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Philippine Bar review · Question

Practice question: Ancestral Domain and Ancestral Lands (RA 8371, Ch. I–III)

Multiple Choice Hard

Practice question

A nomadic ICC/IP proves traditional access to specified areas for subsistence activities within the applicable statutory ancestral-domain conditions. An opposing developer argues the areas are categorically excluded solely because the community no longer exclusively occupies every portion at all times. Which definition is relevant?
  1. Only fenced residential plots can ever be ancestral domain
  2. Nomadic communities are categorically excluded
  3. Traditional subsistence access is never relevant
  4. A developer’s survey automatically extinguishes every claim
  5. Section 3(a) expressly includes certain traditionally accessed areas and home ranges, so nonexclusive current occupation alone is not conclusive

Legal references

  • RA 8371, Indigenous Peoples’ Rights Act, Chapters I–III: https://lawphil.net/statutes/repacts/ra1997/ra_8371_1997.html; Section 3(a).

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