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1 Philippine Indigenous Communities

UNIT 1: INDIGENOUS PEOPLES: THEIR HISTORY

1.0 Intended Learning Outcomes

a. Discuss the life of the indigenous peoples in transition, from the Pre-Hispanic to
Post-American Era;
b. Critically evaluate the gains and pitfalls of the policies created for indigenous
communities, from the Spanish to Post-American regime;
c. Explain how Asiatic and Western identities influenced the social and cultural
identities of Indigenous Communities; and
d. Formulate ways on how to complement social and cultural diversity amongst
indigenous and mainstream communities.

1.1. Introduction

In this chapter, you will learn about the historical background of the country’s
Indigenous Peoples and the events that shaped their historical beginnings through
brief look back of the most significant events that happened in the Philippines. The
discussion will put emphasis on the factors or causes that led to the isolation and
marginalization of the IPs/ICCs. And will delve deeply into knowing the country’s
indigenous peoples by understanding their primitive philosophies and lifeway,
such as, how they give meaning to life and nature, including the natural resources
that they live with.

In sum, the chapter will help you understand how the substantial
developments through time shaped the social, economic, cultural and political
spectra of the IPs/ICCs’ communities. Verily, the most part of the lecture will center
on the gold and dark eras of the indigenous peoples as structures and principles of
government changes from one regime to another.

1.2 Topics/Discussion (with Assessment/Activities)

1.2.1 Indigenous Peoples: Their History

1.2.1.1 Before Western Contact
1.2.1.2 Spanish Occupation
1.2.1.3 American Occupation
1.2.1.4. Indigenous Communities: Post American Regimes

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BRAIN-BUILD
Activity Title: Hook Up Patches!
Instructions:

1. Perform the following activities and use any writing implements to deliver the
same. Be creative.

Activity 1
a. Using only correlative symbols, create a road map showing the history of
ICCs/IPs and provide a concise briefer to each symbol.

Activity 2
b. Using a Fishbone Diagram put into picture the causes that led the isolation
of IPs.

Activity 3
c. Present an idea (print or electronic) about the ways by which socio-
cultural differences amongst mainstream and indigenous communities
could be harmonized.

2. Present your outputs either print or virtual.

3. Rubric

CRITERIA PT. SCORE REMARK

1. Cohesiveness of ideas 10
Ideas or information presented is rich and
shows learner’s understanding of the topic
2. Quality of Instructional Aid 5
The learner’s use of appropriate scheme and
material are apparent and led to the
successful delivery of the expected output
3. Quality and Style of Presentation 5
The learner is able to present the assigned
task accurately and in the most
sophisticated way
TOTAL 20

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Indigenous Peoples: Their History

Before Western Contact

Long before the western conquest, large part of the Philippine archipelago was
predominantly inhabited by the Negritos, Indonesians, and Malays. These people were
the earliest and first to reach the Philippines through the wooden boats. And just like
other non-industrial societies across the world, our ancestors have also lived a nomadic
way of life. It is a lifestyle where groups of people travel or move from places to places
in the hunt for food to survive. Seemingly, hunting and gathering of resources were the
primary means of food and these staple activities have kept our ancestors alive for years.

The sociocultural dynamics of these three groups gave rise to shared cultural
features which became the domineering influence in the emergence of ethnic identities
amongst archipelagos. With the advent of cross-border trading and commerce such as
the century old Chinese exportation of porcelain, silk, amongst others. Historians have
claimed that Indian influence found their way into the religious and cultural aspects of
the pre-colonial society.

The Ancient Filipinos

The Negritos were already traveling from in and out of the archipelagos even
before the discovery of the Philippines by Magellan in the year 1521. Later the Negritos
were dominated by the Austronesians and the Austronesians succeeded at instilling
dominant identities on the inferior tribe. The groups evolved from a society of hunter-
gatherers to warring societies. Years passed, petty plutocracies or the rule of the
wealthiest as well as maritime-harbouring principalities emerged. These developed into
kingdoms, rajahnates, principalities, confederations, and sultanates.

For years of moving to and from the isles of the country, our ancestors’ knowledge
of the physical world slowly improved. They mastered living with nature by conquering
plains, mountains, forests, rivers, and oceans. Their consumption depended largely on
resources found in the ridges and reefs. People grew and resources started to become
scarce. Other societies started to take exclusive control over territories and resources.
Hence, moving from places to places for food became difficult. The nomadic way of life
disappeared gradually. Small-scale farming or horticulture emerged and enabled the
household to produce food for the family. These families turned to food producers. All
needing resources to survive. Bigger consumption demands bigger production and a
huge tract of land. People started to transform forests to farmlands, agriculture or large-
scale farming began to shape human civilization. The Domestication of animals followed
and has become very helpful in managing huge farmlands. Settlements became

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permanently grounded on boats afloat at sea or at the mainland beneath the river where
fishes are available. From the mountain ridges to the coastal shores, our ancestors have
evolved a homogenous culture, a commonly shared way of life where survival much
depends on nature.

