Dissenting Opinion
- 23 -
G.R. No. 224469
ECOZONES. As such, he shall provide overall supervision over
and general direction to the development and operations of these
ECOZONES. He shall determine the structure and the staffing
pattern and persdnnel complement of the PEZA and establish
regional offices, when necessary, subject to the approval of the
PEZABoard.
In addition, he shall have the following specific powers
and responsibilities:
XXX
XXX
XXX
(i) To require owners of houses, buildings or other
structures constructed without the necessary permit whether
constructed on public or private lands, to remove or
demolish such houses, buildings, structures within sixty (60)
days after notice and upon failure of such owner to remove or
demolish such house, building or structure within said period, the
director general or his authorized representative may summarily
cause its removal or demolition at the expense of the owner, any
existing law, decree, executive order and other issuances or part
thereof to the contrary notwithstanding;
By specific provision of law, it is PEZA, through its building
officials, which has authority to issue building permits for the
construction of structures within the areas owned or administered by
it, whether on public or private lands. 64
In the end, We held that PEZA acted well within its functions when it
demanded the demolition of the structures which respondents had put up
without first securing building and fencing permits therefrom. Like
petitioners in this case, the respondents in PEZA failed to procure the
permits that were required of them by law to obtain prior to their acts
committed on their ancestral lands. But unlike the majority opinion in this
case, We upheld in PEZA the enactments requiring prior authority and ruled
that respondents should have first obtained the necessary permits. To me,
PEZA is a proper application and harmonization of existing laws. It notably
stands as a testament to the possibility of a healthy balance between the
rights of IPs to their ancestral lands, on one end, and the duty of the State to
protect said lands, on the other end.
It cannot be denied, therefore, that Philippine law and jurisprudence
alike merely grant indigenous cultural communities a general right to
preserve their cultural integrity, ancestral domains, and ancestral lands
which is neither absolute nor limitless. Applicable constitutional provisions
are ordinarily read in light of, and subject to, the broader framework of the
national development. In particular, Section 22, Article II of the 1987
Constitution provides that "the State recognizes and promotes the rights of
indigenous cultural communities within the framework of national unity and
development." Similarly, Section 5, Article XII provides that "the State,
subject to the provisions of this Constitution and national development
64
Id. at 550-554. (Emphases ours)
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