Decision
32
G.R. No. 224469
The 1973 Constitution devoted one (1) prov1s10n to "national
cultural minorities." Its Article XV, Section 11 read:
SECTION 11. The State shall consider the customs, traditions,
beliefs, and interests of national cultural communities in the formulation
and implementation of State policies.
Section 11 began to deviate from the rigid view that it is indigenous
people who must reconcile themselves with the mainstream. It expressly
recognized that national cultural minorities were~typified by their "customs,
traditions, beliefs, and interests[.]" More important, unlike prior legal
formulations, it committed to national cultural minorities the
"consider[ation of their] customs, traditions, beliefs, and interests ... in the
formulation and implementation of State policies."
Under the 1973 Constitution, former President Ferdinand E. Marcos
enacted Presidential Decree No. 1414, creating the Office of the Presidential
Assistant on National Minorities. With its policy of "integrat[ing] into the
mainstream . . . groups who seek full integration into the larger
community, and at the same time protect[ing] the rights of those who wish
to preserve their original lifeways beside that larger community[,]"
Presidential Decree No. 1414 maintained the drive for integration, but
conceded that indigenous peoples may want preservation rather than
admission.
The 1987 Constitution reorients the State toward enabling
indigenous peoples to maintain their identity. It declines articulating
policies of integration and assimilation and transcends the 1973
Constitution's undertaking to "consider." Instead, it commits to not only
recognize, but also promote, "the rights of indigenous cultural
communities." It expressly aims to "preserve and develop their
cultures, traditions, and institutions. It elevates to the level of
constitutional text terms such as "ancestral lands" and "customary
laws." Because the Constitution is the "fundamental and organic law of the
land," these terms' inclusion in the Constitution renders them integral
to the Republic's being. Through the same inclusion, the State
manifestly assents to the distinctiveness of indigenous peoples, and
undertakes obligations concomitant to such assent.
With the 1987 Constitution in effect, the Indigenous Peoples'
Rights Act was adopted precisely recognizing that indigenous peoples
have been "resistan[t] to political, social[,] and cultural inroads of
colonization, non-indigenous religions and cultures, [and] became
historically differentiated from the majority of Filipinos."
It was never the Indigenous Peoples' Rights Act's intent to
facilitate such miscarriage of justice.. Its view of self-governance and
empowerment is not myopic, but is one tfiat t>alances, Preservation is
pursued in the context of national unity and is impelled by harmony
with the national legal system. Customary laws cannot work to undermine
penal statutes designed to address offenses that are an affront to sovereignty.
ii. Spectrum of IP rights
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