Separate Concurring Opinion
23
G.R. No. 224469
"A member of the national cultural minorities who has
continuously occupied and cultivated, either by himself or
through his predecessors-in-interest, a tract or tracts of land,
whether disposable or not since July 4, 1955, shall be
entitled to ,,,the :eight granted in the preceding paragraph of
this section: Provided, That at the time he files his free
patent application he is not the owner of any real property
secured or disposable under this provision of the Public
Land Law."
SECTION 2. A new sub-section (c) is hereby added to Section 48 of the
same Act to read as follows:
"( c) Members of the national cultural minorities who by
themselves or through their predecessors-in-interest have
been in open, continuous, exclusive and notorious
possession and occupation of lands of the public domain
suitable to agriculture, whether disposable or not, under a
bona fide claim of ownership for at least 30 years shall be
entitled to the rights granted in sub-section (b) hereof."
(Underscoring supplied)
Led by Senator Manuel Manahan, then-Chairman of the Senate
Committee on National Minorities, the amendments' objective was to
address the cultural minorities' continuing loss of their ancestral homes by
reason of the "grant of pasture leases or permits to the more aggressive
Christians[.]" It was "to give Tribal Filipinos 'a fair chance and equal
opportunity' to acquire title to public lands." 115
The Manahan amendments had the effect of creating "a distinction
between applications for judicial confirmation of imperfect titles by
members of national cultural minorities and applications by other qualified
persons in general[,]" 116 thus:
Members of cultural minorities may apply for confirmation of their title to
lands of the public domain, whether disposable or not; they may therefore
apply for public lands even though such lands are legally forest lands or
mineral lands of the public domain, so long as such lands are in fact
suitable for agriculture. The rest of the community, however, "Christians"
or members of mainstream society may apply only in respect of
"agricultural lands of the public domain," that is, "disposable lands of the
public domain" which would of course exclude lands embraced within
forest reservations or mineral land reservations. 117 (Emphasis in the
original.)
115
116
111
Owen James Lynch, Jr., Native Title, Private Right and Tribal Land Law: An Introductory Survey, 57
PHIL. L. J. 268, 290 (1982).
Republic v. Court ofAppeals, 278 Phil. 1, 15 (1991)[Per J. Feliciano, Third Division].
Id.
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