04/02/2020
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[15] 4 Record of the Constitutional Commission 32.
[16] 146 SCRA 446.
SEPARATE OPINION
KAPUNAN, J.:
You ask if we own the land. . . How can you own that which will outlive
you? Only the race own the land because only the race lives forever. To
claim a piece of land is a birthright of every man. The lowly animals
claim their place; how much more man? Man is born to live. Apu
Kabunian, lord of us all, gave us life and placed us in the world to live
human lives. And where shall we obtain life? From the land. To work (the
land) is an obligation, not merely a right. In tilling the land, you possess
it. And so land is a grace that must be nurtured. To enrich it and make it
fructify is the eternal exhortation of Apu Kabunian to all his children.
Land is sacred. Land is beloved. From its womb springs ...life.
- Macli-ing Dulag, Chieftain of the Kalinga Tribe (quoted
in Ponciano L. Bennagen, "Tribal Filipinos" in Indigenous
View of Land and the Environment, ed. Shelton H. Davis,
the World Bank Discussion Papers, No. 188, pp. 71-72.)
It is established doctrine that a statute should be construed whenever possible in
harmony with, rather than in violation of, the Constitution.[1] The presumption is
that the legislature intended to enact a valid, sensible and just law and one which
operates no further than may be necessary to effectuate the specific purpose of the
law.[2]
The challenged provisions of the Indigenous Peoples Rights Act (IPRA) must be
construed in view of such presumption of constitutionality. Further, the
interpretation of these provisions should take into account the purpose of the law,
which is to give life to the constitutional mandate that the rights of the indigenous
peoples be recognized and protected.
The struggle of our indigenous peoples to reclaim their ancestral lands and domains
and therefore, their heritage, is not unique. It is one that they share with the redskinned "Indians" of the United States, with the aborigines of Australia, the Maori of
New Zealand and the Sazmi of Sweden, to name a few. Happily, the nations in
which these indigenous peoples live all have enacted measures in an attempt to heal
an oppressive past by the promise of a progressive future.
Thus has the
international community realized the injustices that have been perpetrated upon the
indigenous peoples. This sentiment among the family of nations is expressed in a
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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