04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly figures indicate a violation of the constitutional principle of a "more equitable distribution of opportunities, income, and wealth" among Filipinos. RA 8371 Abdicates the State Duty to Take Full Control and Supervision of Natural Resources Section 2, Article XII of the Constitution, further provides that "[t]he exploration, development, and utilization of natural resources shall be under the full control and supervision of the State." The State may (1) directly undertake such activities; or (2) enter into co-production, joint venture or production-sharing agreements with Filipino citizens or entities, 60 percent of whose capital is owned by Filipinos.[37] Such agreements, however, shall not exceed 25 years, renewable for the same period and under terms and conditions as may be provided by law. But again, RA 8371 relinquishes this constitutional power of full control in favor of ICCs/IPs, insofar as natural resources found within their territories are concerned. Pursuant to their rights of ownership and possession, they may develop and manage the natural resources, benefit from and share in the profits from the allocation and the utilization thereof.[38] And they may exercise such right without any time limit, unlike non-ICCs/IPs who may do so only for a period not exceeding 25 years, renewable for a like period.[39] Consistent with the Constitution, the rights of ICCs/IPs to exploit, develop and utilize natural resources must also be limited to such period. In addition, ICCs/IPs are given the right to negotiate directly the terms and conditions for the exploration of natural resources,[40] a right vested by the Constitution only in the State. Congress, through IPRA, has in effect abdicated in favor of a minority group the State's power of ownership and full control over a substantial part of the national patrimony, in contravention of our most fundamental law. I make clear, however, that to the extent that ICCs/IPs may undertake small-scale utilization of natural resources and cooperative fish farming, I absolutely have no objection. These undertakings are certainly allowed under the third paragraph of Section 2, Article XII of the Constitution. Having already disposed of the two major constitutional dilemmas wrought by RA 8371 - (1) ownership of ancestral lands and domains and the natural resources therein; and (2) the ICCs/IPs' control of the exploration, development and utilization of such resources - I believe I should no longer tackle the following collateral issues petitioners have brought up: 1. Whether the inclusion of private lands within the coverage of ancestral domains amounts to undue deprivation of private property 2. Whether ICCs/IPs may regulate the entry/exit of migrants 3. Whether ancestral domains are exempt from real property taxes, special levies and other forms of exaction elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882 143/148