Tag: Ancestral Land Title

IPRA Limitations: NCIP Authority and Townsite Reservations in Baguio

The Supreme Court has ruled that the National Commission on Indigenous Peoples (NCIP) lacks the authority to issue Certificates of Ancestral Land Titles (CALTs) or Certificates of Ancestral Domain Titles (CADTs) for properties within the townsite reservation areas of Baguio City. This decision clarifies that Baguio City is governed by its charter and that reclassification of lands within its townsite reservation requires an act of Congress, not NCIP action. The ruling upholds property rights and maintains the townsite reservation’s intended public purpose.

Baguio’s Lands: Can IPRA Trump Townsite Reservation Status?

This case arose from the Republic of the Philippines challenging the NCIP’s issuance of Certificates of Ancestral Land Title (CALTs) to the heirs of Cosen Piraso and Josephine Molintas Abanag. The NCIP, through Resolution Nos. 107-2010-AL and 108-2010-AL, recognized the private respondents’ rights over certain lands in Baguio City based on native title, as provided under Article XII, Section 5 of the 1987 Constitution and Republic Act No. 8371 (RA 8371), also known as the Indigenous Peoples’ Rights Act of 1997 (IPRA). The Republic, however, argued that Section 78 of the IPRA specifically excludes Baguio City from the law’s general provisions regarding ancestral lands, and thus, the NCIP lacked jurisdiction to issue CALTs for lands within the Baguio Townsite Reservation.

The central legal issue before the Supreme Court was whether the NCIP had the authority to issue CALTs for lands within Baguio City’s townsite reservation, considering Section 78 of the IPRA. This section states:

SECTION 78. Special Provision. — The City of Baguio shall remain to be governed by its Charter and all lands proclaimed as part of its townsite reservation shall remain as such until otherwise reclassified by appropriate legislation: Provided, That prior land rights and titles recognized and/or acquired through any judicial, administrative or other processes before the effectivity of this Act shall remain valid: Provided, further, That this provision shall not apply to any territory which becomes part of the City of Baguio after the effectivity of this Act.

The Republic contended that this provision exempts Baguio City from the IPRA’s coverage and reserves the power to reclassify lands within the townsite reservation exclusively to Congress. The respondents, on the other hand, argued that the NCIP’s actions were valid under the general provisions of the IPRA, which recognize the rights of indigenous peoples to their ancestral lands.

The Supreme Court sided with the Republic, emphasizing the clear and unambiguous language of Section 78. The Court outlined the section’s key mandates:

Baguio City is not subject to the general provisions of the IPRA but remains governed by its charter.
Lands proclaimed as part of Baguio City’s Townsite Reservation retain that status.
Reclassification of properties within the Townsite Reservation requires an act of Congress.
Prior land rights and titles recognized before the IPRA’s effectivity remain valid.
Territories incorporated into Baguio City after the IPRA’s effectivity are exempted from this special provision.

Building on this, the Court underscored that the NCIP lacks the power to reclassify lands previously included in the Baguio City Townsite Reservation before the IPRA’s enactment. Such power is reserved solely for Congress, exercised through a new law. This prohibition is reiterated in Rule XIII, Section 1 of the IPRA’s Implementing Rules, which states that lands within the Baguio Townsite Reservation shall not be reclassified except through appropriate legislation.

The Court also delved into the legislative history of the IPRA, noting that Congressional deliberations on both the House and Senate bills demonstrated a clear intent to exempt Baguio City’s land areas, particularly the Baguio City Townsite Reservation, from the IPRA’s coverage. The Supreme Court emphasized that the NCIP cannot disregard this clear legislative intent.

The IPRA does not generally authorize the NCIP to issue ancestral land titles within Baguio City, however, the Court recognized exceptions under Section 78 for (1) prior land rights and titles recognized before the IPRA’s effectivity and (2) territories incorporated into Baguio after the IPRA’s effectivity. For prior land rights, the appropriate remedy for indigenous cultural communities is Act No. 926. This Act outlines the process for native settlers to obtain patents for unreserved, unappropriated agricultural public land that they have continuously occupied and cultivated since August 1, 1890.

