Decision
36
G.R. No. 224469
e) Right to Regulate Entry of Migrants. - Right to regulate the
entry of migrant settlers and organizations into the domains;
g) Right to Claim Parts of Reservations. -The right to claim parts
of the ancestral domains which have been reserved for various
purposes, except those reserved and intended for common public
welfare and service; and
h) Right to Resolve Conflict. - Right to resolve land conflicts in
accordance with customary laws of the area where the land is located, and
only in default thereof shall the complaints pe submitted to amicable
settlement and to the Courts of Justice whenever necessary.
SECTION 8. Rights to Ancestral Lands. - The right of
ownership and possession of the ICCs/IPs to their ancestral lands shall be
recognized and protected.
a) Right to transfer land/property. - Such right shall include the
right to transfer land or property rights to/among members of the same
ICCs/lPs, subject to customary laws and traditions of the community
concerned.
b) Right to Redemption. - In cases where it is shown that the
transfer of land/property rights by virtue of any agreement or devise, to a
non-member of the concerned ICCs/IPs is tainted by the vitiated consent
of the ICCs/IPs, or is transferred for an unconscionable consideration or
price, the transferor ICC/IP shall have the right to redeem the same
within a period not exceeding fifteen (15) years from the date of
transfer.
But IP title is not the same as the concept of ownership in the Civil
Code. In his 2002 Philippine Judicial Academy (PHILJA) Judicial Journal
article entitled "Introducing the Indigenous Peoples' Rights Act (IPRA)," one
of the leading constitutionalists in the country, Professor Sedfrey M.
Candelaria, clarified that the civil law concept of land ownership is nonexistent within the IP sector.
Traditionally, under civil law, ownership over property carries with it
a bundle of rights comprised ofjus possidendi, jus abutendi, jus dispodendi,
jus utendi,_jusfruendi,_jus vindicandi, andjus accessiones. In contrast, IP title
is sui generis as it carries an important restriction - it is collective and
communal title held not only for the present generation but for all
succeeding generations. 85 What IPs have is the concept of mutual sharing
of resources wherein no individual, re~ardless of status, is without
sustenance. This means the land and its resources cannot be alienated or
encumbered except to the State and in ways that would prevent future
generations of the group from using and e:njoying it. 86 Nor can the land be
developed or misused in a way that would substantially deprive future
generations of the benefit of the land87 though some changes even permanent
Id.
Id.
87 Id.
85
86
.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents