Cruz and Europa v. Secretary of Environment and Natural Resources

conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they may sustain as a result of the project; and the right to effective measures by the government to prevent any interference with, alienation and encroachment upon these rights; [139] Section 57. Natural Resources within Ancestral Domains.--The ICCs/IPs shall have priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domains. A non-member of the ICCs/IPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding twenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That a formal and written agreement is entered into with the ICCs/IPs concerned or that the community, pursuant to its own decision making process, has agreed to allow such operation: Provided, finally, That the NCIP may exercise visitorial powers and take appropriate action to safeguard the rights of the ICCs/IPs under the same contract. [140] Section 59. Certification Precondition - All departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Such certification shall only be issued after a field-based investigation is conducted by the Ancestral Domains Office of the area concerned: Provided, That no certification shall be issued by the NCIP without the free and prior informed and written consent of Indigenous peoples concerned: Provided, further, That no department, government agency or government-owned or controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process. [141] Section 58. Environmental Considerations.- Ancestral domains or portions thereof, which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by appropriate agencies with the full participation of the Indigenous peoples concerned shall be maintained, managed and developed for such purposes. The Indigenous peoples concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of government agencies. Should the Indigenous peoples decide to transfer the responsibility over the areas, said decision must be made in writing. The consent of the Indigenous peoples should be arrived at in accordance with its customary laws without prejudice to the basic requirements of existing laws on free and prior informed consent: Provided, That the transfer shall be temporary and will ultimately revert to the Indigenous peoples in accordance with the program for technology transfer; Provided, further, That no Indigenous peoples shall be displaced or relocated for the purpose enumerated under this section without the written consent of the specific persons authorized to give consent. [142] Citing Section 2, Article XII of the Constitution. [143] Memorandum of Petitioners, Id., at 840-841. [144] State v. Lathrop, 93 Ohio St 79, 112 NE 209, cited in 16 Am Jur 2d, Constitutional Law, § 100. [145] Old Wayne Mutual Life Assn. v. McDonough, 204 US 8, 51 L Ed 345, cited in 16 Am Jur 2d Constitutional Law, § 100. [146] Third paragraph, Section 2, Article XII, Constitution - The Congress may, by law, allow small scale-utilization of natural resources by Filipino citizens, as well as