The Court also referenced the earlier case of Republic v. Fañgonil, 218 Phil. 484 (1984), which involved claims within the Baguio Townsite Reservation. In that case, the Court held that claimants who had not previously registered their lands during the initial registration proceedings in 1915 were barred from doing so later. The Fañgonil ruling reinforced the principle that lands within the Baguio Townsite Reservation, once declared public domain, are not registerable under Act No. 496, except for those claims that were properly presented and adjudicated during the original land registration case. Given these precedents, the Supreme Court found that the CALTs issued by the NCIP to the respondents were invalid.

In summary, the Court declared that:

private respondents’ rights over the subject properties located in the Townsite Reservation in Baguio City were never recognized in any administrative or judicial proceedings prior to the effectivity of the IPRA law. The CALTs and CADTs issued by the NCIP to respondents are thus void.

FAQs

What was the key issue in this case?	The key issue was whether the NCIP had the authority to issue CALTs for lands within Baguio City’s townsite reservation, given the special provision in Section 78 of the IPRA.
What is Section 78 of the IPRA?	Section 78 is a special provision that states Baguio City shall remain governed by its charter, and lands within its townsite reservation shall remain as such unless reclassified by Congress.
Can the NCIP reclassify lands within Baguio’s townsite reservation?	No, the NCIP does not have the authority to reclassify lands within Baguio City’s townsite reservation; this power is reserved for Congress.
What happens to prior land rights recognized before the IPRA?	Prior land rights and titles recognized and acquired through judicial, administrative, or other processes before the IPRA’s effectivity remain valid.
What law governs land rights within Baguio City?	The Charter of Baguio City governs the determination of land rights within Baguio City, not the general provisions of the IPRA.
Did the respondents in this case have their land rights recognized before the IPRA?	No, the respondents’ rights over the properties in question were never recognized in any administrative or judicial proceedings before the IPRA’s effectivity.
What was the basis for the NCIP’s decision to issue the CALTs?	The NCIP based its decision on the premise that the respondents had vested rights over their ancestral lands based on native title, as mandated by the Constitution and the IPRA.
What was the Court’s ruling in this case?	The Court ruled that the NCIP lacked the authority to issue the CALTs and declared them null and void, reversing the Court of Appeals’ decision.

This ruling clarifies the scope of the NCIP’s authority and reinforces the principle that special laws, such as Baguio City’s charter, take precedence over general laws like the IPRA. The decision protects the integrity of the Baguio Townsite Reservation and reaffirms that only Congress can alter its status. Ultimately, this case reinforces the need for a careful balance between the rights of indigenous peoples and the existing legal framework governing land use and ownership.

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 vs. NCIP, G.R. No. 208480, September 25, 2019

November 30, 2020

Navigating Land Disputes: Jurisdiction Over Reversion Cases and Indigenous Land Titles

In a pivotal decision, the Supreme Court clarified the jurisdiction of Regional Trial Courts (RTCs) in reversion cases involving lands covered by Certificates of Ancestral Land Titles (CALTs). The Court held that RTCs possess the authority to hear cases seeking the reversion of land to the public domain and the cancellation of titles, even if those titles originated from resolutions issued by the National Commission on Indigenous Peoples (NCIP). This ruling ensures that the State has recourse to protect public lands from potentially invalid ancestral land claims. This decision emphasizes the crucial role of RTCs in safeguarding public land and resolving disputes involving indigenous land rights and government interests, ensuring a balance between protecting ancestral domains and upholding the integrity of land titles.

When Public Land Claims Clash with Indigenous Rights: Who Decides?

