OFFICE OF THE PRESIDENTIAL ADVISOR ON THE PEACE PROCESS (OPAPP)COMMUNICATIONS UNIT3
Article X Section 1 states that:
“The territorial and political
subdivisions of the Republic of the Philippines are the provinces,cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao
and the Cordilleras as hereinafter provided.”
Also in Section 15 under the Autonomous Regions:
here shall be created autonomous regions in Muslim Mindanao and in the Cordillerasconsisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as
territorial integrity of the Republic of the Philippines.”
This also in line with Pres. Aquino signing of the Organic Act providing the CordilleraAutonomous Region (CAR), the Constitution under Section 20 dictates that:
“Within its territorial jurisdiction and subject to the provisions of this Constitution and national
laws, the organic act of autonomous regions shall provide for legislative powers over:1.
Creation of sources of revenues;3.
Ancestral domain and natural resources;4.
Personal, family, and property relations;5.
Regional urban and rural planning development;6.
Economic, social, and tourism development;7.
Preservation and development of the cultural heritage; and 9.
Such other matters as may be authorized by law for the promotion of the general welfare
of the people of the region.”
Ownership and Delineation of Ancestral Doman: Customary vs. National Laws
Indigenous peoples have the fundamental right of ownership to their ancestral lands and domain.The customary law regarding ownership was through the peace pacts made between tribes,narrative description and simple mapping techniques.Incursion by the government began as early as the Spanish colonial era. This was through theRegalian Doctrine in which it unilaterally declares all lands discovered and explored by Spanishtraders and
are to be under the ownership and exploitation of the Spanish Crown.This doctrine therefore gave the State the right to own and manage the natural resourcesharvested from the acquired lands. In effect these ancestral lands became public domain owned