Dissenting Opinion
8
G.R. No. 224469
uncivilized tribe of Igorots, he is a densely ignorant and untutored fellow, who
lived in the Igorot country, and is not much, if any, higher that are they in the
scale of civilization. The beneficent provisions of article 11 of the Penal Code as
amended by Act No. 2142 of the Philippine Legislature [Now Article 15 of the
Revised Penal Code] are peculiarly applicable to offenders who are shown to be
members of these uncivilized tribes, and to other offenders who, as a result of the
fact that their lives are cast with such people far away from the centers of
civilization, appear to be so lacking in "instruction and education" that they
should not be held to so high a degree of responsibility as is demanded of those
citizens who have had the advantage of living their lives in contact with the
refining influences of civilization. 14
The 1981 case of Macatanda already settled that there is no such thing as
uncivilized cultural minority which would Warraht "lenient treatment" from
criminal liability:
The Maqui case was decided in 1914, when the state of civilization of the Igorots
has not advanced as it had in reaching its present state since recent years, when
it certainly can no longer be said of any member of a cultural minority in the
country that he is uncivilized or semi-uncivilized. 15
Hence, the mere fact that the petitioners belonged to the cultural minority or
are lacking access to information should not be used to acquit or completely
absolve them from liability. To adopt the "liberal approach" would be to carve out
an exemption from penal laws in favor of indigenous people, which could not have
been the intention of our government, or of any government for that matter.
The principle "ignorance of the law excuses no one from compliance
therewith" must be upheld. The conclusive presumption that everyone knows the
law, and that no one can be excused from compliance therefrom, constitutes the
very bonds of a lawful and orderly society.
There is no inconsistency between the IPRA and the Revised Forestry
Code. Statutes must be so construed and harmonized with other statutes as to
form a uniform system of jurisprudence. 16 Merely because a later enactment
may relate to the same subject matter as that of an earlier statute is not of
itself sufficient to cause an implied repeal of the latter, since the new law may
be cumulative or a contin6ation of the old one. 17
As pointed out by Chief Justice Peralta, the DENR- National Commission
on Indigenous Peoples (NCIP) Joint AO No. 2008-01 effectively harmonized the
provisions of PD No. 705 with the IPRA:
As a matter of fact, the DENR, together with the NCIP, had already
effectively harmonized these interests found in the provisions of P.D. No. 705
and the IPRA when it issued DENR-NCIP Joint AO No. 2008-01. By virtue of
the joint order, the State duly recognized the inherent right of the IPs to self14
15
16
17
Id. at 100-101.
Supra note I 0, at 610.
Republic v. Yahon, 736 Phil. 397,410 (2014).
Valera v. Tuason, Jr., 80 Phil. 823, 827 (l 948), citing Statutory Construction, Crawford, p. 634.
f