04/02/2020
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domains by special task forces and ensured the issuance of Certificates of Ancestral
Land Claims (CALC's) and Certificates of Ancestral Domain Claims (CADC's) to IPs.
The identification and delineation of these ancestral domains and lands is a power
conferred by the IPRA on the National Commission on Indigenous Peoples (NCIP).
[119] The guiding principle in identification and delineation is self-delineation.[120]
This means that the ICCs/IPs have a decisive role in determining the boundaries of
their domains and in all the activities pertinent thereto.[121]
The procedure for the delineation and recognition of ancestral domains is set forth
in Sections 51 and 52 of the IPRA. The identification, delineation and certification of
ancestral lands is in Section 53 of said law.
Upon due application and compliance with the procedure provided under the law and
upon finding by the NCIP that the application is meritorious, the NCIP shall issue a
Certificate of Ancestral Domain Title (CADT) in the name of the community
concerned.[122] The allocation of lands within the ancestral domain to any
individual or indigenous corporate (family or clan) claimants is left to the ICCs/IPs
concerned to decide in accordance with customs and traditions.[123] With respect to
ancestral lands outside the ancestral domain, the NCIP issues a Certificate of
Ancestral Land Title (CALT).[124]
CADT's and CALT's issued under the IPRA shall be registered by the NCIP before the
Register of Deeds in the place where the property is situated.[125]
(1) Right to Ancestral Domains and Ancestral Lands: How Acquired
The rights of the ICCs/IPs to their ancestral domains and ancestral lands may be
acquired in two modes: (1) by native title over both ancestral lands and
domains; or (2) by torrens title under the Public Land Act and the Land
Registration Act with respect to ancestral lands only.
(2) The Concept of Native Title
Native title is defined as:
"Sec. 3 [l]. Native Title-- refers to pre-conquest rights to lands and
domains which, as far back as memory reaches, have been held under a
claim of private ownership by ICCs/IPs, have never been public lands
and are thus indisputably presumed to have been held that way since
before the Spanish Conquest."[126]
Native title refers to ICCs/IPs' preconquest rights to lands and domains held under
a claim of private ownership as far back as memory reaches. These lands are
deemed never to have been public lands and are indisputably presumed to have
been held that way since before the Spanish Conquest. The rights of ICCs/IPs to
their ancestral domains (which also include ancestral lands) by virtue of native title
shall be recognized and respected.[127] Formal recognition, when solicited by
ICCs/IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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