In a dispute over almaciga resin gathering in Palawan, the Supreme Court clarified the importance of the hierarchy of courts and legal standing in challenging decisions related to Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs). The Court dismissed a petition filed directly with it, emphasizing that cases should first be brought to lower courts unless exceptional circumstances exist. Furthermore, the Court held that a third party, lacking direct and substantial interest in a Resource Use Permit (RUP), does not have the legal standing to question its validity.

Almaciga Resin and Ancestral Domains: Who Can Challenge Indigenous Land Use Permits?

The case of Anita Santos v. Atty. Kissack B. Gabaen, Ricardo D. Sanga, and the National Commission on Indigenous Peoples, Department of Environment and Natural Resources, revolves around a dispute over the gathering and sale of almaciga resin within the ancestral domain of the Pala’wan Indigenous Cultural Community in Palawan. Pinagtibukan It Pala’wan, Inc. (PINPAL), a people’s organization of the Pala’wan ICC, held a Resource Use Permit (RUP) authorizing them to collect almaciga resin from the Certificates of Ancestral Domain Claims (CADC) area. Danny Erong, a Pala’wan Tribal Chieftain, filed a complaint against PINPAL and the DENR, alleging that the RUP was granted without the required Certification Precondition (CP) under Section 59 of the Indigenous Peoples’ Rights Act (IPRA), Republic Act (R.A.) No. 8371. This section mandates that government agencies must secure prior certification from the NCIP, including Free and Prior Informed Consent (FPIC), before granting any concession, license, or permit. Erong also claimed that PINPAL forced him to sell his resin exclusively to Anita Santos, creating a monopoly.

Anita Santos, a buyer of almaciga resin, intervened in the case, arguing that she did not monopolize the market. The NCIP-Regional Hearing Office (NCIP-RHO) issued a Cease and Desist Order, which led to the confiscation of almaciga resin intended for Santos. Santos then filed a Petition for Certiorari and Prohibition directly with the Supreme Court, challenging the NCIP-RHO’s orders and questioning the constitutionality of certain provisions of the IPRA. The Supreme Court ultimately dismissed Santos’ petition, citing the doctrine of hierarchy of courts and her lack of legal standing.

The Supreme Court first addressed the propriety of a petition for certiorari and prohibition. The Court outlined the requisites for such a petition, emphasizing that it is directed against a tribunal acting without or in excess of jurisdiction, and that there must be no other plain, speedy, and adequate remedy in the ordinary course of law. The Court acknowledged the NCIP’s mandate to protect the interests and well-being of ICCs/IPs. The jurisdiction of the NCIP is defined in Section 66 of R.A. No. 8371:

SECTION 66. Jurisdiction of the NCIP. — The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP.

However, the Court also cited Unduran v. Aberasturi, clarifying that the NCIP’s jurisdiction is not absolute and generally applies to disputes between members of the same ICC/IP. Despite acknowledging that Santos had no other available remedy within the NCIP framework, the Court emphasized the importance of the doctrine of hierarchy of courts. This doctrine dictates that direct recourse to the Supreme Court is allowed only to resolve questions of law, and that litigants should generally seek remedies from lower courts first. Direct resort to the Supreme Court is generally discouraged to ensure that the Court remains a court of last resort, focusing on fundamental tasks. The Supreme Court held that the principle is not a mere policy, rather, it is a constitutional filtering mechanism.

Even if the doctrine of hierarchy of courts were relaxed, the Supreme Court found that Santos lacked legal standing to defend the validity of PINPAL’s RUP. Legal standing requires a party to have a direct and substantial interest in the case, such that they have sustained or will sustain direct injury as a result of the action being challenged. The interest must be material, affected by the decree, and not merely an incidental interest in the question involved. In Falcis III v. Civil Registrar General, the Court defined legal standing as:

x x x a party’s “personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement.” Interest in the case “means a material interest, an interest in issue affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest.”

The Supreme Court emphasized that Santos’ interest as a buyer of almaciga resin was only incidental compared to PINPAL’s direct interest as the holder of the RUP. Santos could not institute a case defending the validity of PINPAL’s RUP without being authorized by the organization to sue on its behalf. Therefore, the SC explained that it is more appropriate for the holder of the RUP to make the necessary actions to defend it from any actions by any person/entity. This ruling reinforces the principle that only real parties in interest, those who stand to be directly benefited or injured by the judgment, can bring a suit. As such, the Court also discussed Section 2, Rule 3 of the Rules of Court provides that a real party in interest is one “who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.”

