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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
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