Dissenting Opinion - 24 - G.R. No. 224469 policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being." The same holds true for the IPRA. Section 7 (b)65 thereof states that IPs shall have the right to use and explore the natural resources within their lands for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws. Moreover, Section 2(e) thereof provides that the State shall ensure that IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population. 66 In fact, Section 9 holds IPs responsible to preserve and maintain a balanced ecology by protecting flora and fauna and participating in the reforestation of denuded areas. 67 This parallel IP responsibility is a shared obligation between and among the State and its citizens to maintain a balanced ecology enshrined in Article II of the 1987 Constitution which provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. 68 Accordingly, Oposa v. Factoran 69 emphasizes the fundamental concept of intergenerational responsibility towards the right to a balanced and healthful ecology which implies, among many other things, the judicious management and conservation of the country's forests. Verily, without such forests, the ecological or environmental balance would be irreversibly disrupted. 65 Section 7(b) ofthe IPRA provides: b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural resources found therein; the right 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; the right 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 sustain as a result of the project; and the right to effective measures by the government to prevent any interfere with, alienation and encroachment upon these rights; 66 Section 2(e) of the IPRA provides: e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national Jaws and regulations grant to other members of the population. 67 Section 9 of the IPRA provides: Section 9. Responsibilities of JCCs/JPs to their Ancestral Domains. - ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities: a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves; b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration; and c. Observe Laws- To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation. 68 Section 16, Article II of the 1987 Constitution provides: Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. " 296 Phil. 694 (I 193). {/ a/ V

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