The elements which form the population of these islands,—a few thousands of the
little Negritos; many wild mountain tribes of the primitive Malayans; a later immigration
of Malayans of higher cultivation and possibilities than any that preceded them, who had
been influenced by the Hinduism of Java and who have had in recent centuries an
astonishing growth both in numbers and in culture; and last, the fierce Mohammedan
sea-rovers, the true Malays (Barrows, 2011).

The Early Filipinos

The vast influences of the Malays stemmed through the lives of the early Filipinos
and later became the peoples’ life structure and form. They spoke languages which they
inherited from the Austronesian parent-stock and used these to express themselves and
their literary work engraved on stones, trees, and caves. They began to fashion out belief
systems which later developed into an institution called religion. They have faith in the
immortality of the soul, life after death, and eternal rests with the “Bahalang Maykapal”.
They venerated the physical world by giving praises to the sun, the moon, animals and
birds, mountains, bodies of water for they believed that the objects of nature give them
what they need, hence, must be nurtured and respected. Social order became of
paramount importance. With groups of people now gathered as a community, they need
leaders or authorities to ensure peace and order in between neighbours and tribes. At this
time, Filipinos started to form a system of government where the governance is vested
with the wealthiest in the community and established political units, from kingdoms,
sultanates, to rajahnates.

According to the recount of De Leon (2011) on the ancient political system of the
early Filipinos, the smallest unit of governance in the Philippines is called the “barangay”
it sprung from the Malayan term “balangay” which means sailboat. The Philippines is
an especially interesting region to test these population processes because its colonization
required an expansion through large stretches of sea (bottlenecks), which could be done
using boats or rafts as proposed for other regions of the world (Arenas et al, 2020).

The sailboat is the primary means of transportation used in reaching nearby and
faraway shores of the archipelago and has become their refuge during typhoons, heavy
downpours, and other natural calamities. The barangay is composed of more or less 100
families. Politically, each barangay is managed by a different chieftain called the “datu”
while the “raja” used to rule bigger political units. The datu is vested with the duty and
power to rule and govern his subjects and promote their welfare. The subjects are the

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inhabitants of the barangay. They are regarded as subjects since the political form is not
democratic but monarchical. This means that the power to govern or rule rests within the
hands of a single individual. Unlike in a democracy, people have the power to choose
and/or elect their own representatives to the government. A chieftain was so powerful
that he is capacitated to exercise all functions of the government. He is the executive, as
he could execute the laws of the community; a legislator, since he could formulate policies
for the barangay; and a judge, as he could order punishment should there be
transgressions committed by the member of the community; more importantly, he is the
chief commander leading his army in times of war. He derives his power to rule not by
popular will or popular sovereignty but by birthright or inheritance.

Accordingly, to qualify for the position, the aspiring datu must possess certain
qualities, he must be the smartest, bravest, and the richest man in the tribe. Assisting the
datu is an assembly of people who are old by reason of age or experience, or people with
profound wisdom seating as Council of Elders. They are tasked to preserve the customs
and traditions of the tribe and sometimes would assist the datu in the formulation of
policies.

Absence of Private Ownership: Res Nullius and Res Communis

Lands during the pre-colonial society were never private. But today, real
properties could be appropriated by the state to persons and corporations subject to
qualifications provided for by our laws and statutes. There were old concepts under
Roman laws that governed real property rights during the ancient Philippines. These are
the res nullius and res communis. Again, there is said to be no private ownership of lands
by a single individual before. It means that neither classes could own real properties
(land) in private either for self-benefit. Instead, the ownership must be for the general use
and consumption of the entire tribe. The lands and resources therein belong to no one.
The community can freely access these lands anytime, subject to the condition that they
must exert due effort in nurturing the resources. This proceeds from the principle taken
from the old Roman law, res nullius, or in ordinary parlance, “nobody’s thing". This
principle states that anything could be owned and enslaved, but is not subject to the
absolute rights of any of the specific subject.

However, while private ownership is not allowed, private possession is permitted.

However, possession of the land must not be permanent. It follows that it cannot be
passed through succession or be the subject of inheritance. Even the chieftain could not
own these lands privately. He is only vested with the power to administer these lands in
the name of the barangay. Every member of the community participates in the general
ownership and utilization of the resources. The primeval collectivism was practiced
under the principle of common sharing of resources so that no barangay member,
regardless of their social rank or status, will be left behind. Additionally, marine

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resources and fishing grounds were also free for all, under the belief that things,
especially nature, are the common heritage of all mankind. This belief is taken from the
old Roman law, res communis, or in ordinary parlance, "common property". As a
principle, it states that properties are not open to private possession. Coastal communities
depended largely on this sharing arrangement in their pursuit of economic development.
Notwithstanding this, recognized leaders of the community, such as the chieftains and
elders, enjoyed economic privileges and advantages in the management and utilization
of these resources considering their position and social importance. Nonetheless, their
rights, related to either lands or seas, were subject to their responsibility to preserve and
protect the communities from impending perils and provide them with the leadership
for the barangay and the people to survive.

According to Wily et al (2016), community lands are all lands that fall under the
customary governance of the community whether or not this is recognized in national
law. Wily (2011) explained that, rural communal lands are lands which rural
communities possess and use collectively in accordance with community-derived norms
and are areas maintained as the communal property of all community members. This
concept is res communis.

