Separate Opinion
14
G.R. No. 224469
Article 20
1. Indigenous peoples have the right to maintain and develop their
political, economic and social systems or institutions, to be secure in the
enjoyment of their own means of subsistence and development, and to
engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and
development are entitled to just and fair redress:
Article 26
1. Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied or otherwise used
or acquired.
2. Indigenous peoples have the right to own, use, develop and
control the lands, territories and resources that they possess by reason of
traditional ownership or other traditional occupation or use, as well as those
which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with due
respect to the customs, traditions and land tenure systems of the indigenous
peoples concerned.
Thus, that the IPs have their own ways of life and have a unique
relationship with the land they live in, and that States have a concomitant duty
to respect and protect the rights emanating from that, are matters recognized
internationally - only made binding to the Philippines by its enactment of
the IPRA.
There is thus no doubt that ICCs/IPs are allowed to use the land and the
natural resources found in their ancestral domains. To allay any fears that this
formulation will mean the unfettered use of the natural resources in ancestral
domains, thereby causing irreversible damage to the detriment of future
generations, it is important to point out that the IPRA itself clarifies the
limitations of the use allowed for ICCs/IPs. As previously discussed, the IPRA
only recognizes sustainable traditional resource rights that allows the IPs to
"sustainably use xx x in accordance with their indigenous knowledge,
beliefs, systems and practices" 35 the resources which may be found in the
ancestral domains which, in tum, are "private but community property which
belongs to all generations and therefor,e cannot be sold, disposed or
destroyed." 36 This is complemented by Sec. 7 of the IPRA, which states:
SECTION 7. Rights to Ancestral Domains. - The rights of
ownership and possession of ICCs/IPs to their ancestral domains shall be
recognized and protected. Such rights shall include:
35
36
IPRA, Section 3(o). (Emphasis and italics supplied)
IPRA, Sec. 5. (Emphasis and underscoring supplied)