04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
Clearly, under the above-quoted provision of IPRA, ancestral domains of ICCs/IPs
encompass the natural resources found therein.
And Section 7 guarantees
recognition and protection of their rights of ownership and possession over such
domains.
The indigenous concept of ownership, as defined under Section 5 of the law, "holds
that ancestral domains are the ICC's/IP's private but community property which
belongs to all generations and therefore cannot be sold, disposed or destroyed."
Simply put, the law declares that ancestral domains, including the natural resources
found therein, are owned by ICCs/IPs and cannot be sold, disposed or destroyed.
Not only does it vest ownership, as understood under the Civil Code; it adds
perpetual exclusivity. This means that while ICCs/IPs could own vast ancestral
domains, the majority of Filipinos who are not indigenous can never own any part
thereof.
On the other hand, Section 3 (b)[25] of IPRA defines ancestral lands as referring to
"lands occupied, possessed and utilized by individuals, families and clans of the
ICCs/IPs since time immemorial x x x, under claims of individual or traditional group
ownership, x x x including, but not limited to, residential lots, rice terraces or
paddies, private forests, swidden farms and tree lots." Section 8 recognizes and
protects "the right of ownership and possession of ICCs/IPs to their ancestral lands."
Such ownership need not be by virtue of a certificate of title, but simply by
possession since time immemorial.
I believe these statutory provisions directly contravene Section 2, Article XII of the
Constitution, more specifically the declaration that the State owns all lands of the
public domain, minerals and natural resources - none of which, except agricultural
lands, can be alienated. In several cases, this Court has consistently held that nonagricultural land must first be reclassified and converted into alienable or disposable
land for agricultural purposes by a positive act of the government.[26] Mere
possession or utilization thereof, however long, does not automatically convert them
into private properties.[27] The presumption is that "all lands not appearing to be
clearly within private ownership are presumed to belong to the State. Hence, x x x
all applicants in land registration proceedings have the burden of overcoming the
presumption that the land thus sought to be registered forms part of the public
domain. Unless the applicant succeeds in showing by clear and convincing evidence
that the property involved was acquired by him or his ancestors either by
composition title from the Spanish Government or by possessory information title, or
any other means for the proper acquisition of public lands, the property must be
held to be part of the public domain. The applicant must present competent and
persuasive proof to substantiate his claim; he may not rely on general statements,
or mere conclusions of law other than factual evidence of possession and title."[28]
Respondents insist, and the ponencia agrees, that paragraphs (a) and (b) of
Sections 3 are merely definitions and should not be construed independently of the
other provisions of the law. But, precisely, a definition is "a statement of the
meaning of a word or word group."[29] It determines or settles the nature of the
thing or person defined.[30] Thus, after defining a term as encompassing several
items, one cannot thereafter say that the same term should be interpreted as
excluding one or more of the enumerated items in its definition. For that would be
misleading the people who would be bound by the law. In other words, since RA
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
141/148
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents