Decision
16
G.R. No. 221139
component of a larger mechanism for self-governance. Section 65 is
qualified by Section 15. With respect to dispensing justice, resolving
conflicts, and peace-building, the application of customary laws and
practices is permissible only to the extent that it is in harmony with the
national legal system. A set of customary laws and practices is effective
only within the confines of the specific indigenous cultural community that
adopted and adheres to it.
The impetus for preservation does not exist in a vacuum. The 1987
Constitution qualifies the State's duty of "recogniz[ing] and promot[ing] the
rights of indigenous cultural communities" 62 as necessarily operating
"within the framework of national unity and development." 63 This reference
to "national unity" is as much an articulation of an ideal as it is a legal
formulation. Thus, it entails the imperative of legal harmony. Customary
laws and practices are valid and viable only to the extent that they do not
undermine the proper scope and application of lc~gislative enactments,
including criminal statutes.
IV
The Indigenous Peoples' Rights Act does not compel courts of law to
desist from taking cognizance of criminal cases involving indigenous
peoples. It expresses no correlative rights and duties in support of
petitioner's cause. Thus, a writ of mandamus cannot be issued.
A crime is "an offense against society." 64
security and peace of the people at large[.]" 65
It "is a breach of the
A criminal action, where "the State prosecutes a person for an act or
omission punishable by law," 66 is thus pursued "to maintain social order." 67
It "punish[ es] the offender in order to deter him [or her] and others from
committing the same or similar offense, ... isolate[s] him [or her] from
society, reform[s] and rehabilitate[s] him [or her]." 68 One who commits a
crime commits an offense against all the citizens of the state penalizing a
given act or omission: 69 "a criminal offense is an outrage to the very
sovereignty of the State[.]" 70 Accordingly, a criminal action is prosecuted in
the name of the "People" as plaintiff. Likewise, a representative of the State,
62
63
64
65
66
67
68
69
70
CONST., art. II, sec. 22.
CONST., art. II, sec. 22.
P.J. ORTMEIER, PUBLIC SAFETY AND SECURITY ADMINISTRATION 23 (1999).
Baviera v. Prosecutor Paglinawan, 544 Phil. I 07, 119 (2007) [Per J. Sandoval-Gutierrez, First
Division].
RULES OF COURT, Rule 1, sec. 3(b ).
Ramiscal, Jr. v. Sandiganbayan, 487 Phil. 384, 405 (2004) [Per J. Callejo, Sr., Second Division].
Id.
See P.J. ORTMEIER, PUBLIC SAFETY AND SECURITY ADMINISTRATION 23 (1999).
Tan, Jr. v. Gallardo, 165 Phil. 288, 293 (1976) [Per J. Antonio, Second Division].
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