According to Hardin, commons are available for many to use, however, it grants
only privileges for the users and imposes neither right nor duty. Moreover, in light of
economic assumption, they have no proprietary rights (Hardin, 1968).

Introduction of Islam to the Archipelago of Mindanao

During the 13th Century, the Sultanate of Sulu was established and claimed
control over the territorial areas represented today by the Tawi-Tawi, Sulu, Palawan,
Basilan, and Zamboanga. Four ethnic groups are within this jurisdiction. Sama, Tausug,
Yakan, and Subanon. The Sultanate of Maguindanao spread out of Cotabato toward the
Marano Territory, now Lanao del Norte and Lanao del Sur. The Muslim societies evolved
in an Asiatic form of Feudalism where land was re still held in common, however, private
in use. According to historians, when Magellan and Legaspi discovered the Philippines,
productions were only for the exclusive use of the producers and the fulfilment of
kinship's obligations, rather than for exchange and profit.

Facts demonstrate that Islamic influences from Borneo and Sulu were beginning
to shed root in Luzon during the first half of the sixteenth century. Not long after, Islam
was being strengthened in Mindanao from Sulu as well as from the Moluccas (Majul,
1966).

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Arrival and Occupation of the Land by Spain

Western Europe is developing new civilizations through warfare and colonization

across the globe. Kingdoms and kingdoms wanted to surpass others by discovering new
territories, expanding and establishing colonies far from the west. During the 15th
Century, expanding territories of the Spanish Empire to the East Indies became
Spaniard's primary motive. Maritime pursuits kicked off to Asia. The expedition of
Magellan led to the discovery of the Philippine islands. The first local resistance against
foreign invasion was recorded and proved the expedition fleeting and short-termed. A
local chieftain of Mactan in the name of Lapu-Lapu resisted showed resistance from the
foreign occupation. Taking the pride from the support of the majority of his men, they
welcomed Magellan's fleet with bolos and spears. Lapu-Lapu and Magellan died in what
would be known, the Battle of Mactan. Though there was a fleeting occupation, Magellan
successfully annexed the islands in the name of King Philip II of Spain. Several
expeditions followed suit, though some failed and perished at the vast oceans, one has
succeeded.

It was only after Miguel Lopez de Legazpi’s voyage that the independence of the
once-thriving natives, who enjoy cultural richness and distinctiveness, has come to an
end
Spaniards put up permanent settlements on the island of Cebu in 1565. They
created towns, buildings, and ports, demarcate inland waters to create trade routes
necessary for the movement of goods and resources coming in and out of the country.
While urbanization is underway, they discovered that the Filipinos lived in barangay
settlements that scattered along water routes and river banks. They perceived it as too far
from the protectorates and too difficult to dominate. To ensure effective management and
control of the natives, they subjected them under their dominion and demanded that they
entrust their allegiance in the name of the King of Spain. Feeling inferior with Spain’s
oozing sophistication, some obeyed, while there are who showed blatant resistance.
Later, more and more people began accepting, some went downhill and built and
maintained houses in town areas. Smaller political units were created and have been put
under the ward of Spanish missionaries. Spain continued to conquer bigger political
units, one is the Kingdom of Manila, a puppet-state of the Sultanate of Brunei. The
conquest drew resistance from the natives under the headship of Dagohoy in the Battle
of Bangkusay. However, the spears and machetes were no match to the sophisticated
artilleries of the Spanish armies. They were defeated and the kingdom was named
Manila. The conquest of Manila was followed by the conquest of the far north and several
other major political units in the entire Philippines.

The small number of families turned into communities, a smallest unit is called the
barangay led by the cabeza de barangay, a larger political unit called the Pueblos headed
by the gobernadorcillo and provincial government under the alacadia mayor. Churches
and convents popped up from the landscapes of the island, creating ecclesiastical

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positions and functions such as the Suffragan Diocese headed by bishops. Other Muslims
started to covert. The Spaniards ordered all newly converted Christians to build houses
near the churches, together with the unbaptized Filipinos. Soon after, the practice of
religion became a rigid campaign. Filipinos became religious parishioners. The majority
of the teachings of the church became real-world views and principles. With constant
observance, the old ways slowly diminished. A new set of belief systems, traditions, and
customs emerged and began to shape the lives of some natives.

According to historians, these ways are Spain’s strategy to advance a bloodless

conquest. Spaniards enforced the Reduccion as a strategy to assimilate people into the
new political system. Reduccion is an assertion of royal or ecclesiastical supremacy to
facilitate colonization. With this, the Spaniard tamed the reluctant Filipinos and trusted
the new government installed by way of Christian indoctrination. Priests would conduct
masses in convent/casa or real/plaza complex. This civilizing device made Filipinos
abiding citizens to the Spanish crown. Long years passed by, the majority of the natives
adopted the Hispanic culture. This has introduced a new breed of civilization,
“Christianized Malayan civilization”. By far, this has become the easiest and nonviolent
conquest ever recorded in military history.