Finally, the Supreme Court declined to rule on the constitutionality of Section 3(a) of R.A. No. 8371, which defines ancestral domains, and its counterpart provision in the IRR. The Court cited the principle that courts should avoid resolving constitutional questions if the case can be decided on other grounds. The principle of deference requires reasonable caution in striking down an act by a co-equal political branch of government. The grounds of non-observance of the doctrine of hierarchy of courts, and the absence of legal standing were deemed sufficient to dismiss the petition. The Constitution specifically provides that the Congress has the power to make laws, and it is not within the power of the Supreme Court to preempt the functions of the other branches of government. Therefore, the Supreme Court emphasized that it is not proper to delve into the constitutionality of the provisions of the law.

The interplay of these principles can be compared in the following table:

Principle	Description	Application to the Case
Hierarchy of Courts	Requires parties to seek remedies from lower courts before resorting to higher courts, especially the Supreme Court.	Santos filed directly with the Supreme Court without demonstrating exceptional circumstances justifying the bypass of lower courts.
Legal Standing	Requires a party to have a direct and substantial interest in the case, demonstrating a direct injury sustained or to be sustained.	Santos’ interest as a buyer was deemed incidental, lacking the direct injury required to challenge the validity of PINPAL’s RUP.
Constitutional Avoidance	Courts should avoid resolving constitutional questions if the case can be decided on other grounds.	The Supreme Court declined to rule on the constitutionality of Section 3(a) of R.A. No. 8371, as the case was dismissed based on procedural grounds.

This ruling emphasizes the importance of adhering to established procedural rules and principles in legal challenges, particularly those involving indigenous rights and ancestral domains. Litigants must demonstrate a direct and substantial interest in the outcome of the case and must follow the proper channels for seeking judicial review.

FAQs

What was the key issue in this case?	The key issue was whether Anita Santos, as a third-party buyer, had the legal standing to challenge the validity of a Resource Use Permit (RUP) granted to Pinagtibukan It Pala’wan, Inc. (PINPAL) within an ancestral domain. The case also touched on the doctrine of hierarchy of courts and the constitutionality of certain provisions of the Indigenous Peoples’ Rights Act (IPRA).
What is the doctrine of hierarchy of courts?	The doctrine of hierarchy of courts requires litigants to seek remedies from lower courts before resorting to higher courts, especially the Supreme Court, unless exceptional circumstances exist. This ensures that the Supreme Court focuses on more fundamental tasks and remains a court of last resort.
What is legal standing?	Legal standing requires a party to have a direct and substantial interest in the case, such that they have sustained or will sustain direct injury as a result of the action being challenged. It ensures that the party is seeking a concrete outcome or relief that may be granted by courts.
Why did the Supreme Court dismiss Anita Santos’ petition?	The Supreme Court dismissed Santos’ petition because she violated the doctrine of hierarchy of courts by filing directly with the Supreme Court and because she lacked legal standing to challenge the validity of PINPAL’s RUP. Her interest as a buyer was considered incidental, not direct and substantial.
What is a Resource Use Permit (RUP)?	A Resource Use Permit (RUP) is a permit granted by the Department of Environment and Natural Resources (DENR) allowing an entity, such as an Indigenous Cultural Community (ICC), to utilize natural resources within a specific area. In this case, it allowed PINPAL to gather almaciga resin from their ancestral domain.
What is the role of the NCIP in cases involving indigenous rights?	The National Commission on Indigenous Peoples (NCIP) is the primary government agency responsible for protecting and promoting the rights and well-being of ICCs/IPs. It has jurisdiction over claims and disputes involving rights of ICCs/IPs, provided that customary remedies have been exhausted.
What is the significance of Free and Prior Informed Consent (FPIC)?	Free and Prior Informed Consent (FPIC) is a requirement under the IPRA, mandating that ICCs/IPs must give their consent before any concession, license, or lease is granted in their ancestral domain. It ensures that indigenous communities have a say in decisions that affect their lands and resources.
What is almaciga resin?	Almaciga resin is a natural resin extracted from almaciga trees, often found in the ancestral domains of Indigenous Cultural Communities (ICCs). It is used for various purposes, including varnish, incense, and traditional medicines, making it an important resource for these communities.
What does the court say about the constitutionality of the IPRA?	The Supreme Court avoids addressing the constitutionality of Section 3(a) of the IPRA and its IRR counterpart. Citing the principle that courts should avoid resolving constitutional questions if the case can be decided on other grounds.

This case serves as a reminder of the importance of following proper legal procedures and demonstrating a direct and substantial interest in cases involving indigenous rights and ancestral domains. While the protection of indigenous rights is paramount, legal challenges must be brought by parties with the appropriate standing and through the proper channels.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Anita Santos v. Atty. Kissack B. Gabaen, G.R. No. 195638, March 22, 2022