Separate Concurring Opinion
33
G.R. No. 224469
VI
Two (2) additional modes of acquiring ownership were introduced
when IPRA was enacted. ICC/IPs may now apply for a CADT or Certificate
of Ancestral Land Title for their ancestral domain or ancestral land,
respectively: 165
a) Ancestral Dom{J,ins , - 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 voluntary 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 frnm which they traditionally had access to for their
subsistence and traditional activities, particularly the home ranges of
ICCs/IPs who are still nomadic and/or shifting cultivators;
b) Ancestral Lands - Subject to Section 56 hereof, refers to land
occupied, possessed and utilized by individuals, families and clans who
are members of tlie IC'Cs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or
traditional group ownership, continuously, to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth,
or as a consequence of government projects and other voluntary dealings
entered into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or paddies,
private forests, swidden farms and tree lots[.]" 166
The new modes of acqmrmg ownership introduced by IPRA
constitute different kinds of ownership which should not be confused with
the concept of ownership under the New Civil Code or the official national
legal system. 167 The concept of ownership under the New Civil Code 1s
explained as follows:
Ownership under the New Civil Code is defined under Articles 427
and 428. It is understood as either: " ... the independent and general
power of a person over a thing for purposes recognized by law and within
limits established thereby," or "a relation in private law by virtue of which
a thing pertaining to one person is completely subjected to his will in
everything not prohibited by public law or the concurrence with the rights
165
166
167
Id. at 176-177.
REP. ACT No. 8371, sec. 3 (a) and (b).
Marvic M.V.F. Leonen, Human Rights and Indigenous Peoples: An Overview of Recent Developments
in Policy, 1998 PHIL. PEACE&HUM. RTS. REV. 159, 178 (1998).
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