Decision
40
G.R. No. 224469
the communal purpose and the instructions of petitioners' elders and the
assurances of a non-governmental organization and the NCIP, are more
likely than not necessarily connected to this pre- and post-colonial cultural
practices and an integral part of its continuity to the present. The reason
for this is that since time immemorial, probably this has been how the
Mangyans, including petitioners herein, have been able to source the
materials for their communal building activities.
To further support their claim that they were justified in logging the
dita tree, petitioners contend as well that even prior to the effectivity of the
IPRA on March 30, 1998, the Iraya-Mangyans had already applied for a
Certificate of Ancestral Domain Claim (CADC). 100 As of March 31, 2018,
the NCIP data show that CADC No. R04-CADC-126 dated June 5, 1998 was
issued to the Iraya-Mangyan IP and is pending conversion to a Certificate
of Ancestral Domain Title (CADT). 101 Although the conversion of the
CADC to a CADT is still pending, we take judicial notice that the nearly
perfected claim covers the municipalities of Baco, San Teodoro, and Puerto
Galera in Oriental Mindoro with a land area of 33,334 hectares. 102
A CADC is the State's formal recognition of an IP/ICCs' claim to a
particular traditional territory which the IP/ICC has possessed and occupied,
communally or individually, in accordance with its customs and
traditions since time immemorial. 103 The issuance of a CADC involves a
painstaking process of submitting documents and testimonies attesting to the
possession or occupation of the area since time immemorial by such
indigenous community in the concept of owners. 104
The fact that a certificate of title or f'.ADT has yet to be issued to the
Iraya-Mangyan IPs does not diminish, much less, negate their communal
ownership of the land in question. After all, a paper title is just proof of
100
Supra note 1.
https://www.doe.gov.ph/sites/default/files/pdf/eicc/cadt-region04, (last accessed: January 22, 2020).
102
Section 1. Judicial notice, when mandatory -A court shall take judicial notice, without the introduction
of evidence, of the existence and territorial extent of states, their political history, forms of government
and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their
seals, the political constitution and history of the Philippines, the official acts oflegislative, executive and
judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical
divisions. (Rule 129 of the Revised Rules of Court)
103
DENR AO No. 02-93, Rules and Regulations for the Identification, Delineation and Recognition of
Ancestral Land and Domain Claims; DENR AO No. 29-96, Rules and Regulations for the Implementation
of Executive Order 263, Otherwise Known as the Community-Based Forest Management Strategy
(CBFMS); Palawan Council for Sustainable Development Resolution No. 38-A-93, Resolution Adopting
the Guidelines for the Identification and Delineation of Ancestral Domain and Land Claims in Palawan;
Palawan Council for Sustainable Development Resolution No. 38-A-93, Resolution Adopting the
Guidelines for the Identification and Delineation of Ancestral Domain and Land Claims in Palawan; DENR
AO No. 25-92, National Integrated Protected Areas System (NIP AS) Implementing Rules and Regulations;
NCIP AO No. 04-12, Revised Omnibus Rules on Delineation and Recognition of Ancestral Domains and
Lands of 2012.
104
See e.g., DENR AO No. 02-93, Rules and Regulations for the Identification, Delineation and Recognition
of Ancestral Land and Domain Claims; Palawan Council for Sustainable Development Resolution No. 38A-93, Resolution Adopting the Guidelines for the Identification and Delineation of Ancestral Domain and
Land Claims in Pa!awan.
101
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