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    Case Digests - Cruz Vs Secretary of DENR

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    roigtc
    This case digest summarizes the Supreme Court case of Cruz vs Secretary of DENR. The case involved a challenge to the constitutionality of the Indigenous People's Rights Act of 1997. The petitioners argued that certain provisions of IPRA violated the state's ownership over public lands and natural resources under the Regalian doctrine. The Supreme Court ultimately ruled that IPRA does not contravene the constitution, as it does not grant ownership of natural resources to indigenous communities, but rather gives them rights to utilize resources in their ancestral domains while maintaining state ownership. Ancestral lands also belong to indigenous peoples through native title and are not part of public lands.

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    Case Digests - Cruz Vs Secretary of DENR

    Uploaded by

    roigtc
    146 views3 pages
    This case digest summarizes the Supreme Court case of Cruz vs Secretary of DENR. The case involved a challenge to the constitutionality of the Indigenous People's Rights Act of 1997. The petitioners argued that certain provisions of IPRA violated the state's ownership over public lands and natural resources under the Regalian doctrine. The Supreme Court ultimately ruled that IPRA does not contravene the constitution, as it does not grant ownership of natural resources to indigenous communities, but rather gives them rights to utilize resources in their ancestral domains while maintaining state ownership. Ancestral lands also belong to indigenous peoples through native title and are not part of public lands.

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    Case Digests_ Cruz vs Secretary of DENR

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    This case digest summarizes the Supreme Court case of Cruz vs Secretary of DENR. The case involved a challenge to the constitutionality of the Indigenous People's Rights Act of 1997. The petitioners argued that certain provisions of IPRA violated the state's ownership over public lands and natural resources under the Regalian doctrine. The Supreme Court ultimately ruled that IPRA does not contravene the constitution, as it does not grant ownership of natural resources to indigenous communities, but rather gives them rights to utilize resources in their ancestral domains while maintaining state ownership. Ancestral lands also belong to indigenous peoples through native title and are not part of public lands.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    146 views3 pages

    Case Digests - Cruz Vs Secretary of DENR

    Uploaded by

    roigtc
    This case digest summarizes the Supreme Court case of Cruz vs Secretary of DENR. The case involved a challenge to the constitutionality of the Indigenous People's Rights Act of 1997. The petitioners argued that certain provisions of IPRA violated the state's ownership over public lands and natural resources under the Regalian doctrine. The Supreme Court ultimately ruled that IPRA does not contravene the constitution, as it does not grant ownership of natural resources to indigenous communities, but rather gives them rights to utilize resources in their ancestral domains while maintaining state ownership. Ancestral lands also belong to indigenous peoples through native title and are not part of public lands.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Tuesday, June 2, 2015 Search This Blog

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    Cruz vs Secretary of DENR
    Natural Resources and Environmental Law; Constitutional Law; IPRA; Labels

    Regalian Doctrine Constitutional Law (4)


    Intergenerational Responsibility (1)
    GR. No. 135385, Dec. 6, 2000
    Natural Resources
    FACTS:
    and Environmental
    Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and Laws (7) Regalian
    mandamus as citizens and taxpayers, assailing the constitutionality of Doctrine (3) Statutory Construction
    (1)
    certain provisions of Republic Act No. 8371, otherwise known as the
    Indigenous People’s Rights Act of 1997 (IPRA) and its implementing rules
    and regulations (IRR). The petitioners assail certain provisions of the IPRA Blog Archive
    and its IRR on the ground that these amount to an unlawful deprivation of
    ► 2016 (3)
    ►
    the State’s ownership over lands of the public domain as well as minerals
    and other natural resources therein, in violation of the regalian doctrine ▼ 2015 (9)
    ▼

    embodied in section 2, Article XII of the Constitution. ▼ June (8)


    ▼
    Obergefell vs Hodges
    ISSUE: La Bugal-B’laan Tribal
    Do the provisions of IPRA contravene the Constitution? Association, Inc. Vs
    Ramos

