04/02/2020
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discussion of the framers of the Constitution on this point, the national plan
presumably takes into account the requirements of the region after thorough
consultation.[156] To this end, IPRA grants to the indigenous peoples the right to an
informed and intelligent participation in the formulation and implementation of any
project, government or private, and the right not to be removed therefrom without
their free and prior informed consent.[157] As to non-members, the prior informed
consent takes the form of a formal and written agreement between the indigenous
peoples and non-members under the proviso in Section 57 in case the State
enters into a co-production, joint venture, or production-sharing agreement with
Filipino citizens, or corporations. This requirement is not peculiar to IPRA. Existing
laws
and
regulations
such
as
the
Philippine
Environmental
Policy,[158]
the
Environmental Impact System,[159] the Local Government Code[160] and the
Philippine Mining Act of 1995[161]already require increased consultation and
participation of stakeholders, such as indigenous peoples, in the planning of
activities with significant environment impact.
The requirement in Section 59 that prior written informed consent of the indigenous
peoples must be procured before the NCIP can issue a certification for the "issuance,
renewal, or grant of any concession, license or lease, or to the perfection of any
production-sharing agreement," must be interpreted, not as a grant of the power to
control the exploration, development and utilization of natural resources, but merely
the imposition of an additional requirement for such concession or agreement. The
clear intent of the law is to protect the rights and interests of the indigenous
peoples which may be adversely affected by the operation of such entities or
licensees.
Corollary Issues
A. IPRA does not violate the Due Process clause.
The first corollary issue raised by petitioners is whether IPRA violates Section 1,
Article III of the Constitution, which provides that "no person shall be deprived of
life, liberty, or property without due process of law, nor shall any person be deprived
the equal protection of the laws."
Petitioners maintain that the broad definition of ancestral lands and ancestral
domains under Section 3(a) and 3(b) of IPRA includes private lands. They argue that
the inclusion of private lands in the ancestral lands and ancestral domains violates
the due process clause.[162] Petitioners' contention is erroneous.
Sections 3(a) and 3(b) expressly provide that the definition of ancestral lands and
ancestral domains are "subject to Section 56," which reads:
Sec. 56. Existing Property Rights Regimes. - Property rights within the
ancestral domains already existing and/or vested upon effectivity of this
Act, shall be recognized and protected.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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