Filipinos and the Hispanic Rule

Manila became the central government of the Philippines fully administered by

the Governor General exercising powers and roles such as Governor, legislative;
President of the Audiencia, legislative; Captain General, head of the military; and Vice
Patron, ecclesiastical powers and official of the church. The Archbishop of Manila was
appointed which performed military, governmental and ecclesiastical powers.

The Filipinos’ ancestral rights in land and the introduction of the concept of public
domain into the system gradually abrogated the right of the indigenous communities to
till and stay on their landholdings. Unfortunately, the superimposition of the concept that
the Spanish King was the owner of everything of value in the Indies or colonies stripped
off from the natives the lands that their ancestors have entrusted unto them. The concept
of res nullius and res communis were never observed and a new rule was implemented as
regards to the administration of lands and resources within the archipelago. Being
stripped off of land they and their ancestors once tilled was the first outcry of the natives.
They were made slaves in their own nation, have been subjected to forced labour called,
“polo”, and taxed heavily through the “tributos” or tribute, a compulsory financial charge
levied from persons or properties. Priests started to draw their lifeblood from the
parishioners too that led to feudalism a concept dominating in Europe at that time.

The rule of the friars, “frailocracy” became very apparent and have become the
subject of abuse. With the creation of pueblos, dominantly held under the control of the

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friars, lands of the old barangay abandoned by the natives, and such other lands were
now declared to be crown lands or realengas exclusively belonging to the King of Spain.
The realengas presupposes lands as the fruit of the successful conquest. It was from the
concept of realengas that land grants were made available to those who were non-natives.

Native’s Property Rights under Spain

“The most significant Spanish innovation concerning property rights was the
introduction of the concept of legal title to land, that is private ownership” (Riedinger,
1995).

Vargas (2003) citing Riedinger (1995) explained that, some authors report that
there are indications that the indigenous land-tenure arrangements in pre-Hispanic
Philippine society were characterized by communal ownership of land. Individual
families had usufruct rights to a parcel of land. In return families were required to
perform various public services, often consisting of assisting the datu in the tending of
his fields and home (Riedinger, 1995).

Vargas (2003) added that, lands were divided and granted to encourage Spanish
settlers or reward soldiers who served the Crown during the Spanish colonial period.
These were called encomiendas. The encomiendas were granted in exchange for
defending the land from external attack, maintain peace and order within, and support
the tasks of the missionaries. The encomenderos acquired the right to collect tribute from
the natives. The tributes soon became land rents, and the people living within the
boundaries of the encomiendas became tenants. The encomenderos became the first
haciendados in the country. Religious orders, mainly, the Dominican and the
Augustinian became owners of vast tracts of friar land leased to natives and mestizos.

Social Stratification

Just like the Caste System in India, social stratification introduced by the Spaniards
became a primary stimulus of several social disparities that made the lives of those
belonging to the lower class difficult, if not prejudiced. The Spanish colonialists, together
with the civil and religious authorities categorized the Filipinos based on their respective
religious practices and beliefs. They apportioned them into three types, first the Indios,
Christianized Filipinos, who generally originated from the low-land population. Second,
Moros or the Muslim communities, and the third type, the Infieles, the indigenous
communities. The Indio was a product of the advent of the Spanish order. This class was
the most favored and allowed to carry a status although considered inferior compared to
the higher Spaniards. Whereas, the Moros and Infieles were considered the lowest
amongst these classes.

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The Moros and Infieles resisted the imperialistic Spanish rule and Christianity. To
evade captivity, the Moros drove to the solid part of Mindanao, while the Infieles or the
indigenous groups sought refuge in the far off hinterlands. The Spaniards did not pursue
them into the deep interior for upland societies were naturally outside the immediate
interest of the Spanish authorities, not to mention that the cliffs and forests of the
hinterlands were a bit difficult to access. These reasons have allowed the indigenous
communities, relatively, to cultivate a culture of their own. They completely disregarded
the Christian ways. Despite the groups' isolation from the mainstream community, their
own political, economic, social, and cultural systems were kept alive and vibrant. The
hardships of the Filipinos were not a secret to the international communities. News about
abuse and human rights violations of the Spaniards reached the knowledge of the people
abroad.

Barrows testified on the incidence of social mobility in the native population in the
early 1900s. He claimed that the “gente baja” (those of the lower stratum) were “not
without ambition” and that Filipino parents make every effort towards “social
betterment”. By admitting that social mobility was a fact of the Philippine social system,
Barrows implied that an intermediate stratum did exist between the very rich and the
very poor population in spite of his erroneous impression of a two-tiered Filipino class
structure at the time (Barrows, 2011).

Meanwhile, the cryptic explosion of the battleship U.S.S. Maine in Havana Harbor
caused the deaths of hundreds of sailors on board the said ship. The bombings of the
Havana Harbor was, allegedly, caused by Spaniards. The Americans declared war
against Spain on April 21, 1898, and the battle lasted for months. In the end, Spain lost
the battle. On December 10, 1898, a treaty was agreed upon by Spain and America. Spain
and America have agreed to put an end to the Spanish-American War. Spain consented
to cease its control over the Philippines and give it to America. This pact would later
become the Treaty of Paris.

