Separate Opinion
7
G.R. No. 224469
To my mind, these definitions do not cover the concept of ancestral
domains. Ancestral domains are neither "public" nor "private land" as
contemplated by Sec. 77 of P.D. 705.
Ancestral domains were recognized in the 1987 Constitution when it
stated that Congress may' provide for the applicability of customary laws
governing property rights in determining the ownership and extent of
ancestral domains. Article XII, Sec. 5 of the 1987 Constitution on National
Economy and Patrimony states:
SECTION 5. The State, subject to the provisions of this Constitution
and national development policies and programs, shall protect the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership and
extent of ancestral domain.
Implementing the foregoing, Congress enacted the IPRA, which
defined ancestral domains as "all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and natural resources therein,
held under a claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually since time
immemorial xx x." 16 These areas even include "forests, pasture, residential,
agricultural, and other lands individually owned whether alienable and
disposable or otherwise xx x." 17 Sec. 3 of the IPRA states:
SECTION 3. Definition of Terms. following terms shall mean:
For purposes of this Act, the
a) Ancestral Domains - Subject to Section 56 hereof, refer
to all areas generally belonging to ICCs/IPs comprising
lands, inland waters, coastal areas, and natural resources
therein, held under a claim of ownership, occupied or
possessed by ICCs/IPs, by themselves or through their
ancestors, communally or individually since time
immemorial, continuously to the present except when
interrupted by war,force majeure or displacement by force,
deceit, stealth or as a consequence of government projects or
any other v0luntary dealings entered into by government and
private individuals/corporations, and which are necessary to
ensure their economic, social and cultural welfare. It shall
include ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned
whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water,
mineral and other natural resources, and lands which may no
longer be exclusively occupied by ICCs/IPs but from which
they traditionally had access to for their subsistence and
16
i1
IPRA, Sec. 3.
Id.