04/02/2020
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stewardship, whenever applicable in accordance with law, in the
disposition and utilization of other natural resources, including lands of
the public domain under lease or concession, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous
communities to their ancestral lands.[20]
Sec. 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the
formulation of national plans and policies.[21]
Sec. 12. The Congress may create a consultative body to advise the
President on policies affecting indigenous cultural communities, the
majority of the members of which shall come from such communities.[22]
IPRA was enacted precisely to implement the foregoing constitutional provisions. It
provides, among others, that the State shall recognize and promote the rights of
indigenous peoples within the framework of national unity and development, protect
their rights over the ancestral lands and ancestral domains and recognize the
applicability of customary laws governing property rights or relations in determining
the ownership and extent of the ancestral domains.[23] Moreover, IPRA enumerates
the civil and political rights of the indigenous peoples;[24] spells out their social and
cultural rights;[25] acknowledges a general concept of indigenous property right and
recognizes title thereto;[26] and creates the NCIP as an independent agency under
the Office of the President.[27]
Preliminary Issues
A. The petition presents an actual controversy.
The time-tested standards for the exercise of judicial review are: (1) the existence of
an appropriate case; (2) an interest personal and substantial by the party raising the
constitutional question; (3) the plea that the function be exercised at the earliest
opportunity; and (4) the necessity that the constitutional question be passed upon in
order to decide the case.[28]
Courts can only decide actual controversies, not hypothetical questions or cases.[29]
The threshold issue, therefore, is whether an "appropriate case" exists for the
exercise of judicial review in the present case.
An "actual case or controversy" means an existing case or controversy which is both
ripe for resolution and susceptible of judicial determination, and that which is not
conjectural or anticipatory,[30] or that which seeks to resolve hypothetical or feigned
constitutional problems.[31] A petition raising a constitutional question does not
present an "actual controversy," unless it alleges a legal right or power. Moreover, it
must show that a conflict of rights exists, for inherent in the term "controversy" is
the presence of opposing views or contentions.[32] Otherwise, the Court will be
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