Cruz vs. Secretary

CRUZ vs. SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES

G.R. No. 135385              

December 6, 2000

Case Summary:

Petitioners assailed the constitutionality of some of the provisions of the IPRA Law and its Implementing Rules and Regulations. 

The respondent, Secretary of DENR submitted its comment through the Solicitor General:  The Solicitor General is of the view that the IPRA is partly unconstitutional on the ground that it grants ownership over natural resources to indigenous peoples and prays that the petition be granted in part.

A group of intervenors defended the constitutionality of such act. Even CHR asserts that IPRA is an expression of the principle of parens patriae and that the State has the responsibility to protect and guarantee the rights of those who are at a serious disadvantage like indigenous peoples.

The petitioners in this case contended that the law is unconstitutional on the ground that they 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.

After due deliberation the members of the Court voted 7 – 7.  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.