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Cruz and Europa v. Secretary of Environment and Natural Resources

G.R. No. 135385 · 2000 · Indigenous peoples and ancestral domains

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DIGITAL P. 91 / 101
necessary for its continued implementation shall be included in the annual General Appropriations Act. [53] Section 74. Merger of ONCC/OSCC.--The Office for Northern Cultural Communities (ONCC) and the Office for Southern Cultural Communities (OSCC), created under Executive Order Nos. 122-B and 122-C respectively, are hereby merged as organic offices of the NCIP and shall continue to function under a revitalized and strengthened structure to achieve the objectives of the NCIP x x x. [54] Section 2, Rule 65, 1997 RULES OF CIVIL PROCEDURE. [55] Section 3, Rule 65, 1997 RULES OF CIVIL PROCEDURE. [56] Article VIII of the Constitution states: Sec. 5. The Supreme Court shall have the following powers: (1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. x x x Batas Pambansa Blg. 129 (B.P. 129), as amended, provides: Sec. 9. Jurisdiction.--The Court of Appeals shall exercise: (1) Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction; x x x. Sec. 21. Original jurisdiction in other cases.-- Regional Trial Courts shall exercise original jurisdiction: (1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions; and (2) In actions affecting ambassadors and other public ministers and consuls. [57] Tano vs. Socrates, 278 SCRA 154, 173-174 (1997). [58] 172 SCRA 415 (1989). [59] Id., at 424. [60] Section 7. Rights to Ancestral Domains.--The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected. Such rights shall include: (a) Right of Ownership. - The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional (b) hunting and fishing grounds, and all improvements made by them at any time within the