Cruz v.

NCIP,

Facts: 

Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and mandamus as citizens and
taxpayers, assailing the constitutionality of certain provisions of Republic Act No. 8371, otherwise known
as the Indigenous People’s Rights Act of 1997 (IPRA) and its implementing rules and regulations (IRR).
The petitioners assail certain provisions of the IPRA and its IRR on the ground that these amount to an
unlawful deprivation of the State’s ownership over lands of the public domain as well as minerals and
other natural resources therein, in violation of the regalian doctrine embodied in section 2, Article XII of
the Constitution.

Issue:

Whether or not the IPRA law is unconstitutional.

Held:

As the votes were equally divided (7 to 7) and the necessary majority was not obtained, the case was
redeliberated upon. However, after redeliberation, the voting remained the same. Accordingly, pursuant
to Rule 56, Section 7 of the Rules of Civil Procedure, the petition is DISMISSED.(Cruz vs Secretary of
DENR, GR. No. 135385, Dec. 6, 2000)