Finals

• UNIT 3: PHILIPPINE NATIONAL LAND USE POLICIES & INDIGENOUS PEOPLES' LAND RIGHTS
• PART I. COLONIAL POLICIES THAT AFFECTED IP LAND RIGHTS
• Colonial policies that affected IP's land rights

  • Regalian Doctrine
  • Land Registration Act No. 496 of 1902 – "Torrens System"
  • Commonwealth Act 141 (Public Land Act) of 1936
  • Forestry Laws
  • Mining Law of 1905
  • Public Land Acts of 1913, 1919 and 1925
• Regalian Doctrine


  "jura regalia"
• Native Title or Cariño Doctrine


  Pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest
• Cariño is an Igorot, from Benguet. He claimed that he is the owner of parcel of land which he applied for a title but was contradicted by the then Insular Government. The Insular Government won so Cariño went to the US to fight for his claim.
• Cariño v. Insular Government (1909)


  The land belonged to Cariño. Cariño and his ancestors had held the land as owners. They all had been recognized as owners by the Igorots, and he had inherited or received the land from his father in accordance with Igorot custom. "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 from before the Spanish conquest, and never to have been public land."
• Land Registration Act No. 496 of 1902 "Torrens System"


  Requirement of land titles
• Land Registration Act No. 496 of 1902 "Torrens System"


  • Block Titles = Land disputes and Squatter Problem
  • Overly Bureaucratic
  • Accessible for privileged and educated
  • Expropriation but no compensation
• Public Land Acts


  • 1913, 1919, 1925 – Mindanao
  • 1936 – Commonwealth Act No. 141
• Forestry Laws


  • Spanish Regime – ships
  • American Regime – Forestry Act of 1904
• Mining Laws


  • Spanish Era - Lack of technology, Lack of cooperation from natives
  • American Era - Lepanto Consolidated Mining, 52 Gold mines distributed, Tons of gold every year, Mining Law of 1905
• PART II. POST-COLONIAL POLICIES THAT AFFECTED IP LAND RIGHTS
• Post-colonial policies that affected IP's land rights

  • Philippine Constitution (1935, 1973, 1987)
  • Presidential Decree No. 410 "Ancestral Lands Decree"
  • Forestry Reform Code of 1975
  • Mining Act of 1995
  • Indigenous Peoples' Rights Act (R.A. 8371)
• Philippine Constitution 1935, 1973, 1987


  Regalian Doctrine continues
• Philippine Constitution 1987


  • Constitutional Rights of IPs: The State recognizes and promotes the rights of indigenous cultural communities within the framework off national unity and development. The State, subject to the provision of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well being. The State shall recognize, respect and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider this rights in the formulation of national plans in policies.
• Presidential Decree No. 410 "Ancestral Lands Decree"


  Occupants of ancestral lands are hereby given a period of 10 days from the date of approval within which to file application to perfect their titles to the lands occupied by them; otherwise, they shall be open for allocation to other deserving applicants
• Presidential Decree No. 705 Forestry Reform Code

  Timber License Agreements (TLAs)– Commercial Logging/Concessions to Cronies
• Mining Act of 1995


  Private sector-led and foreign market/investment-driven exploitation of mineral resources
• PART III. INDIGENOUS PEOPLES' RIGHTS ACT (IPRA) or RA 8371
• Ancestral Domain


  All areas generally belonging to the indigenous peoples held under a claim of ownership, occupied and possessed communally or individually since time immemorial
• Ancestral Land


  Lands occupied, possessed and utilized by individuals, families and clans who are members of the indigenous people since time immemorial, by themselves or through their predecessors in interest, under claims of individual or traditional group ownership, continuously to the present
• Ancestral Domain includes


  • Ancestral lands, forests, Pasture, Residential, agricultural, hunting grounds, bodies of water, mineral and other natural resources
• Ancestral Land includes


  • Residential lots, rice terraces or paddies, private forests, Swidden farms, Tree lots
• Individual Claims


  Claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots
• Time Immemorial


  A period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions
• Bundle of Rights under IPRA

  • Right to Ancestral Lands and Domains
  • Right to Self-Governance and Empowerment
  • Rights to Social Justice and Human Rights
  • Right to Cultural Integrity
• Rights to Ancestral Domains

  • Ownership
  • Develop lands and land resources
  • Stay in territories
  • Redemption (AL/AD) in case of displacement
  • Regulate entry of migrants
  • Safe and clean water and air
  • Claim part of reservations
  • Resolve conflict in accordance with customary laws
  • Right against unauthorized and unlawful intrusion
• Rights to Ancestral Lands

  • Right to transfer land/property
  • Right to Redemption
• Responsibilities of IP/ICCs


  • Maintain ecological balance
  • Restore denuded areas
  • Observe laws
• Rights to Self-Governance and Empowerment

  • Self-Governance
  • Support for Autonomous Regions
  • Justice System, Conflict Resolutions, and Peace Building Processes
  • Participate in Decision-Making
  • Determine and Decide Priorities of Development
• Indigenous Peace Building Practices and Justice System

  • Mediation - Bodong in Kalinga, Tongtongan in Benguet
  • Arbitration - Ato in Bontoc
• The Philippine legal system's framework for the protection of indigenous peoples was never intended and will not operate to deprive courts of jurisdiction over criminal offenses. Individuals belonging to indigenous cultural communities who are charged with criminal offenses cannot invoke Republic Act No. 8371, or the Indigenous Peoples' Rights Act of 1997, to evade prosecution and liability under courts of law.
• Can IPs/ICs use their right to self-governance to be exempted from national laws?
• Rights to Social Justice and Human Rights


  • Equal protection & non-discrimination
  • Special protection during armed conflict
  • Freedom from Discrimination and Right to Equal Opportunity and Treatment
  • Basic Services - areas of employment, vocational training and retraining, housing, sanitation, health and social security
• Right to Cultural Integrity


  • Protection of indigenous culture, traditions, institutions
  • Restitution of cultural, intellectual, religious & spiritual property taken without their FPIC or in violation of their laws, traditions & customs
  • Indigenous Knowledge Systems and Practices (IKSPs) & to develop own science and technologies
• Free and Prior Informed Consent (FPIC)

  The consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community
• Functions of NCIP (Sec. 44)

  • Recognition of Ancestral Domain/Land Claims
  • IP education and advocacy
  • Legal and Adjudication Services
• Challenges to NCIP


  • IP population data and statistics
  • Instability of policy environment
  • Awareness
  • Institutional strengthening of NCIP
  • Women on program and policy planning and development
  • Budget constraints
• Penalties


  Shall be punished in accordance with the customary laws of the ICCs/IPs concerned. XPT: cruel, degrading or inhuman punishment; no death penalty or excessive fines. ICCs/IPs may avail of the protection of existing laws: imprisonment of 9 months to 12 years or a fine of not less than P100,000 to P500,000 or both. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered.