04/02/2020
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63, 65 and 66 and other related provisions of R.A. 8371 are
unconstitutional and invalid;
"(2)
The issuance of a writ of prohibition directing the
Chairperson and Commissioners of the NCIP to cease and
desist from implementing the assailed provisions of R.A.
8371 and its Implementing Rules;
"(3)
The issuance of a writ of prohibition directing the Secretary
of the Department of Environment and Natural Resources
to cease and desist from implementing Department of
Environment and Natural Resources Circular No. 2, series of
1998;
"(4)
The issuance of a writ of prohibition directing the Secretary
of Budget and Management to cease and desist from
disbursing public funds for the implementation of the
assailed provisions of R.A. 8371; and
"(5)
The issuance of a writ of mandamus commanding the
Secretary of Environment and Natural Resources to comply
with his duty of carrying out the State's constitutional
mandate to control and supervise the exploration,
development, utilization and conservation of Philippine
natural resources."[7]
After due deliberation on the petition, the members of the Court voted as follows:
Seven (7) voted to dismiss the petition. Justice Kapunan filed an opinion, which the
Chief Justice and Justices Bellosillo, Quisumbing, and Santiago join, sustaining the
validity of the challenged provisions of R.A. 8371. Justice Puno also filed a separate
opinion sustaining all challenged provisions of the law with the exception of Section
1, Part II, Rule III of NCIP Administrative Order No. 1, series of 1998, the Rules and
Regulations Implementing the IPRA, and Section 57 of the IPRA which he contends
should be interpreted as dealing with the large-scale exploitation of natural
resources and should be read in conjunction with Section 2, Article XII of the 1987
Constitution. On the other hand, Justice Mendoza voted to dismiss the petition
solely on the ground that it does not raise a justiciable controversy and petitioners
do not have standing to question the constitutionality of R.A. 8371.
Seven (7) other members of the Court voted to grant the petition.
Justice
Panganiban filed a separate opinion expressing the view that Sections 3 (a)(b), 5, 6,
7 (a)(b), 8, and related provisions of R.A. 8371 are unconstitutional. He reserves
judgment on the constitutionality of Sections 58, 59, 65, and 66 of the law, which he
believes must await the filing of specific cases by those whose rights may have been
violated by the IPRA. Justice Vitug also filed a separate opinion expressing the view
that Sections 3(a), 7, and 57 of R.A. 8371 are unconstitutional. Justices Melo, Pardo,
Buena, Gonzaga-Reyes, and De Leon join in the separate opinions of Justices
Panganiban and Vitug.
As the votes were equally divided (7 to 7) and the necessary majority was not
obtained, the case was redeliberated upon. However, after redeliberation, the
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