Decision 16 G.R. No. 221139 component of a larger mechanism for self-governance. Section 65 is qualified by Section 15. With respect to dispensing justice, resolving conflicts, and peace-building, the application of customary laws and practices is permissible only to the extent that it is in harmony with the national legal system. A set of customary laws and practices is effective only within the confines of the specific indigenous cultural community that adopted and adheres to it. The impetus for preservation does not exist in a vacuum. The 1987 Constitution qualifies the State's duty of "recogniz[ing] and promot[ing] the rights of indigenous cultural communities" 62 as necessarily operating "within the framework of national unity and development." 63 This reference to "national unity" is as much an articulation of an ideal as it is a legal formulation. Thus, it entails the imperative of legal harmony. Customary laws and practices are valid and viable only to the extent that they do not undermine the proper scope and application of lc~gislative enactments, including criminal statutes. IV The Indigenous Peoples' Rights Act does not compel courts of law to desist from taking cognizance of criminal cases involving indigenous peoples. It expresses no correlative rights and duties in support of petitioner's cause. Thus, a writ of mandamus cannot be issued. A crime is "an offense against society." 64 security and peace of the people at large[.]" 65 It "is a breach of the A criminal action, where "the State prosecutes a person for an act or omission punishable by law," 66 is thus pursued "to maintain social order." 67 It "punish[ es] the offender in order to deter him [or her] and others from committing the same or similar offense, ... isolate[s] him [or her] from society, reform[s] and rehabilitate[s] him [or her]." 68 One who commits a crime commits an offense against all the citizens of the state penalizing a given act or omission: 69 "a criminal offense is an outrage to the very sovereignty of the State[.]" 70 Accordingly, a criminal action is prosecuted in the name of the "People" as plaintiff. Likewise, a representative of the State, 62 63 64 65 66 67 68 69 70 CONST., art. II, sec. 22. CONST., art. II, sec. 22. P.J. ORTMEIER, PUBLIC SAFETY AND SECURITY ADMINISTRATION 23 (1999). Baviera v. Prosecutor Paglinawan, 544 Phil. I 07, 119 (2007) [Per J. Sandoval-Gutierrez, First Division]. RULES OF COURT, Rule 1, sec. 3(b ). Ramiscal, Jr. v. Sandiganbayan, 487 Phil. 384, 405 (2004) [Per J. Callejo, Sr., Second Division]. Id. See P.J. ORTMEIER, PUBLIC SAFETY AND SECURITY ADMINISTRATION 23 (1999). Tan, Jr. v. Gallardo, 165 Phil. 288, 293 (1976) [Per J. Antonio, Second Division]. ;;

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