04/02/2020
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Section 1 of the Implementing Rules gives the ICCs/IPs rights of ownership over
"lands, waters and natural resources." The term "natural resources" is not one of
those expressly mentioned in Section 7 (a) of the law. Our Constitution and
jurisprudence clearly declare that the right to claim ownership over land does not
necessarily include the right to claim ownership over the natural resources found on
or under the land.[231] The IPRA itself makes a distinction between land and
natural resources. Section 7 (a) speaks of the right of ownership only over
the land within the ancestral domain. It is Sections 7 (b) and 57 of the law
that speak of natural resources, and these provisions, as shall be discussed
later, do not give the ICCs/IPs the right of ownership over these resources.
The constitutionality of Section 1, Part II, Rule III of the Implementing Rules was not
specifically and categorically challenged by petitioners. Petitioners actually assail the
constitutionality of the Implementing Rules in general.[232] Nevertheless, to avoid
any confusion in the implementation of the law, it is necessary to declare that the
inclusion of "natural resources" in Section 1, Part II, Rule III of the Implementing
Rules goes beyond the parameters of Section 7 (b) of the law and is contrary to
Section 2, Article XII of the 1987 Constitution.
(b) The Small-Scale Utilization of Natural Resources In Sec. 7 (b) of the
IPRA Is Allowed Under Paragraph 3, Section 2 of Article XII of the
Constitution.
Ownership over natural resources remain with the State and the IPRA in
Section 7 (b) merely grants the ICCs/IPs the right to manage them, viz:
"Sec. 7 (b) Right to Develop Lands and Natural Resources.-- Subject to
Section 56 hereof, right to develop, control and use lands and territories
traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for future
generations; to benefit and share the profits from allocation and
utilization of the natural resources found therein; the right to negotiate
the terms and conditions for the exploration of natural resources in the
areas for the purpose of ensuring ecological, environmental protection
and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the
formulation and implementation of any project, government or private,
that will affect or impact upon the ancestral domains and to receive just
and fair compensation for any damages which they may sustain as a
result of the project; and the right to effective measures by the
government to prevent any interference with, alienation and
encroachment upon these rights;"
The right to develop lands and natural resources under Section 7 (b) of the
IPRA enumerates the following rights:
a) the right to develop, control and use lands and territories traditionally
occupied;
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