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KEY TAKEAWAYS

 Characteristics of the early people

1. Monotheistic – a believer in the existence of only one god that created the world, is
omnipotent, omnipresent and omniscient, and intervenes in the world
2. Paganistic - worships many gods or who worships nature and the Earth.
3. Nomadic - hunter-gatherer tribes follow the animals they hunt. They move from places to
places to hunt animals for food.
i. Nomad – a member of a community without fixed habitation which regularly
moves to and from the same areas. Such groups include hunter-gatherers, pastoral
nomads, and tinkers or trader nomads.

 Concepts of land and resource ownership: Pre-Hispanic Philippines

1. Res nullius – it is an old Roman law which means not yet the object of rights of any specific
subject. Such items are considered ownerless property and are free to be acquired by means
of occupation.
2. Res Communis – it is an old Roman law which means things owned by no one and
subject to use by all and things are incapable of exclusive appropriation. It is akin to the
concept, common heritage of mankind which is an important concept in international
law.

 Concepts of land and resource ownership: Spanish Colonial Philippines

1. Realengas – lands and resources became crown lands, hence, exclusive to the King
2. Regalian Doctrine – lands and resources therein shall belong to the King
3. Encomienda System – land grants to those who loyally serve the Spanish authorities
4. Tributos – compulsory pecuniary burden which paved way to land rentals
(money/product)

 Stimuli of Spanish Conquest of the Philippines

1. Political:
The rivalry between Spain and Portugal also motivated the inclusion of these not
so profitable islands. The Portuguese had very important holdings in the southeast area
of Asia and would not let themselves be fallen behind.
2. Economic:
Mercantilism drew popularity amongst many countries in Europe one of those is
Spain, an economic policy that is designed to maximize the exports and minimize the
imports for an economy. It promotes imperialism, tariffs and subsidies on traded goods
to achieve that goal. These policies aim to reduce a possible current account deficit or
reach a current account surplus.
3. Religion:
Spain wants to increase the membership of the Catholic Church by means of
expansionism outside Europe because she wants the free the natives there from the false
gods and teach them to worship the True God and be part of the True God’s Church
which is the Catholic Church. Spain is one of the defenders of the Catholic Church
against Protestant Reformation.

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American Occupation

Right after the cessation by Spain of its control of the Philippines to America under
the Treaty of Paris, the American Military Government also pursued assimilation or
integration policies. These policies draw inspiration from the initiatives the American
Government has adopted to bring into the mainstream the American Indians which was
really successful. In 1903, the American government passed Act 253, creating the Bureau of
Non-Christian Tribes (BNCT). Under the Department of the Interior, the BNCT’s primary
task was to conduct ethnological research amongst unhispanized Filipinos to include those
in Muslim Mindanao with a “special vie of determining the most practicable means for
bringing about their advancement in civilization and prosperity.” The goal is basically
towards the assimilation of the natives into the mainstream way of life.

Came the adoption of the 1935 Constitution. This constitution did not carry any policy
on the non-Christian Filipinos. A provision that allowed the American citizens to establish
claims and own lands in the Philippines, exclusively and privately, was even stipulated on
the law of the land. The raging issue then was the conservation of the national patrimony for
the Filipinos. Allowing Americans to own these lands in the Philippines would result in
several landless Filipinos deprived of these lands in their own country. In 1957, the RA 1888
was promulgated by the Philippine Congress. An act implementing more rapidly and
completely the economic, social, moral, and political advancement of the non-Christian
Filipinos or national cultural minorities and render real, complete, and permanent the
integration of all said national cultural minorities into the body politic, creating the
Commission on National Integration (CNI). The CNI became a governmental arm charged
with the realization of the complete assimilation of the native minorities. Just like how
Americans obliterated the Indian ethnicity, the Commonwealth resorted to these policy
reforms. This office was given, more or less, the same task with the BNCT during the
American occupation. The post-interdependence policy interventions on integration were
like the colonial policy of assimilation understood in the context of a guardian-ward
relationship. This relationship is designed to protect and promote the well-being of the ward,
preserve the ward’s property, and render all sorts of assistance that the ward may personally
ask from the guardian.

Unfortunately, the integration initiatives enforced by the government, similar to the

assimilation initiative introduced by the Spaniards, met fierce resistance coming from the
natives.

Public Land Act & the Torrens System: Rise of Titled Lands

The purpose of this offspring of the Torrens system in the Philippine Islands is, like
the Torrens system itself, for the purpose of affording incontestability of title (Patton, 1952).

The influx of Christian settlers from the lowlands of Luzon and the Visayas flooded
the hinterlands and wide-open spaces in Mindanao. The lack of knowledge or proper

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orientation on matters of land acquisition versus the knowledgeable settlers in the

mainstream of the Public Land Act and the Torrens System resulted in the mass titling of
several ancestral lands under the mainstream settlers’ names. Friar lands became the
exclusive properties of the clergies, and encomienderos were able to retain their ownership
of these lands while all the rest of these lands were considered part of the absolute properties
of the State. This reform has made land retrieval on the part of the indigenous peoples more
difficult. This is because the Public Land Act upholds the Torrens System as an accepted
system in land acquisition, the nature of ownership became absolute and permanent
providing adequate rights to whose names the lands were registered.

