Dissenting Opinion
- 33 -
G.R. No. 224469
Based Resource Management Agreement (PACBRMA) holders; (5) the total
volume cut shall not exceed limits set by the P AMB; and ( 6) the cutting
must be within the Multiple Use Zone. 94 The records of the present case,
however, do not contain any proof whatsoever of compliance with these
requirements.
It would not take more than a plain and simple reading of the
ENIPAS Act and its IRR for one to realize that protected areas, as the name
suggests, are subject to the strictest regulations and under the closest
surveillance of the government. 95 With good reason, too, for these areas are
habitats of rare and endangered species of plants and animals, biogeographic
zones and related ecosystems, that require nothing but the State's utmost
care and supervision. 96
Indeed, the intent of the law to clothe the State, through the DENR,
with the duty of regulating natural resources found on lands, whether
protected or not, can no longer be denied. In both protected and unprotected
areas, it is the DENR, through various offices under its authority, that is
tasked with the issuance of cutting permits as well as with the responsibility
to execute agreements with all interested stakeholders, IPs included, to
enforce plans in the sustainable management of natural resources, taking
into account the existing cultural traditions of the IPs.
This does not mean, however, that it is only the State and its interests
which shall be the sole consideration in the management of natural resources
found in the ancestral domains. Emerging in our current legal framework is
a trend towards a pro-active and collaborative effort to achieve a reasonable
balance between the recognition of IPs' rights to their lands, on the one
limits set by the PAMB, and that the location of the cutting is within the appropriate site within the
Multiple Use Zone; and xx x (Emphasis ours)
94
Rule 23.5 of the IRR of the ENIPAS Act provides:
Rule 23.5 In case of protected areas that share common areas with ancestral territories covered by
CADT/CALT, the DENR, upon the recommendation of the PAMB and with the FPIC of the affected
ICCs/IPs, shall enter into a Protected Area Community-Based Resource Management Agreement
(PACBRMA) with the tenured migrant communities of the protected areas.
The DENR shall organize individual tenured migrants into communities. Within one (1) year from
the issuance of the PACBRMA, tenure holders shall be required to prepare a Community-Based Resource
Management Plan (CBRMP), on the basis of the following processes: c01mnunity mapping, plan
preparation, map integration, final validation, PAMB endorsement, and affirmation by the DENR Regional
Executive Director. Failure to implement the CBRMP shall be basis for the cancellation of the PACBRMA.
95
Under the ENIPAS Act and its IRR, the National Integrated Protected Area System is placed
under the control and administration of the DENR, through the Biodiversity Management Bureau (8MB).
Before a protected area is declared a; such, it undergoes a rigorous process where the DENR prepares
reports in consultation with other key stakeholders such as local government units (LGUs), NGOs, and IPs
taking into consideration all essential factors of the area such as irreplaceability, vulnerability, naturalness,
abundance and diversity, geological and aesthetic features of the area. Upon receipt of recommendations
from the DENR, the President shall issue a proclamation establishing the proposed protected areas until
such time when Congress shall have enacted a law to that effect. Then, the P AMB, with the support of the
DENR, shall formulate the Protected Area Management Plan (P AMP) with the participation of necessary
agencies such as NGOs, LGUS, and all stakeholders such as the IPs and other local communities. This plan
serves as the basic long-term framework for the management of the protected area which shall be
harmonized with the IPs' Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)
required under the IRR of the IPRA.
96
See Declaration of Policy under Section 2 of the ENIPAS Act.
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