Cruz and Europa v. Secretary of Environment and Natural Resources

[203] Words in bold were amendments introduced by R.A. 3872 in 1964. [204] Words in bold were amendments introduced by R.A. 3872 on June 18, 1964. On January 25, 1977, however, Sec. 48 [b] and 48 [c] were further amended by P.D. 1073 stating that these provisions on cultural minorities apply only to alienable and disposable lands of the public domain-- Please see Republic v. CA and Paran, 201 SCRA 1, 10-11 [1991]. [205] Jus utendi, jus fruendi. [206] Jus abutendi. [207] Jus disponendi. [208] Jus vindicandi. Please see Tolentino, Civil Code, vol. II, pp. 45-46 [1992]; see also Tolentino, vol. I, pp. 12- 14. [209] Sec. 55, IPRA provides: "Sec. 55. Communal rights.-- Subject to Section 56 hereof, areas within the ancestral domains, whether delineated or not, shall be presumed to be communally held: provided, That communal rights under this Act shall not be construed as co-ownership as provided in Republic Act No. 386, otherwise known as the New Civil Code." [210] Ibid. [211] Article 494, Civil Code. [212] Antonio M. La Vina, Arguments for Communal Title, Part II, 2 Phil. Nat. Res. L. J. 23 [Dec. 1989]. [213] Section 11, Corporation Code. [214] Sections 60-72, Corporation Code. [215] Section 117, Corporation Code. Please see also La Vina, Arguments for Communal Title, Part II, supra, at 23. [216] Section 5, par. 2, Article XII, 1987 Constitution. [217] Customary law is recognized by the Local Government Code of 1991 in solving disputes among members of the indigenous communities, viz: "Sec. 412 (c) Conciliation among members of indigenous cultural communities.-- The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities." [218] Law writes custom into contract-Hongkong & Shanghai Bank v. Peters, 16 Phil. 284 [1910]. The Civil Code provides: