Land+Titles+Supplement+Reviewer+for+RA+8371+

LAND TITLES ATTY. CADIZ

SUPPLEMENTAL REVIEWER

PAGE 1 | A T E N E O D E M A N I L A L A W B A T C H 2 0 1 3 ANBOCHI. ATILLO. AVILA. MIRANDA. PORMENTO. REVOTE. REYES. SULIT.

RA 8371 (IPRA)

Note: The IPRA Reviewer only covers the relevant sections and chapters related to Land Titles which is basically the provisions

on Ancestral Domain. Itll pretty much explain the said provisions.

IPRA (R.A. 8371 Indigenous Peoples Rights Act of 1997)

Section 3 Definition of terms, for purposes of this Act, the following terms shall mean:

A.) Ancestral domains

a. Areas belonging to ICCs (Indigenous Cultural Communities) or IP (Indigenous People)

b. Lands, inland waters, coastal waters including natural resources therein

c. Under claim, ownership or possessed by ICCs/IPs or through ancestors

i. Take note that this may either be communal or individual

d. Since time immemorial, continuously to the present except when interrupted by:

i. War

ii. Force majeure

iii. Displacement by force

iv. Deceit, Stealth

v. Consequence of Government projects

vi. Voluntary dealings by government/private individuals/corporations

e. Alienable and disposable or otherwise

f. Also includes: Ancestral lands, Forests, Pastures, Residential and Agricultural, Hunting and Burial

grounds. Lands no longer exclusively occupied by ICCs/IPs, but traditionally accessed for

subsistence and traditional activities (eg. Shifting cultivators or nomadic tribes

B.) Ancestral Lands

a. Those occupied, possessed and utilized by individuals, families and clans of ICCs or IPs

b. Duration: continuously since time immemorial, by themselves or through predecessors-in-interest

under claims of individual or traditional group ownership. Continuously, except when interrupted

by the same forces as mentioned above in A subsection d.

c. Includes: residential lots, rice terraces or paddies, private forests, tree lots and swidden farms

(a.k.a. kaingin land, cut and burn farming land)

NOTE: Both Ancestral Domains and Ancestral Land are subject to Section 56 of the IPRA, which

will be discussed later.

C.) Certificate of Ancestral Domain: A title formally recognizing the rights of possession and ownership of ICCs or

IPs over their ancestral domains identified and delineated in accordance to this law

D.) Certificate of Ancestral Domain Title: A title formally recognizing rights of ICCs or IPs over ancestral lands

E.) Communal Claims: Claims on land, resources and rights belonging to the community within a defined territory




F.) Individual Claims: Claims to lands and rights thereon, devolved to individuals, families and clans including but

not limited to, residential lots, rice terraces or paddies and tree lots

CHAPTER III: Rights to Ancestral Domains

Section 4 Concept of Ancestral Lands/Domains:

A.) Includes concepts of territories covering the total physical environment, including the spiritual and cultural

bonds to the area which ICCs or IPs possess, occupy and use to which they have claims of ownership

Section 5 Indigenous Concept of Ownership:

A.) Sustains the view that ancestral domains and all resources found therein are the material basis of their cultural

integrity. Generally holds that ancestral domains are the private but community property belonging to all

generations. It cannot be sold, disposed or destroyed; this includes sustainable traditional resource rights.

Section 6 Composition of Ancestral Lands/Domains:

A.) These refer to those mentioned in under Section 3 items (a) and (b) of this act. Refer to those items mentioned

above regarding this.

Section 7 Rights to Ancestral Domains:

A.) Rights of ownership and possession of ancestral domains of rightful parties are protected (the subsections refer

to rights of ownership pertaining to property, not so much to land titles, reference can be made to the code)

Section 8 Rights to Ancestral Lands:

A.) Ownership and possession of ICCs and IPs to these lands are recognized and protected which are:

a. Right to transfer land/property Such right includes the right to transfer land and property rights

to/among members of the same ICCs or IPs, subject to laws and traditions of community concerned.

b. Right to redemptions Cases where the transfer of land/property rights by virtue of any agreement or

devise to a non-member of the concerned ICC or IP is tainted by vitiated consent of the ICCs or IPs or

by unconscionable consideration or price the ICC or IP transferor has the right to redeem the same

within a period of fifteen (15) years from date of transfer.

Section 10 Unauthorized and Unlawful Intrusion:

A.) Unauthorized and unlawful intrusion or use of any portion of ancestral domain, or any violation of the rights

enumerated in this act shall be punishable under this law. Government shall take measures to prevent non-ICCs

and non-IPs from taking advantage of customs or lack of understanding of the law to secure ownership or

possession belonging to said ICCs or IPs

Section 11 Recognition of Ancestral Domain Rights:

A.) Rights of ICCs or IPs to ancestral domains by virtue of Native Title are recognized. Formal recognition when

solicited by ICCs or IPs concerned shall be represented by a Certificate of Ancestral Domain Title (CADT),

recognizing the title of concerned ICCs and IPs on territories identified and delineated.

