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Registration under the Indigenous Peoples
Rights Act
Evelyn M. Delos Santos
for Land, Titles and Deeds Atty. Rama
IPRA of 1997
October 29, 1997, RA 8371
An Act to Recognize, Protect and Promote the Rights of
Indigenous Cultural Communities/
Indigenous Peoples, Creating a National Commission on Indigenous
Peoples, Establishing Implementing Mechanisms, Appropriating
Funds
Therefor, and for Other Purposes
CONSTITUTIONAL PROVISIONS
SECTION 2, ARTICLE II
SECTION 5, ARTICLE XII
SECTION 6, ARTICLE XIII
SECTION 17, ARTICLE XIV
SECTION 2 ARTICLE II
The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and
development.
SECTION 5 ARTICLE IIThe State, subject to the provisions of this
Constitution and national development 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 Congress may provide for the applicability of
customary law governing property rights or relations in determining
the ownership and extent of ancestral domain.
SECTION 6 ARTICLE XIII
The State shall establish a special agency for disabled persons
for their rehabilitation, self-development and self-reliance, and
their integration into the mainstream of society.
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SECTION 17 ARTICLE XIV
The State shall recognize, respect, and protect the rights of
indigenous cultural communities to prepare and develop their
cultures, traditions, and institutions. It shall consider these
rights in the formulation of national plans and policies.
CONSTITUTIONALITY OF THE IPRA
Cruz vs. Secretary of Environment
and Natural Resources GR No. 135385. December 6, 2000
Principal Contention of Petitioners
That the statute violated the Constitution for allowing absolute
control to the indigenous people over their so called ancestral
domains. This grant contravened the constitutional vesture in the
State of ownership of all natural resources and full control and
supervision of their exploration, development and utilization.
They likewise contend that providing an all-encompassing
definition of ancestral domain and ancestral lands which might even
include private lands within the areas violate the rights of
private land owners.
Respondents and Intervenors:
That Art. XII Sec. 2 of the Constitution did not cover the
ancestral domains because they were not public lands but had been
owned by the indigenous peoples since time immemorial. Title had
vested in the various tribes as traditional owners even before the
adoption of our past and present charters and could not be revoked
by the said provision.
The respondents and intervenors, for their part, argued that the
indigenous people were being unjustly deprived of the benefits they
deserved under the law and so were entitled to the protection of
the Court.
DECISION
The votes of the Court are split where 7 voted to dismiss the
petition and 7 voted to grant. As the votes were equally divided
and the necessary majority was not obta ined, the pet i t ion was
dismissed.
RULE 56 Sec. 7. Procedure if opinion is equally divided.
IPRA IS A NOVEL PIECE OF LEGISLATION
Senator Juan Flavier, Senate Bill No. 1728
IPs survival depends on securing or acquiring land rights;
asserting their rights to it; and depending on it.
Native Title concept; Parens patriae principle
Rep. Zapata, House Bill No. 9125 (Rep. Andolana originally
authored the bill)
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INDIGENOUS PEOPLES RIGHTS ACT / RA 8371
The IPRA recognizes the existence of the indigenous cultural
communities or indigenous peoples as a distinct sector. It grants
these people the ownership and possession of their ancestral
domains and ancestral lands, and defines the extent of these lands
and domains. Within their ancestral domains and lands the ICCs/IPs
are given the right to self-governance and right to preserve their
culture. To carry out the policies of the ACT, the law created the
National Commission on Indigenous Peoples (NCIP)
INDIGENOUS PEOPLES
Indigenous Cultural Communities or Indigenous Peoples (ICCs/
IPs) refer to a group of people who have continuously lived as an
organized community on communally bounded and defined territory.
These groups of peoples have actually occupied, possessed and
utilized their territories under claim of ownership since time
immemorial.
JUSTICE PUNO: DEVT. OF THE REGALIAN DOCTRINE IN THE PHILIPPINE
LEGAL SYSTEM
LAW OF INDIES
VALENTON vs MURCIANO
PUBLIC LAND ACTS AND THE TORRENS SYSTEM
THE PHILIPPINE CONSTITUTIONS
CONCEPT OF REGALIAN DOCTRINE
This principle means that all natural wealth - agricultural,
forest or timber, and mineral lands of the public domain and all
other natural resources belong to the State. Thus, even if the
private person owns the property where minerals are discovered, his
ownership for such does not give him the right to extract or
utilize said minerals without permission from the state to which
such minerals belong.
