Cruz and Europa v. Secretary of Environment and Natural Resources

such minerals belong-- also cited in H. de Leon, Phil. Constitutional Law, Principles and Cases, vol. 2, pp. 800- 801 [1999]. [232] See Ground I, Grounds to Issue Writ of Prohibition, Petition, p. 14. [233] Section 7 (b) is subject to Section 56 of the same law which provides: "Sec. 56. Existing Property Rights Regimes.-- Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be recognized and respected." The law took effect 15 days upon publication in the O.G. or in any 2 newspapers of general circulation (Sec. 84, IPRA). The IPRA was published in the Chronicle and Malaya on Nov. 7, 1997. [234] Section 9 of the IPRA also gives the ICCs/IPs the ff. responsibilities over their ancestral domains: (a) Maintain Ecological Balance-- To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves; (b) Restore Denuded Areas.-- To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable renumeration; (c) Observe Laws.-- To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation." Section 58 of the same law also mandates that ancestral domains or portions thereof, which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of government agencies. [235] Hector S. de Leon, Textbook on the New Philippine Constitution pp. 473-474 [1987] citing the 1986 UP Law Constitution Project, The National Economy and Patrimony, p. 11. [236] Under the Small-Scale Mining Act of 1991, "small-scale mining" refers to "mining activities which rely heavily on manual labor using simple implements and methods and do not use explosives or heavy mining equipment"-- Section 3 [b], R.A. 7076. [237] See infra., pp. 77-79?. [238] Andrew Gray, The Indigenous Movement in Asia, Indigenous Peoples of Asia, ed. By Barnes, Gray and Kingsbury, pub. By Ass'n. for Asian Studies, at 35, 42 [1995]. [239] E.g. International Indian Treaty Council, World Council of IPs. [240] Gray, The Indigenous Movement in Asia, supra, at 44, citing the International Work Group for Indigenous Affairs, 1988. [241] Jose Paulo Kastrup, The Internationalization of Indigenous Rights from the Environmental and Human Rights Perspective, 32 Texas International Law Journal 97, 102 [1997]. [242] Benedict Kingsbury, "Indigenous Peoples" in International Law: A Constructivist Approach to the Asian