Separate Opinion
15
G.R. No. 224469
a) Right of Ownership. - The right to claim
ownership over lands, bodies of water traditionally and
actually oocupied by ICCs/IPs, sacred places, traditional
hunting and fishing grounds, and all improvements made by
them at any time within the domains;
b) Right to Develop Lands and Natural Resources.
- Subject to Section 56 hereof, right to develop, control and
use lands and territories traditionally occupied, owned, or
used; to manage and conserve natural resources within
the territories and uphold the responsibilities for future
generations; to benefit and share the profits from allocation
and utilization of the natural resources found therein; the
right to negotiate the terms and conditions for the
exploration of natural resources in the areas for the purpose
of ensuring ecological, environmental protection and the
conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in
the formulation and implementation of any project,
government or private, that will affect or impact upon the
ancestral domains and to receive just and fair compensation
for any daip.ages which they may sustain as a result of the
project; and the right to effective measures by the
government to prevent any interference with, alienation and
encroachment upon these rights[.] (emphasis and
underscoring supplied)
In this connection, I fully agree with Chief Justice Puno' s formulation
in his Separate Opinion in Cruz that the proper reading of the IPRA insofar as
the rights ofICCs/IPs to the natural resources are concerned is to read it in the
context of small-scale utilization of natural resources by Filipino citizens
which is allowed by the Constitution: 37
Ownership over the natural resources in the ancestral domains
remains with the State and the ICCs/IPs are merely granted the right to
"manage and conserve" them for future generations, "benefit and share"
the profits from their allocation and utilization, and "negotiate the terms and
conditions for their exploration" for the purpose of" ensuring ecological and
environmental protection and conservation measures. " It must be noted that
the right to negotiate t1ie terms and conditions over the natural resources
covers only their exploration which must be for the purpose of ensuring
ecological and environmental protection of, and conservation measures in
the ancestral domain. It does not extend to the exploitation and development
of natural resources.
Simply stated, the ICCs/IPS' rights over the natural resources take
the form of management or stewardship. For the ICCs/IPs may use these
resources and share in the profits of their utilization or negotiate the terms
for their exploration. At the same time, however, the ICCs/IPs must
ensure that the natural resources within their ancestral domains are
conserved for future generations and that the "utilization" of these
37
Article XII, Section 2, paragraph 3 of which states that "[t]he Congress may, by law, allow small-scale
utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority
to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons."