04/02/2020
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The option granted under this section shall be exercised within twenty
(20) years from the approval of this Act."[196]
ICCs/IPs are given the option to secure a torrens certificate of title over their
individually-owned ancestral lands. This option is limited to ancestral lands only, not
domains, and such lands must be individually, not communally, owned.
Ancestral lands that are owned by individual members of ICCs/IPs who, by
themselves or through their predecessors-in-interest, have been in continuous
possession and occupation of the same in the concept of owner since time
immemorial[197] or for a period of not less than 30 years, which claims are
uncontested by the members of the same ICCs/IPs, may be registered under C.A.
141, otherwise known as the Public Land Act, or Act 496, the Land Registration Act.
For purposes of registration, the individually-owned ancestral lands are classified as
alienable and disposable agricultural lands of the public domain, provided, they are
agricultural in character and are actually used for agricultural, residential, pasture
and tree farming purposes. These lands shall be classified as public agricultural
lands regardless of whether they have a slope of 18% or more.
The classification of ancestral land as public agricultural land is in compliance with
the requirements of the Public Land Act and the Land Registration Act. C.A. 141, the
Public Land Act, deals specifically with lands of the public domain.[198] Its provisions
apply to those lands "declared open to disposition or concession" x x x "which have
not been reserved for public or quasi-public purposes, nor appropriated by the
Government, nor in any manner become private property, nor those on which a
private right authorized and recognized by this Act or any other valid law x x x or
which having been reserved or appropriated, have ceased to be so."[199] Act 496,
the Land Registration Act, allows registration only of private lands and public
agricultural lands. Since ancestral domains and lands are private, if the
ICC/IP wants to avail of the benefits of C.A. 141 and Act 496, the IPRA
itself converts his ancestral land, regardless of whether the land has a slope
of eighteen per cent (18%) or over,[200] from private to public agricultural
land for proper disposition.
The option to register land under the Public Land Act and the Land Registration Act
has nonetheless a limited period. This option must be exercised within twenty (20)
years from October 29, 1997, the date of approval of the IPRA.
Thus, ancestral lands and ancestral domains are not part of the lands of the
public domain. They are private and belong to the ICCs/IPs. Section 3 of
Article XII on National Economy and Patrimony of the 1987 Constitution classifies
lands of the public domain into four categories: (a) agricultural, (b) forest or timber,
(c) mineral lands, and (d) national parks. Section 5 of the same Article XII
mentions ancestral lands and ancestral domains but it does not classify them under
any of the said four categories. To classify them as public lands under any one
of the four classes will render the entire IPRA law a nullity. The spirit of the
IPRA lies in the distinct concept of ancestral domains and ancestral lands. The IPRA
addresses the major problem of the ICCs/IPs which is loss of land. Land and space
are of vital concern in terms of sheer survival of the ICCs/IPs.[201]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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