Decision
4
G.R. No. 201273
therein. The action[ s] for reversion, annulment of documents and
cancellation of titles are rights of actions or reliefs which are obviously
neither within the exclusive nor concurrent jurisdiction of the NCIP. It
further asserted that it was never made a party to NCIP En Banc Resolution
No. 060-2009-AL (2009). Not being a party to the proceeding, it could not
avail of the remedy of filing a petition for review with the CA. The Republic
maintained that the CAL T and the consequent OCT was null and void. As
such, they can be attacked either directly [or] collaterally.
The RTC, however, was not at all persuaded by Republic's
arguments and rendered the now challenged Order dismissing the
complaint. It sustained private respondents that the RTC has no jurisdiction
over the subject matter of the complaint. The R TC explained that the CALT
and the corresponding OCT were issued on the basis of the Resolution 0602009-AL of the NCIP. Thus, any challenge against the CALT and the OCT
necessarily calls for a review of the NCIP Resolution which was made as
basis for the issuance of the CALT. However, NCIP is a quasi-judicial body
with a rank and stature equal to that of the RTC; hence, it cannot review the
Resolution of the NCIP or any document that flows from its proceedings.
The RTC disposed, thus:
WHEREFORE, the instant case is disblissed
without prejudice for lack of jurisdiction over the subjectmatter of the complaint.
SO ORDERED. 6
Petitioner filed a motion for reconsideration but the RTC denied this.
Aggrieved, petitioner filed a petition for certiorari under Rule 65 with the CA. 7
CA Decision
On the procedural issue, the CA ruled that petitioner availed itself of
the correct remedy when it filed a Rule 65 petition to assail the RTC's
dismissal without prejudice of the Complaint. 8 The CA ruled that the
Complaint assails the validity of OCT No. 0-CALT-37 as well as NCIP En
Banc Resolution No. 060-2009-AL, Series of 2009 9 (Resolution No. 0602009-AL). Given this, the RTC does not have jurisdiction to review the NCIP
Resolution as under the Indigenous Peoples Rights Act of 1997 10 (IPRA), its
Implementing Rules and Regulations (IRR), and even the NCIP Rules on
Pleadings, Practice and Procedure all state that Decisions of the NCIP are
reviewable by the CA. 11 For the CA, the NCIP and the RTC are co-equal
bodies and the NCIP is therefore beyond the control of the RTC. 12
6
7
9
IO
11
12
Rollo (Vol. I), pp. 99-104.
Id. at 98, 105.
Id. at 107-108.
Id. at 150-163.
Republic Act No. 8371, entitled "AN ACT TO RECOGNIZE, PROTECT AND PROMOTE TI-IE RIGHTS OF
INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL
COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES," October 29, I 997.
Rollo (Vol. I), pp. 109-111.
Id. at 111.