INDIGENOUS PEOPLES RIGHTS ACT (IPRA)

Recognize the rights of the ICCs (Indigenous cultural communities), IPs

Cario v. Insular Government possession since time immemorial
(NATIVE TITLE)
No title is issued to the IP CADT only (certificate of ancestral land title)
Ancestral land is part of ancestral domain (AD is bigger in scope)
o Domain includes occupy they actually occupy, worship grounds,
forests where they hunt etc.
o But IPS have no private ownership
To recognize the AD, you have to go through the process outlined in the
law
o Starts with the delineation and alienation of the AD law
recognizes self-delineation so its is more or less left to the IP to
state which exactly is their domain. It must be grounded on native
title. There is heavy reliance on the testimonies of the elders.
o Application is filed with the ancestral domain office of the NCIP.
o When application is accepted, they will verify the extent of the
AD and would require some form of notice to the public in cases
there is an opposition.
Posting in prominent areas
Posting in regional and provincial offices of NCIP
Publication in newspaper of general circulation in the
area -> if not possible, mere posting will suffice.
o Afterwards, ADO shall conduct an actual surbey to determine
perimeter of AD
o Aside from survey, there should be a description of what exactly
is in the area and the landmarks (ex: river, cave, tree)
o ADO will evaluate and entertain protests and oppositions.
o It is not incumbent upon the ADO to bring it up to the NCIP. IT
shall conduct preliminary investigation.
o ADO may ask for additional evidence to prove claim.
o If application is false, they may deny the application out-right.
Applicant may appeal denial to the NCIP
o If everything is in order, it goes up to the NCIP and the latter
issues the CADT (sole authority to issue title).
What is registered with the RD IS THE CADT. -> NO TITLE!!
o Having the CADT registered gives notice to the whole world
Ancestral land, more often than not, is inside the AD
o No need to apply for another CADT.

Is there a case when they can have the land titled under the Torrens
system?
o YES but it does not go through the process of the NCIP, but
through the process of title under PD 1529.
o What can be titled are only the ancestral lands
o But the land should be A&D
PATENTS WITH RESPECT TO LAND AND AGRARIAN REFORM

Taking of privately owned agricultural lands

o PD 27 Land Reform
o RA 6657 Comprehensive Agrarian Reform Law
o Distinction: PD 27 focuses on rice and corn lands. All other lands
are under RA 6657.
Government through the DAR may put an annotation on the title Notice
of Coverage someone who wishes to buy the property is immediately
given notice that the property is being acquired by the govt.
Generally INVOLUNTARY (states exercise of eminent domain), with the
exception of voluntary offer to sell to the government (under 6657).
o There should be due process of law!! For public purpose and just
compensation.
PD 27
o Certificate of Land Transfer (CLT) recognition of some right
BUT still not equivalent to title.
o CLT eventually becomes an Emancipation Patent (EP). Unlike the
other patents, EP usually a TCT unlike most patents.
RA 6657
o Certificate of Land Ownership Award (CLOA) there is no
transitory phase. The CLOA is immediately registered and you are
issued a OCT/TCT.
It is essential before title goes to the RD is that owner shall have been paid.
Without payment, RD will not transfer the land.
There should be an affidavit of non-tenancy which is some form of
requirement that the RD will check if you are transferring your property to
someone else other than the tenants. (see sec.6 of RA 6657 DAR
Clearance)

PD 27 -> Notice of coverage -> voluntary/involuntary sale ->payment -> CLT

-> EP
RA 6657 ->Notice of coverage -> voluntary/involuntary sale ->payment ->
OCT/TCT with CLOA