In a landmark decision, the Supreme Court affirmed that ancestral lands, even those located within forest reserves, can be registered under private ownership if the claimant can prove continuous possession and occupation by themselves or their predecessors-in-interest who are members of Indigenous Cultural Communities (ICCs) or Indigenous Peoples (IPs). This ruling recognizes the concept of native title, which presumes that certain lands have never been public and have been held under private ownership by ICCs/IPs since time immemorial. The court emphasized that government classifications of public land should not prejudice the rights of individuals who possessed and cultivated the land in good faith prior to such classification. This decision reinforces the protections afforded to ancestral lands under the Indigenous Peoples Rights Act (IPRA) and provides a pathway for ICCs/IPs to secure their land rights.

From ‘Kaingin’ to Claim: Can Ancestral Domain Trump Forest Land Status?

The case of Republic of the Philippines v. Ronald M. Cosalan (G.R. No. 216999, July 4, 2018) revolved around a parcel of land located in Tublay, Benguet, within the Central Cordillera Forest Reserve. Ronald Cosalan, the respondent, sought to register the land, claiming it as ancestral land owned and possessed by his ancestors since time immemorial. The Republic, represented by the Department of Environment and Natural Resources (DENR), opposed the application, arguing that the land was part of the forest reserve and therefore not registrable. The central legal question was whether Cosalan could successfully register the land despite its location within a designated forest reserve, based on his claim of ancestral ownership and continuous possession by his indigenous forebears.

The respondent traced his lineage back several generations to Opilis and Adonis, members of the Ibaloi Tribe, who allegedly owned a vast tract of land in Tublay. This land was purportedly passed down through generations, with respondent ultimately acquiring it through a deed of sale from his father, Andres Acop Cosalan. Cosalan argued that his ancestors had been in continuous possession and occupation of the land since time immemorial, utilizing it for agricultural purposes, including pasture for cattle and cultivation of crops. He presented evidence of land surveys, tax declarations, and testimonies from neighbors to support his claim.

The DENR countered that the land’s designation as part of the Central Cordillera Forest Reserve precluded its registration under private ownership. They emphasized that the Executive Department has the sole authority to reclassify public lands as alienable and disposable. The petitioner highlighted Cosalan’s father’s alleged admission that the land was in an elevated area of the forest reserve and used for kaingin (swidden farming), which, according to the petitioner, did not negate its character as forest land.

However, the Supreme Court sided with Cosalan, affirming the decisions of the lower courts. The Court emphasized the importance of recognizing and protecting the rights of ICCs/IPs to their ancestral lands. The Court invoked Section 3(b) of the IPRA Law, which defines ancestral lands as:

Section 3 (b) Ancestral Lands – Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots[.]

Building on this principle, the Court highlighted the concept of native title. Native title refers to pre-conquest rights to lands held by ICCs/IPs under a claim of private ownership since time immemorial, and are presumed to have never been public lands. The Court cited the landmark case of Cruz v. Secretary of DENR, which underscored the presumption against the government when ancestral lands are at issue:

Every presumption is and ought to be taken against the Government in a case like the present. It might, perhaps, be proper and sufficient to say that when, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way before the Spanish conquest, and never to have been public land.

Furthermore, the Court referenced a prior case, Republic v. CA and Cosalan, involving Cosalan’s uncle, which had already established the continuous possession and occupation of the land by the Cosalan family since the 1840s, predating its classification as a forest reserve. This prior ruling significantly bolstered Cosalan’s claim by confirming his family’s long-standing presence on the land. The Court found that the evidence presented by Cosalan sufficiently demonstrated that his ancestors had been in open, continuous, and adverse possession of the land since time immemorial, thereby establishing their right to register it under the IPRA Law and the Public Land Act.

The Court distinguished the case from Director of Land Management and Director of Forest Development v. CA and Hilario, noting that in the present case, private interests had intervened before the land’s declaration as part of the forest reserve. The fact that Cosalan’s predecessors had filed an application for a free patent as early as 1933 demonstrated their intent to claim ownership and their continuous possession of the land. Therefore, the government’s subsequent classification of the land as a forest reserve did not extinguish the Cosalan family’s prior rights.

The Court also affirmed that ancestral lands, particularly those used for agricultural purposes, are considered alienable and disposable agricultural lands under Section 12 of the IPRA Law. The court held that Cosalan and his witnesses proved that the subject land has been used for agricultural purposes even prior to its declaration as part of the Central Cordillera Forest Reserve, and that ancestral lands are considered public agricultural lands; the provisions of the Public Land Act or C.A. No. 141 govern the registration of the subject land. Based on the established facts, the Supreme Court upheld the registration of the land in favor of Ronald Cosalan, recognizing the primacy of ancestral land rights over subsequent government classifications.

FAQs

What was the key issue in this case?	The key issue was whether ancestral land located within a designated forest reserve could be registered under private ownership by a member of an Indigenous Cultural Community (ICC).
What is the concept of native title?	Native title refers to pre-conquest rights to lands held by ICCs/IPs under a claim of private ownership since time immemorial, presumed never to have been public lands.
What is the IPRA Law?	The IPRA Law (Republic Act No. 8371) is the Indigenous Peoples Rights Act of 1997, which recognizes, protects, and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples.
What did the DENR argue in this case?	The DENR argued that the land was part of the Central Cordillera Forest Reserve and therefore not registrable, as only the Executive Department can reclassify public lands.
How did the Court address the land’s forest reserve status?	The Court recognized that ancestral lands, even within forest reserves, could be registered if continuous possession and occupation since time immemorial were proven. The government classification cannot prejudice prior private rights.
What evidence did Cosalan present to support his claim?	Cosalan presented evidence of land surveys, tax declarations, testimonies from neighbors, and a deed of sale from his father, tracing his family’s possession back generations.
What was the significance of the prior Cosalan case?	The prior case, Republic v. CA and Cosalan, established the continuous possession and occupation of the land by the Cosalan family since the 1840s, strengthening Ronald Cosalan’s claim.
What is the practical implication of this ruling?	The ruling allows ICCs/IPs to secure their ancestral land rights even if the land is located within a forest reserve, provided they can prove continuous possession and occupation since time immemorial.

This case underscores the Philippine legal system’s commitment to protecting the ancestral rights of indigenous communities. It serves as a reminder that government classifications of land should not automatically override the prior and long-held rights of ICCs/IPs to their ancestral domains. This decision provides a vital legal precedent for similar cases involving ancestral land claims within protected areas, offering hope for greater security and recognition of indigenous land rights in the Philippines.

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: Republic v. Cosalan, G.R. No. 216999, July 4, 2018