Dissenting Opinion
- 25 -
G.R. No. 224469
This is the reason why I cannot succumb to the notion of entitlement
of the State vis-a-vis the IP's cultural and environmental heritage, so as to
make it appear as if the State, through the reckless use of its police power
under P.D. No. 705, summarily dismisses IP rights as no longer a point of
concern for it is "only police power," and police power alone, that matters.
Before Us is not merely an issue of "State versus IPs" where the
rights of the IPs are unduly sacrificed in favor of the all-mighty State. On
the contrary, one would not have to go so far as the confines of P.D. No. 705
itself to realize that the issue at hand most especially involves every
citizen's right to a healthy ecology. In its "Whereas clauses," P.D. No. 705
explicitly declares the need to place emphasis not only on the utilization of
forest lands and lands of the public domain but more so on their protection,
rehabilitation, and development in order to ensure the continuity of their
production condition. 7 Clearly, then, the main objective of P.D. No. 705 is
not to empower the State to the detriment of IPs, but rather, to rectify the
existing policies that remain unresponsive to the pressing issue of the
depletion of our country's natural resources. Indeed, there exists legitimate
objectives by which this police power is exercised through the employment
of reasonable means within the confines of the law.
°
Make no mistake, though, I am by no means insensitive to the
challenges IPs face. All this signifies, simply, is that before We ultimately
decide on what would be the fate of our generation's ecology, and every
generation after ours, it is imperative to put things in its proper perspective.
In Cruz, it was pointed out that as early as 1997, around 12 million Filipinos
are members of the 110 or so indigenous cultural communities (ICC),
accounting for more than 17% of the estimated 70 million Filipinos in the
country. Moreover, as of June 1998, over 2.5 million hectares have been
claimed by various IPs as ancestral domains; and over 10 thousand hectares,
as ancestral lands. In addition, ancestral domains cover 80 percent of our
mineral resources and between 8 and 10 million of the 30 million hectares of
land in the country. This means that 4/5 of its natural resources and 1/3 of
the country's land will be concentrated among 12 million Filipinos
70
P.D. No. 705 provides:
WHEREAS, proper classification, management and utilization of the lands of the public domain to
maximize their productivity to meet the demands of our increasing population is urgently needed;
WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of forest
lands and resources before allowing any utilization thereof to optimize the benefits that can be derived
therefrom;
~
'
WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but more so
on the protection, rehabilitation and development of forest lands, in order to ensure the continuity of their
productive condition;
WHEREAS, the present laws and regulations governing forest lands are not responsive enough to
support re-oriented government programs, projects and efforts on the proper classification and delimitation
of the lands of the public domain, and the management, utilization, protection, rehabilitation, and
development of forest lands;
(/
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents