04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
Constitution AND NATIONAL DEVELOPMENT POLICIES AND PROGRAMS
shall guarantee the rights of cultural or tribal communities to their
ancestral lands to insure their economic, social and cultural well-being."
There are at least two concepts here which receive different weights very
often.
They are the concepts of national development policies and
programs, and the rights of cultural or tribal communities to their
ancestral lands, et cetera. I would like to ask: When the Commissioner
proposed this amendment, which was the controlling concept? I ask this
because sometimes the rights of cultural minorities are precisely
transgressed in the interest of national development policies and
programs. Hence, I would like to know which is the controlling concept
here. Is it the rights of indigenous peoples to their ancestral lands or is it
national development policies and programs.
MR. DAVIDE.
It is not really a question of which is primary or
which is more paramount. The concept introduced here is really
the balancing of interests. That is what we seek to attain. We have
to balance the interests taking into account the specific needs and the
specific interests also of these cultural communities in like manner that
we did so in the autonomous regions.[115] (Emphasis supplied.)
B. The
provisions of R.A. 8371 do not infringe upon the State's
ownership over the natural resources within the ancestral domains.
Petitioners posit that IPRA deprives the State of its ownership over mineral lands of
the public domain and other natural resources,[116] as well as the State's full control
and supervision over the exploration, development and utilization of natural
resources.[117] Specifically, petitioners and the Solicitor General assail Sections 3
(a),[118] 5,[119] and 7[120] of IPRA as violative of Section 2, Article XII of the
Constitution which states, in part, that "[a]ll 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."[121] They would have the Court declare as unconstitutional
Section 3(a) of IPRA because the inclusion of natural resources in the definition of
ancestral domains purportedly results in the abdication of State ownership over
these resources.
I am not convinced.
Section 3(a) merely defines the coverage of ancestral domains, and describes the
extent, limit and composition of ancestral domains by setting forth the standards
and guidelines in determining whether a particular area is to be considered as part of
and within the ancestral domains. In other words, Section 3(a) serves only as a
yardstick which points out what properties are within the ancestral domains. It does
not confer or recognize any right of ownership over the natural resources to the
indigenous peoples. Its purpose is definitional and not declarative of a right or title.
The specification of what areas belong to the ancestral domains is, to our mind,
important to ensure that no unnecessary encroachment on private properties outside
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
96/148
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents