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In its Resolution No. 107-2010-AL[9] and Resolution No. 108-2010-AL[10] dated 10
November 2010, the NCIP held that private respondents Pirasos and Abanags have
vested rights over their ancestral lands on the basis of a native title and as
mandated by Article XII, Section 5 of the 1987 Constitution and Republic Act No.
8371 (RA 8371), otherwise known as "The Indigenous Peoples' Rights Act of 1997."
The NCIP described native title as "the interests and rights of indigenous inhabitants
in land, whether communal, group or individual, possessed under the traditional laws
acknowledged by, and the traditional customs observed by, the indigenous
inhabitants."[11] It "has its origin in and is given its content by the traditional laws
acknowledged by and the traditional customs observed by the indigenous inhabitants
of a territory. The nature and incidents of native title must be ascertained as a
matter of fact by reference to those laws and customs."[12] The NCIP held that the
Pirasos and Abanags' entitlement to the land is mandated by Article XII, Section 5 of
the 1987 Constitution which provides that "[t]he 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 said Resolutions granted both Petitions and directed the Ancestral Domains
Office, through the Director, to prepare the necessary CALTs for each respective
parcel of land described. The NCIP ruled in both Resolutions that the Pirasos and the
Abanags are guaranteed the right to their ancestral lands provided for under Section
8,[13] RA 8371, and such other rights granted by law.
The dispositive portion of Resolution No. 107-2010-AL provides:
WHEREFORE, premises considered, Petition is hereby GRANTED and the
Ancestral Domains Office, through the Director is directed to prepare
eight (8) Certificate of Ancestral Land Titles (CALTs) for each of the
respective parcel of land described in the technical descriptions hereto
attached, bearing CALT number as follows:
1.
2.
3.
4.
5.
6.
7.
8.
CALT
CALT
CALT
CALT
CALT
CALT
CALT
CALT
NO.
NO.
NO.
NO.
NO.
NO.
NO.
NO.
CAR-BAG-1110-000268
CAR-BAG-1110-000269
CAR-BAG-1110-000270
CAR-BAG-1110-000271
CAR-BAG-1110-000272
CAR-BAG-1110-000273
CAR-BAG-1110-000274
CAR-BAG-1110-000275
for
for
for
for
for
for
for
for
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Parcel
Lot
Lot
Lot
Lot
Lot
Lot
Lot
Lot
1
2
3
4
5
6
7 and
8
Lot No. 1 shall be in the name of Manuel Nimer, of legal age, married,
Filipino citizen, and with residence and postal address at Upper Session
Road, Baguio City while Lot Nos. 2, 3 and 4 shall be in the name of the
Heirs of Cosen Piraso represented by Richard A. Acop, of legal age,
married, Filipino citizen, and with residence and postal address at Acop,
4/23/2020, 8:53 AM