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[ G.R. No. 135385. April 13, 1999]

ISAGANI A. CRUZ, et al vs. THE SEC. OF ENVIRONMENT, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 13, 1999.

G.R. No. 135385 (Isagani A. Cruz and Cesar Europa vs. The Secretary of Environment and Natural Resources, The Secretary of Budget and Management and the Chairperson and Commissioners of the National Commission on Indigenous Peoples; Juan M. Flavier and Ponciano Bennagen and the One Hundred Twelve (112) Indigenous Cultural Community Intervenors whohave come from various indigenous people communities in the Cordilleras, Sierra Madre Mountain Range, Palawan, Visayas Islands and Various Parts of Mindanao; and Commission on Human Rights- Intervenors-Respondents.)

The Court Resolved to (1) GRANT the motion for leave to intervene, dated 23 March 1999 filed by counsel for movant intervenors Ikalahan Indigenous People and Haribon Foundation for the Conservation of Natural Resources, Inc., praying that the attached comment-in-intervention be admitted and (2) NOTE the (a) aforesaid comment-in-intervention, dated 23 March 1999 and (b) position of Former Congressman Ronald Adamat and Tribal Communities Association of the Philippines (TRICAP) on the issue of unconstitutionality of R.A. 8371 (IPRA) as raised by former Supreme Court Justice Isagani Cruz, et al., filed by Timuay Ronald L. Adamat Ips Sectoral Representative-10th Congress, Co-Author IPRA and Secretary General TRICAP (not a party to the case).

At the hearing of this case this morning, former Justice Isagani A. Cruz, Attys. Barbara Anne C. Migallos and Troy A. Luna appeared for petitioners with former Justice Isagani A. Cruz, arguing. Atty. David A. Daoas, Chairperson, NCIP, in collaboration with Attys. Sedfrey M. Candelaria and Carlos P. Medina appeared for respondent NCIP with Atty. Candelaria, arguing,while Solicitor General Ricardo P. Galvez, Assistant Solicitor General Carlos N. Ortega, Associate Solicitor Romeo S. Buenaventura appeared for the other public respondent with Solicitor General Galvez, arguing. Atty. Romeo L. Erece appeared on behalf of Commissioner Nasser A. Marohomsalic for intervenor Commission on Human Rights, but orally manifested to the Clerk of Court that in lieu of oral argument, he would just submit memorandum, Attys. Marvic M.V.F. Leonen, Augusto Gatmaytan, Vicente Paolo B. Yu III and Edgar DL. Bernal appeared for intervenor Juan Flavier, et al., and the 112 indigenous cultural community intervenors who have come from varioussd indigenous peoples communities in the Cordilleras, the Sierra Madre Mountain range, Palawan, Visayas Islands and various parts of Mindanao with Attys. Leonen and Gatmaytan arguing. Attys. Ronaldo R. Gutierrez and Armand H. Mejia appeared for intervenors Ikalahan Indigenous People and Haribon Foundation for the Conservation of Natural Resources, Inc. and likewise orally manifested to submit instead memorandum in lieu of oral argument.

In the course of the hearing, the Solicitor General was required to SUBMIT a listing of certificates of ancestral domain claims to indigenous people by the NCIP, to be appended in his memorandum.

After hearing the oral arguments and the issues raised, the Court further Resolved to REQUIRE all the parties to SUBMIT their respective MEMORANDA in amplification of the issues taken up during the oral argument within twenty (20) days from date, after which the petition for prohibition and mandamus, as well as the prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction, shall be deemed submitted for resolution."

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

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