Separate Concurring Opinion
G.R. No. 224469
34
of another." Moreover, ownership is said to have the attributes of jus
utendi, fruendi, abutendi, disponendi et vindicandi. One therefore is said
to own a piece of land when s/he exercises, to the exclusion of all others,
the rights to use, enjoy the fruits and alienate or dispose of it in any
manner not prohibited by law. 168
On the other hand, IPRA defines indigenous concept of ownership
over ancestral domains in the following manner:
SECTION 5. Indigenous Concept of Ownership. - Indigenous
concept of ownership sustains the view that ancestral and all resources
found therein shall serve as the material bases of their cultural integrity.
The indigenous concept of ownership generally holds that ancestral
domains are the ICC's/IP's private but community property which belongs
to all generations and therefore cannot be sold, disposed or destroyed. It
likewise covers sustainable traditional resource rights. 169
The concept of ownership introduced by IPRA is distinct in the sense
that, unlike the Civil Code which puts emphasis on individual and corporate
holders, IPRA stresses the private but communal nature of ancestral
domains. Furthermore, IPRA recognizes that ICC/IPs have a claim of
ownership, not only upon the ancestral domain, but also on the resources
found in them. It acknowledges that the ancestral domain and the resources
located therein constitute as the ICC/IPs basis for their cultural integrity. 170
The indigenous peoples' struggle for their rights have long been
enduring. Their struggle for the recognition of their rights to land and selfdetermination is rooted in their effort for cultural and human survival. 171
We should honor the struggle of our people. This decision is the least
we can do to correct a historical injustice.
ACCORDINGLY, I emphatically join the ponente and vote that the
Petition be GRANTED.
r
168
169
170
171
Associate Justice
Id. at 178.
Republic Act. 8371 (1997), sec. 5.
Marvic M. V.F. Leonen, Human Rights and Indigenous Peoples: An Overview of Recent Developments
in Policy, 1998 PHIL. PEACE & HUM. RTS. REV. 159, 179 (1998).
John Jerico Laudet Balisnomo, Ancestral Domain Ownership arnrl lJ.irSJ12asiUon: Ulhose land, which
~:~tj,-&;~
~~rulJ,"@~ I
lands, 42 ATh'NEO L, I. 159, 166 (I 997),
n.m Goiµu
Deputy Cierr, of Court En Banc
OCC En Banc.Supreme Court
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents