Decision
27
G.R. No. 224469
Constitution, the statutes like IPRA and a host of others like the ones
mentioned by Justice Leonen in his Opinion, the sundry administrative
regulations (one of which Chief Justice Peralta and Justice Caguioa have
taken pains to outline) which seek to reconcile the regalian doctrine and the
civilist concept of ownership with the indigenous peoples' sui generis
ownership of ancestral domains and lands, the international covenants like
the United Nations Declaration on the Rights ofIndigenous Peoples, of which
our country is a signatory, and Philippine and international jurisprudence
which identifies the forms and contents of IP rights.
We hasten to add though that this recognition has not transformed into
a definitive and categorical rule oflaw on its impact as a defense in criminal
cases against IPs arising from the exercise of their IP rights. The ensuing
unfortunate confusion as to true and inescapable merits of these rights in
criminal cases justifies the claim that petitioners' guilt for this ma/um
prohibitum offense is reasonably doubtful.
As succinctly tackled by Justice Caguioa in his opinion: "In any case,
and as aptly noted by the Chief Justice's dissent, doubts have been cast as to
the applicability of the IPRA to the present case, and since such doubt is on
whether or not the petitioners were well-within their rights when they cut the
dita tree, such doubt must be resolved to stay the Court's hand from affirming
their conviction." He further opines that the invocation of IP rights in the case
at bar has "risen to the heights of contested constitutional interpretations .... "
While we do not share Justice Caguioa's opinion in full, we agree with him at
least that there is reasonable doubt as regards the accused' guilt of the
offense charged. Thus:
On this note, it may be well to remember that the case of Cruz which
dealt with the constituti~nality of the provisions of the IPRA was decided
by an equally divided Court. This only goes to show that there are still
nuances concerning the rights of IPs within their ancestral land and domain
that are very much open to varying interpretations. Prescinding from this
jurisprudential history, perhaps the instant case may not provide the most
sufficient and adequate venue to resolve the issues brought about by this
novel piece of legislation. It would be the height of unfairness to burden the
instant case against petitioners with the need to resolve the intricate
Constitutional matters brought about by their mere membership in the IP
community especially since a criminal case, being personal in nature, affects
their liberty as the accused.
The members of the Comi may argue one way or the other, but no
length of legal debate will remove from the fact that this case is still about
two men who acted pursuant to precisely the kind of cultural choice and
community-based environmental agency that they believe IPRA
contemplated they had the freedom to exercise. The petitioners hang their
liberty on the question of whether or not IPRA, vis-a-vis forestry laws, has
to be "measured against an objective standard, that of a rational and informed discussion within the
framework of the statutory regime .... good faith bargaining includes rational discussion, consultation and
reasonable efforts. Judging the objective component of good faith bargaining requires the judge to assess
how the parties carried OH the rational discussion, consultation and reasonable efforts."
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