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CRUZ VS SECRETARY OF DENR (SEPARATE OPINION

OF PUNO, J)

  Promulgation of IPRA which introduced concepts into the

Philippine Legal System which appear to collide with settled

constitutional precepts on state ownership of land and other

natural resources

  IPRA was enacted not only to fulfill the mandate of protecting

the indigenous cultural communities right to their ancestral

land but to correct a grave historical injustice to the

indigenous people

IPRA RA 8371

 

Grants indigenous people the ownership and possession of

their ancestral domains and lands and defines the extent.

Indigenous Cultural Communities/Indigenous People

  Group of people or homogenous societies who have

continuously lived as an organized community on communally

bounded and defined territory

Regalian Doctrine

 

All lands which are held without proper and true deeds of

grant be restored to the Spanish Crown

 

It required the registration of all agricultural lands, otherwisethe lands shall revert to the state

Act no. 926- first Public Land Act 

Recopilacion de leyes de las Indias

 

All the occupants of public lands are required to produce

before the authorities their title papers.

 

Those who had good title or showed prescription were to be

protected in their holdings. Otherwise, the land would be

restored to the Crown

Valenton vs Murciano

  Plaintiffs had entered into peaceful occupation of the subject

land while Defendant purchased the land from the provincialtreasurer

 

ISSUE: Which is the better basis for ownership of land: long

time occupation or paper title

 

RULING: Valenton had no rights other than those which

accrued to mere possession. Murciano was deemed to be the

owner of the land by virtue of the grant. Valenton upheld the

Spanish concept of state ownership of public land

Carino vs Insular Government

  Carino sought to register with the land registration court 146

hectares of land. He claimed that this land had been

possessed and occupied by his ancestors since time

immemorial

 

Ruled in favor of CarinoNative  title-rights to lands and domains held under a claim of private

ownership as far back as memory reaches

  Carino case: No application of Regalian doctrine

o 

Presumes that the land is private and was never

public

o 

Under the Public Land Act, land sought to be

registered must be public agricultural land. If the

conditions are complied with, the land ceases to be

part of the public domain and is converted to

private property

Aboriginal  title- rests on actual, exclusive and continuous use and

occupancy for a long time

Ancestral domains- all areas belonging to ICCs/IPs held under a claim

ownership, occupied, possessed by ICCs/IPs

Ancestral lands- lands that are not merely occupied and possessed

are also utilized by the ICCs/ IPs

NATURE OF LEGAL PROFESSION  

Practice of law is a profession

Profession- refers to a group of men pursuing a learned art as

common calling in the spirit of public service

 

The main goal should be the spirit of public service and tadministration of justice

  Gaining profit is merely incidental it is not a m

moneymaking trade

  It differs from a trade or business because the prim

purpose of the latter is economic gain or profit

NOTE: The fact that it undergoes a licensure exam is a clue that it i

profession.

Three Ideas involved in a profession

1. Organization- lawyers organize themselves as a profession thru

bar associations

  One of the reasons why they are organizing a bar associat

is for mutual protection and benefit

2., Learning- professions are learned not only from the nature of the

but historically have a cultural, and ideal side which furthers t

exercise of that art

  They must be learned men

3. Spirit  of   public  service- every profession aims at the exercise

powers beneficial to mankind

Legal profession is a privilege and a right

Privilege

  Granted only by the Supreme Court to those deserv

individuals

 

It is accorded only to those who measure up to the exactstandards of mental and moral fitness

  Continued possession of good moral character

Right

  A lawyer cannot be prevented from practicing law exce

upon valid cause and only after affording him due process

  He has the right to protest in anything which he thinks

prejudicial to the administration of justice

Good Moral Character

 

Is a condition which precedes to the Bar and is not dispens

with upon admission

 

It is a continuing qualification which all lawyers must posses

“Lawyers are not hired guns”  

  They are not hired guns to do their client’s bidding 

Standards of legal profession (Justice Vicente Mendoza)

1. Independence- lawyers are professionals who must cond

themselves in a professional way

  A lawyer must represent his client with zeal within the boun

of the law

 

Must be immersed with their clients cases but not dro

themselves into their client’s causes 

2. Accessibility

  Legal services must be available to all

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  They should be able to aid the public in the selection of a

competent lawyer as part of its duty to make its services

available

  Legal services are needed not only by indigent persons but

even by those who are able to pay their way but do not know

whom to engage as counsel

NOTE: Just as there is a need for preventive medicine, there is also a

need for preventive legal counseling so that parties will be saved from

the trouble, expense and anxiety of litigation

3. Learning

 

The bar must be able to communicate to the public its aimsand purposes 

 

It must be able to explain to lay people the laws and

regulations in clear, simple and understandable language so

that public respect for the law will be fostered