Section 12 Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the Land Registration Act

496:

A.) Individual members regarding individually-owned ancestral lands or through predecessors in-interest 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. Provided:

a. Continuous possession and occupation in the same concept of owner is present

b. Since time immemorial

c. Period not less than thirty (30) years




d. Immediately preceding approval of the IPRA

e. Uncontested by members by same ICCs or IPs

B.) Individually owned ancestral lands, actually used and agricultural in character, residential, pasture and for tree

farming including those with slopes of 18% or more are classified as alienable and disposable agricultural lands

C.) Option granted shall be exercised twenty (20) years from approval of this Act

Section 46 Officers within the NCIP (National Commission of Indigenous Peoples):

A.) Ancestral Domains Office: Responsibilities

a. Identification, delineation and recognition of ancestral lands/domains

b. Management of ancestral lands/domains according to master plans

c. Implementation of ancestral domain rights of ICCs and IPs (provided in Chapter III of the Act)

d. Issue upon free and prior informed consent of ICCs or IPs concerned certification prior to granting of

any license, lease or permit for the exploitation of natural resources affecting interests

e. Protection of territorial integrity

f. Other functions as commission may deem appropriate and necessary

CHAPTER VIII Delineation and Recognition of Ancestral Domain

Section 51 Delineation and Recognition of Ancestral Domains: Procedures on identification and delineation of Ancestral

Domains

A.) Ancestral Domains Delineated prior to this Act:

a. Provision do not apply to:

i. Lands already delineated according to DENR Admin. Order No. 2 1993

ii. Lands and domains delineated under any other community/ancestral program prior to Act

b. Enactment of this law gives right to ICCs or IPs to apply for the issuance of Certificate of Ancestral

Domain Title (CADT) over the area without going through the process outlined hereunder

B.) Delineating of specific perimeter may be initiated by the NCIP with consent of ICC or IP concerned, through a

Petition for Delineation filed with NCIP by majority of members of certain ICC or IP

C.) Delineation Paper: Ancestral Domains Office function

a. Official delineation of ancestral boundaries

b. Census of all community members

c. To be done upon filing of the application by the ICCs or IPs concerned

d. In coordination with community concerned at all times; genuine involvement and participation by

those concerned

D.) Proof Required: Proof of Ancestral Domain Claims includes:

a. Testimony of elders or community

b. Under oath

c. Documents directly or indirectly attesting to possession or occupation of area

i. Since time immemorial

d. Concept of owners which shall be in any one (1) of the following authentic documents:

i. Written accounts of the ICCs/IPs customs and traditions;

ii. Written accounts of the ICCs/IPs political structure and institution;

iii. Pictures showing long term occupation such as those of old improvements, burial grounds,

sacred places and old villages;

iv. Historical accounts, including pacts and agreements concerning boundaries entered into by

the ICCs/IPs concerned with other ICCs/IPs;




v. Survey plans and sketch maps;

vi. Anthropological data;

vii. Genealogical surveys;

viii. Pictures and descriptive histories of traditional communal forests and hunting grounds;

ix. Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks,

ridges, hills, terraces and the like; and

x. Write-ups of names and places derived from the native dialect of the community

E.) Preparation of Maps and Reports: Ancestral Domains Office of NCIP prepares the perimeter map with technical

descriptions including natural features and landmarks therein, based on investigations and facts based on the

above mentioned proofs. Complete copy of census and investigation report will also be prepared

F.) Notice and Publication: Copy of each document including a translation in the native language of the concerned

ICCs or IPs shall be posted

i. In a prominent place therein

a) For at least fifteen (15) days

ii. Copy to be posted at local, provincial and regional NCIP offices

iii. Published in newspaper of general circulation

a) Once a week for two (2) consecutive weeks

a. This is to allow other claimants to file an opposition thereto

i. Within 15 days from date of publication

iv. Exception: areas where no such newspaper exists broadcasting in a radio station will be valid

v. Exception: Mere posting deemed sufficient if radio and newspaper are not available

