Cruz and Europa v. Secretary of Environment and Natural Resources

[104] BLACK'S LAW DICTIONARY, 5th ed., p. 1189. [105] Ibid. [106] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 32. [107] Id., at 37. [108] Solicitor General's Memorandum, Rollo, p. 665. [109] Torres v. Tan Chim, 69 Phil 518 (1940); CIR v.Guerrero, 21 SCRA 180 (1967). [110] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 36. [111] See 1 COOLEY, CONST., LIMITATIONS, 8th ed., pp. 127-129. [112] See pp. 8-9 of this Opinion for the full text of the constitutional provisions mentioned. [113] Section 1, Article XII provides: The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices. In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives and similar collective organizations, shall be encouraged to broaden the base of their ownership. (Emphasis supplied.) [114] BERNAS, THE INTENT OF THE 1986 CONSTITUTION WRITERS, p. 800, citing the sponsorship speech of Dr. Bernardo Villegas, Chairman of the Committee on National Economy and Patrimony. [115] 4 RECORD OF THE CONSTITUTIONAL COMMISSION 34. [116] Petition, Rollo, pp.18-19. [117] Id., at 20. [118] Section 3. Definition of Terms. --For Purposes of this Act, the following terms shall mean: a) Ancestral Domains. --Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by