Professional Documents
Culture Documents
ISSUE:
Whether
or
not
the
IPRA
is
constitutional?-YES
HELD:
IPRA
IS
CONSTITUTIONAL.
The
first
time
it
was
up
for
voting,
the
vote
was
split
7-7.
During
the
vote,
it
was
again
split
7-7.
Thus,
the
petition
was
dismissed
pursuant
Sec.
7,
Rule
56
of
the
Rules
of
Civil
Procedure.
Native
Title
The
separate
opinion
of
Justice
Puno
details
why
the
constitutionality
of
the
IPRA
must
be
upheld.
He
discusses
in
length
the
history
of
land
registration
in
the
Philippines,
and
how
the
land
which
once
belonged
to
the
IPs
were
forcibly
taken
from
them
by
the
colonialists
(Note:
See
end
of
digest
for
the
historical
background)
Because
the
IPs
refused
to
be
subject
to
the
colonizers,
they
went
futher
into
the
mountains,
where
their
culture
flourished
independently
of
the
rapidly
Westernized
majority
Filipino
culture.
To
the
IPs,
land
ownership
is
communal-land
belongs
to
the
whole
community,
and
each
individual
or
family
has
limited
ownership
of
land
to
satisfy
their
needs.
This
is
different
from
the
majority
concept
of
land
ownership,
where
each
individual
absolutely
owns
a
tract
of
land,
to
the
exclusion
of
all
others.
The
IPRA
categorically
declares
ancestral
lands
and
domains
held
by
native
title
as
never
to
have
been
public
land-domains
and
lands
held
under
native
title
are,
therefore,
indisputably
presumed
to
have
never
been
public
lands
and
are
private.
The
purpose
of
the
IPRA
is
to
make
sure
that
the
lands
which
have
been
occupied
and
used
by
the
IP
communities
since
time
immemorial
remain
with
them,
to
the
exclusion
of
others.
Ancestral
Domains
and
Ancestral
Lands
Ancestral
Domains
comprise
lands,
inland
waters,
coastal
areas,
and
natural
resources
therein
and
includes
ancestral
lands,
forests,
pasture,
residential,
agricultural,
and
other
lands
individually
owned
whether
alienable
or
not,
hunting
grounds,
burial
grounds,
worship
areas,
bodies
of
water
mineral
and
other
natural
resources.
Ancestral
Lands
are
lands
held
by
the
IPs
under
the
same
conditions
as
ancestral
domains
except
that
these
are
limited
to
lands
and
that
these
lands
are
not
merely
occupied
and
possessed
but
are
also
utilized
by
the
IPs
under
claims
of
individual
or
traditional
group
ownership.
These
lands
include
but
are
not
limited
to
residential
lots,
rice
terraces
or
paddies,
private
forests,
swidden
farms
and
tree
lots.
The
theory
is
that
these
ancestral
domains
and
ancestral
lands(
the
two
are
different
from
each
other;
domains
are
more
general,
and
may
include
ancestral
lands
within
their
areas)
were
never
part
of
public
domain
in
the
first
place.
Put
differently,
the
State
never
exercised
over
them,
so
the
Regalian
doctrine
does
not
apply.
In
Cario
v.
Insual
Government,
the
ownership
of
the
IPs
over
these
domains
and
lands
was
expressly
recognized
by
their
native
title
over
them,
Ownership
over
Natural
Resources
There
is
nothing
in
the
IPRA
that
grants
to
the
ICCs/IPx
ownership
over
the
natural
resources
within
their
ancestral
domains.
What
the
IPRA
recognizes
is
the
indigenous
concept
of
ownership
which
means
that
the
ancestral
domains
are
private
simply
because
they
are
not
part
of
the
public
domain.
However,
they
remain
communally
owned
property
among
the
IP
community.
IPRA
also
provides
that
the
IPs
ownership
over
the
ancestral
domains
are
limited
to
lands,
bodies
of
water
traditionally
and
actually
occupied
by
IPs,
sacred
places,
traditional
hunting
and
fishing
grounds,
and
all
improvements
made
by
them
at
any
time
within
the
domains.
But,
it
does
not
include
bodies
of
water
not
occupied
by
the
ICCs?IPs,
minerals,
coal,
wildlife,
flora
and
fauna
in
the
traditional
hunting
grounds,
fish
in
the
traditional
fishing
grounds,
forests
or
timber
in
the
sacred
places,
etc.
and
all
other
natural
resources
found
within
the
ancestral
domains.
Thus,
this
does
not
violate
the
States
ownership
of
natural
resources
found
within
the
ancestral
domains.
Further,
the
right
to
negotiate
the
terms
and
conditions
over
the
natural
resources
covers
only
their
exploration
which
must
be
for
the
purpose
of
ensuring
ecological
and
environmental
protection
of,
and
conservation
measures
in
the
ancestral
domain-it
does
not
extend
to
the
exploitation
and
development
of
natural
resources.
Customary
law
Custom
is
one
of
the
recognized
sources
of
right
under
our
own
Civil
Code.
Customary
law
is
a
primary,
not
secondary,
source
of
rights
under
the
IPRA.
In
the
absence
of
any
applicable
provision
in
the
Civil
Code,
custom,
when
duly
proven,
can
define
rights
and
liabilities,
and
it
uniquely
applies
to
ICCs/IPs.
However,
the
use
of
customary
laws
under
the
IPRA
is
not
absolute,
for
the
law
speaks
merely
of
primacy
of
use.
In
fact,
customary
laws,
when
specifically
enacted
to
become
part
of
statutory
law,
must
first
undergo
publication
to
render
them
correspondingly
binding
and
effective
as
such.
Further,
the
application
of
customary
law
is
limited
to
disputes
concerning
property
rights
or
relations
in
determining
the
ownership
and
extent
of
the
ancestral
domains,
where
all
the
parties
involved
are
members
of
the
same
indigenous
group.
It
therefore
follows
that
when
one
of
the
parties
to
a
dispute
is
a
non-member
of
an
indigenous
group,
or
when
the
indigenous
people
involved
belong
to
different
groups,
the
application
of
customary
law
us
not
required.
IPRA
grants
IPs
with
ownership
and
possession
of
their
ancestral
domains
and
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
The
State,
by
recognizing
the
right
of
tribal
Filipinos
to
their
ancestral
lands
and
domains,
has
effectively
upheld
their
right
to
live
in
a
culture
distinctly
their
own.
Presidents
power
of
control
An
independent
agency
is
an
administrative
body
independent
of
the
executive
branch
or
one
not
subject
to
a
superior
head
of
department,
as
distinguished
from
a
subordinate
agency:
or
an
administrative
body
whose
action
is
subject
to
administrative
review
or
revision.
The
NCIP,
although
independent
to
a
certain
degree,
was
placed
by
Congress
under
the
office
of
the
president
and,
as
such,
is
still
subject
to
the
Presidents
power
to
control
and
supervision
with
respect
to
its
performance
of
administrative
functions.
Chilling
effect
syndrome
Invalidation
of
the
stature
on
its
face
rather
than
as
applied
is
permitted
in
the
interest
of
preventing
a
chilling
effect
on
freedom
of
expression.
But
the
only
instance
where
a
facial
challenge
to
a
statute
is
allowed
when
it
operates
in
the
area
of
freedom
of
expression.
SEPARATE
OPINIONS:
Justice
Puno
The
IPRA
Law
did
not
violate
the
Regalian
Theory
with
the
exception
of
Section
1,
Part
II,
Rule
III
of
the
IRR
for
going
beyond
the
prameters
of
Section
7(b)
of
the
law
and
for
being
contrary
to
Section
2,
Article
XII
of
the
1987
constitution.
He
pointed
that
the
said
exception
(Sec,1,
Part
II
Rule
III
of
the
IRR)
should
be
interpreted
as
dealing
with
large0scale
exploitation
of
natural
resources
and
should
be
read
in
conjunction
with
the
Constitution.
General
points:
o THE
ICCs/IPs
own
the
questioned
lands
by
virtue
of
native
title.
o Native
Title
is
a
different
kind
of
ownership.
Its
concept
of
ownership
holds
that
ancestral
domains
are
both
ICCs/IPs
private
and
community
property
which
belongs
to
all
generations
and
therefore
cannot
be
sold,
disposed
or
destroyed.
o The
phrase
private
but
community
property
is
merely
descriptive
of
the
indigenous
peoples
concept
of
ownership
as
distinguished
from
that
provided
in
the
Civil
Code.