    HELD: Republic vs Naguiat


    No, the provisions of IPRA do not contravene the Constitution. Examining Cruz vs Secretary of
    the IPRA, there is nothing in the law that grants to the ICCs/IPs ownership DENR
    over the natural resources within their ancestral domain. Ownership over Laguna Lake
    the natural resources in the ancestral domains remains with the State and Development Authority
    vs CA
    the rights granted by the IPRA to the ICCs/IPs over the natural resources in
    their ancestral domains merely gives them, as owners and occupants of the Tano vs Socrates
    land on which the resources are found, the right to the small scale utilization Oposa vs Factoran
    of these resources, and at the same time, a priority in their large scale
    Secretary of DENR vs Yap
    development and exploitation.
    ► May (1)
    ►
    Additionally, ancestral lands and ancestral domains are not part of the lands
    of the public domain. They are private lands and belong to the ICCs/IPs by
    Popular Posts
    native title, which is a concept of private land title that existed irrespective
    of any royal grant from the State. However, the right of ownership and
    Oposa vs Factoran
    possession by the ICCs/IPs of their ancestral domains is a limited form of Natural and Environmental
    ownership and does not include the right to alienate the same.  Laws; Constitutional Law:
    Intergenerational
    Responsibility GR No.
    at 9:12 AM 101083; July 30 1993
    FACTS: A taxpayer’...
    Labels: case digest, Constitutional Law, Cruz vs Secretary of DENR, GR No. 135385, IPRA,
    Natural Resources and Environmental Laws, Regalian Doctrine Cruz vs Secretary of DENR
    Natural Resources and
    Environmental Law;
    No comments: Constitutional Law; IPRA;
    Regalian Doctrine GR. No.
    135385, Dec. 6, 2000 FACTS
    Post a Comment : Petitio...

    La Bugal-B’laan Tribal
    Association, Inc. Vs Ramos
    Natural Resources and
    Environmental Laws G.R.
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    No. 127882;  January 27,
    2004 FACTS : This petition
    Enter your comment...
    for prohibition and
    mandamus chal...

    Laguna Lake Development


    Comment as: Authority vs CA
    roigatoc1997@ Sign out
    Natural Resources and
    Environmental Laws;
    Statutory Construction GR
    Publish Preview Notify me No. 120865-71; Dec. 7 1995
    FACTS : The Laguna Lake
    Developmen...
    Newer Post Home Older Post
    Rubi vs Provincial Board of
    Subscribe to: Post Comments (Atom) Mindoro
    Constitutional Law : Article
    VI, Sec. 1(Legislative Power;
    Non-Delegation) G.R. No. L-
    14078;  March 7, 1919;  39
    Phil 660 FACTS :...

    Secretary of DENR vs Yap


    Natural Resources and
    Environmental Laws:
    Regalian Doctrine GR No.
    167707; Oct 8, 2008 FACTS:
    This petition is for a review
    on ...

    Tano vs Socrates
    Natural and Environmental
    Laws; Constitutional Law;
    Regalian Doctrine GR No.
    110249; August 21, 1997
    FACTS : On Dec 15, 1992,
    the...

    Republic vs Naguiat
    Natural Resources and
    Environmental Laws G.R.
    No. 134209; January 24,
    2006 FACTS : Celestina
    Naguiat filed an application
    for reg...

    Obergefell vs Hodges
    The landmark case of
    Obergefell vs Hodges upheld
    the rights of same-sex
    couples to marry. The US
    Supreme Court held that the
    Fourteenth Ame...

    2016 BAR Exam Questions -


    Political Law
    The first Sunday of
    November is done with
    hence the 2016 Bar Exam
    questions on Political Law is
    now available. I published
    the questions in ...

    What's with this blog?

    I got tired of reading crappy


    case digests online so I figured
    why not make my own? It's my
    own way of helping out fellow
    law students and in the long run
    maybe I will gather a lot of good
    karma and pass the Bar exams.
    *crosses fingers*
    Hopefully you'll find these
    digests helpful, satisfactory, and
    not...crappy.

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