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Decision
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G.R. No. 201273
provide sufficient standards to guide the assessment and approval of ancestral
land claims, which allows an overreaching and unwarranted exercise of
discretion on the part of the NCIP and the Ancestral Domains Office (ADO). 50
The intervention lacks basis.
The requisites for intervention of a non-party, as the Court ruled in
Asia's Emerging Dragon Corp. v. Department of Transportation and
Communications, 51 are as follows:
1. Legal interest
(a) in the matter in controversy; or
(b) in the success of either of the parties; or
(c) against both parties; or
(d) person is so situated as to be adversely affected by a distribution or
other disposition of property in the custody of the court or of an
officer thereof;
2. Intervention will not unduly delay or prejudice the adjudication ofrights
of original parties;
3. Intervenor's rights may not be fully protected in a separate proceeding. 52
The Heirs of Carino and Ortega failed to prove a legal interest in the
controversy. The Petition raises whether the RTC, as affirmed by the CA,
ruled correctly in dismissing the Republic's Complaint for reversion and
annulment ofjudgment. The Heirs ofCarifio and Ortega do not claim that they
50
51
52
e) Upon receipt of the applications for delineation and recognition of ancestral land claims, the
Ancestral Domains Office shall cause the publication of the application and a copy of each document
submitted including a translation in the native language of the ICCs/lPs concerned in a prominent place
therein for at least fifteen (15) days. A copy of the document shall also be posted at the local, provincial,
and regional offices of the NCIP and shall be published in a newspaper of general circulation once a
week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen ( 15)
days from the date of such publication: Provided, That in areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute: Provided,farther, That mere posting shall be
deemed sufficient if both newspapers and radio station are not available;
t) Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and
inspect each application, and if found to be meritorious, shall cause a parcellary survey of the area being
claimed. The Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent
after inspection and verification. In case ofrejection, the Ancestral Domains Office shall give the applicant
due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable
to the NCIP. In case of conflicting claims among individual or indigenous corporate claimants, the
Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a
preliminary resolution of the conflict, without prejudice to its full adjudication according to Sec. 62 of this
Act. In all proceedings for the identification or delineation of the ancestral domains as herein provided, the
Director of Lands shall represent the interest of the Republic of the Philippines; and
g) The Ancestral Domains Office shall prepare and submit a report on each and every
application surveyed and delineated to the NCIP which shall, in turn, evaluate the report submitted. If
the NCIP finds such claim meritorious, it shall issue a certificate of ancestral land, declaring and
certifying the claim of each individual or corporate (family or clan) claimant over ancestral lands.
Rollo (Vol. II), p. 1087.
572 Phil. 523 (2008).
Id. at 527.
t