Cruz and Europa v. Secretary of Environment and Natural Resources

MR. REGALADO. Thank you, Madame President. May I seek some clarifications from either Commissioner Bennagen or Commissioner Davide regarding this phrase "CONGRESS SHALL PROVIDE FOR THE APPLICABILITY OF CUSTOMARY LAWS GOVERNING PROPERTY RIGHTS OR RELATIONS in determining the ownership and extent of the ancestral domain," because ordinarily it is the law on ownership and the extent thereof which determine the property rights or relations arising therefrom. On the other hand, in this proposed amendment the phraseology is that it is the property rights or relations which shall be used as the basis in determining the ownership and extent of the ancestral domain. I assume there must be a certain difference in the customary laws and our regular civil laws on property. MR. DAVIDE. That is exactly the reason, Madam President, why we will leave it to Congress to make the necessary exception to the general law on property relations. MR. REGALADO. I was thinking if Commissioner Bennagen could give us an example of such a customary law wherein it is the property rights and relations that determine the ownership and the extent of that ownership, unlike the basic fundamental rule that it is the ownership and the extent of ownership which determine the property rights and relations arising therefrom and consequent thereto. Perhaps, these customary laws may have a different provision or thrust so that we could make the corresponding suggestions also by way of an amendment. MR. DAVIDE. That is exactly my own perception. MR. BENNAGEN. Let me put it this way. There is a range of customary laws governing certain types of ownership. There would be ownership based on individuals, on clan or lineage, or on community. And the thinking expressed in the consultation is that this should be codified and should be recognized in relation to existing national laws. That is essentially the concept. [106] (Emphasis supplied.) The intention to treat ancestral domains as private property is also apparent from the following exchange between Messrs. Suarez and Bennagen: MR. SUAREZ. When we speak of customary laws governing property rights or relations in determining the ownership and extent of the ancestral domain, are we thinking in terms of the tribal ownership or community ownership or of private ownership within the ancestral lands or ancestral domain? MR. BENNAGEN. The concept of customary laws is that it is considered as ownership by private individuals, clans and even communities. MR. SUAREZ. So, there will be two aspects to this situation. This means that the State will set aside the ancestral domain and there is a separate law for that. Within the ancestral domain it could accept more specific ownership in terms of individuals within the ancestral lands. MR. BENNAGEN. Individuals and groups within the ancestral domain. [107] (Emphasis supplied.) It cannot be correctly argued that, because the framers of the Constitution never expressly mentioned Cariño in their deliberations, they did not intend to adopt the concept of native title to land, or that they were unaware of native title as an exception to the theory of jura regalia.[108] The framers of the Constitution, as well as the people adopting it, were presumed to be aware of the prevailing judicial doctrines concerning the subject of constitutional provisions, and courts should take these doctrines into consideration in construing the