Separate Concurring Opinion
10
G.R. No. 224469
Although Iraya is a term which denotes people from the upland or
upstream, they originally lived in the lowlands or the town proper known as
the poblacion or lumang bayan. They were, however, forced to flee to the
uplands when armed men invaded their area. 39
Like all other indigenous peoples, Iraya-Mangyans have always had a
unique relationship with nature, specifically their land and its resources.
This relationship comes from a belief of a higher being that has bestowed
upon them the land and its resources, which must be respected, so as not to
incur its wrath. This belief has then ingrained a sense of respect for the land
and resources within each Filipino tribal group member. 40
To them, nature is a space where the natural and supernatural meet.
They conform to the view that nature is guarded by spirits. For this reason,
Iraya-Mangyans utilize natural resources in accordance with the spirits'
wishes. 41
To the Iraya-Mangyans, nature is a source of their sustenance and
economic needs. The forest and water not only provide for their subsistence,
but likewise supply their timber needs. Accordingly, they treat nature with
utter respect and work for its preservation. 42
Moreover, Iraya-Mangyans recognize that they must utilize the
resources in a manner as not to deplete it. They observe certain traditional
restrictions to ensure that the resources in their lands are not exhausted to the
point of extinction. For instance, they refrain from cutting bamboo shoots
and certain native grasses, as they are used for weaving. In cutting down
trees, Iraya-Mangyans recognize that not all logs must be cut. Some species
must be preserved as a means to control erosion. 43
Iraya-Mangyans are generally engaged~ in swidden agriculture or
shifting cultivation. 44 As such, they possess intricate knowledge of the
tropical ecosystem. They employ a methodological procedure which yields
maximum benefits without destroying the environment from which they
39
40
41
42
43
44
Portia M. Panegro and Francia C. Bulatao, Claims and Counterclaims in the Mt. Halcon and Mt.
Calavite Ranges: The Jraya Peoples' Assertion of Rights to Their Ancestral Domains, 47 ATENEO L. J.
624, 627 (2002).
John Jerico Laudet Balisnomo, Ancestral Domain Ownership and Disposition: Whose land, Which
Lands, 42 ATENEO L. J. 159, 203 (1997). Portia M. Panegro and Francia C. Bulatao, Claims and
Counterclaims in the Mt. Halcon and Mt. Calavite Ranges: The Jraya Peoples' Assertion of Rights to
Their Ancestral Domains 4 7 A TENEO L. J. 624, 632-633 (2002).
Portia M. Panegro and Francia C. Bulatao, Claims and Counterclaims in the Mt. Halcon and Mt.
Calavite Ranges: The Iraya Peoples' Assertion of Rights to Their Ancestral Domains 47 ATENEO L. J.
624, 632-633 (2002).
Id. at 633-634.
Id. at 634.
Id. at 629.
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