9/26/2017 CASE DIGEST: Cruz v. Secretary of Environment and Natural Resources [G.R. No.

135385, 2000] – Emir Mendoza

Emir Mendoza

MAY 30, 2016 BY EMIR MENDOZA

CASE DIGEST: Cruz v. Secretary of Environment

and Natural Resources [G.R. No. 135385, 2000]

Cruz v. Secretary of Environment and Natural Resources (2000)

Petitioners: Isagani Cruz

Respondents: Secretary of Environment and Natural Resources

Topic: Territory !eo"le and #overnment $ Territory

SUMMARY: !etitioners assail t%e constitutionality of certain "rovisions of t%e Indigenous

!eo"les Rig%ts &ct of ' (I!R&) or R& *+' and its Im"lementing Rules and Regulations (IRR). ,o-
ever due to a tie vote ($) after due delieration and re$delieration t%e "etition
-as dismissed. (T%us t%e se"arate o"inions are more im"ortant in t%is case).

FACTS: See issues.

ISSUE/S:

• Most important issue: /oN Sections +(a) and ()  1  * and  and * of R&
*+'I!R& and its IRR are unconstitutional for unla-fully de"riving t%e State of
its o-ners%i" over lands of t%e "ulic domain minerals and ot%er natural
resources t%erein violating t%e regalian doctrine ens%rined in Section 2 &rticle
3II of t%e Constitution
o Justice Kapunan: N4.

Said "rovisions affirming t%e o-ners%i" y indigenous "eo"les of t

%eir ancestral lands and domains y virtue of native title ( definition5
lands %eld in "rivate o-ners%i" since time immemorial) do not diminis% t
%e State6s o-ners%i" of lands -it%in t%e "ulic domain ecause said
ancestral lands and domains are considered as "rivate land and never
to %ave
een "art of t%e "ulic domain follo-ing t%e doctrine laid do-n in Cariño v.
Insular Government.
Section +(a) does not confer or recognize any rig%t of o-ners%i" over t%e
natural resources to t%e ICCsI!s. Its "ur"ose is definitional and not
declarative of a rig%t or title.
Section  only grants 7"riority rig%ts8 to ICCsI!s in t%e utilization of

View this document on Scribd (htp://www.scribd.com/doc/314240779)

https://emirvmendoza.wordpress.com/2016/05/30/case-digest-cruz-v-secretary-of-environment-and-natural-resources-g-r-no-135385-2000/ 1/3
Addendum to Cruz v. Secretary of Environment and Natural Resources

1. What are the four modes of exploiting natural resources? (Section 2, Article XII of
the Constitution)

Justice Puno:

The Constitution provides that in the exploration, development and utilization of these natural
resources, the State exercises full control and supervision, and may undertae the same in
four (!) modes"

#$ The State may directly undertae such activities% or

2$ The State may enter into co&production, 'oint venture or

production&sharin areements ith *ilipino citizens or +ualified corporations%

$ Conress may, -y la, allo small&scale utilization of natural resources -y *ilipino citizens%

!$ *or the lare&scale exploration, development and utilization of minerals, petroleum and
other mineral oils, the .resident may enter into areements ith forein&oned
corporations involvin technical or financial assistance$

2. Which of the following modes apply for indigenous

people? According to Justice Puno:

The mall!cale "tili#ation of $atural %esources &n ec. ' ()* of the &P%A &s Allowed
"nder Paragraph +, ection 2 of Article -&& of the onstitution

xxx

The limited rihts of /manaement and use/ in Section 0 (-) must -e taen to contemplate
small&scale utilization of natural resources as distinuished from lare&scale$ Small&scale
utilization of natural resources is expressly alloed in the third pararaph of Section 2, Article XII
of the Constitution /in reconition of the pliht of forest dellers, old panners, marinal fishermen
and others similarly situated ho exploit our natural resources for their daily sustenance
and survival$/ Section 0 (-) also expressly mandates the ICCs1I.s to manae and conserve these
resources and ensure environmental and ecoloical protection ithin the

View this document on Scribd (htp://www.scribd.com/doc/314241129)

 X

This entry was posted in Case digests and tagged case digest. Bookmark the permalink.

Blog at WordPress.com.