Dissenting Opinion
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G.R. No. 224469
virtue of the joint order, the State duly recognized the inherent right of IPs to
self-governance as well as their contribution to the conservation of the
country's environment and natural resources, ensuring equitable sharing
benefits thereof.
Evidently, a reasonable balance between IP rights under the IPRA and
protection of forest resources under P.D. No. 705 is already in place.
Pursuant to the joint order above, the State expressly recognizes and adheres
to the Sustainable Traditional and Indigenous Forest Resources
Management Systems and Practices (STIFRMSP) of IPs as well as their
Indigenous Knowledge Systems and Practices (IKSP) under their customary
laws. Said order mandates all concerned stakeholders consisting of the IPs,
the DENR, NCIP, Local Government Units (LGU) to come into an
agreement which shall explicitly employ these customary IP practices
consistent with their own traditions and cultures to govern their resource
utilization within subject forest areas. It is after a rigorous and
comprehensive process of consultation and dialogue between and among the
parties that the DENR shall issue a forest resource utilization permit upon
registration of their STIFRMSP as well as the Joint Implementing Rules and
Regulations aimed not only at institutionalizing indigenous and traditionally
managed forest practices but, at the same time, utilizing said practices for
the protection of the natural resources found in managed forest lands.
Under the present legal framework, then, IPs are actually not
prevented from implementing their customary practices, as the majority
opinion suggests. Quite the contrary, and by express provision of the joint
order, resource management within registered traditionally-managed forests
the identified ancestral management units/blocks by the community underscoring collective agreements and
commitments on natural resource protection, conservation and utilization. However, for purposes of
ensuring sustainability and control, any resource utilization set by the communities shall be
documented. All concerned entities (DENR, NCIP, and LGU) shall be infonned accordingly for purposes
of monitoring and transparency. The following principles shall be observed in resources utilization:
10.1. Only those ICCs/lPs with registered STIFRMSP shall be issued with forest resource
utilization permit.
10.2. That any resource utilization in the form of timber or non-timber shall be replaced by
the user with an equivalent number of tree seedlings or similar customary arrangement, and as imposed
by the community in accordance with its policies and sustainable customs and practices;
10.3. That the existing land use as a traditionally managed forest especially for watershed
protection shall be regulated and extraction of resources shall be allowed only in areas identified by the
community as production site. However, utilization within the areas shall be allowed subject to the
provisions of the approved Ancestral Domain Sustainable Development and Protection Plan (ADSDPP);
10.4. The resource extraction shall be in accordance with existing traditional resource rights
defined by the community in its indigenous system and practice. All DENR laws, rules and guidelines
on resource utilization shall be applicable in a supplementary manner;
10.5. The resources extracted for utilization or to be traded outside the domain/locality by the
concerned ICC/IP shall be regulated. The disposition of timber and non-timber products shall be governed
by the applicable DENR laws, rules and regulations relative to the requisite shipping/transport documents;
10.6. Resources utilization from naturally grown forests for livelihood projects as carving,
handicrafts, manufacturing, etc., shall be regulated and only the allowable volume/number of species
needed as raw materials for livelihood projects could be disposed of outside the domain/locality in
accordance with existing traditional resource rights and DENR laws, rules and regulations; and
10. 7. Resources harvested from the established indigenous forest/ forest plantation to be further
processed into finished products (i.e. carving, ornamental, handicrafts, novelty items, etc.), shall be allowed
to be transported outside the point of origin to any market outlets subject to DENR laws, rules ancyy
regulations. (Emphases ours)
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