04/02/2020
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Section 6, Article XIII, directs the State, in the disposition and utilization of natural
resources, to apply the principles of agrarian reform or stewardship.[147] Similarly,
Section 7, Article XIII mandates the State to protect the rights of subsistence
fishermen to the preferential use of marine and fishing resources.[148] Clearly,
Section 2, Article XII, when interpreted in view of the pro-Filipino, pro-poor
philosophy of our fundamental law, and in harmony with the other provisions of the
Constitution rather as a sequestered pronouncement,[149] cannot be construed as a
prohibition against any and all forms of utilization of natural resources without the
State's direct participation.
Through the imposition of certain requirements and conditions for the exploration,
development and utilization of the natural resources under existing laws,[150] the
State retains full control over such activities, whether done on small-scale basis[151]
or otherwise.
The rights given to the indigenous peoples regarding the exploitation of natural
resources under Sections 7(b) and 57 of IPRA amplify what has been granted to
them under existing laws, such as the Small-Scale Mining Act of 1991 (R.A. 7076)
and the Philippine Mining Act of 1995 (R.A. 7942). R.A. 7076 expressly provides
that should an ancestral land be declared as a people's small-scale mining area, the
members of the indigenous peoples living within said area shall be given priority in
the awarding of small-scale mining contracts.[152] R.A. 7942 declares that no
ancestral land shall be opened for mining operations without the prior
consent of the indigenous cultural community concerned[153] and in the event
that the members of such indigenous cultural community give their consent to
mining operations within their ancestral land, royalties shall be paid to them by
the parties to the mining to the contract.[154]
In any case, a careful reading of Section 7(b) would reveal that the rights given to
the indigenous peoples are duly circumscribed. These rights are limited only to the
following: "to manage and conserve natural resources within territories and
uphold it for future generations; to benefit and share the profits from allocation
and utilization of the natural resources found therein; 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; 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 damages 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 of these rights."
It must be noted that the right to negotiate terms and conditions granted under
Section 7(b) pertains only to the exploration of natural resources. The term
"exploration" refers only to the search or prospecting of mineral resources, or any
other means for the purpose of determining the existence and the feasibility of
mining them for profit.[155] The exploration, which is merely a preliminary activity,
cannot be equated with the entire process of "exploration, development and
utilization" of natural resources which under the Constitution belong to the State.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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