Separate Concurring Opinion
7
G.R. No. 224469
The Comprehensive Agrarian Reform Law of 1988 provides:
SECTION 9. Ancestral Lands. - For purposes of this Act,
ancestral lands of each indigenous cultural community shall include, but
not be limited to, lands in the actual, continuous and open possession and
occupation of the community and its members: Provided, that the Torrens
System shall be respected.
The right of these communities to their ancestral lands shall be
protected to ensure their economic, social and cultural well-being. In line
with the principles of self-determination and autonomy, the systems of
land ownership, land use, and the modes of settling land disputes of all
these communities must be recognized and respected.
Similarly, the National Integrated Protected Areas System Act of 1992
states:
SECTION 13. Ancestral Lands and Rights Over Them. Ancestral lands and customary rights and interest arising therefrom shall
be accorded due recognition. The DENR shall prescribe rules and
regulations to govern ancestral lands within protected areas: Provided,
That the DENR shall have no power to evict indigenous communities
from their present occupancy nor resettle them to another area without
their consent: Provided, however, that all rules and regulations, whether
adversely affecting said communities or not, shall be subjected to notice
and hearing to be participated in by members of concerned indigenous
community.
As mentioned in~the Philippine Mining Act of 1995:
SECTION 16.
Opening of Ancestral Lands for Mining
Operations. - No ancestral land shall be opened for mining operations
without the prior consent of the indigenous cultural community concerned.
Further, the Wildlife Resources Conservation and Protection Act
provides:
SECTION 27. Illegal Acts. - Unless otherwise allowed in accordance
with this Act, it shall be unlawful for any person to willfully and
knowingly exploit wildlife resources and their habitats, or undertake the
following acts:
(a) killing and destroying wildlife species, except m the following
instances;
(i) when it is done as part of the religious rituals of established tribal
groups or indigenous cultural communities[.]
And lastly, as stated in the Expanded National Integrated Protected
Areas System Act of2018 or Republic Act No. 11038:
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