Supreme Court En Banc Decision GR # 135385
EN BANC[ G.R. No. 135385, December 06, 2000 ]
[ G.R. No. 135385, December 06, 2000 ]
ISAGANI CRUZ AND CESAR EUROPA, PETITIONERS, VS. SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES, S...
PER CURIAM
Petitioners Isagani Cruz and Cesar Europa brought this suit for prohibition and mandamus as citiz...
PRECIS
A classic essay on the utility of history was written in 1874 by Friedrich Nietzsche entitled ...
I. THE DEVELOPMENT OF THE REGALIAN DOCTRINE IN THE PHILIPPINE LEGAL SYSTEM.
A. The Laws of the IndiesThe capacity of the State to own or acquire property is the state's p...
II. THE INDIGENOUS PEOPLES RIGHTS ACT.
Republic Act No. 8371 is entitled "An Act to Recognize, Protect and Promote the Rights of Indigen...
III. THE IPRA IS A NOVEL PIECE OF LEGISLATION.
A. The Legislative History of the IPRA It was to address the centuries-old neglect of the Philip...
IV. THE PROVISIONS OF THE IPRA DO NOT CONTRAVENE THE CONSTITUTION.
A. Ancestral Domains and Ancestral Lands are the Private Property of Indigenous Peoples and Do N...
V. THE IPRA IS A RECOGNITION OF OUR ACTIVE PARTICIPATION IN THE INDIGENOUS INTERNATIONAL MOVEMENT.
The indigenous movement can be seen as the heir to a history of anti-imperialism stretching back ...
CONCLUSION
The struggle of the Filipinos throughout colonial history had been plagued by ethnic and relig...
SEPARATE OPINION
VITUG, J.:An issue of grave national interest indeed deserves a proper place in any forum and, wh...
A Historical Backdrop on the Indigenous Peoples
The term "indigenous" traces its origin to the Old Latin word indu, meaning "within." In the sen...
The Constitutional Policies on Indigenous Peoples
The framers of the 1987 Constitution, looking back to the long destitution of our less fort...
Preliminary Issues
A. The petition presents an actual controversy. The time-tested standards for the exercise...
Substantive Issues Primary Issue
The issue of prime concern raised by petitioners and the Solicitor General revolves around ...
Corollary Issues
A. IPRA does not violate the Due Process clause. The first corollary issue raised by petitio...
SEPARATE OPINION
MENDOZA, J.:This suit was instituted to determine the constitutionality of certain provisions of ...