Decision
15
G.R. No. 221139
aims to "preserve and develop their cultures, traditions, and institutions." 58
It elevates to the level of constitutional text terms such as "ancestral lands"
and "customary laws." Because the Constitution is the "fundamental and
organic law of the land," 59 these terms' inclusion in the Constitution renders
them integral to the Republic's being. Through the same inclusion, the State
manifestly assents to the distinctiveness of indigenous peoples, and
undertakes obligations concomitant to such assent.
With the 1987 Constitution in effect, the Indig1~nous Peoples' Rights
Act was adopted precisely recognizing that indigenous peoples have been
"resistan[t] to political, social[,] and cultural inroads of colonization, nonindigenous religions and cultures, [and] became historically differentiated
from the majority of Filipinos."60
Among the Indigenous Peoples' Rights Act's provisions on selfgovernance and empowerment is Section 15:
SECTION 15. Justice System, Conflict Resolution Institutions, and Peace
Building Processes. - The ICCs/IPs shall have the right to use their own
commonly accepted justice systems, conflict resolution institutions, peace
building processes or mechanisms and other customary laws and practices
within their respective communities and as may be compatible with the
national legal system and with internationally recognized human rights.
(Emphasis supplied)
Section 15 limits indigenous peoples' "right to use their own
commonly accepted justice systems, conflict resolution institutions, peace
building processes or mechanisms and other customary laws and
practices[.]" It explicitly states that this right is applicable only "within their
respective communities" and only for as long as it is "compatible with the
national legal system and with internationally recognized human rights."
It is a basic rule of statutory construction that "courts have to take the
thought conveyed by the statute as a whole; construe the constituent parts
together; ascertain the legislative intent from the whole act; consider each
and every provision thereof in the light of the general purpose of the statute;
and endeavor to make every part effective, harmonious[,] and sensible." 61
Section 65 ought not be read as an all-encompassing, unqualified
authorization. Rather, it must be viewed within the confines of how it is a
58
59
CONST., Art. XIV, sec. 17.
J. Francisco, Concurring and Dissenting Opinion in Aquino v. Commission on Elections, G.R. No.
120265, September 18, 1995, 248 SCRA400, 438 [Per J. Kapunan, En Banc].
60
Rep. Act. No. 8371 (1997), sec. 3 (h).
61
Fort Bonifacio Development Corporation v. Commissioner of Internal Revenue, 617 Phil. 358, 367
(2009) [Per J. Leonardo-De Castro, En Banc] citing Republic v. Reyes, 123 Phil. 1035 (1966) [Per J.
Sanchez, En Banc].
/