Civil
law:
ownership
has
the
following
attributes-jus
utendi
or
the
right
to
receive
from
the
thing
that
which
it
produces,
jus
abutendi
or
the
right
to
consume
the
thing
by
its
sue,
jus
disponendi
or
the
power
to
alienate,
encumber,
transform
and
even
destroy
that
which
is
owned,
and
jus
vindicandi
or
the
right
to
exclude
other
persons
from
the
possession
of
the
thing
owned.
IPs
concept
of
ownership:
emphasizes
communal
or
group
ownership.
As
such,
the
property
held
in
common
cannot
be
sold,
disposed
or
destroyed
because
it
was
meant
to
benefit
the
whole
indigenous
community
and
not
merely
the
individual
member.
o The
concept
of
native
title
to
natural
resources,
unlike
native
title
to
land,
has
not
been
recognized
in
the
Philippines.
o By
the
enactment
of
the
IPRA,
Congress
did
not
purport
to
annul
any
and
all
Torrens
titles
within
areas
claimed
as
ancestral
lands
or
ancestral
domains.
Justice
Mendoza
The
petition
does
not
amount
to
a
justiciable
controversy
to
be
subject
for
judicial
review.
The
duty
of
the
Court
to
determine
whether
there
has
been
a
grave
abuse
of
discretion
was
inserted
in
Art.
VIII,
1
to
preclude
courts
from
invoking
the
political
question
doctrine
in
order
to
evade
the
decision
of
certain
cases
even
where
violations
of
civil
liberties
are
alleged.
The
judicial
power
cannot
be
extended
to
matters
which
do
not
involve
actual
cases
or
controversies
without
upsetting
the
balance
of
power
among
the
three
branches
of
the
government.
To
decline
the
exercise
of
jurisdiction
where
there
is
nor
genuine
controversy
is
not
to
show
timidly
but
respect
for
the
judgment
of
a
coequal
Justice
Panganiban
Declared
the
challenged
provisions
unconstitutional.
General
points:
o Ancestral
land
and
ancestral
domains
are
not
pubic
lands
and
have
never
been
owned
by
the
State.
o Congress
in
its
wisdom
may
grant
preferences
and
prerogatives
to
our
marginalized
brothers
and
sisters,
subject
to
the
irreducible
caveat
that
the
Constitution
must
be
respected.
o IPRA,
however,
has
provisions
that
run
directly
afoul
of
our
fundamental
law
from
which
it
claims
origin
and
authority.
o The
concerted
effort
to
malign
the
Regalian
Doctrine
vests
the
ownership
of
natural
resources,
not
in
colonial
masters,
but
in
all
the
Filipino
pople.
o
HISTORICAL
BACKGROUND
(Justice
Punos
Separate
Opinion):
The
Regalian
Doctrine
or
jura
regalia
is
a
Western
legal
concept
that
was
first
introduced
by
the
Spaniards
into
the
country
through
the
Law
of
the
Indies
and
the
Royal
Cedulas.
o The
abrogation
of
the
Filipinos
ancestral
rights
in
land
and
the
introduction
of
the
concept
of
public
domain
were
the
most
immediate
fundamental
results
of
Spanish
colonial
theory
and
law.
The
Pubic
Land
Act
(Act
No.
926)
operated
on
the
assumption
that
title
to
public
lands
in
the
Philippine
Islands
remained
in
the
government,
asnt
hat
the
governments
title
to
public
land
sprung
from
the
Treaty
of
Paris
and
other
subsequent
treaties
between
Spain
and
the
United
States.
The
term
public
land
referred
to
all
lands
of
the
public
domain
whose
title
still
remained
in
the
government
and
are
thrown
open
to
private
appropriation
and
settlement,
and
excluded
the
patrimonial
property
of
the
government
and
the
friar
lands.
The
Philippine
Commission
then
enacted
the
Torrens
system
under
Act
496,
or
the
Land
Registration
Law
of
1903.
It
placed
all
public
and
private
lands
in
the
Philippines
under
the
Torrens
system.
o The
Torrens
system
requires
that
the
government
issue
an
official
certificate
of
title
attesting
to
the
fact
that
the
person
named
is
the
owner
of
the
property.
o The
certificate
of
title
is
indefeasible
and
imprescriptible
and
all
claims
to
the
parcel
of
land
are
quieted
upon
issuance
of
said
certificate.
The
delegates
to
the
1935
Constitutional
Convention
very
well
knew
that
the
concept
of
State
ownership
of
land
and
natural
resources
was
introduced
by
the
Spaniards,
however,
they
were
not
certain
whether
it
was
continued
and