7/26/2019 Cruz vs. Sec. of DENR 347 SCRA 128 - Digest

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Land Titles and Deeds IPRA Law vis a vis Regalian Doctrine

Cruz, a noted constitutionalist, assailed the validity of the RA 8371 or the Indigenous Peoples Rights

Act on the ground that the la a!ount to an unlaful deprivation of the "tates onership over lands

of the pu#lic do!ain as ell as !inerals and other natural resources therein, in violation of the

regalian doctrine e!#odied in "ection $, Article %II of the Constitution& 'he IPRA la #asicallyenu!erates the rights of the indigenous peoples over ancestral do!ains hich !ay include natural

resources& Cruz et al contend that, #y providing for an all(enco!passing definition of )ancestral

do!ains* and )ancestral lands* hich !ight even include private lands found ithin said areas,

"ections 3+a and 3+# of said la violate the rights of private landoners&

ISSUE:-hether or not the IPRA la is unconstitutional&

HELD:'he "C deli#erated upon the !atter& After deli#eration they voted and reached a 7(7 vote&

'hey deli#erated again and the sa!e result transpired& "ince there as no !a.ority vote, Cruzs

petition as dis!issed and the IPRA la as sustained& /ence, ancestral do!ains !ay include

pu#lic do!ain 0 so!eho against the regalian doctrine&