opinion
- 19 -
G.R. No. 224469
One cannot mistake the discussion in Cruz to be more than a mere
characterization of ancestral domains vis-a-vis the traditional concepts of
public and private lan,,ds, with the objective of tracing the source of IPs'
ancestral ownership. It only distinguished such ancestral lands from lands of
public domain and in fact, likened the same to lands held in private
ownership. Nothing more. Thus, in the absence of any indication that these
jurisprudential teachings meant to exempt such domains from the penal
provisions of P.D. No. 705, We must refrain from making interpretations
that are unintended by the proponents thereof. For purposes of the
classification under P.D. No. 705, therefore, ancestral lands and domains
undoubtedly fall within the ambit of "private lands."
At this juncture, it must nevertheless be stressed that however way we
characterize ancestral domains, the trees, timber, forest products, and all
other natural resources found thereon are still, and have always been, owned
by the People, as represented by the State. Recently, the Court, in Maynilad
Water Se-rvices, Inc. v. Secretary of the Department of Environment and
Natural Resources (DENR), 53 expressly acknowledged the following
Section 2, Article XII, ~of tµe 1987 Constitution as the embodiment of Jura
regalia, or the Regalian doctrine, which reserves to the State the authority
over all natural resources:
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 production-sharing 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. 54
Maynilad bore emphasis on the State's role over the nation's natural
resources as having a duty to regulate the same in the context of, and with
due regard for, public interest. For the People, the State shall protect, foster,
promote, preserve, and control the natural resources of the People. 55
53
54
55
G.R. Nos. 202897, 206823 & 207969, August 6, 2019.
Id. (Emphasis ours)
Id.
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