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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. 48 / 101
[80] People v. Cayat, 68 Phil. 12, 17 [1939]. [81] Memorandum of the Secretary of the Interior, quoted in Rubi v. Provincial Board of Mindoro, 39 Phil. 660, 714 [1919]; also cited in People v. Cayat, supra, at 17-18. [82] Rubi v. Provincial Board of Mindoro, supra, at 693. [83] Charles Macdonald, Indigenous Peoples of the Philippines: Between Segregation and Integration, Indigenous Peoples of Asia, p. 348, ed. by R.H. Barnes, A. Gray and B. Kingsburry, pub. by Association for Asian Studies [1995]. The BNCT made a Bontok and subanon ethnography, a history of Sulu genealogy, and a compilation on unhispanized peoples in northern Luzon.--Owen J. Lynch, Jr., The Philippine Colonial Dichotomy: Attraction and Disenfranchisement, 63 P. L. J. 139-140 [1988]. [84] R.A. No. 1888 of 1957. [85] See People v. Cayat, supra, at 21; See also Rubi v. Provincial Board of Mindoro, 39 Phil. 660, 694 [1919] [86] MacDonald, Indigenous Peoples of the Philippines, supra, at 351. [87] The construction of the Ambuklao and Binga dams in the 1950's resulted in the eviction of hundreds of Ibaloi families - Cerilo Rico S. Abelardo, Ancestral Domain Rights: Issues, Responses, and Recommendations, Ateneo Law Journal, vol. 38, No. 1, p. 92 [1993]. [88] Section 11, Art. XV, 1973 Constitution. [89] Presidential Decrees Nos. 1017 and 1414. [90] The PANAMIN, however, concentrated funds and resources on image-building, publicity, and impact projects. In Mindanao, the agency resorted to a policy of forced resettlement on reservations, militarization and intimidation-- MacDonald, Indigenous Peoples of the Philippines, supra, at 349-350. [91] No occupancy certificates were issued, however, because the government failed to release the decree's implementing rules and regulations-- Abelardo, supra, at 120-121. [92] Id., Note 177. [93] Id., at 93-94. [94] MacDonald, Indigenous People of the Philippines, supra, at 351. [95] E.O. Nos. 122-A, 122-B and 122-C. The preamble of E.O. No. 122-B states: "Believing that the new government is committed to formulate more vigorous policies, plans, programs, and projects for tribal Filipinos, otherwise known as Indigenous Cultural Communities, taking into consideration their communal aspirations, customs, traditions, beliefs, and interests, in order to promote and preserve their rich cultural heritage and insure their participation in the country's development for national unity; xxx" [96] Article II, sec. 22; Article VI, sec. 5, par. 2; Article XII, sec. 5; Article XIII, sec. 6; Article XIV, sec. 17; and Article XVI, sec. 12.