peoples from the rest of the population is their concept of land as granted and
entrusted by one Creator for everyone to harness, cultivate, sustain, and live on.
This concept is distinct because it adheres to the spirit of collectivism and rejects
the notion of land as private property.
The more traditional communities tend to allocate more land for communal use,
devoted to controlled activities, i.e. sacred areas, conservation areas, etc. The
less traditional the community becomes, individual land ownership increases,
and zones designated for communal use decreases. Individual ownership
gives a wider latitude to allow investments to enter and even initiate land use
conversion. Hence, the demand by indigenous cultural communities (ICCs) is
for the recognition of communal ownership, as individualizing ownership of the
domain will lead to fragmentation of the community.19
Historical overview of indigenous peoples’
land issues and the advent of tenurial reforms
Customary tenure. Prior to Spanish colonization, early Filipinos already had
fairly developed indigenous property laws and customs for more than 20,000
years (Lynch, 1982). Customary tenure systems were often based on traditional
norms and defined oral agreements, and many of these land systems continue
to this day.
Commonwealtholaws. During the American colonial government,
Commonwealth Act 141 was enacted in 1936. It provided for the classification of
public lands into “alienable and disposable” lands, “timber” lands, and “mineral”
lands. The latter two types of lands are subject to alienation by the State but
only through lease. Concerning ancestral lands, Section 44 of the same law
(Chapter VII on Free Patents) as amended in 1964 by RA 3872, provided for
members of national cultural minorities to be granted free patents over land,
whether disposable or not, on condition that they have “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.” However, little is
known if any “cultural minority” actually benefitted from this provision.
Commonwealth Act 141 also had provisions that governed the reservations for
the settlement of tribal peoples. A Bureau of Non-Christian Tribes (BNCT) was
Report of IP leaders, Workshop on Land Ownership, UP University Hotel, 17 May 2017.
19
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Status of Land and Resource Tenure Reform in the Philippines 2018
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