Dissenting Opinion
- 35 -
G.R. No. 224469
everyday lives of IPs such that one cannot survive a day without cutting a
tree, then government regulation is all the more necessary to prevent the
depletion of these trees that take decades and decades to grow.
Regrettably, then, I cannot join the majority's invocation of a
"confusing state of affairs" to justify petitioners' acquittal from their
otherwise prohibited act. For how can there be any confusion when there
was never a time after the passage of P.D. No. 705 where IPs, or anyone for
that matter, were exempted from the permit requirement. As chronologically
detailed above, both the Legislature and Executive have, time and time
again, reiterated this need for DENR authority prior to any tree-cutting
activity.
Besides, it cannot truthfully be declared that petitioners were, indeed,
confused. As previously noted, petitioners already had a practice of
applying for resource use permits from the DENR, through its local office,
CENRO, in Calapan City. In fact, they even presented a copy of the
endorsement of the list of CSC holders issued by the DENR-CENRO of
Calapan City. 99
In the end, it must be remembered that our Constitution vests the
ownership of natural resources, not in a select few, but in all the Filipino
people. 100 The inherent importance of these natural resources to society as a
whole is beyond cavil, the same being inseparable to our very existence. To
me, exempting petitioners from liability under P.D. No. 705 is virtually
tantamount to the surrender of any remaining rights of the People to a
chosen sector of society. Certainly, this could not have been the intention of
the IPRA, let alone our Constitution. No right must be so great so as to
create an unrestricted license to act according to one's will.
It cannot be stressed enough, however, that the provisions of P.D. No.
705 do not, in any way, strip IPs of their rights duly enshrined in the law.
The end, simply, is to shed light on other equally pressing rights, such as the
rights to a balanced and healthful ecology and to health. Now more than
ever, at a time when clear-cut lines between seemingly competing rights can
no longer be drawn, of utmost importance is the availability of dialogue and
representation - dialogue among all concerned sectors of society. For as
warned by Oposa, unless the environment is given continued significance,
the day would not be too far when all else would be lost not only for the
present generation, but also for those to come - generations which stand to
inherit nothing but parched earth incapable of sustaining life. 101
99
Rfcords, p. 170.
See Separate Opinion of Justice Panganiban, Cruz v. Secretary of Environment and Natural
Resources, supra note 49, at 110.§.
•
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Opo,o v. Factoran, .rnp,a note 69, at 713.
{/
100
,/Y
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