LAND TITLES AND DEEDS | COMPILED BY REGINALD MATT SANTIAGO 35

It shall include ancestral lands, forests, pasture, residential,

agricultural, and other lands individually owned whether
alienable and disposable or otherwise, hunting grounds, burial
Indigenous Peoples’ Rights Act (RA 8371)
grounds, worship areas, bodies of water, mineral and other
It was enacted in October 29, 1997. The law allows indigenous
resources, and lands which may no longer be exclusively
peoples to obtain recognition of their right of ownership over
occupied by ICCs/IPs but from which they traditionally ad
ancestral lands and ancestral domains by virtue of native title.
access to for their subsistence and traditional activities, the
home ranges of ICCs/IPs who are still nomadic or shifting
CRUZ v. SECRETARY (2000)
cultivators.
Petitioners here assail the constitutionality of IPRA and its IRR
on the ground that they amount to an unlawful deprivation of
ANCESTRAL LANDS
the State’s ownership over lands of the public domain as well
Refers to the lands occupied, possessed, utilized by individuals,
as minerals and other natural resources therein, in violation of
families and clans who are members of the ICCs/IPS since time
the Regalian doctrine. The following were also question:
immemorial, by themselves or through their predecessors in
• All-encompassing definition of ancestral lands
interest, under claims of individual or traditional group
and domains which might even include private
ownership, continuously, to the present except when it is
lands found within said area.
interrupted by war, force majeure, or displacement by force,
• Powers of NCIP and making customary law
deceit, stealth, or as a consequence of government projects and
applicable to settlement of dispute violating the
other voluntary dealings entered into by government and
due process clause.
private individuals/corporations including but no limited to
residential lots, rice terraces or paddies, private forests, swidden
Justice Puno opined that the law was to address the centuries
farms and tree lots.
old neglect of the IPs and granted ownership on the basis of
native title. Domains and lands held under native title are
Native Title – refers to the pre-conquest rights to lands and
therefore, indisputably presumed to have never been public
domains are presumed to have been held since before the
lands and are private.
Spanish Conquest.
• Ancestral lands and ancestral domains are not
parts of the public domain.
Time Immemorial – it refers to a period of time when as far
• Petition was dismissed, RA 8371 is constitutional.
back as memory can go, certain ICCS/IPs are known to have
occupied possessed in the concept of owner, and utilized a
CARINO v. INSULAR GOVERNMENT
defined territory devolved to them, by operation of customary
Here the US Supreme Court reversed the decision of the PH SC
law or inherited from their ancestors, in accordance with their
for Mateo herein cannot be deprived of his land simply because
customs and traditions.
he failed to comply with the formalities required by the Spanish
Law. His title, which he acquired from his ancestors, predates
Indigenous Concept of Ownership
by more than 50 years, the establishment of the American
Ancestral lands or domains include such concepts of territories
government in the PH. The Igorots were hardly ruled by the
over which cover not only the physical environment but the
Spanish government, thus they were to be unlikely given grants
total environment including the spiritual and cultural bonds
of titles.
to the areas which the ICCs/IPs occupy and use and to which
they have claims of ownership.
Indigenous Cultural Communities/Indigenous Peoples
They refer to a group of people or homogenous societies
They are not deemed part of the lands of the public domain but
identified by self-ascription and ascription by others, who
are private lands belonging to ICCs or IPs, who have actually
continuously lived as organized community on communally
occupied, possessed, and utilized their territories under a claim
bounded and defined territory, and who have, under claims of
of ownership since time immemorial.
ownership since time immemorial, occupied, possessed and
utilized such territories, sharing common bonds of language,
Group or Communal Ownership
customs, traditions and other distinctive cultural traits, or who
The ancestral domain is owned in common by the ICCs/IPs and
have, through resistance to political, social and cultural inroads
not by one particular person. Communal rights are held in trust
of colonization, non-indigenous religions and cultures, became
for all generations of the ICCs/IPs, past, present and the future.
historically differentiated from the majority of the Filipinos.
The property held in common is meant to benefit the whole
indigenous community and not merely the individual member.
ANCESTRAL DOMAINS
It refers to all areas generally belonging to ICCs/IPs comprising
NOTE: Ownership over natural resources however still belong
lands, inland waters, coastal areas, and natural resources
to the state, the ICCs/IPs are merely granted the right to
therein, held under a claim of ownership occupied or
manage and conserve them for future generations benefit and
possessed by ICCs/IPs by themselves or through their
share the profits from their allocation and utilization and
ancestors since time immemorial, continuously to the present
negotiate forms for conditions of exploration.
except when interrupted.

