Indigenous People’s Rights Act (IPRA) and

Cadastral Land Proceedings

I. Indigenous People’s Rights Act

> The Law allows indigenous people to obtain recognition of their right of ownership over
ancestral lands and ancestral domains by virtue of a native title.

(Cruz v. Sec. of Natural Resources)

> Constitutional/ legal basis: SECTION 5, ARTICLE XII of the 1987 Constitution

> Landmark case: Cruz v. Secretary of Environment and Natural Resources, G.R. No.
135385, December 6, 2000 :

Facts: Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and
mandamus as citizens and taxpayers, assailing the constitutionality of certain provisions of
Republic Act No. 8371, otherwise known as the Indigenous People’s Rights Act of 1997 (IPRA)
and its implementing rules and regulations (IRR). The petitioners assail certain provisions of the
IPRA and its IRR on the ground that these amount to an unlawful deprivation of the State’s
ownership over lands of the public domain as well as minerals and other natural resources
therein, in violation of the regalian doctrine embodied in Section 2, Article XII of the
Constitution.

Ruling: As the votes were equally divided (7 to 7) and the necessary majority was not
obtained, the case was redeliberated upon. However, after redeliberation, the voting remained the
same. Accordingly, pursuant to Rule 56, Section 7 of the Rules of Court, the petition was
dismissed, and the questioned law was deemed upheld as valid.

Separate Opinion: Justice Puno stressed that ancestral lands and ancestral domains are not
parts of the public domain. Domains and lands held under the native title are, therefore,
indisputably presumed to have never been public lands and are private.

 Concept of Native Title in the IPRA was taken from the 1909 case of CARINO v.
Insular Government

Justice Katipunan:

It is readily apparent from the constitutional records that the framers of the
Constitution didn’t intend Congress to decide whether ancestral domains shall be public or
private property. Rather, they acknowledged that ancestral domains shall be treated as private
property, and that customary laws shall merely determine whether such private ownership is by
the entire indigenous cultural community, or by individuals, families, or clans within the
community.

 Indigenous Cultural Communities/ Indigenous Peoples

-refers to a group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of ownership
since time immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language, customs, traditions and other distinctive cultural traits, or
who have, through resistance to political, social and cultural inroads of colonization, non-
indigenous religions and cultures, became historically differentiated from the majority of
Filipinos

II. ANCESTRAL DOMAINS & MODES OF ACQUISITION (Includes Ancestral Lands,

Native Title, Recognition & Certification)

 Ancestral Domain- It refers to all areas generally belonging to ICCs/IPs (Indigenous

Cultural Communities/Indigenous Peoples)

 comprising lands, inland waters, coastal areas, and natural resources

therein, ancestral lands, forests, pasture, residential, agricultural, and other
lands individually owned whether alienable and disposable or otherwise,
hunting grounds, burial grounds, worship areas, bodies of water, mineral
and other natural resources.

 Ancestral Land- It refers to land occupied, possessed and utilized by individuals, families
and clans who are members of the ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or traditional group
ownership, continuously, to the present
-except when interrupted by war, force majeure or displacement by force,
deceit, stealth, or as a consequence of government projects and other voluntary
dealings entered into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or paddies, private
forests, swidden farms and tree lots.

 Native Title- It refers to pre-conquest rights to lands and domains which, as far back as
memory reaches, have been held under a claim of private ownership by ICCs/IPs, have
 never been public lands and are thus indisputably presumed to have been held that way
since before the Spanish Conquest.

MODE OF ACQUISITION:

(a) by native title over both ancestral lands and domains

“SEC. 11. Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs to their
ancestral domains by virtue of Native Title shall be recognized and respected. Formal
recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over
the territories identified and delineated.

(1) Delineation and recognition of ancestral domains.

 Sworn Statement of the elders as to the scope of territories as to determine the traditional
territories

 Census of all community members shall be undertaken by the Ancestral Domains Office
(ADO) upon filing of the application by the ICCs

 Claims shall include testimony of the elders of the community under oath in concept of
owners

 ADO shall prepare a perimeter map, descriptions features, landmarks etc.

 A copy of the each document, translated, shall be posted for 15 days in prominent places,
local, provincial and reginal offices of NCIP

 Published in a newspaper of general circulation (once a week for two consecutive weeks
in order for claimants to file opposition within 15 days of publication

 ADO endorses a favorable action if the claims have sufficient proof

 If insufficient or rejected; ADO shall require additional evidence. Denial is appealable to

the NCIP

 On conflicting claims, ADO shall ask the contending parties to form a resolution without
prejudice
  Determined and officially delineated ancestral domain shall be issued a Certificate of
Ancestral Domain Title (CADT) in the name of the community concerned.

(b) by Torrens title under the Public Land Act and the Land Registration Act (now Property Registration
Decree) with respect to ancestral lands only

“SEC. 12. Option to Secure Certificate of Title Under Commonwealth Act 141, as
amended, or the Land Registration Act 496. –– Individual members of cultural communities,
with respect to their individually-owned ancestral lands who, by themselves or through their
predecessors-in-interest, have been in continuous possession and occupation of the same in
the concept of owner since time immemorial…

(2) Identification, delineation and certification of ancestral lands

 preceding the approval of this Act and uncontested by the members of the same ICCs/IPs
shall have the option to secure title to their ancestral lands under the provisions of
Commonwealth Act 141, as amended, or the Land Registration Act 496 (now Property
Registration Decree).