Examining the IPRA, there is nothing in the law that grants to
the ICCs/IPs ownership over the natural resources within their
ancestral domains. The right of ICCs/IPs in their ancestral
includes ownership, but this ownership is expressly defined and
limited in Section 7 (a) as:
Sec. 7. a) Right of ownership --- The right to claim ownership
over lands, bodies of water traditionally and actually occupied by
ICCs/IPs, sacred places, traditional hunting and fishing grounds,
and all improvements made by them at any time within the
domains;
The ICCs/IPs are given the right to claim ownership over lands,
bodies of water traditionally and actually occupied by ICCs/IPs,
sacred places, traditional hunting and fishing grounds, and all
improvements made by them at any time within the domains. It will
be noted that this enumeration does not mention bodies of water not
occupied by the ICCs/IPs, minerals, coal, wildlife, flora and fauna
in the traditional hunting grounds, fish in the traditional fishing
grounds, forest or timber in the sacred places, etc. and all other
natural resources found within the ancestral domains. Indeed, the
right of ownership under Section 7 (a) does not cover waters,
minerals, coal, petroleum and other mineral oils, all forces of
potential energy, fisheries, forest, or timber, wildlife, flora and
fauna and all other natural resources enumerated in Section 2,
Article XII of the 1987 Constitution as belonging to the State.
The non-inclusion of ownership by the ICCs/IPs over the natural
resources in Section 7 (a) complies with the Regalian doctrine.
IPRA defines ancestral domains to include natural resources
found therein. but this does not convert the character of
such natural resources as private property of the IPs.
The phrase private but community poperty is merely descriptive
of the IPs concept of ownership different from the definition of
ownership in Civil Code.
Management or stewardship only of the natural resources.
Ownership over the natural resources belong to the State.
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that ancestral domains and all resources found therein shall
serve as the material bases of their cultural integrity.
that these ancestral domains are the ICCs/IPs private but
community property which belongs to all generations therefore
cannot be sold, disposed or
destroyed. covers sustainable traditional resource
rights.
Indigenous concept of ownership the property held in common is
meant to
benefit the whole indigenous community and not merely the
individual member.
owned in common by the ICCs/IPs and not by one particular
person.
Communal rights are held in trust for all generations of the
ICCs/IPs, past, present and future.
The domain cannot be transferred, sold or conveyed to other
persons by any one person and belongs to the ICCs/IPs as a
community.
IPRA connotes group or communal ownership Section 57answered by
J.Puno
Section 57 of the IPRA does not give the ICCs/IPs the right to
manage and conserve the natural resources. Instead, the law only
grants the ICCs/IPs priority rights in the development or
exploitation thereof. Priority means giving preference. Having
priority rights over the natural resources does not necessarily
mean ownership rights. The grant of priority rights implies that
there is a superior entity that owns these resources and this entry
has the power to grant preferential rights over the resources to
whosoever itself chooses.
They have priority rights in the harvesting, extraction,
development or exploitation of any natural resources within the
ancestral domains.
A non-member of the ICCs/IPs may be allowed to take part in the
devt. and utilization of the natural resources for a period of not
exceeding 25 years renewable for not more than 25 years.
Formal and written agreement is entered into with the ICCs/IPs
concerned, or that the community, pursuant to its own decision
making process, has agreed to allow such operation.
ICCs/IPs have priority rights in the exploitation of natural
resources within ancestral domains
Not affected by voluntary dealings entered into by the govt. and
private individuals/corporations.
Timber License Agreement No. 43 in 1952 did not affect the
possession or occupation by ICCs/IPs over the area covered by the
Agreement.
Forest Land Grazing Lease Agreement No. 542 was cancelled since
it was issued in violation of PD 410
PD 410 (DECLARING ANCESTRAL LANDS OCCUPIED AND CULTIVATED BY
NATIONAL CULTURAL COMMUNITIES AS ALIENABLE AND DISPOSABLE, AND FOR
OTHER PURPOSES)
ICCs/IPs do not lose possession over area covered by a TLA
Justice Kapunan: THE PROVISIONS OF THE IPRA DO NOT CONTRAVENE
THE CONSTITUTION
Ancestral Domains and Ancestral Lands are the Private Property
of the Indigenous Peoples and do not constitute Part of the Land of
Public Domain
Ancestral domains are all areas belonging to ICCs/IPs held under
a claim of ownership, occupied or possessed by ICCs/IPs since time
immemorial, continuously until the present except when interrupted
by war or force majeure. It comprises of lands, inland waters,
coastal areas, and natural resources therein and includes ancestral
lands, forests, pastures, hunting grounds, burial grounds, and
bodies of water, mineral and other natural resources.
