04/02/2020
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[253] Fernandez, supra, at 385, 391.
SEPARATE OPINION
VITUG, J.:
An issue of grave national interest indeed deserves a proper place in any
forum and, when it shows itself in a given judicial controversy, the rules of
procedure, like locus standi, the propriety of the specific remedy invoked, or
the principle of hierarchy of courts, that may ordinarily be raised by partylitigants, should not be so perceived as good and inevitable justifications for
advocating timidity, let alone isolationism, by the Court.
A cardinal requirement, to which I agree, is that one who invokes the Court's
adjudication must have a personal and substantial interest in the dispute;[1] indeed,
the developing trend would require a logical nexus between the status asserted and
the claim sought to be adjudicated in order to ensure that one is the proper and
appropriate party to invoke judicial power.[2] The rule requires a party to aptly show
a personal stake in the outcome of the case or an injury to himself that can be
redressed by a favorable decision so as to warrant his invocation of the Court's
jurisdiction and to render legally feasible the exercise of the Court's remedial powers
in his behalf. If it were otherwise, the exercise of that power can easily become too
unwieldy by its sheer magnitude and scope to a point that may, in no small
measure, adversely affect its intended essentiality, stability and consequentiality.
Nevertheless, where a most compelling reason exits, such as when the matter is of
transcendental importance and paramount interest to the nation,[3] the Court must
take the liberal approach that recognizes the legal standing of nontraditional
plaintiffs, such as citizens and taxpayers, to raise constitutional issues that affect
them.[4] This Court thus did so in a case[5] that involves the conservation of our
forests for ecological needs. Until and exact balance is struck, the Court must
accept an eclectic notion that can free itself from the bondage of legal
nicety and hold trenchant technicalities subordinate to what may be
considered to be of overriding concern.
The petition seeks a declaration by the Court of unconstitutionality of certain
provisions of Republic Act No. 8371, a law that obviously is yet incapable of exact
equation in its significance to the nation and its people now and in the generations
yet to come. Republic Act No. 8371, otherwise also known as the Indigenous
Peoples Rights Act of 1997 ("IPRA"), enacted into law in 1997 and made effective on
22 November 1997, is apparently intended to be a legislative response to the 1987
Constitution which recognizes the rights of indigenous cultural communities "within
the framework of national unity and development"[6] and commands the State,
"subject to the provisions of this Constitution and national development
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