Cruz and Europa v. Secretary of Environment and Natural Resources

of the Problem of Discrimination against indigenous population, UN Doc. E/CN.4/Sub. 2/1986/ 7/ Add. 4, paras. 379-80. [6] Ibid. This definition is criticized for taking the potentially limited, and controversial view of indigenous peoples by requiring "historical continuity with pre-invasion and pre-colonial societies that developed on their territories." [7] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 34. [8] Rubi v. Provincial Board of Mindoro, 39 Phil. 660, 680 (1919). [9] Hearing before the Committee on the Philippines, United States Senate, Sixty-Third Congress, Third Session on HR 18459, pp. 346, 351. Quoted in Rubi at 686. [10] United States President McKinleys' Instruction to the Philippine Commission, April 7, 1900, quoted in Rubi at 680. [11] US v. Tubban, 29 Phil. 434, 436 (1915). [12] See Owen J. Lynch, Jr., INVISIBLE PEOPLES AND A HIDDEN AGENDA: The Origins of Contemporary Philippine Land Laws (1900-1913), 63 PLJ 249 (1988). [13] For an introduction to the chasm that exists between Philippine Law and Indigenous Custom Law, see Owen J. Lynch, Jr., Native Title, Private Right and Tribal Land Law: An Introductory Survey 52 PLJ 268 (1982); and the Philippine Indigenous Law Collection: An Introduction and Preliminary Bibliography, 58 PLJ 457 (1983), by the same author. [14] See RENATO CONSTANTINO, THE PHILIPPINES: A PAST REVISITED (1975), pp. 26-41; TEODORO AGONCILLO, A HISTORY OF THE FILIPINO PEOPLE, 8th ed., pp. 5, 74-75. [15] Response of Rep. Gregorio A. Andolana to the interpellation of Rep. John Henry R. Osmeña on ouse Bill No. 9125, Journal of August 20 and 21, 1997 of the House of Representatives, p.20. [16] Philippines Yearbook (1998 ed.), p. 366. [17] Article II of the Constitution, entitled State Principles and Policies. [18] Article XII of the Constitution, entitled National Economy and Patrimony. [19] Article XIII of the Constitution, entitled Social Justice and Human Rights. [20] Ibid. [21] Article XIV of the Constitution, entitled Education, Science, Technology, Arts, Culture, and Sports. [22] Article XVI of the Constitution, entitled General Provisions. [23] SECTION 2. Declaration of State Policies . - The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework