Separate Opinion
20
G.R. No. 224469
than contradict each other. 46 I most agree that the two laws are not conflicting,
and neither one is prevailed upon by the .other, as these laws may be both
interpreted and applied to the case in a way that breathes life to both, as I have
attempted to elucidate above. In any case, and as aptly noted by the Chief
Justice's dissent, doubts have been cast as to the applicability of the IPRA to
the present case, and since such doubt is on whether or not petitioners were
well within their rights when they cut the dita tree, such doubt must be
resolved to stay the Court's hand from affirming their conviction.
It has been opined that the effect of requiring petitioners to apply for a
permit from the DENR to use a resource in their ancestral domain in
accordance with their customs is benign, as they are not prohibited from doing
so but only imposed upon with prior conditions. This requirement may indeed
be benign, and should have simply been complied with by herein petitioners.
This simple enough requirement, however, is an operative indication of an
underlying constitutional conviction, the conclusiveness of which the Court
may not now be prepared to adjudicate. This requirement quietly asks: how
can they seek the consent of another without being counterintuitive to the
special, nuanced, and self-limiting autonomy granted to them under the law?
How can the Court conceive of finding that indigenous communities are as
free as the 1987 Constitution can allow, but must, for the act of felling one
tree within their land and for their own customary use, have to seek the State's
permission? How can the Court lay down these incongruent premises and hold
them both true in the same breath? And yet, on the other hand, the Chief
Justice, in his dissent, aptly asks the difficult question of where the line must
be drawn with respect to the determination of sustainable community use of
an IP' s ancestral domain resource.
I acknowledge the assertion made by the Chief Justice that "the case
before Us presents far more interrelated issues for whether We would like to
admit it or not, the seemingly innocuous acquittal of petitioners herein would
ultimately result in considerable implications the Court may not have
intended. " 47 But this caution cuts both ways. The same assertion can be made
to a conviction of petitioners - that such, too, may result in considerable
implications the Court may not have intend~d. ~
To be sure, the facts of this case may not lend itself to all the answers,
but perhaps the honor of the work before the Court is in the attempt. I believe
that my earlier submission that the self-limiting and tight window within
which the indigenous peoples may cut trees from their own ancestral domain
without prior permission is narrow enough as to sidestep any need to reconcile
rights granted by the IPRA vis-a-vis forestry regulations. This supports the
primary aspiration that animates the IPRA, that is to restore to ICCs/IPs their
land and affirm their right to cultural integrity and customary ways of life,
with socio-cultural and legal space to unfold as they have done since time
immemorial.
46
47
Id.
Dissenting Opinion of Chief Justice Diosdado M. Peralta, p. 40.
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