Decision
43
G.R. No. 224469
debunking on reasonable doubt the claim that petitioners intended and
voluntarily cut and collected the dita tree without lawful authority. Justice
Caguioa expresses the same view which we quote:
. . . . the self-limiting and tight window within which the
indigenous peoples may cut trees from their own ancestral domain without
prior permission is narrow enough as to sidestep any need to reconcile
rights granted by IPRA vis-a-vis forestry regulations. This supports the
primary aspiration that animates the IPRA, that is to restore ICCs/IPs
to their land and affirm their right to cultural integrity and customary
ways of life, with socio-cultural and legal space to unfold as they have
done since time immemorial ....
I submit that perhaps, if not with this case, a tightrope must
eventually be walked with respect to the issues of environmental
sustainability and indigenous peoples' rights, without having to weaken
one to enable the other.
For as affirmed by the IPRA, the cultural identity of the
indigenous peoples has long been inseparable from the environment
that surrounds it. There is, therefore, no knowable benefit in an
indigenous custom or cultural belief that truthfully permits plunder of
the environment that they hold synonymous with their collective identity.
No legally sound argument may be built to support the premise that we
ought not affirm the freedom of these indigenous peoples because they
might exercise such freedom to bulldoze their own rights.
That the experience on the ground shows abuses from unscrupulous
non-members of ICCs/IPs of ancestral domains does not merit that the very
same indigenous communities that have been taken advantage of be made
to pay the highest cost of relinquishing what little control that was restored
to them by law.
Indeed, there is reasonable doubt as to the existence of petitioners' IP
right to log the dita tree for the construction of a communal toilet for the IrayaMangyan ICC. It is engendered by the more expansive definition of
authority under the law, the bundle of petitioners' IP rights both under
the Constitution and IPRA, and a host of others like the ones mentioned by
Justice Leonen in his Opinion, the sundry administrative regulations 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 of Indigenous Peoples, of which our country is a signatory, and
Philippine and international jurisprudence which identifies the forms and
contents of IP rights. In addition, we have the ever growing respect,
recognition, protection, and preservation accorded by the State to the IPs,
including their rights to cultural heritage and ancestral domains and
lands.
This finding of reasonable doubt absolves not only petitioners but
also accused Demetrio Masanglay y Aceveda of criminal liability for the
offense charged. Section 1 l(a), Rule 122 of the Rules of Court ordains:
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