The document discusses several key concepts:
1. It summarizes the key aspects of the Indigenous Peoples' Rights Act (IPRA) which grants indigenous people ownership over their ancestral domains and lands.
2. It discusses the concepts of ancestral domains, ancestral lands, indigenous cultural communities, and indigenous peoples as defined by IPRA.
3. It provides an overview of the concepts of regalian doctrine, aboriginal title, and native title as they relate to land ownership under Philippine law.
The document discusses several key concepts:
1. It summarizes the key aspects of the Indigenous Peoples' Rights Act (IPRA) which grants indigenous people ownership over their ancestral domains and lands.
2. It discusses the concepts of ancestral domains, ancestral lands, indigenous cultural communities, and indigenous peoples as defined by IPRA.
3. It provides an overview of the concepts of regalian doctrine, aboriginal title, and native title as they relate to land ownership under Philippine law.
The document discusses several key concepts:
1. It summarizes the key aspects of the Indigenous Peoples' Rights Act (IPRA) which grants indigenous people ownership over their ancestral domains and lands.
2. It discusses the concepts of ancestral domains, ancestral lands, indigenous cultural communities, and indigenous peoples as defined by IPRA.
3. It provides an overview of the concepts of regalian doctrine, aboriginal title, and native title as they relate to land ownership under Philippine law.
CRUZ VS SECRETARY OF DENR (SEPARATE OPINION Ancestral domains- all areas belonging to ICCs/IPs held under a claim of
ownership, occupied, possessed by ICCs/IPs
OF PUNO, J) Ancestral lands- lands that are not merely occupied and possessed but are also utilized by the ICCs/ IPs Promulgation of IPRA which introduced concepts into the Philippine Legal System which appear to collide with settled constitutional precepts on state ownership of land and other NATURE OF LEGAL PROFESSION natural resources IPRA was enacted not only to fulfill the mandate of protecting Practice of law is a profession the indigenous cultural communities right to their ancestral Profession- refers to a group of men pursuing a learned art as a land but to correct a grave historical injustice to the common calling in the spirit of public service indigenous people The main goal should be the spirit of public service and the administration of justice IPRA RA 8371 Gaining profit is merely incidental it is not a mere Grants indigenous people the ownership and possession of moneymaking trade their ancestral domains and lands and defines the extent. It differs from a trade or business because the primary purpose of the latter is economic gain or profit Indigenous Cultural Communities/Indigenous People Group of people or homogenous societies who have NOTE: The fact that it undergoes a licensure exam is a clue that it is a continuously lived as an organized community on communally profession. bounded and defined territory Three Ideas involved in a profession Regalian Doctrine 1. Organization- lawyers organize themselves as a profession thru the All lands which are held without proper and true deeds of bar associations grant be restored to the Spanish Crown One of the reasons why they are organizing a bar association It required the registration of all agricultural lands, otherwise is for mutual protection and benefit the lands shall revert to the state 2., Learning- professions are learned not only from the nature of the art Act no. 926- first Public Land Act but historically have a cultural, and ideal side which furthers the exercise of that art Recopilacion de leyes de las Indias They must be learned men All the occupants of public lands are required to produce before the authorities their title papers. 3. Spirit of public service- every profession aims at the exercise of Those who had good title or showed prescription were to be powers beneficial to mankind protected in their holdings. Otherwise, the land would be restored to the Crown Legal profession is a privilege and a right Privilege Valenton vs Murciano Granted only by the Supreme Court to those deserving Plaintiffs had entered into peaceful occupation of the subject individuals land while Defendant purchased the land from the provincial It is accorded only to those who measure up to the exacting treasurer standards of mental and moral fitness ISSUE: Which is the better basis for ownership of land: long Continued possession of good moral character time occupation or paper title RULING: Valenton had no rights other than those which Right accrued to mere possession. Murciano was deemed to be the A lawyer cannot be prevented from practicing law except owner of the land by virtue of the grant. Valenton upheld the upon valid cause and only after affording him due process Spanish concept of state ownership of public land He has the right to protest in anything which he thinks is prejudicial to the administration of justice Carino vs Insular Government Carino sought to register with the land registration court 146 Good Moral Character hectares of land. He claimed that this land had been Is a condition which precedes to the Bar and is not dispensed possessed and occupied by his ancestors since time with upon admission immemorial It is a continuing qualification which all lawyers must possess Ruled in favor of Carino Native title-rights to lands and domains held under a claim of private “Lawyers are not hired guns” ownership as far back as memory reaches They are not hired guns to do their client’s bidding Carino case: No application of Regalian doctrine o Presumes that the land is private and was never Standards of legal profession (Justice Vicente Mendoza) public 1. Independence- lawyers are professionals who must conduct o Under the Public Land Act, land sought to be themselves in a professional way registered must be public agricultural land. If the A lawyer must represent his client with zeal within the bounds conditions are complied with, the land ceases to be of the law part of the public domain and is converted to Must be immersed with their clients cases but not drown private property themselves into their client’s causes Aboriginal title- rests on actual, exclusive and continuous use and 2. Accessibility occupancy for a long time Legal services must be available to all They should be able to aid the public in the selection of a competent lawyer as part of its duty to make its services available Legal services are needed not only by indigent persons but even by those who are able to pay their way but do not know whom to engage as counsel
NOTE: Just as there is a need for preventive medicine, there is also a
need for preventive legal counseling so that parties will be saved from the trouble, expense and anxiety of litigation 3. Learning The bar must be able to communicate to the public its aims and purposes It must be able to explain to lay people the laws and regulations in clear, simple and understandable language so that public respect for the law will be fostered