The Republic of the Philippines, represented by officials from the Bureau of Animal Industry and the Department of Agriculture, filed a complaint against the Heirs of Ikang Paus, seeking the reversion of certain lands and the cancellation of titles. The contested land was covered by Original Certificate of Title (OCT) No. 0-CALT-37, issued based on a Certificate of Ancestral Land Title (CALT) granted to the Heirs of Ikang Paus by the NCIP. The Republic argued that the land in question was part of the Baguio Stock Farm (BSF), a government reservation established under Presidential Proclamation No. 603, series of 1940. According to the Republic, the issuance of the CALT and subsequent OCT was irregular and violated the provisions of the Indigenous Peoples Rights Act (IPRA) and other relevant laws. This legal battle raised a fundamental question: Which court has the authority to adjudicate disputes involving ancestral land titles that overlap with public land claims?

The RTC of Baguio City dismissed the Republic’s complaint, citing a lack of jurisdiction over the subject matter. The RTC reasoned that since the complaint challenged the validity of the CALT and the underlying NCIP resolution, it would essentially be reviewing a decision of a co-equal body, which is beyond its power. The Court of Appeals (CA) affirmed the RTC’s decision, agreeing that the NCIP and RTC are co-equal bodies, and the NCIP is beyond the control of the RTC. The Republic then elevated the case to the Supreme Court, arguing that the RTC has the power to examine the NCIP’s decision, especially when it is patently null and void, and to annul an OCT issued based on such a decision. Now the Supreme Court was called upon to resolve the jurisdictional question and clarify the respective roles of the RTC and the NCIP in resolving land disputes involving ancestral land claims and public land reservations.

The Supreme Court began its analysis by reiterating the principle that jurisdiction is determined by the allegations in the complaint, the applicable law, and the nature of the relief sought. The Court emphasized that the Republic’s complaint was not merely a review of the NCIP’s resolution but a reversion case seeking to return land to the public domain and cancel a Torrens title. According to the Court, this is a crucial distinction. The high court emphasized that the Republic’s complaint attacked OCT No. 0-CALT-37 because it arose from Resolution No. 060-2009-AL, which the Republic claims was not validly rendered. The Court underscored that in ruling on the validity of OCT No. 0-CALT-37, the Court will necessarily rule on the validity of CALT No. CAR-BAG-0309-000207 and the reconstructed and unapproved survey plan together with the technical description of Lot 1, SWO-14110215703-D-A-NCIP, all of which were issued and approved in Resolution 060-2009- AL.

The Court cited Batas Pambansa Blg. 129, which grants RTCs exclusive original jurisdiction over civil actions involving title to or possession of real property. The Court further cited the case of Republic v. Roman Catholic Archbishop of Manila, which held that actions for cancellation of title and reversion fall under the jurisdiction of the RTC when the assessed value of the property exceeds a certain threshold. Building on this legal framework, the Court concluded that the RTC had jurisdiction over the Republic’s complaint because it involved a reversion suit seeking to cancel a Torrens title covering public land. The Court pointed out that in resolving this issue, the RTC may need to examine the validity of the NCIP’s proceedings that led to the issuance of the title, but this does not negate the RTC’s jurisdiction over the reversion case. As the Court held in Malabanan v. Republic:

“[I]n a reversion suit, we should emphasize, the attack is directed not against the judgment ordering the issuance of title, but against the title that is being sought to be cancelled either because the judgment was not validly rendered, or the title issued did not faithfully reflect the land referred to in the judgment, or because no judgment was rendered at all.”

Moreover, the Court emphasized that the NCIP’s jurisdiction is limited to disputes involving rights of Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs), as provided in Section 66 of the IPRA. As the Court held in Lim v. Gamosa, the NCIP has no power to decide controversies involving non-ICCs/IPs, even if the dispute involves rights of ICCs/IPs. Since the Republic, the Register of Deeds of Baguio, and the LRA are non-ICCs/IPs, the NCIP cannot rule on their rights, and the dispute should be brought before a court of general jurisdiction, which in this case is the RTC.

