Separate Concurring Opinion
10
G.R. No. 224469
political systems were still structured on the patriarchal and kinship
oriented arrangement of power and authority. The economic activities
were governed by the concepts of an anc~ent ~ommunalism and mutual
help. The social structure which emphasized division of labor and
distinction of functions, not status, was maintained. The cultural styles and
forms of life portraying the varieties of social courtesies and ecological
adjustments were kept constantly vibrant.
Land is the central element of the indigenous peoples' existence.
There is no traditional concept of permanent, individual, land ownership.
Among the Igorots, ownership of land more accurately applies to the tribal
right to use the land or to territorial control. The people are the secondary
ovmers or stewards of the land and that if a member of the tribe ceases to
work, he loses his claim of ownership, and the land reverts to the beings of
the spirit world who are its true and primary owners. Under the concept of
"trusteeship," the right to possess the land does not only belong to the
present generation but the future ones as well.
Customary law on land rests on the traditional belief that no one
owns the land except the gods and spirits, and that those who work the
land are its mere stewards. Customary law has a strong preference for
communal ownership, .which could either be ownership by a group of
individuals or families who are related 'by blood or by marriage, or
ownership by residents of the same locality who may not be related by
blood or marriage. The system of communal ownership under customary
laws draws its meaning from the subsistence and highly collectivized
mode of economic production.
As for the Mangyans, their challenges in availing learning facilities
and accessing information are well documented. 33 The location of their
settlements in the mountainous regions of Mindoro, though relatively close
to the nation's capital, is not easily reached by convenient modes of
transportation and communication. Further, the lack of financial resources
discourages indigenous families to avail and/or sustain their children's
education. 34 Certainly, by these circumstances alone, Mangyans cannot
reasonably be compared to those in the lowlands in terms of worldview and
behavior.
In the Mangyans' worldview, the forest is considered a common
property of all the residents of their respective settlements. This means that
33
34
Dong-Hwan Kwon, "The Role of Protestant Mission and the Modernization among Mangyans in the
Philippines", A Journal of Holiness Theology for Asia-Pacific Contexts, ASIA-PACIFIC NAZARENE
THEOLOGICAL SEMINARY, Volume IX, Number 2, December 2013; See also Cepeda, Cody,
"Mundong Mangyan: How Mindoro's Alangan Mangyan face land disputes, lack of teachers, child
marriages",
Published
in
inquirer.net
on
27
November
2019,
<https://newsinfo.inquirer.net/1194726/mundong-mangyan-how-mindoros-alangan-rnangyan-face-landdisputes-lack-of-teachers-childhood-marriages> (visited 06 July 2020).
Ramschie, Corne/is, The Life and Religious Beliefs of the Iraya Katutubo: Implications for Christian
Vol
11
No
2
(2008),
Mission,
INFO
<https://intemationalforurn.aiias.edu/images/volllno02/crarnschie.pdf> (visited 18 August 2020); See
also Caparoso, Jun, Evangelista, Luisito and Quinones, Viktor, The Use of Traditional Climate
Knowledge by the Iraya Mangyans of Mindoro, (2018).