G.) Endorsement to NCIP: Ancestral Domains Office (ADO) will prepare a report to the NCIP

i. Within fifteen (15) days from publication

ii. Endorses a favorable action upon a claim: deemed to have sufficient proof

iii. If proof is insufficient: additional evidence is required to be submitted

iv. ADO will also reject any claim deemed patently false or fraudulent (after inspection and

verification)

a) In case of rejection:

a. ADO gives applicant due notice

b. Copy furnished all concerned grounds for denial

c. Rejection may be appealed to the NCIP

b) In case of conflicting claims:

a. ADO will cause contending parties to meet

b. Assist them in arriving at a conflict resolution

c. Without prejudice to full adjudication based on the selection below

H.) Turnover of areas within ancestral domains managed by other government agencies:

a. Much like a return of ancestral domains and lands to rightful parties, from government agencies

i. NCIP chairperson certifies that area covered is ancestral domain

ii. Secretaries of DAR, DENR, DILG, DOJ, Commissioner of the National Development

Corporation and other agencies claiming jurisdiction over area covered shall be notified

iii. Notification terminates any legal basis for previously claimed jurisdiction

I.) Issuance of CADTs (Certificate of Ancestral Domain Titles)

i. CADT to be issued to ICCs or IPs whose ancestral domains have been delineated and

determined

ii. NCIP issues CADTs which contains




a) Name of community concerned

b) List of all those identified in the census

J.) Registration of CADTs

i. NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral

land titles before the Registry of Deeds in the place where property is

Section 53: Identification, Delineation and Certification of Ancestral Lands

A.) ICCs or IPs concerned using customs and traditions shall determine allocation of lands within ancestral domains

to individuals or indigenous claimants (family or clan)

B.) Individual and indigenous corporate claimants of ancestral lands not within ancestral domains, may have claims

officially established by filing applications for the identification and delineation of their claims with the Ancestral

Domains Office

a. Individual or recognized head of family or clan may file application in his

behalf or for the family or clan

C.) Proof of claims: accompanies application form which includes:

a. Testimony under oath of elders of community

b. Other documents directly or indirectly attesting to possession or occupation of areas

c. Any of the authentic documents enumerated under Sec. 52 (d) of this act

d. Tax declaration and proofs of payment of taxes

D.) ADO may require from each ancestral claimant the submission of such other documents, Sworn Statements and

the like, which in its opinion, may shed light on the veracity of the contents of the application/claim

E.) Upon receipt of applications for delineation and recognition of ancestral land claims, ADO shall cause:

i. Publication of application

ii. Copy of each document translated in native language of ICCs or IPs concerned

1. Posted in a prominent place therein for at least fifteen (15) days

2. Posted also at local, provincial and regional offices of NCIP

3. Publication in a newspaper of general circulation once a week for two (2)

consecutive weeks to allow for other claimants to file opposition within fifteen

days (15) from date of publication

4. Exception: If there is no newspaper in said area radio broadcast will suffice

5. Exception: if no radio broadcast and newspaper is available posting shall be

sufficient

F.) Ancestral Domains Office investigates and inspects each application fifteen (15) days after such publication:

a. If Meritorious:

i. A parcellary survey shall be caused over area being claimed

b. Power to reject application:

i. Deemed patently false or fraudulent

ii. After inspection and verification

iii. Applicant will be give due notice, copy furnished to all concerned

iv. Rejection shall be appealable to the NCIP

c. In case of conflict:

i. Cause contending parties to meet and assist them to solve the conflict of claims

ii. No prejudice to full adjudication according to section 62 of this act




d. Director of Lands shall represent the interest of the Republic of the Philippines in proceedings for

identification and delineation

e. ADO shall prepare and submit a report on each and every application surveyed and delineated to the

NCIP which in turn shall evaluate it

Section 54 Fraudulent Claims:

A.) ADO, upon written request from ICCs or IPs review existing claims which have been fraudulently acquired by any

person or community. Claim found to be obtained by fraud and issued may be cancelled by the NCIP after due

notice and hearing of parties concerned

Section 55 Communal Rights

A.) Subject to section 56, areas within ancestral domains, delineated or not shall be presumed to be communally

held. Communal rights under this act are not construed as co-ownership provided in the New Civil Code

Section 56 Existing Property Rights Regimes

A.) Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be

recognized and respected

Note: Sections 57-64 are self explanatory, and are not important with regard to land registration of ancestral domains and

ancestral lands. It relates to natural resources development of the ICCs or IPs, certification precondition of ICCs or IPs for

development of lands by other bodies. Tax exemptions. Conflict resolutions, temporary requisition powers, applicable laws.

Remedial measures are also included. With this reviewer I have included the codal provisions of IPRA for reference. To save

time it would be best to stick with those provisions that are related to land registration and publication etcetera. Chapter IX

Section 71 of the act provides for a Ancestral Domains Fund.

It would also be best not to print the IPRA, its way too long. Or better yet if you prefer you can print out those provisions

relevant to land registration based on this review.

Land+Titles+Supplement+Reviewer+for+RA+8371+

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