Ancestral lands are lands held by the ICCs/ IPs under the same
conditions as ancestral domains except that these are limited to
lands, not merely occupied and possessed but are also utilized,
including residential lots, rice terraces, or paddies, private
forests.
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Justice Kapunan: CARINO VS INSULAR GOVT.
On June 23, 1903, Mateo Cario went to the Court of Land
Registration to petition his inscription as the owner of a 146
hectare land hes been possessing in the then municipality of
Baguio. Mateo only presented possessory information and no other
documentation. The State opposed the petition averring that the
land is part of the US military reservation. The CLR ruled in favor
of Mateo. The State appealed. Mateo lost. Mateo averred that a
grant should be given to him by reason of immemorial use and
occupation.
The US SC ruled in favor of Carino and ordered the registration
of the subject lands in his name. The court laid down the
presumption of a certain title held as far back as memory went and
under a claim of private ownership. Land held by this title is
presumed to never have been public land. The registration
requirement was not to confer title, but simply to establish it. In
a nutshell, Cario enunciated the legal presumption that ancestral
lands and domains were not part of the public domain, having
maintained their character as private lands of the indigenous
peoples since time immemorial
Justice Kapunan: THE PROVISIONS OF THE IPRA DO NOT CONTRAVENE
THE CONSTITUTION
Native title refers to ICCs/IPs preconquest rights to lands and
domains held under a claim of private ownership as far back as
memory reaches. These lands are deemed never to have been public
lands and are indisputably presumed to have been held that way
since before the Spanish Conquest.TIME IMMEMORIAL - refers to a
period of time when as far back as memory can go, certain ICCs/IPs
are known to have
occupied, possessed in the concept of owner, and utilized a
defined territory devolved to them by
operation of customary law or inherited from their ancestors, in
accordance with their
customs and traditions.
DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS
Under RA 8371, it is the guiding principle in the identification
and delineation of ancestral domains.
The govt. shall take necessary steps to identify lands which the
ICCs/IPs concerned traditionally occupy and guarantee effective
protection of their rights of ownership and possession thereto.
Principle of Self-Delineation
DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS
Upon filing, ADO shall immediately undertake official
delineation of ancestral domain boundaries including census of all
community members therein.
1. Filing of the application by the ICCs/IPs
Proofs requiredProof of Ancestral Domain Claims shall include
the testimony of elders or community under oath, and other
documents directly or indirectly attesting to the possession or
occupation of the area since time immemorial by such ICCs/IPs in
the concept of owners.
1.Written accounts of the ICCs/IPs customs and
traditions;2.Written accounts of the ICCs/IPs political structure
and institution;3.Pictures showing long term occupation such as
those of old
improvements, burial grounds, sacred places and old
villages;4.Historical accounts, including pacts and agreements
concerning
boundaries entered into by the ICCs/IPs concerned with other
ICCs/IPs;5.Survey plans and sketch maps;6.Anthropological
data;7.Genealogical surveys;8.Pictures and descriptive histories of
traditional communal forests and
hunting grounds;9.Pictures and descriptive histories of
traditional landmarks such as
mountains, rivers, creeks, ridges, hills, terraces and the like;
and10.Write-ups of names and places derived from the native dialect
of the
community.
which shall be any one (1) of the following authentic
documents:
complete with technical descriptions, and a description of the
natural features and landmarks embraced therein.
The approved and validated survey plan of the ancestral domain
claim and the petition for delineation shall constitute the basic
documents of the delineation process.
2. ADO shall prepare a perimeter map
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A copy of each document, including a translation in the native
language of the ICCs/IPs concerned shall be posted in a prominent
place therein for at least 15 DAYS.
A copy of the document shall also be posted at the local,
provincial and regional offices of the NCIP and
shall be published in a newspaper of general circulation once a
week for 2 consecutive weeks to allow other claimants to oppose
thereto within 15 days from date of such publication.
Broadcasting in a radio station if no newspaper available.
3. Posting and Publication Within 15 days from publication, and
of the inspection
process, ADO shall prepare a report endorsing favorable action
upon a claim that is deemed to have sufficient proof.
If the proof is deemed INSUFFICIENT, ADO shall require the
submission of addl evidence.
In case of rejection of claim deemed patently false (after
inspection and verification) ADO shall give the applicant due
notice, copy furnished all concerned, containing grounds for
denial.
4. ADO shall submit a report to the NCIP Denial shall be
appealable to the NCIP. In case of conflicting claims, ADO shall
cause the
contending parties to meet and assist them in coming up with a
preliminary resolution of the conflict, without prejudice to its
full adjudication according to the Section 62 of the IPRA.
