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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. 49 / 101
[97] MacDonald, Indigenous Peoples of the Philippines, supra, at 345. [98] Samuel K. Tan, A History of the Philippines, p. 54 [1997]. [99] Cordillera Studies Program, Land Use and Ownership and Public Policy in the Cordillera, 29-30 [n.d.]; also cited in Dante B. Gatmaytan, Ancestral Domain Recognition in the Philippines: Trends in Jurisprudence and Legislation, 5 Phil. Nat. Res. L.J. No. 1, pp. 47-48 [1992]. [100] Abelardo, Ancestral Domain Rights, supra, at 98-99, citing Ponciano L. Bennagen, Indigenous Attitudes Toward Land and Natural Resources of Tribal Filipinos, 31 National Council of Churches in the Philippines Newsletter, Oct.-Dec. 1991, at 4-9. [101] Id. at 99, citing June Prill-Brett, Bontok Land Tenure (UP Law library, mimeographed). [102] Ma. Lourdes Aranal-Sereno and Roan Libarios, The Interface of National Land Law and Kalinga Law, 58 P.L.J. 420, 440-441 [1983]. [103] Ibid. [104] Ibid. [105] Ibid. [106] Ma. Lourdes Aranal-Sereno and Roan Libarios, The Interface, supra, at 420. [107] Senate Bill No. 1728 was co-sponsored by Senator Macapagal-Arroyo and co-authored by Senators Alvarez, Magsaysay, Revilla, Mercado, Enrile, Honasan, Tatad, Maceda, Shahani, Osmena and Romulo. The Eighth Congress, through Senators Rasul, Estrada and Romulo filed a bill to operationalize the mandate of the 1987 Constitution on indigenous peoples. The bill was reported out, sponsored an interpellated but never enacted into law. In the Ninth Congress, the bill filed by Senators Rasul and Macapagal-Arroyo was never sponsored and deliberated upon in the floor. [108] Sponsorship Speech of Senator Flavier, Legislative History of SBN 1728, Tenth Congress, Second Regular Session, Senate, Oct. 16, 1996, pp. 15-16. [109] Id. at 12. [110] Id. at 17-18. [111] Id. at 13. [112] Journal of the Tenth Congress of the Philippines, Senate, Session No. 5, Aug. 5-6, 1997, pp. 86-87. [113] Co-authors of the bill were Reps. Ermita, Teves, Plaza, Calalay, Recto, Fua, Luciano, Abad, Cosalan, Aumentado, de la Cruz, Bautista, Singson, Damasing, Romualdo, Montilla, Germino, Verceles--Proceedings of Sept. 4, 1997, pp. 00107-00108. [114] Sponsorship speech of Rep. Andolana of House Bill No. 9125, March 20, 1997.