CRUZ VS SECRETARY OF DENR (SEPARATE OPINION
ownership, occupied, possessed by ICCs/IPs
OF PUNO, J)
 Promulgation of IPRA which introduced concepts into the
Philippine Legal System which appear to collide with settled
constitutional precepts on state ownership of land and other
natural resources
 IPRA was enacted not only to fulfill the mandate of protecting
the indigenous cultural communities right to their ancestral
land but to correct a grave historical injustice to the
indigenous people
IPRA RA 8371
 Grants indigenous people the ownership and possession of
their ancestral domains and lands and defines the extent.
Indigenous Cultural Communities/Indigenous People
 Group of people or homogenous societies who have
continuously lived as an organized community on communally
bounded and defined territory
Regalian Doctrine
 All lands which are held without proper and true deeds of
grant be restored to the Spanish Crown
 It required the registration of all agricultural lands, otherwise
the lands shall revert to the state
Act no. 926- first Public Land Act
Recopilacion de leyes de las Indias
 All the occupants of public lands are required to produce
before the authorities their title papers.
 Those who had good title or showed prescription were to be
protected in their holdings. Otherwise, the land would be
restored to the Crown
Valenton vs Murciano
 Plaintiffs had entered into peaceful occupation of the subject
land while Defendant purchased the land from the provincial
treasurer
 ISSUE: Which is the better basis for ownership of land: long
time occupation or paper title
 RULING: Valenton had no rights other than those which
accrued to mere possession. Murciano was deemed to be the
owner of the land by virtue of the grant. Valenton upheld the
Spanish concept of state ownership of public land
Carino vs Insular Government
 Carino sought to register with the land registration court 146
hectares of land. He claimed that this land had been
possessed and occupied by his ancestors since time
immemorial
 Ruled in favor of Carino
Native title-rights to lands and domains held under a claim of private
ownership as far back as memory reaches
 Carino case: No application of Regalian doctrine
o Presumes that the land is private and was never
public
o Under the Public Land Act, land sought to be
registered must be public agricultural land. If the
conditions are complied with, the land ceases to be
part of the public domain and is converted to
private property
Aboriginal title- rests on actual, exclusive and continuous use and
occupancy for a long time
Ancestral domains- all areas belonging to ICCs/IPs held under a claim of
Ancestral lands- lands that are not merely occupied and possessed but
are also utilized by the ICCs/ IPs
NATURE OF LEGAL PROFESSION
Practice of law is a profession
Profession- refers to a group of men pursuing a learned art as a
common calling in the spirit of public service
 The main goal should be the spirit of public service and the
administration of justice
 Gaining profit is merely incidental it is not a mere
moneymaking trade
 It differs from a trade or business because the primary
purpose of the latter is economic gain or profit
NOTE: The fact that it undergoes a licensure exam is a clue that it is a
profession.
Three Ideas involved in a profession
1. Organization- lawyers organize themselves as a profession thru the
bar associations
 One of the reasons why they are organizing a bar association
is for mutual protection and benefit
2., Learning- professions are learned not only from the nature of the art
but historically have a cultural, and ideal side which furthers the
exercise of that art
 They must be learned men
3. Spirit of public service- every profession aims at the exercise of
powers beneficial to mankind
Legal profession is a privilege and a right
Privilege
 Granted only by the Supreme Court to those deserving
individuals
 It is accorded only to those who measure up to the exacting
standards of mental and moral fitness
 Continued possession of good moral character
Right
 A lawyer cannot be prevented from practicing law except
upon valid cause and only after affording him due process
 He has the right to protest in anything which he thinks is
prejudicial to the administration of justice
Good Moral Character
 Is a condition which precedes to the Bar and is not dispensed
with upon admission
 It is a continuing qualification which all lawyers must possess
“Lawyers are not hired guns”
 They are not hired guns to do their client’s bidding
Standards of legal profession (Justice Vicente Mendoza)
1. Independence- lawyers are professionals who must conduct
themselves in a professional way
 A lawyer must represent his client with zeal within the bounds
of the law
 Must be immersed with their clients cases but not drown
themselves into their client’s causes
2. Accessibility
 Legal services must be available to all
  They should be able to aid the public in the selection of a
competent lawyer as part of its duty to make its services
available
 Legal services are needed not only by indigent persons but
even by those who are able to pay their way but do not know
whom to engage as counsel

NOTE: Just as there is a need for preventive medicine, there is also a

need for preventive legal counseling so that parties will be saved from
the trouble, expense and anxiety of litigation
3. Learning
 The bar must be able to communicate to the public its aims
and purposes
 It must be able to explain to lay people the laws and
regulations in clear, simple and understandable language so
that public respect for the law will be fostered