04/02/2020
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Ade-0403-005, Lot. No. 3- Dimipac Island-Ade-0403-005-Gni, Lot
No. 4-Ade-0403-005-Gni, and Lot No. 5-Ade-0403-005-Gni with
corresponding areas which are adjacent to Calauit Island x x x.
6. At present, [a] certain Roy Dabuit is the Acting Chairman of the
Tagbanua Indigenous Cultural Community who is the recipient of
the said CADT in Calauit Island and other islets.
7. Furthermore, the undersigned was able to take pictures on the
portions of Calauit Island which were occupied by the BCM and
Indigenous People belonging to the Tagbanua Tribe. They have built
houses made of light materials, school (elementary and day care),
small causeway and tribal hall.
8. Moreover, the Calauit Preserve and Wildlife Sanctuary still exist in
the Island of Calauit and placed under the management of the
Provincial Government of Palawan thru an Executive Order. The
issuance of CADT over Calauit Island including the Calauit Preserve
and Wildlife Sanctuary under Presidential Proclamation 1578 is
another current problem.[56]
Thus, the OSG submitted that "the instant petition must be decided on the merits
considering that the area in dispute remains to be a Game and Wildlife Preserve and
petitioners persist on their illegal occupation thereof."[57]
Notwithstanding the matters raised by the petitioners in this case, a review of the
Complaint, Answer with Counterclaims, and the rest of the record of the instant
petition readily reveals that the fundamental issue of the controversy between the
parties may be summed up into these: whether or not the Resettlement Agreements
are valid; and, more importantly, whether or not the petitioners may be compelled
to vacate Calauit by virtue of their obligations enumerated in the Resettlement
Agreements.
Ruling of this Court
With the issuance by the Office of the President of the CADT, an ostensive successor
to the Resettlement Agreements, to the Tagbanua Indigenous Cultural Community
(ICC), the resolution of the question on the propriety or impropriety of the latter
contract and their effects on the continued stay of the settlers on Calauit appears to
have been rendered moot and academic.
Under the CADT, the Tagbanua ICC is given authority "TO HAVE AND HOLD IN
OWNERSHIP, the x x x described ancestral domain as their private but community
property, which belongs to all generations of the said Indigenous Cultural
Community/Indigenous Peoples"; and "TO DEVELOP, CONTROL, MANAGE and
UTILIZE COLLECTIVELY the said ANCESTRAL DOMAIN with all the rights, privileges
and responsibilities appurtenant thereto, subject to the condition that the said
ancestral domain shall NOT be SOLD, DISPOSED, nor DESTROYED."
To be precise, Section 7 of Republic Act No. 8371 recognizes that the rights to
ancestral domains carry with it the rights of ownership and possession of ICCs/IPs to
their ancestral domains, which shall include the following:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61037
12/19