Dissenting Opinion
5
G.R. No. 224469
twenty-five (25) years renewable for not more than twenty-five (25) years:
Provided, That a formal and written agreement is entered into with the ICCs/IPs
concerned or that the community, pursuant to its own decision making process,
has agreed to allow such operation: Provided, finally, That the all extractions
shall be used to facilitate the development and improvement of the ancestral
domains. (Emphasis supplied.)
Fifth. The IPRA bestowed not only rights, but also imposed obligations,
upon the indigenous people, to conserve natural resources and maintain ecological
balance therein. One way of fulfilling their obligation is to follow laws which are
geared towards minimizing the unregulated and indiscriminate logging of trees.
Sec. 9. Responsibilities of ICCs/JPs to their Ancestral Domains. ICCs/IPs occupying a duly certified ancestral domain shall have the following
responsibilities:
a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced
ecology in the ancestral domain by protecting the flora and fauna, watershed
areas, and other reserves;
b. Restore Denuded Areas- To actively initiate, undertake and participate in the
reforestation of denuded areas and other development programs and projects
subject to just and reasonable remuneration; x x x.
Sixth. The IPRA does not exempt the IPs from the licensing requirement.
The State did not relinquish its ownership over the natural resources found in
ancestral domains.
A perusal of the congressional deliberations on the IPRA, as pointed out by
the esteemed and learned Senior Associate Justice Perlas-Bernabe, would show
that it was not the intention of the Legislature, by enacting the IPRA, to bestow
ownership of natural resources to the indigenous people. "The subject timber or
dita tree in this case was OJVlled by the State even if it stood within an ancestral
domain," viz:
Relevant to the first element under Section 77 is Section 2, Article XII of
the 1987 Constitution, which provides:
Section 2. All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy, fisheries, forests
or timber, wildlife, flora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State. x x x.
xxxx
The Congress may, by lmv, aliow small-scale utilization of natural
resources by Filipino citizens, as \Vell as cooperative fish farming, with priority
to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
(Emphases and underscoring supplied.)