Separate Opinion
12
G.R. No. 224469
measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs
customs or lack of understanding of laws to secure ownership, possession
of land belonging to said ICCs/IPs. (Emphasis and underscoring supplied)
In fact, compared to P.D. 705, Sec. 77, the provision on "unauthorized
and unlawful intrusion" (Sec. 72) bears a heavier penalty:
SECTION 72. Punishable Acts and Applicable Penalties. - Any
person who commits violation of any of the provisions of this Act, such as,
but not limited to, unauthorized and/or unlawful intrusion upon any
ancestral lands or domains as stated in Sec. 10, Chapter III, or shall
commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter
V, Section 33, Chapter VI hereof, shall be punished in accordance with the
customary laws of the ICCs/IPs concerned: Provided, That no such penalty
shall be cruel, degrading or inhuman punishment: Provided,further, That
neither shall the death penalty or excessive fines be imposed. This provision
shall be without prejudice to the right of any ICCs/IPs to avail of the
protection of existing laws. In which case, any person who violates any
provision of this Act shall, upon conviction, be punished by
imprisonment of not less than nine (9) months but not more than twelve
(12) years or a fine of not less than One hundred thousand pesos
(Pl00,000) nor more than Five hundred thousand pesos (PS00,000) or
both such fine and imprisonment upon the discretion of the court. In
addition, he shall be obliged to pay to the ICCs/IPs concerned whatever
damage may have been suffered by the latter as a consequence of the
unlawful act. (Emphasis and underscoring supplied)
The IPRA itself allows non-members ofIPs to utilize natural resources
in ancestral domains, subject to certain conditions:
SECTION 57. Natural Resources within Ancestral Domains. The ICCs/IPs shall have priority rights in the harvesting, extraction,
development or exploitation of any natural resources within the ancestral
domains. A non-member of the ICCs/lPs concerned may be allowed to
take part in the development and utilization of the natural resources
for a period of not exceeding twenty-five' (25f years renewable for not
more than twenty-five (25) years: Provided, That a formal and written
agreement is entered into with the ICCs/IPs concerned or that the
community, pursuant to its own decision making process, has agreed to
allow such operation: Provided,finally, That the NCIP may exercise
visitorial powers and take appropriate action to safeguard the rights of the
ICCs/IPs under the same contract. 30 (Emphasis and underscoring supplied)
Simply put, when it comes to ancestral domains, Sec. 77 of P .D. 705 no
longer finds application as it is the provisions ofIPRA that have kicked in and
now operate.
Do IPs have unbridled discretion as regards the utilization of natural
resources which may be found in their ancestral domains? In other words, do
the "priority rights" granted by Sec. 57 mean that IPs can exploit the natural
resources in ancestral domains without limits? Again, the answer is no.
30
IPRA, Sec. 57.