The Court also addressed the Petition-in-Intervention filed by the Heirs of Mateo Cariño and Bayosa Ortega, who sought to challenge the constitutionality of Section 53 of the IPRA. The Court denied the intervention, finding that the Heirs of Cariño and Ortega failed to prove a legal interest in the controversy and that ruling on the constitutionality of Section 53 would delay the adjudication of the main issue. The Court stressed that the constitutionality of a law should only be decided when it is the very lis mota of the case, which was not the situation here. This approach reinforces the principle of judicial restraint, where courts avoid ruling on constitutional questions unless absolutely necessary to resolve the dispute before them. Furthermore, the Court reiterated that the constitutionality of a law should only be decided when it is the very lis mota of the case.

Ultimately, the Supreme Court held that the RTC committed grave abuse of discretion in dismissing the Republic’s complaint for lack of jurisdiction. The Court reversed the CA’s decision and remanded the case to the RTC for trial on the merits. The Court also denied the Petition-in-Intervention. The Court’s decision clarifies the jurisdictional boundaries between the RTC and the NCIP in land disputes involving ancestral land claims and public land reservations, providing guidance for future cases of this nature.

This ruling serves to protect the rights and interests of the Republic over public lands, while also acknowledging the importance of respecting the rights of indigenous peoples. It reinforces the principle that all land disputes, regardless of their complexity, must be resolved within the framework of the law, with due regard for the rights of all parties involved.

FAQs

What was the key issue in this case?	The central issue was whether the Regional Trial Court (RTC) has jurisdiction over a case filed by the Republic of the Philippines seeking the reversion of land to public domain and cancellation of title, when the title originated from a Certificate of Ancestral Land Title (CALT) issued by the National Commission on Indigenous Peoples (NCIP).
What is a reversion case?	A reversion case is a legal action filed by the government to reclaim ownership of land that was allegedly illegally or improperly titled to a private individual or entity. The goal is to revert the land back to the public domain.
What is a Certificate of Ancestral Land Title (CALT)?	A CALT is a title issued by the NCIP to recognize the rights of indigenous peoples over their ancestral lands. It serves as proof of ownership and is based on the Indigenous Peoples Rights Act (IPRA).
What did the Supreme Court decide regarding jurisdiction?	The Supreme Court ruled that the RTC does have jurisdiction over reversion cases, even if the land in question is covered by a CALT. The Court reasoned that the action was aimed at reverting land to public domain, a matter within the RTC’s authority.
Why did the RTC initially dismiss the case?	The RTC initially dismissed the case, believing it lacked jurisdiction because the complaint challenged the validity of the NCIP’s decision to issue the CALT. The RTC thought it would be reviewing a decision of a co-equal body.
What is the role of the NCIP in land disputes?	The NCIP has jurisdiction over disputes involving the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), provided that both parties are ICCs/IPs and have exhausted customary law remedies. However, it cannot rule on cases involving non-ICCs/IPs.
What was the basis for the Republic’s claim?	The Republic claimed that the land covered by the CALT was part of a government reservation (Baguio Stock Farm) and that the issuance of the CALT was irregular and violated IPRA provisions.
What is the significance of this Supreme Court decision?	This decision clarifies the jurisdiction of courts in land disputes involving ancestral land claims and public land reservations. It ensures that the government can protect public lands while also respecting the rights of indigenous peoples.
What was the outcome of the Petition-in-Intervention?	The Supreme Court denied the Petition-in-Intervention, ruling that the intervenors failed to prove a legal interest in the controversy and that the issue they raised (constitutionality of a provision in IPRA) was not the central issue of the case.

This Supreme Court decision provides important clarity on the jurisdiction of RTCs in reversion cases involving ancestral land titles. It balances the need to protect public lands with the recognition of indigenous rights, ensuring that all land disputes are resolved within the framework of the law. The ruling underscores the importance of due process and the right to seek redress in the courts, promoting fairness and equity in land ownership.

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

August 14, 2019