04/02/2020
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Rights Must Be Within the
Constitutional Framework
With due respect, however, I dissent from the ponencia's resolution of the two main
substantive issues, which constitute the core of this case. Specifically, I submit that
Republic Act (RA) No. 8371, otherwise known as the Indigenous Peoples' Rights Act
(IPRA) of 1997, violates and contravenes the Constitution of the Philippines insofar
as -1. It recognizes or, worse, grants rights of ownership over "lands of the public
domain, waters, x x x and other natural resources" which, under Section 2, Article
XII of the Constitution, "are owned by the State" and "shall not be alienated." I
respectfully reject the contention that "ancestral lands and ancestral domains are
not public lands and have never been owned by the State." Such sweeping
statement places substantial portions of Philippine territory outside the scope of the
Philippine Constitution and beyond the collective reach of the Filipino people. As will
be discussed later, these real properties constitute a third of the entire Philippine
territory; and the resources, 80 percent of the nation's natural wealth.
2.
It defeats, dilutes or lessens the authority of the State to oversee the
"exploration, development, and utilization of natural resources," which the
Constitution expressly requires to "be under the full control and supervision of the
State."
True, our fundamental law mandates the protection of the indigenous cultural
communities' right to their ancestral lands, but such mandate is "subject to the
provisions of this Constitution."[4] I concede that indigenous cultural communities
and indigenous peoples (ICCs/IPs) may be accorded preferential rights to the
beneficial use of public domains, as well as priority in the exploration, development
and utilization of natural resources. Such privileges, however, must be subject to
the fundamental law.
Consistent with the social justice principle of giving more in law to those who have
less in life, Congress in its wisdom may grant preferences and prerogatives to our
marginalized brothers and sisters, subject to the irreducible caveat that the
Constitution must be respected. I personally believe in according every benefit to
the poor, the oppressed and the disadvantaged, in order to empower them to
equally enjoy the blessings of nationhood. I cannot, however, agree to legitimize
perpetual inequality of access to the nation's wealth or to stamp the Court's
imprimatur on a law that offends and degrades the repository of the very authority
of this Court -- the Constitution of the Philippines.
The Constitution
Is a Compact
My basic premise is that the Constitution is the fundamental law of the land, to
which all other laws must conform.[5] It is the people's quintessential act of
sovereignty, embodying the principles upon which the State and the government are
founded.[6] Having the status of a supreme and all-encompassing law, it speaks for
all the people all the time, not just for the majority or for the minority at intermittent
times. Every constitution is a compact made by and among the citizens of a State to
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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