Dissenting Opinion
- 24 -
G.R. No. 224469
policies and programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social, and
cultural well-being."
The same holds true for the IPRA. Section 7 (b)65 thereof states that
IPs shall have the right to use and explore the natural resources within their
lands for the purpose of ensuring ecological, environmental protection and
the conservation measures, pursuant to national and customary laws.
Moreover, Section 2(e) thereof provides that the State shall ensure that IPs
benefit on an equal footing from the rights and opportunities which national
laws and regulations grant to other members of the population. 66 In fact,
Section 9 holds IPs responsible to preserve and maintain a balanced ecology
by protecting flora and fauna and participating in the reforestation of
denuded areas. 67
This parallel IP responsibility is a shared obligation between and
among the State and its citizens to maintain a balanced ecology enshrined in
Article II of the 1987 Constitution which provides that the State shall protect
and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. 68 Accordingly, Oposa v.
Factoran 69 emphasizes the fundamental concept of intergenerational
responsibility towards the right to a balanced and healthful ecology which
implies, among many other things, the judicious management and
conservation of the country's forests. Verily, without such forests, the
ecological or environmental balance would be irreversibly disrupted.
65
Section 7(b) ofthe IPRA provides:
b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to develop,
control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for future generations; to benefit and share
the profits from allocation and utilization of the natural resources found therein; the right to negotiate the
terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring
ecological, environmental protection and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the formulation and implementation of any
project, government or private, that will affect or impact upon the ancestral domains and to receive just and
fair compensation for any damages which they sustain as a result of the project; and the right to effective
measures by the government to prevent any interfere with, alienation and encroachment upon these rights;
66
Section 2(e) of the IPRA provides:
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their
rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit
on an equal footing from the rights and opportunities which national Jaws and regulations grant to other
members of the population.
67
Section 9 of the IPRA provides:
Section 9. Responsibilities of JCCs/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;
and
c. Observe Laws- To observe and comply with the provisions of this Act and the rules and
regulations for its effective implementation.
68
Section 16, Article II of the 1987 Constitution provides:
Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
"
296 Phil. 694 (I 193).
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