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Cruz and Europa v. Secretary of Environment and Natural Resources

G.R. No. 135385 · 2000 · Indigenous peoples and ancestral domains

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DIGITAL P. 45 / 101
[24] Ponce, supra, at 32. [25] Peña, Registration of Land Titles and Deeds, p. 26 [1982]; Noblejas, supra, at 32. [26] Noblejas, supra, at 32. [27] Ponce, supra, at 123-124; Noblejas, supra, at 33. [28] 2 Aruego, The Framing of the Philippine Constitution, p. 592 [1937]. [29] Id. at 600. [30] Id. at 600-601. [31] Ibid. [32] Section 7. [33] Section 8. [34] Sections 13 to 20. [35] Sections 21 to 28. [36] Sections 29 to 37. [37] Sections 38 and 40. [38] Sections 74 to 77. [39] Section 69. [40] Section 73. [41] Convention Conerning Indigenous and Tribal Peoples in Independent Countries, June 27, 1989. [42] Guide to R.A. 8371, published by the Coalition for Ips Rights and ancestral Domains in cooperation with the ILO and Bilance-Asia Department, p. 4 [1999]--hereinafter referred to as Guide to R.A. 8371. [43] Taken from the list of IPs sbmitted by Rep. Andolana to the house of Representatives during the deliberations on H.B. No. 9125--Interpellations of Aug. 20, 1997, pp. 00086-00095. "lost tribes" such as the Lutangan and Tatang have not been included. [44] How these people came to the Philippines may be explained by two theories. One view, generally linked to Professor Otley H. Beyer, suggests the "wave theory"--a series of arrivals in the archipelago bringing in different types and levels of culture. The Negritos, dark-skinned pygmies, came between 25,000 to 30,000 B.C. Their cultural remains are preserved by the Negrito-type Filipinos found in Luzon, Visayas and Mindanao. Their relatively inferior culture did not enable them to overcome the pressures from the second wave of people, the Indonesians A and B who came in 5,000 and 3,500 B.C. They are represented today by the Kalinga, Gaddang,