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The indigenous movement can be seen as the heir to a history of anti-imperialism stretching back to prehistoric times.  The movement received a massive impetus during the 1960's from two sources.  First, the decolonization of Asia and Africa brought into the l...

  The struggle of the Filipinos throughout colonial history had been plagued by ethnic and religious differences.  These differences were carried over and magnified by the Philippine government through the imposition of a national legal order that is mostly f...

VITUG, J.:An issue of grave national interest indeed deserves a proper place in any forum and, when it shows itself in a given judicial controversy, the rules of procedure, like locus standi, the propriety of the specific remedy invoked, or the principle of hi...

The term "indigenous" traces its origin to the Old Latin word indu, meaning "within."  In the sense the term has come to be used, it is nearer in meaning to the Latin word indigenus, which means "native."[3] "Indigenous" refers to that which originated or has ...

    The framers of the 1987 Constitution, looking back to the long destitution of our less fortunate brothers, fittingly saw the historic opportunity to actualize the ideals of people empowerment and social justice, and to reach out particularly to the margi...

    A. The petition presents an actual controversy. The time-tested standards for the exercise of judicial review are: (1) the existence of an appropriate case; (2) an interest personal and substantial by the party raising the constitutional question; (3) t...

    The issue of prime concern raised by petitioners and the Solicitor General revolves around the constitutionality of certain provisions of IPRA, specifically Sections 3(a), 3(b), 5, 6, 7, 8, 57, 58 and 59.  These provisions allegedly violate Section 2, Ar...

  A.  IPRA does not violate the Due Process clause. The first corollary issue raised by petitioners is whether IPRA violates Section 1, Article III of the Constitution, which provides that "no person shall be deprived of life, liberty, or property without du...

MENDOZA, J.:This suit was instituted to determine the constitutionality of certain provisions of R.A. No. 8371, otherwise known as the Indigenous Peoples Rights Act.  Petitioners do not complain of any injury as a result of the application of the statute to th...

The Case This Petition for Review on Certiorari[1] assails the following dispositions of the Court of Appeals in CA-G.R. CR No. 33906:a) Decision[2] dated May 29, 2015 affirming the conviction of petitioners Diosdado Sama y Hinupas and Bandy Masanglay y Aceve...

By Decision[16] dated August 24, 2010, the trial court convicted the accused, as charged, thus: ACCORDINGLY, this Court finds accused DIOSDADO SAMA y HINUPAS, DEMETRIO MASANGLAY y ACEVEDA, and BANDY MASANGLAY y ACEVEDA GUILTY beyond reasonable doubt as (princ...

Petitioners asserted anew their IP right to harvest the dita tree logs as part and parcel of the Iraya-Mangyan IPs' rights to cultural integrity and ancestral domain and lands. In particular, they claimed that: (1) pursuant to their cultural practices, they fo...

In its Decision[23] dated May 29, 2015, the Court of Appeals affirmed. It focused on the failure of the accused to present any license agreement, lease, or permit authorizing them to log the dita tree. It also faulted the accused for relying on IPRA as the sou...

Petitioners now seek affirmative relief from the Court, reiterating their plea for acquittal.[25]They maintain that their act of harvesting the dita tree is part and parcel of the Iraya-Mangyans' rights to cultural integrity and ancestral domain and lands. In ...

Is there evidence beyond reasonable doubt, first, of petitioners' ethnicity as Iraya-Mangyan IPs, and second, of the elements of violation of Section 77 of PD 705, as amended? As for the latter, is there evidence beyond reasonable doubt that: the dita tre...

  We acquit.Section 2 of Rule 133 of the Rules of Court defines the standard of proof beyond reasonable doubt: SECTION 2. Proof Beyond Reasonable Doubt. — In a criminal case, the defendant is entitled to an acquittal, unless his guilt is shown beyond a reaso...

  Ha Data Tawahig v. Lapinid[70] explains the expansive breadth of the legal recognition of IP rights by our Constitution: In turn, the Indigenous Peoples' Rights Act's provisions on self- governance and empowerment, along with those on the right to ancestra...

Conceptually, IP rights fall along a spectrum, the cornerstone of which is their degree of connection to the land.[71] Land is the central element of their existence.[72] Civil law land titles do not exist in its economic and social system. The concept of indi...

  SECTION 7. Rights to Ancestral Domains. — The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected. Such rights shall include:a) Right of Ownership. — The right to claim ownership over lands, bodies of ...

ACCORDINGLY, the petition is GRANTED. The Decision dated May 29, 2015 and Resolution dated April 11, 2016 of the Court of Appeals in CA-G.R. CR No. 33906 are REVERSED and SET ASIDE. Petitioners DIOSDADO SAMA y HINUPAS, BANDY MASANGLAY y ACEVEDA and accused Dem...