From the Discussions of Atty. Maria Theresa Yu-Panes, M.D. and from Property Registration Decree
and Related Laws (Land Titles and Deeds) by Justice Oswald Agcaoili (2015) and Presentations of II-Manresa 2018-2019
 LAND TITLES AND DEEDS | COMPILED BY REGINALD MATT SANTIAGO 36

They have priority rights as to the exploitation, in relation to (2) Issued CADT is in the name of the community
any natural resources in the ancestral domains. A non-member concerned and list of the names identified in the
of the ICCs/IPs concerned may be allowed to take part in the census;
development and utilization of the natural resources for a (3) NCIP shall register the CADTS before the RODs.
period not exceeding 25 years, renewable for not more than 25
years, but there must be formal and written agreement entered Identification, Delineation and Certification of
with the ICCs/IPs concerned. Ancestral Lands
• ICCs/IPs do not lose possession over area
covered by a Timber Licensing Agreement. a. Allocation of lands in AD shall be left to the ICCs/IPs
concerned in accordance with customs and traditions;
Delineation and Recognition of Ancestral Domain
b. If not within AD they may file application in the ADO by an
Self-Delineation (Section 51) individual or recognized head of the family or clan in behalf of
The ICCs/IPs shall have a decisive role in all activities pertinent family or clan;
thereto. The government shall take steps necessary to identify
lands of the ICCs/IPs concerned traditionally occupy and c. Proof of claims shall accompany the application form like
protect rights as to ownership and possession thereto. testimony, documents showing possession or occupation in the
areas since time immemorial, tax declarations.
Delineation Process (Section 52)
• Petition for Delineation; d. The ADO may require from each ancestral claimant
• Filed with NCIP; submission of other documents, when it deems so.
• ADO investigate and prepare documents
• Approved and validated plan shall constitute the Registration of CADTs and CALTs
basic documents for the delineation process Unlike normal proceedings, the recording of the CADTs and
CALTs in the ROD does not result in the issuance of a Torrens
Proofs of Ancestral Domain Claims title. The purpose is just to simply apprise public of the fact of
• Testimony of elders under oaths the recognition by the NCIP of the specific claims to portion of
• Other documents directly or indirectly attesting ancestral domains or ancestral lands.
to the possession or occupation of the area since
time immemorial by such ICCs/IPs in the concept Modes of Acquisition
of the owners which shall be: (1) Native Title over both ancestral lands and domains
o Written accounts; (2) Torrens title with respect to ancestral lands only
o Pictures
o Historical Accounts For purposes of registration, IPRA expressly converts ancestral
o Survey plans, sketch maps land to public agricultural lands which may be disposed by the
State, hence no need to secure separate certification land is A
Notice and Publication & D, sufficient when land is identified, delineated and certified.
• Posted in a prominent place
• Posted at the local, provincial and regional NCIP REGULAR PROCEEDINGS ANCESTRAL LAND
offices Must prove possession of Must be a member of ICC or
• Published in a newspaper of general circulation agricultural lands since June IP
for two consecutive weeks 12, 1945
o If no newspaper, radio. Certification that the land is Must have been in
o Absent radio, mere posting is valid. A and D possession of an
individually owned
Endorsement to NCIP ancestral land for not less
• ADO, within 15 days after the publication and than 30 years preceding RA
investigation 8371 approval on October
(a) If sufficient proof; 29, 1997
a. Endorse to NCIP By operation of law, the land
(b) If insufficient proof; is classified as A & D, even if
a. Require submission add evidence it has slope of 18%.
(c) If claim is false of fraudulent;
a. Reject with due notice, appealable
Effect of Registration
It has the same efficacy, validity and indefeasibility as any title
Issuance and Registration of Certificate of
issued through regular proceedings. It is generally conclusive
Ancestral Domain Title
evidence of ownership and cannot be subject to collateral
(1) Ancestral domains have been official delineated and
attack. It is subject to rule on imprescriptibility.
determined;

From the Discussions of Atty. Maria Theresa Yu-Panes, M.D. and from Property Registration Decree
and Related Laws (Land Titles and Deeds) by Justice Oswald Agcaoili (2015) and Presentations of II-Manresa 2018-2019
 LAND TITLES AND DEEDS | COMPILED BY REGINALD MATT SANTIAGO 37

