ConstiLaw_1 G.R. No. 135385 December 6, 2000 ISAGANI CRUZ and CESAR EUROPA, petitioners, vs. SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES, SECRETARY OF BUDGET AND MANAGEMENT and CHAIRMAN and COMMISSIONERS OF THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES, respondents. FACTS Isagani Cruz and Cesar Europa, petitioner, brought this suit for prohibition and mandamus assailing the constitutionality of certain provisions of RA 8371 or Indigenous People Rights Act of 1997 because they believed that there is 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. In compliance, Chairperson and Commissioner of National Commission on Indigenous People (NCIP), government agency created under IPRA, filed their Comment in which they defend the constitutionality of IPRA and that the petition be dismissed for lack of merit. Secretary of DENR and DOJ also filed their separate comment defending the constitutionality of the said law together with CHR and other intervenors. ISSUE Whether or not, IPRA Law is unconstitutional on the ground that it grants ownership over natural resources to indigenous peoples and violated Regalian Doctrine embodied in Section 2, Article XII of the 1987 Constitution. RULING 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.
