NCIP to assert its quasi-judicial authority in the resolution of conflicts involving
indigenous peoples and non-indigenous opponents. Citing their experiences,
many IPs do not see a level playing field in the Regular Courts.
Conclusion
Some 18 percent of the total land area of the Philippines are now covered by
CADTs and are considered legally owned and governed by indigenous peoples.
This is by far the most commendable accomplishment of IPRA in the past 20
years. No other country in the world can lay claim to a similar accomplishment.
This was achieved with very limited resources and deserves commendation.
While CADTs have been issued, many ICCs still face the problem of confronting
migrants and other powerful interest groups who are in-situ or aim to utilize
their ancestral domains. In many instances, the CADT holders are not able to
exercise and enforce their traditional governance over their ancestral domains
thus rendering the CADT as a worthless piece of paper. The IPRA is one of the
most progressive asset reform laws enacted. It challenges the Regalian Doctrine,
which is the bedrock of land jurisprudence in the country.
However, the NCIP’s ability to deliver the promise of IPRA has been severely
hampered by other policy issuances and/or agreements that clearly dilute the
authority that has already been vested in the NCIP by IPRA. The case of JAO 01
and its impact on the titling process clearly illustrates this point.
However, a lot of work needs to be done to further streamline the process of the
survey and delineation of ancestral domains. The current delineation process
is expensive, long and tedious, focuses more on the technical acceptability
of spatial data, and most often leaves very little participation to the affected
communities, and rarely accommodates critical spatial information from the
perspective of the local people.
For IPs, land rights are associated with territory and de facto rights to traditional
self-governance that go beyond private property and legal titles. The ultimate
measure of land rights is self-governance.
Recommendations
§ The NCIP should have the political will to assert the authority granted
it by the IPRA. It should not give up its authority merely based on ensuring
86
Status of Land and Resource Tenure Reform in the Philippines 2018
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