Commonwealth Act 141 or the Public Land Act (CA 141) is a law that was passed
and adopted to govern the disposition of lands of the public domain, prescribes rules and
regulations of the homesteading, selling, and leasing the portions of the public domain. It
provides for the terms and conditions that would enable persons or their successors-in-
interest to continue to perfect their titles over public lands in the Philippines, halted or
stopped because of the transitions of government from Spain to America. More significantly,
the law provides for the issuance of patents to certain native settlers upon public lands for
the establishment of town sites and sale of lots therein, for the completion of imperfect titles,
and the cancellation or confirmation of Spanish concessions and grants in the islands. That is
the reason why encomienderos so as the friars were able to retain their ownership of the
lands they acquired during the Spanish occupation despite the government transition, as the
law provided for the confirmation of Spanish land grants to those grantees. Protection from
the law that was benefited by most landed families and/or hacienderos to secure their
ownership of their landed estates.

The Torrens System is an adjunct component of CA 141. It is a land registration and

land transfer system, in which the State creates and maintains a register of landholdings,
which serves as the conclusive evidence of title of the person recorded on the register as the
proprietor, and all of the other interests recorded on the register. Under the Torrens System,
lands registered are immune to claims contrary to the register according to the doctrine of
indefeasibility. The following are said to be the purpose of adopting this system on land
acquisition and ownership:
1. To quiet the title to land; and
2. To put a stop forever to any question of the legality of title, except claims which
were noted at the time of registration, in the certificate, or which may arise
subsequent thereto.

Indeed, in the Torrens system, the registration will either relieve the land absolutely
from all known as well as unknown claims, or it compels the claimants to come to court and
make there a record. So thereafter, there may be no uncertainty concerning either the
character or the extent of such claims. Once the title of the land is registered, the owner may
enjoy tenurial security or free from the possibility of not losing his land without the necessity
of waiting in the portals of the court. The only reason for the invalidation of the title is if the
adverse claimant has sufficient proof to prove that there was fraud or bad faith committed
in the acquisition of the land or title to the lands.

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What appears on these experiences is that equal rights on land ownership become
even more difficult to champion. The lands occupied by the indigenous communities are
presumed to be public lands that are subject to the absolute control, ownership, management
by the State unless there is a title to prove that they are private properties. Because they are
public lands, they could be utilized and expropriated by the government in the pursuit of
national development. Hence, the roaring engine sounds coming from mega equipment and
mining tools now occupy the once peaceful mountains that these indigenous communities
have treasured and respected for centuries. The current government policies, projects, or
programs contradict the situation of the country's ICCs/IPs. The concept of the Regalian
Doctrine enforced during the Spanish occupation continues to linger on until the current
constitution.

The land reforms and policies pursued by Spain and America resulted in the series of
social unrest that we inherited until today. Problems on land distribution are still a challenge
that the government must resolve. Today, the Philippine government has embarked on a
land reform revolution and enforced the Comprehensive Agrarian Reform Program (CARP).
The CARP is a government program expected to put an end to all land-related disputes and
unrest in the country.

Indigenous Peoples under the 1973 Constitution

A new Constitution of the Philippines replaced the 1935 Commonwealth Constitution

referred herein as the 1973 Constitution that took effect under the Marcos regime. The
Constitution states that the "state shall consider the customs, traditions, beliefs, and interest of
national cultural communities in the formation and implementation of State policies”. For the first
time in Philippine history, the non-Christian tribes are given space and recognition before
the fundamental law of the land. The 1973 Constitution gave them personality denominating
the non-Christian tribes as the cultural communities. Moreover, the 1973 Constitution further
advanced the promotion of the ICCs/IPCs' customs, traditions, beliefs, and interests
significantly during the formation and implementation of relative policies that the State will
purse. President Marcos abolished the CNI and vested the right of office to the Presidential
Adviser on National Minorities (PANAMIN). The PANAMIN is an office tasked with the
enforcement of the mandate set forth under the 1973 Constitution. As a government arm, the
office is mandated to integrate the ethnic groups that sought full integration into the
mainstream community and fortify the preservation of the original way of life of those who
chose not to join the mainstream, the tasks formerly enforced by the CNI.

In 1974, President Marcos promulgated the P.D. 410, otherwise known as the
Ancestral Lands Decree. The decree provided that land occupancy certificates shall be
awarded to the members of the national cultural communities who were given up to the year
1984 to register their claims on the land. The implementation of PD 410 led the creation of
the Commission on the Settlement of Land Problems in 1979 under E.O. 561. This provided
a mechanism for the speedy resolution of land problems involving small settlers,
landowners, and tribal Filipinos. From 1974 to the early 1980s, the Chico River Dam Project

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of the National Power Corporation (NPC) displaced approximately 100,000 Kalingas and
Bontocs of the Cordillera regions. The project did not ensue, a credit attributable to the
heroism of a Kalinga tribe leader, Makli-ing Dulag, and his people. Other economic activities
impacted the lives of most ICCs/IPs. The Manobos and Bukidnons saw their land bulldozed
by the Bukidnon Sugar Industries Company (BUSCO). Big companies were granted
concession permits where some of these lands were logged and converted into plantations
such as the NDC-Guthrie Plantation in Agusan del Sur. These took away vast tracts of lands
possessed and occupied by Agusan natives.

