Separate Concurring Opinion G.R. No. 224469 34 of another." Moreover, ownership is said to have the attributes of jus utendi, fruendi, abutendi, disponendi et vindicandi. One therefore is said to own a piece of land when s/he exercises, to the exclusion of all others, the rights to use, enjoy the fruits and alienate or dispose of it in any manner not prohibited by law. 168 On the other hand, IPRA defines indigenous concept of ownership over ancestral domains in the following manner: SECTION 5. Indigenous Concept of Ownership. - Indigenous concept of ownership sustains the view that ancestral and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights. 169 The concept of ownership introduced by IPRA is distinct in the sense that, unlike the Civil Code which puts emphasis on individual and corporate holders, IPRA stresses the private but communal nature of ancestral domains. Furthermore, IPRA recognizes that ICC/IPs have a claim of ownership, not only upon the ancestral domain, but also on the resources found in them. It acknowledges that the ancestral domain and the resources located therein constitute as the ICC/IPs basis for their cultural integrity. 170 The indigenous peoples' struggle for their rights have long been enduring. Their struggle for the recognition of their rights to land and selfdetermination is rooted in their effort for cultural and human survival. 171 We should honor the struggle of our people. This decision is the least we can do to correct a historical injustice. ACCORDINGLY, I emphatically join the ponente and vote that the Petition be GRANTED. r 168 169 170 171 Associate Justice Id. at 178. Republic Act. 8371 (1997), sec. 5. Marvic M. V.F. Leonen, Human Rights and Indigenous Peoples: An Overview of Recent Developments in Policy, 1998 PHIL. PEACE & HUM. RTS. REV. 159, 179 (1998). John Jerico Laudet Balisnomo, Ancestral Domain Ownership arnrl lJ.irSJ12asiUon: Ulhose land, which ~:~tj,-&;~ ~~rulJ,"@~ I lands, 42 ATh'NEO L, I. 159, 166 (I 997), n.m Goiµu Deputy Cierr, of Court En Banc OCC En Banc.Supreme Court

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