04/02/2020
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them to, and make them part of, the stream of laws. The "due process clause,"
as I so understand it in Tanada vs. Tuvera[16] would require an apt publication of a
legislative enactment before it is permitted to take force and effect. So, also,
customary laws, when specifically enacted to become part of statutory law, must
first undergo that publication to render them correspondingly binding and effective
as such.
Undoubtedly, IPRA has several good points, and I would respectfully urge
Congress to re-examine the law. Indeed, the State is exhorted to protect
the rights of indigenous cultural communities to their ancestral lands, a
task that would entail a balancing of interest between their specific needs
and the imperatives of national interest.
WHEREFORE, I vote to grant the petition.
[1] People vs. Vera, 65 Phil. 56, 89; Macasiano vs. National Housing Authority, 224
SCRA 236, 244.
[2] Am Jur § 189, p. 591, S. vD., 410 US 641, 35 L Ed 2d 536, 93 S Ct 1146.
[3] Legaspi vs. Civil Service Commission, 150 SCRA 530, 540; Tañada vs. Tuvera,
136 SCRA 27, 36, 37.
[4] Defensor Santiago, Miriam, Constitutional Law, First Edition, 1994, p. 11; see
also Rev. Fr. Joaquin Bernas, S.J., on the 1987 Constitution of the Republic of the
Philippines, 1996 Ed., pp. 336-337.
[5] Oposa vs. Factoran, Jr., 224 SCRA 792.
[6] Art. 11, Sec. 22.
[7] Art. XII, Sec. 5.
[8] Sec. 2.
[9] II Aruego, The Framing of the Philippine Constitution, p. 594.
[10] Ibid., p. 595.
[11] Ibid., p. 600.
[12] CONST., Art. XII, Sec. 2; Miners Association of the Philippines, Inc., vs.
Factoran, Jr., 240 SCRA 100.
[13] 41 Phil. 935.
[14] CONST., Art. II, Sec. 1.
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