The Supreme Court clarified that the National Commission on Indigenous Peoples (NCIP) has limited jurisdiction. This jurisdiction extends only to disputes where all parties involved are members of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), ensuring customary laws are appropriately applied. This ruling protects the rights of both indigenous communities and non-indigenous parties by ensuring disputes are resolved in the correct legal forum.

Ancestral Claims and Outsider Rights: Who Decides?

This case, Engineer Ben Y. Lim, et al. v. Hon. Sulpicio G. Gamosa, et al., originated from a petition filed by the Tagbanua Indigenous Cultural Community against the petitioners for alleged violations of their rights to Free and Prior Informed Consent (FPIC) and unlawful intrusion. The NCIP initially took cognizance of the case, prompting the petitioners to question the NCIP’s jurisdiction, arguing that as non-IPs/ICCs, they should not be under its purview. The Court of Appeals affirmed the NCIP’s jurisdiction, leading to this appeal before the Supreme Court, which ultimately had to determine the precise scope of the NCIP’s authority.

At the heart of the matter is Section 66 of the Indigenous Peoples Rights Act (IPRA), which states:

Sec. 66. Jurisdiction of the NCIP. – The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP.

The Supreme Court emphasized that the NCIP’s jurisdiction is not as broad as initially interpreted by the Court of Appeals and the NCIP itself. The court stated that a qualifying proviso in Section 66 limits the NCIP’s reach. The High Court considered this proviso, and held that the NCIP’s jurisdiction only applies when disputes arise between parties belonging to the same ICC/IP, ensuring that customary laws are appropriately applied in resolving such disputes.

The Court clarified the different classes of jurisdiction, including primary, concurrent, and original and exclusive jurisdiction. Primary jurisdiction, also known as the doctrine of Prior Resort, applies when an administrative body has specific competence over a matter. Concurrent jurisdiction means that multiple bodies, including courts and administrative agencies, can hear the same case. Original and exclusive jurisdiction, on the other hand, grants a specific body the sole authority to hear a particular type of case.

To further clarify, the Supreme Court underscored the limitations on administrative bodies in expanding their jurisdiction through implementing rules and regulations. According to the court, the NCIP’s administrative circulars, which classified the jurisdiction of its Regional Hearing Office (RHO) as original and exclusive, overstepped the boundaries set by the IPRA. Thus, the court declared the administrative circular’s expanded jurisdiction as void, reaffirming that administrative issuances must remain consistent with the law they seek to implement.

Moreover, the Court noted that in the respondents’ petition before the NCIP, there was insufficient factual basis to establish their claim as legitimate representatives of the Tagbanua Indigenous Cultural Community. The Court emphasized that bare allegations without factual support do not suffice to invoke the NCIP’s jurisdiction. The court explained that respondents needed to factually demonstrate their authority to represent the community, especially given the potential for intra-IPs conflicts and contests for representation.

The Court highlighted the importance of alleging specific facts related to customs, political structures, and decision-making processes to establish their status as Tagbanuas. According to the court, such allegations are crucial because they provide the necessary context to invoke the special and limited jurisdiction of the NCIP. The respondents should have presented sufficient facts to show the historical basis and continuous occupation of the claimed ancestral domain.

The IPRA emphasizes the importance of customs and customary law in governing the lives of ICCs/IPs. The Court reasoned that since customary law cannot be applied to non-ICCs/IPs within the parameters of the NCIP’s limited and special jurisdiction, the NCIP’s jurisdiction is restricted to cases where both parties are ICCs/IPs. This distinction recognizes that non-ICCs/IPs should not be subjected to a jurisdiction that relies on laws and customs foreign to them.

Finally, the Supreme Court highlighted that the IPRA does not repeal Batas Pambansa Bilang 129, which defines the general jurisdiction of trial courts. The Court clarified that the IPRA’s repealing clause only specifies certain laws as expressly repealed, and any implied repeal requires a clear and irreconcilable conflict between existing and prior acts, which was not the case here. Therefore, disputes involving rights of ICCs/IPs may still fall within the general jurisdiction of the regular courts, depending on the specific allegations and the status of the parties.

FAQs

What was the key issue in this case?	The key issue was determining the scope of the NCIP’s jurisdiction, specifically whether it extends to cases where one party is not a member of an ICC/IP. The Supreme Court clarified that the NCIP’s jurisdiction is limited to disputes between members of ICCs/IPs.
What does Section 66 of the IPRA say about NCIP jurisdiction?	Section 66 grants the NCIP jurisdiction over claims and disputes involving the rights of ICCs/IPs, but includes a proviso. This proviso requires parties to exhaust all remedies under their customary laws before bringing a dispute to the NCIP, implying a limitation on its jurisdiction.
Why did the Supreme Court limit the NCIP’s jurisdiction?	The Supreme Court limited the NCIP’s jurisdiction to ensure that customary laws are only applied to members of ICCs/IPs. This prevents non-members from being subjected to unfamiliar and potentially inapplicable legal standards.
What is primary jurisdiction?	Primary jurisdiction is the power of an administrative body to act on a matter due to its specific competence. It guides courts in determining whether to refrain from exercising jurisdiction until the administrative agency has resolved certain issues.
What happens if one party is not an ICC/IP member?	If one party is not an ICC/IP member, the dispute may fall under the jurisdiction of regular courts. This depends on the nature of the allegations and the applicable laws, ensuring that all parties receive a fair hearing under the appropriate legal framework.
What are some examples of administrative bodies with exclusive jurisdiction?	Examples include the Commission on Elections over election contests, the Energy Regulatory Commission over rates and fees, and the Department of Agrarian Reform over agrarian reform matters. These bodies have specific mandates that justify their exclusive authority.
Can administrative rules expand the jurisdiction of an agency?	No, administrative rules cannot expand the jurisdiction of an agency beyond what is provided in the enabling statute. Implementing rules must remain consistent with the law and cannot override or modify it.
What is the significance of a Certificate of Ancestral Domain Title (CADT)?	A CADT is formal recognition of the rights of ICCs/IPs to their ancestral domains, but it does not create ownership. It acknowledges ownership that has already vested in the applicant through long-standing possession and traditional claims.
What must ICCs/IPs allege to establish a claim to ancestral property?	ICCs/IPs must allege ultimate facts related to their customs, political structures, and decision-making processes. This includes providing historical proof of continuous occupation and traditional ownership of the claimed land.

This case provides a crucial clarification on the jurisdiction of the NCIP, balancing the protection of indigenous rights with the legal rights of non-indigenous parties. By limiting the NCIP’s jurisdiction to disputes among ICCs/IPs, the Supreme Court ensures that all parties receive a fair hearing under the appropriate legal framework, promoting justice and equity in the resolution of land and resource disputes.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ENGINEER BEN Y. LIM, ET AL. VS. HON. SULPICIO G. GAMOSA, ET AL., G.R. No. 193964, December 02, 2015