Seemingly, the programs of the national government such as timber concessions,

water projects, plantations, mining, cattle ranching, and other development projects reached
the interior and even the hinterlands. In this case, despite being aimed to pursue general
welfare or public good, the developments posed negative impacts on the lives of the
indigenous communities.

Indigenous Peoples under the 1987 Constitution

EDSA I ensued and put an end to the Marcos regime. Then Corazon Aquino
succeeded and offered new principles of governance for the people. New policies were
created and adopted. But some of these policies were already in effect during the Marcos
governance. It appears that despite the conceit of more democratic and liberalizing
governance that this administration had promised the Filipinos.

Nevertheless, in all fairness, there are policies adopted to promote the welfare of the
natives, amongst are the preservation rather than integration of the country’s indigenous
peoples into the mainstream communities. Imploring her power from the Freedom
Constitution, Aquino instituted the Office of the Muslim Affairs, Office of the Northern
Cultural Communities, and Office the Southern Cultural Communities all made under the
control of the Office of the President. The 1987 Constitution incorporated six (6) provisions
that ensured the right of the Filipino natives to pursue preservation and conservation efforts
to preserve their way of life. These policies adopted have further recognized the right of the
native on their ancestral lands and domains which allowed them to register their ancestral
lands and domains under absolute ownership through the Certificate of Ancestral Doman
and Land Titles (CADT/CALT)

Presumably, the programs become the basis for the State to finally conclude that it had
effectively upheld the right of the indigenous communities to thrive within a culture
distinctly of their own. But then again, the efforts and the government pursuit of national
development still endanger the existence of the country’s indigenous communities,
specifically, in the face of their economic, social, cultural, and political determination.

Indeed, in a land where preservation and conservation of identity is a paramount

consideration, change and development would forever linger a challenge.

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KEY TAKEAWAYS

 American Policies that impacted the IPs/ICCs

o Assimilation and/or integration – oftentimes referred to as cultural assimilation, is a process in
which a minority group or culture comes to resemble a dominant group or assume the values,
behaviors, and beliefs of another group.
o Commonwealth Act 141 – a law referring to an administrative legalization or grant of free
patent.
o Torrens System - a land registration and land transfer system, in which a state creates and
maintains a register of land holdings, which serves as the conclusive evidence of title of the
person recorded on the register as the proprietor, and of all other interests recorded on the
register.
o Doctrine of Indefeasibility of title – a doctrine which states that, “a title, once registered, cannot
be defeated even by adverse, open and notorious possession. The certificate of title issued is an
absolute and indefeasible evidence of ownership of the property in favour of the person whose
name appears therein.

 Marcos’ Policies that impacted the IPs/ICCs

1. A provision in the constitution giving legal and social acknowledgement of the IPs/ICCs
2. Ancestral Lands Decree - the decree provided that land occupancy certificates be given to the
members of the national cultural communities who were given up to the year 1984 to register
their claims on land.
3. National developments - It includes full-growth and expansion of our industries, agriculture,
and education, social, religious and cultural institutions. Moreover, national development
implies development of a nation as a whole.
4. Concession – concession contract or agreement is a grant of rights, land or property by a
government, local authority, corporation, individual or other legal entity. Public services such
as water supply may be operated as a concession. (Example: Maynilad, MERALCO, etc.)

 Aquino’s Policies that impacted the IPs/ICCs

1. CARP – a law that provided for the re-acquisition and re-distribution of land to landless
farmers and aid the agrarian reform beneficiaries by providing them necessary support services
to make their lands more productive, and enable them to venture in income generating
livelihood projects.
2. DAR – a government arm tasked with the implementation and enforcement of CARP policies
and resolution of landowner-tenant disputes.
3. CADT/CALT – Certificate of land and domain titles that secure the rights of the indigenous
peoples and quiet their title on their lands and ancestral domains.
4. National developments - It includes full-growth and expansion of our industries, agriculture,
and education, social, religious and cultural institutions. Moreover, national development
implies development of a nation as a whole. National development may also pertain to the
extraction and utilization of natural resources and properties of the state deemed necessary for
the promotion of the greater good.

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BREAKDOWN VIEWS

Answer the following questions by reflecting on important bits and pieces of information
and/or details learned from your readings.

1. Which government do you think did more good than damage to ICCs/IPs?
Why?
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

2. The assimilation program of the American government was proven effective

in the case of the native Americans, what do you think had made the program
so much impossible to implement on the country?
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

3. What do you think could have been the appropriate policy for the ICCs/IPs?
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

4. Which from the mentioned programs implemented by the different

governments brought benefits rather than losses to IPs/ICCs? Why?
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

5. Are the country’s ICCs/IPs better off by staying primitive than civilized?
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________

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BRANCH-IT-OUT

Broaden your thoughts about the picture/concept and establish connections

Between them to make the main concept relevant and meaningful.
A.

