04/02/2020
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4. Whether customary laws and traditions of ICCs/IPs should first be applied in the
settlements of disputes over their rights and claims
5. Whether the composition and the jurisdiction of the National Commission of
Indigenous Peoples (NCIP) violate the due process and equal protection clauses
6. Whether members of the ICCs/IPs may be recruited into the armed forces against
their will
I believe that the first three of the above collateral issues have been rendered
academic or, at least, no longer of "transcendental importance," in view of my
contention that the two major IPRA propositions are based on unconstitutional
premises. On the other hand, I think that in the case of the last three, it is best to
await specific cases filed by those whose rights may have been injured by specific
provisions of RA 8371.
Epilogue
Section 5, Article XII of the Constitution, provides:
"SEC. 5. The State, subject to the provisions of this Constitution and
national development policies and programs, shall protect the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well being.
"The Congress may provide for the applicability of customary laws
governing property rights and relations in determining the ownership and
extent of ancestral domain."
Clearly, there are two parameters that must be observed in the protection of the
rights of ICCs/IPs: (1) the provisions of the 1987 Constitution and (2) national
development policies and programs.
Indigenous peoples may have long been marginalized in Philippine politics and
society. This does not, however, give Congress any license to accord them rights
that the Constitution withholds from the rest of the Filipino people. I would concede
giving them priority in the use, the enjoyment and the preservation of their ancestral
lands and domains.[41] But to grant perpetual ownership and control of the nation's
substantial wealth to them, to the exclusion of other Filipino citizens who have
chosen to live and abide by our previous and present Constitutions, would be not
only unjust but also subversive of the rule of law.
In giving ICCs/IPs rights in derogation of our fundamental law, Congress is
effectively mandating "reverse discrimination." In seeking to improve their lot, it
would be doing so at the expense of the majority of the Filipino people. Such shortsighted and misplaced generosity will spread the roots of discontent and, in the long
term, fan the fires of turmoil to a conflagration of national proportions.
Peace cannot be attained by brazenly and permanently depriving the many in order
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
144/148
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