Decision
41
G.R. No. 224469
communal ownership not a source of ownership. 105 Lamsis v. Dong-E106
relevantly states:
The application for issuance of a Certificate of Ancestral Land Title
pending before the NCIP is akin to a registration proceeding. It also seeks
an official recognition of one's claim to a particular land and is also in rem.
The titling of ancestral lands is for the purpose of "officially
establishing" one's land as an ancestral land. Just like a registration
proceeding, the titling of ancestral lands does not vest ownership upon
the applicant but only recognizes ownership that has already vested in
the applicant by virtue of his and his predecessor-in-interest's
possession of the property since time immemorial. 107
Even without yet a paper title, the State has already formally
recognized the rights of the Iraya-Mangyan IPs approaching title to use and
enjoy their ancestral domains through their CADC.
The State has also affirmed that holders of a CADC have substantial
rights and obligations, to wit:
A. Rights
1. The right to occupy, cultivate and utilize the land and all natural
resources found therein, as well as to reside peacefully within the
domain, subject to existing laws, rules and regulations applicable
thereto;
2. The right to benefit and to share the profits from the allocation and
utilization of natural resources within the domain;
3. The right to regulate in coordination with the Local Government Units
concerned, the entry of migrant settlers, non-government organizations
and other similar entities into the domain;
4. The right to negotiate the terms and conditions for the exploitation of
natural resources in the area for the purpose of ensuring the observance
of ecological and environmental protection and conservation measures
pursuant to national and customary laws, rules and regulations;
5. The right to acfively and collectively participate in the formulation and
implementation of government projects within the domain;
6. The right to lay claim on adjacent areas which may, after a more careful
and thorough investigation, be proven to be in fact part of the ancestral
domain;
7. The right to access and availment of technical, financial and other form
of assistance provided for by the Department of Environment and
Natural Resources and other government agencies;
8. The right to claim ownership of all improvements made by them at any
time within the ancestral domain.
B. Responsibilities responsibility to:
The community claimants shall have the
1. Prepare a Management Plan for the domain in consonance with the
provisions of Article VI hereof;
105
See Lim v. Gamosa, 774 Phil. 31 (2015).
648 Phil. 372, 393-394 (2010).
107
Citations omitted.
106
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