Decision
G.R. No. 224469
28
failed or delivered on its fundamental promise. That the Court cannot
categorically either affirm or negate their belief, only casts reasonable
doubt not only as to whether or not they are guilty of an offense, but
whether or not there was even an offense to speak of. At most, this doubt
only further burdens the fate of the petitioners with constitutional questions,
the answers to which must await a future, more suitable opportunity.
At the very least, this doubt 'must: merit their acquittal.
(Emphases in the original)
To be precise, the IP rights we are alluding to are the rights to maintain
their cultural integrity and to benefit from the economic benefits of their
ancestral domains and lands, provided the exercise of these rights is
consistent with protecting and promoting equal rights of the future
generations of IPs. To stress, it is the confusion arising from the novelty of
the content, reach, and limitation of the exercise of these rights by the
accused in criminal cases which justifies their acquittal for their otherwise
prohibited act.
i. Constitutional basis ofIP rights
Ha Datu Tawahig v. Lapinfrf0 explains the expansive breadth of the
legal recognition of IP rights by our Constitution:
.
~
In turn, the Indigenous Peoples' Rights Act's provisions on selfgovernance and empowerment, along with those on the right to ancestral
domains, social justice and human rights, and cultural integrity, collectively
reflect and bring to fruition the 1987 Constitution's aims of preservation.
The 1987 Constitution devotes six (6) provisions "which insure the
right of tribal Filipinos to preserve their way of life":
ARTICLE II
Declaration of Principles and State Policies
SECTION 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
unity and development.
XXX
XXX
XXX
ARTICLE VI
The Legislative Department
XXX
XXX
XXX
XXX
XXX
SECTION 5.
XXX
(2) The party-list representatives shall constitute twenty per
centum of the total number of representatives including those under the
70
Supra note 57.
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