They lodged a complaint with the discipline board of

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Unformatted text preview: within the domains.” Neither does Section 7(b), which enumerates certain rights of the indigenous peoples over the natural resources found within their ancestral domains, contain any recognition of ownership vis‐à‐vis the natural resources. (Separate Opinion, Kapunan, J., in Cruz v. Secretary of Environment and Natural Resources, G.R. No. 135385, Dec. 6, 2000, En Banc [Per Curiam]) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 215 UST GOLDEN NOTES 2011 Q: What does the IPRA protect? A: What is evident is that the IPRA protects the indigenous peoples’ rights and welfare in relation to the natural resources found within their ancestral domains, including the preservation of the ecological balance therein and the need to ensure that the indigenous peoples will not be unduly displaced when the State‐approved activities involving the natural resources located therein are undertaken. (Ibid.) Q: What is the consequence of the Regalian Doctrine in Section 2, Art. XII, 1987 Constitution? A: Any person claiming ownership of a portion of a land of the public domain must be able to show title from the State according to any of the recognized modes of acquisition of title. (Lee Hong Kok v. David, G.R. No. L‐30389, December 27, 1972 ). Q: What are the limits imposed by Section 2 that embodies the Jura Regalia of the State? A: 1. Only agricultural lands of the public domain may be alienated. 2. The exploration, development, and utilization of all natural resources shall be under the full control and supervision of the State either by directly undertaking such exploration, development, and utilization or through co‐production, joint venture, or production‐sharing agreements with qualified persons or corporations. 3. All agreements with the qualified private sector may be for only a period not exceeding 25 years, renewable for another 25 ye...
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This document was uploaded on 03/12/2014.

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