17.

Cruz vs Secretary of DENR (Constitutionality)

GR. No. 135385, Dec. 6, 2000

Facts: Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and mandamus as citizens and
taxpayers, assailing the constitutionality of 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 and its IRR on the ground that these amount to an unlawful
deprivation of 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 embodied in section 2, Article XII of the
Constitution.

Issue: Whether the IPRA law is unconstitutional

Held: Seven (7) voted to dismiss the petition and Seven (7) other members of the Court voted to grant
the petition. As the votes were equally divided (7 to 7) and the necessary majority was not obtained, the
case was redeliberated upon. However, after redeliberation, the voting remained the same. Accordingly,
pursuant to Rule 56, Section 7 of the Rules of Civil Procedure, the petition is DISMISSED. (eto lang tlga
nakalagay sa case)

(No, the provisions of IPRA do not contravene the Constitution. Examining the IPRA, there is nothing in
the law that grants to the ICCs/IPs ownership over the natural resources within their ancestral domain.
Ownership over the natural resources in the ancestral domains remains with the State and 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 land on which the resources are found, the right to the small scale
utilization of these resources, and at the same time, a priority in their large scale development and
exploitation. 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 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
possession by the ICCs/IPs of their ancestral domains is a limited form of ownership and does not include
the right to alienate the same.) *** Not in the case, just copied from one source