 The option granted under this section shall be exercised within twenty (20) years from the
approval of this Act.”

 An individual or recognized head of a family or clan may file such application in his
behalf or in behalf of his family or clan, respectively.

 If the NCIP finds such claim meritorious, it shall issue a certificate of ancestral land,
declaring and certifying the claim of each individual or corporate (family or clan)
claimant over ancestral lands.

 The ADO may, upon written request from the ICCs/IPs, review existing claims which
have been fraudulently acquired by any person or community. Any claim found to be
fraudulently acquired by, and issued to, any person or community may be cancelled by
the NCIP after due notice and hearing of all parties concerned.

III. NATIONAL COMMISSION ON INDIGENOUS PEOPLE

 RESOLUTION OF CONFLICTS
O
v
u
h
liti

D
w
t
b
N
/
s
IC
p
o
P
d
n
r
a
e
H
L
fF
g
m
c
y
T
A  NCIP shall hear and decide after proper notice to parties, ancestral
domains as delineated in the survey plan
 NCIP shall hear and decide according to customary process,
between and/or among ICCs/IPs regarding the traditional boundaries of
their respective ancestral domains

National Commission on Indigenous People:

Functions of the Commission

 Formulation and implementation of policies, plans and programs to recognize,
protect and promote the rights of ICCs/IPs
 Protect and promote the interest and well-being of the ICCs/IPs with due regard to
their beliefs, customs, traditions and institutions

Powers of the Commission

 Administrative, quasi-legislative and quasi-judicial

  Carry out policies of IPRA

o
e
c
ffi
O
C
N
Pf
I
p
i
(
d
e
n t
e
d
n
e
h
t
n
P
e
g
a
)
y
c
d
i
s
r t
n

 Ancestral Domain Office:

s
t
e
c
n
A l
a
r
Functions

 Identification, delineation and recognition of

a
m
o
D
n
i
m
o
C
l
a
s
n
ti
N
i
s
n
o
i 
ancestral lands/domains.

Management of ancestral lands/domains in

p
o
e
P
g
i
d
s
l
I
n
u )
P
I
C
N
( accordance with a master plan
e
c
ffi
O  Implementation of the ancestral domain rights

D
A
(
)
O of the ICCs/IPs as provided in Chapter III of the
IPRA

 Issue, upon the free and prior informed consent

of the ICCs/IPs concerned, certification prior to
the grant of any license, lease or permit for the
exploitation of natural resources affecting the
interests of ICCs/IPs or their ancestral domains

 Assist the ICCs/IPs in protecting the territorial

integrity of all ancestral domains
IV. Option to Secure Certificate of Title Under Commonwealth Act 141, as amended, or
the Land Registration Act 496

- Individual members of cultural communities, with respect to their individually-owned ancestral

lands who, by themselves or through their predecessors-in-interest, have been in continuous
possession and occupation of the same in the concept of owner since time immemorial or for a
period of not less than thirty (30) years immediately preceding the approval of this Act and
uncontested by the members of the same ICCs/IPs shall have the option to secure title to their
ancestral lands under the provisions of Commonwealth Act 141, as amended, or the Land
Registration Act 496 (now Property Registration Decree).

-For this purpose, said individually-owned ancestral lands, which are agricultural in character and
actually used for agricultural, residential, pasture, and tree farming purposes, including those with a
slope of eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural
lands.

-The option granted under this section shall be exercised within twenty (20) years from the approval of
this Act.”

V. CADASTRAL REGISTRATION PROCEEDINGS

a. Nature and purpose of cadastral proceedings- Under the cadastral system, pursuant to initiative
on the part of the government, titles for all the land within a stated area are adjudicated whether or not
the people living within the area desire to have titles issued. The purpose, is to serve the public interest
by requiring that the titles to any unregistered lands “be settled and adjudicated.

b. Procedure leading to the adjudication of property through cadastral proceedings-

1. Cadastral survey preparatory to filing of petition

2. Filing of petition for registration

3. Notice of survey and publication

4. Filing of answer

5. Hearing of the petition

6. Judgment; when title deemed vested

c. Actions taken in a cadastral proceeding-

After trial in a cadastral case, three actions are taken, namely:

First - Adjudicates ownership in favor of one of the claimants.

Second - Declaration by the court that the decree is final and its order for the issuance of the
certificates of title by the Administrator of the Land Registration Authority.

Third and last action - devolves upon the Land Registration Authority

d. Only “unregistered lands” may be the subject of a cadastral survey.

e. Lands already titled cannot be the subject of cadastral proceedings.

f. Jurisdiction of the cadastral court over previously titled lands.

g. Cadastral answer may not be thrown out upon a mere motion of adverse claimants

h. Amendment of the plan to include additional territory.

i. When title to land in a cadastral case is vested.

j. New titles may be issued for private lands within the cadastral survey.

k. Issuance of writ of possession imprescriptible.