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1 Philippine Indigenous Communities

B.

CIVILIZATION IMPACT TO IPs/ICCS

(Asia & West)
Social (Politics, Economy) Cultural

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MAKE A REAL DEAL

Help the ICCs/IPs understand concepts. The way you have understood
the contexts, state the gains and pitfalls of the following principles/policies.

A.

PROS CONS
CONCEPT

Assimilation

Regalian Doctrine

Res nullius

Torrens System

ICCs/IPs Isolation

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B.
GAINS PITFALLS
POLICIES

Spaniard’s
Reduccion and
Regalian Doctrine

American’s
Native’s
Assimilation
through the
Commission on
National
Integration (CNI)

Marcos’ Ancestral
Lands Decree

Aquino’s
Ancestral Land
and Ancestral
Domain

Ramos’
Indigenous
People’s Rights
Act of 1997

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Quiz # 1 Score: _____________

Name: __________________________________ Date: ______________

Part I. Identification. Based on the cues presented, identify the principles or concepts
applicable to each item. Spell the words correctly. WRONG spelling is WRONG.

____________ 1. Lands and resources belong exclusively to the Spanish King.

____________ 2. Ownerless property but could be possessed by any person.
____________ 3. A thing of the entire community.
____________ 4. Term used to refer to Christianized Filipinos.
____________ 5. Term used by Spaniard to refer Muslim peoples.
____________ 6. Spaniards’ means to assimilate natives into the mainstream.
____________ 7. A law which allowed Americans to own lands in the Philippines
____________ 8. A governmental arm tasked with the assimilation of natives
during American occupation

____________ 9. Term used by Spaniard to refer indigenous communities

____________ 10. A law which first recognized the indigenous peoples referring
them as cultural communities.
____________ 11. True or False. Spaniards succeed in assimilating IPs

____________ 12. True or False. IPs isolated themselves

____________ 13. True or False. IPs embraced Christianity

____________ 14. True or False. Malayan culture shaped the culture of IPs

____________ 15. True or False. Some IPs still live a nomadic life

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1 Philippine Indigenous Communities

Part II. Enumeration/Discussion. Provide what is being required under each item.
Please spell the words correctly.

1. Briefly explain the relevance of studying the history of indigenous peoples. (5pts.)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

2. Explain how Asiatic and Western cultures impact the IPs/ICCs lifeway. (5pts.)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

3. Explain whether IPs assimilation to the mainstream will do good or harm them.
(5pts.)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

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4. Recommend at least five (5) ways which would help eliminate social and/or
cultural divides in the country. Explain how these ways are possible. (10pts.)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________

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1.3 References

Arenas, M., Gorostiza, A., Baquero, J.M. et al. The Early Peopling of the Philippines based on
mtDNA. Sci Rep 10, 4901 (2020). https://doi.org/10.1038/s41598-020-61793-7

Barrows, D. (2011). Project Gutenberg's A History of the Philippines. Produced by Jeroen

Hellingman and the Online Distributed [EBook #38269]. Accessed from:
https://www.gutenberg.org/files/38269/38269-h/38269-h.htm

De Leon, H. (2011). Textbook on the Philippine Constitution. Rex Bookstore. ISBN 9712334481,
9789712334481

Majul, C. A. (1966). The role of Islam in the history of the Filipino people. Convislam. Retrieved
from: https://www.asj.upd.edu.ph/mediabox/archive/ASJ-04-02-1966/majul-islam-
history-filipino-people.pdf

Vargas, A. (2003). The Philippines Country Brief: Property Rights and Land Markets. Accessed
July 23, 2020, from https://nelson.wisc.edu/ltc/docs/philippinesbrief.pdf

Liz. A. Wily and others (2016), „What National Laws say about Indigenous & Community Land Rights‟
Methodology document from Land Mark: The Global Platform of Indigenous and Community Lands
Available at: www.landmarkmap.org. retrieved on March 16 /2017.

Liz Alden Wily (2011), The Tragedy of Public Lands: The Fate of the Commons under Global Commercial
Pressure (the International Land Coalition).

Patton, R.G., (1952). "Extension of the Torrens System into Hawaii, the Philippine Islands and
Latin-American Jurisdictions". Minnesota Law Review. 2108.
https://scholarship.law.umn.edu/mlr/2108

From 123RF (Clipart). Paddy Plantation Stock Vectors, Clipart and Illustrations by Vector
Illustrations accessed from: https://www.123rf.com/clipart-
vector/paddy_plantation.html?alttext=1&start=100&sti=mtru4hciv28ly9tvsf|

From PNGKey (Clipart). Uncle Sam-Uncle Sam Cartoon. Accessed from:

https://www.pngkey.com/maxpic/u2a9o0o0q8w7o0t4/

From Harpweek.com. (Cartoon). "Robinson Crusoe Making a Man of his Friday". By Thomas
Nast. February 12, 1870.
https://www.harpweek.com/09Cartoon/BrowseByDateCartoon.asp?Month=Februar
y&Date=12

1.4 Acknowledgment

The images, tables, figures and information contained in this module were
taken from the references cited above.

C. M. D. Hamo-ay