Cruz and Europa v. Secretary of Environment and Natural Resources

[185] Ibid. [186] D. Gatmaytan, supra, citing Churchill, The Earth is Our Mother: Struggles for American Indian Land and Liberation in the Contemporary United States, The State of Native America: Genocide, Colonization and Resistance 139 (M. Jaimes 1992); and Indian Law Resource Center, United States Denial of Indian Property Rights: A Study in Lawless Power and Racial Discrimination, Rethinking Indian Law 15 (National Lawyers Guild, Committee on Native American Struggles 1982). [187] Id., Note 28, stating that some earlier decisions of the U.S. Supreme Court have held that Congress is subject to the strictures of the Constitution in dealing with Indians. When an Indian property is taken for non- Indian use, the U.S. government is liable for payment of compensation, and an uncompensated taking may be enjoined. F. Cohen, Handbook of Federal Indian Law 217 [1982], citing Shoshone Tribe v. U.S. 299 U.S. 476 [1937]; Choate v. Trapp, 224 U.S. 665 [1912]; and Lane v. Pueblo of Santa Rosa, 249 U.S. 110 [1919]. [188] See Discussion, infra, Part IV (c) (2). [189] Susi v. Razon, 48 Phil. 424 [1925]; Herico v. Dar, 95 SCRA 437 [1980]. [190] Ibid. [191] Director of Lands v. Intermediate Appellate Court, 146 SCRA 509 [1986]; Director of Lands v. Buyco, 216 SCRA 78 [1992]; Republic v. Court of Appeals and Lapina, 235 SCRA 567 [1994]. [192] 75 Phil. 890 [1946]. [193] Id. at 892. [194] Sec. 48 [b], C.A. 141. [195] Sec. 48 [c], C.A. 141, as amended. This provision was added in 1964 by R.A. 3872. [196] Section 12, IPRA. [197] "Time immemorial" refers "to a period of time when as far back as memory can go, certain ICCs/Ips are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions." (Sec. 3 [p], IPRA). [198] Section 2, C.A. 141. [199] Section 8, C.A. 141. [200] The classification of ancestral lands 18% in slope or over as alienable in the IPRA is an exception to Section 15, P.D. 705, the Revised Forestry Code. [201] Charles MacDonald, Indigenous Peoples of the Philippines: Between Segregation and Integration, Indigenous Peoples of Asia, supra, at pp. 345, 350. [202] Section 5, Article XII, 1987 Constitution.