..ADO shall submit a report to the NCIP
NCIP shall issue CADT to ICCs/IPs whose ancestral domains have
been officially delineated and determined.
CADT is issued in the name of the community concerned containing
a list of all those identified in the census.
The Director of the Lands shall represent the interest of the
Republic of the Philippines in all proceeding for the purpose of
identification / delineation of the ancestral domains.
5. Issuance of Certificate of Ancestral Domain Title (CADT)
IDENTIFICATION, DELINEATION AND CERTIFICATION OF ANCESTRAL
LANDS
The claimants shall file application with ADO complete with
proofs of such claims.
1. Filing of the application
Allocation of lands to individual or indigenous corporate
(family/clan) claimants shall be left to the ICCs/IPs concerned to
decide in accordance with customs and traditions. Others who claim
of ancestral lands which are not within ancestral domains may have
their claims filed with ADO.
ADO shall publish the application and a copy of each document
shall be submitted including the translation in the native language
of the ICCs/IPs concerned in the prominent place for at least 15
days.
A copy shall also be posted at the local, provincial and
regional offices of the NCIP
shall be published in a newspaper of gen. circulation once a
week for 2 consecutive weeks to allow others to oppose.
Broadcasting in a radio station if no newspaper
2. Publication of application
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15 days after such publication If found to be meritorious, ADO
shall cause a
parcellary survey of the area being claimed. Reject any claims
patently false. In case of rejection of claim deemed patently
false (after inspection and verification) ADO shall give the
applicant due notice, copy furnished all concerned, containing
grounds for denial.
Denial shall be appealable to the NCIP.
3. ADO shall investigate and inspect application on each and
every application surveyed and delineated to the NCIP,
NCIP shall evaluate the report submitted
4. ADO shall prepare and submit a report
declaring and certifying the claim of each individual or
corporate claimant over ancestral lands.
ADO may review existing claims which are fraudulently acquired,
and cancel such after due notice and hearing of all parties
concerned.
5. NCIP issues Ancestral Land Title (CALT)
REGISTRATION OF CADTs and CALTs The NCIP, through ADO, shall
register all CADTs
and CALTs with the Register of Deeds of the place where the
properties are located.
Awardees may opt to personally cause such registration.
Ancestral Domains - No part of ancestral domain is
alienable.
Ancestral Lands- May be the subject of registration under Public
Land Act or Property Registration Decree.
MODES of ACQUISITION By native title over both ancestral lands
and
domains; or By Torrens Title under the Public Land Act or
Property Registration Decree with respect to ancestral lands
only.
Acquisitive Prescription Under Public Land Act pertains to
public agricultural land The land ceases to be part of public
domain
automatically and is converted to private property by mere lapse
or completion of the prescribed statutory period.
IPRA converts ancestral land as public agricultural land for
registration purposes
Under Public Land Act pertains to public agricultural land The
land ceases to be part of public domain
automatically and is converted to private property by mere lapse
or completion of the prescribed statutory period.
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The registration of ancestral lands differ from regular
registration proceedings.
the applicant is a member of an indigenous cultural group;
he must have been in possession of an individually-owned
ancestral land for not less than 30 years, and
by operation of law (IPRA), the land is already classified as
alienable and disposable land, even if it has a slope of 18% or
over, hence there is no need to submit a separated certification
that the land has been classified as A and D land.
Transfer of land or property rightsLimitations:
only to members of the same ICCs/IPs; in accord with customary
laws and traditions subject to the right of redemption of the
ICCs/IPs
for period of 15 years if transferred to nonmember of the
ICCs/IPs.
Generally, no ancestral land shall be opened for mining
operations.
No ancestral lands are declared as peoples small-scale mining
areas.
Both need prior consent of ICCs PEZA authority to issue building
permits.
NATIONAL COMMISSION ON INDIGENOUS PEOPLE under OP; 7
commissioners from ICCs as
representativesSpecific powers Formulation of policies, issuance
of rules and
regulations. Resolution of conflicts Issuance of CADT/CALT
Cancellation of ancestral domain and ancestral land
titles. Issuance of certification as a precondition to the
grant of permit Power to cite for contempt, issue restraining
order
NATIONAL COMMISSION ON INDIGENOUS PEOPLERegional Hearing Offices
shall exercise jurisdiction over all claims and disputes
involving right of ICCs/IPs and all cases pertaining to the
implementation, enforcement and interpretation of RA No. 8371.
Ancestral Domain Office shall be responsible for identification,
delineation and
recognition of ancestral lands and domains.
Thank you.