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)

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