Transfer of Land or Property Rights The tenant farmer shall be deemed owner of a portion
These land may be transferred subject to limitations: constituting a family-size farm of
a. Only to the members of same ICCs/IPs • 5 hectares if not irrigated;
b. In accord with customary laws and traditions; • 3 hectares if irrigated.
c. Subject to the right of redemption for a period of 15
years if the land was transferred to a non-members of In all cases, the landowner may retain an area of not more than
the ICCs/IPs. 7 hectares if such landowner was cultivating or will cultivate
the area.
Role of NCIP
• Formulate policies, issuance of rules and of However, no title shall be issued to the tenant-farmer unless
regulations; Resolution of conflicts and until the tenant farmer has become a full-fledged members
• Issuance and cancellation of CADT and CALT of a duly recognized farmer’s cooperative.
• Issuance of certification as a precondition for the
grants of permit Title to land shall not be transferable except by hereditary
• Power to cite contempt or restraining orders succession or to the government in accordance with law.

Ancestral Domain Office (ADO) PD 27 Laid Down a System for the Purchase by Small
This is the officer responsible for the identification, delineation Farmers of the Land They are Tilling
and recognition of ancestral land/domains. It shall also be Note however that this was limited to tenant-farmers of those
responsible for the management of ancestral lands and agricultural lands devoted to rice and corn production and
domains, it shall issues FPIC of ICCs/IPs concerned. landowners exceeded the minimum retention area of seven
hectares are now compelled to sell, through intercession of the
government, their lands to qualified farmers at liberal terms
and conditions.

COMPERHENSIVE AGRARIAN REFORM LAW

REPUBLIC ACT No. 6657 (June 15, 1988)
Section 104. Provisional Register of Documents
It is founded on the right of the farmers and regular farm
DAR shall prepare special registry book for certificate of land
workers who are landless, to own directly or collectively the
transfer pursuant to PD 27 and all subsequent transaction s of
lands they till or in case of farm workers, to receive a just share
the CLTs such as adjustments, duplication, cancellations.
of the fruits thereof.

Section 105. Certificate of Land Transfer, Emancipation

Association of Small Landowners v. Secretary of DAR
Patent – By virtue of PD 27, DAR shall issue in duplicate CLT for
This case questioned the constitutionality of RA 6657, it has
every land brought under Operation Land Transfer, original for
been ruled here that the requirement for public use has already
the tenant farmer and duplication in the ROD.
been settled by the Constitution itself which calls for agrarian
• Upon compliance of tenant-farmer of PD 27,
reform which the reason why private agricultural lands are to
Emancipation Patent (EP) be issued.
be taken from their owners, subject to the prescribed maximum
• ROD entry – issuance of OCT
retention limits.

Comprehensive Agrarian Reform Program

The purposes specified in PD 27 and RA 6657 are only an
The land for the landless underscores the acute imbalance in
elaboration of the constitutional injunction that the State adopt
the distribution of land, its etymology
necessary measures to encourage and undertake just
• 1935 Constitution – mandate of social justice
distribution of all agricultural lands to enable farmers who are
• 1973 Constitution – diffuse property ownership
landless to own directly or collectively the lands they till.
and profits equitably; RA 3844
• PD 27 – compulsory acquisition of private land for
This is no ordinary expropriation where only specific property
distribution among tenant-farmers
of relatively limited area is sought to be taken by the state from
• 1987 Constitution – Social justice
its owner for a specific and perhaps local purpose. This here is
• EO 228 – full land ownership in favor of PD 27
a revolutionary kind of expropriation because it affects all
beneficiaries.
private agricultural lands whenever found and whatever kind as
• RA 6657, Comprehensive Agrarian Reform
long as they are in excess of the maximum retention limits
Law of 1988. It was signed on June 10, 1988;
allowed their owners.

PRESIDENTIAL DECREE 27
Lands Covered
TENANT EMANCIPATION DECREE (October 21, 1972)
All public and private agricultural lands including other lands of
This shall apply to tenant farmers of private agricultural lands
the public domain suitable for agriculture; provided that
primarily devoted to rice and corn under a system of sharecrop
landholdings of landowners with a total area of five hectares
or lease-tenancy, whether classified as landed estate or not.
and below shall not be covered for acquisition and distribution.

From the Discussions of Atty. Maria Theresa Yu-Panes, M.D. and from Property Registration Decree
and Related Laws (Land Titles and Deeds) by Justice Oswald Agcaoili (2015) and Presentations of II-Manresa 2018-2019