Republic Act No.

8371 October 29, 1997

AN ACT TO RECOGNIZE, PROTECT AND PROOTE T!E RIG!T" O# INDIGENO$"
C$%T$RA% CO$NITIE"&INDIGENO$" PEOP%E, CREATING A NATIONA% COI""ION O#
INDIGENO$" PEOP%E, E"TA'%I"!ING IP%EENTING EC!ANI"", APPROPRIATING
#$ND" T!ERE#OR, AND #OR OT!ER P$RPO"E"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::

CHAPTER
!E"ERA# PR$%S$"S
Section &' Short Title' ( This Act shall be )no*n as +The ndigenous Peoples Rights Act of &,,-'+
Section .' /eclaration of State Policies' ( The State shall recogni0e and promote all the rights of
ndigenous Cultural Communities1ndigenous Peoples 2CCs1Ps3 hereunder enumerated *ithin the
frame*or) of the Constitution:
a3 The State shall recogni0e and promote the rights of CCs1Ps *ithin the frame*or) of national
unity and development4
b3The State shall protect the rights of CCs1Ps to their ancestral domains to ensure their economic5
social and cultural *ell being and shall recogni0e the applicability of customary la*s governing
property rights or relations in determining the o*nership and e6tent of ancestral domain4
c3 The State shall recogni0e5 respect and protect the rights of CCs1Ps to preserve and develop
their cultures5 traditions and institutions' t shall consider these rights in the formulation of
national la*s and policies4
d3 The State shall guarantee that members of the CCs1Ps regardless of se65 shall e7ually en8oy
the full measure of human rights and freedoms *ithout distinctions or discriminations4
e3 The State shall ta)e measures5 *ith the participation of the CCs1Ps concerned5 to protect their
rights and guarantee respect for their cultural integrity5 and to ensure that members of the
CCs1Ps bene9t on an e7ual footing from the rights and opportunities *hich national la*s and
regulations grant to other members of the population and
f3 The State recogni0es its obligations to respond to the strong e6pression of the CCs1Ps for
cultural integrity by assuring ma6imum CC1P participation in the direction of education5 health5 as
*ell as other services of CCs1Ps5 in order to render such services more responsive to the needs
and desires of these communities'
To*ards these ends5 the State shall institute and establish the necessary mechanisms to enforce
and guarantee the reali0ation of these rights5 ta)ing into consideration their customs5 traditions5
values5 beliefs5 their rights to their ancestral domains'

CHAPTER
/E:"T$" $: TER;S
Section <' /e9nition of Terms' ( :or purposes of this Act5 the follo*ing terms shall mean:
a3 Ancestral /omains ( Sub8ect to Section => hereof5 refer to all areas generally belonging to
CCs1Ps comprising lands5inland *aters5 coastal areas5 and natural resources therein5 held under a
claim of o*nership5 occupied or possessed by CCs1Ps5 themselves or through their ancestors5
communally or individually since time immemorial5 continuously to the present e6cept *hen
interrupted by *ar5 force ma8eure or displacement by force5 deceit5 stealth or as a conse7uence of
government pro8ects or any other voluntary dealings entered into by government and private
individuals5 corporations5 and *hich are necessary to ensure their economic5 social and cultural
*elfare' t shall include ancestral land5 forests5 pasture5 residential5 agricultural5 and other lands
individually o*ned *hether alienable and disposable or other*ise5 hunting grounds5 burial
grounds5 *orship areas5 bodies of *ater5 mineral and other natural resources5 and lands *hich
may no longer be e6clusively occupied by CCs1Ps but from *hich their traditionally had access to
for their subsistence and traditional activities5 particularly the home ranges of CCs1Ps *ho are still
nomadic and1or shifting cultivators4
b3 Ancestral #ands ( Sub8ect to Section => hereof5 refers to land occupied5 possessed and utili0ed
by individuals5 families and clans *ho are members of the CCs1Ps since time immemorial5 by
themselves or through their predecessors(in(interest5 under claims of individual or traditional
group o*nership5continuously5 to the present e6cept *hen interrupted by *ar5 force ma8eure or
displacement by force5 deceit5 stealth5 or as a conse7uence of government pro8ects and other
voluntary dealings entered into by government and private individuals1corporations5 including5 but
not limited to5 residential lots5 rice terraces or paddies5 private forests5 s*idden farms and tree
lots4
c3 Certi9cate of Ancestral /omain Title ( refers to a title formally recogni0ing the rights of
possession and o*nership of CCs1Ps over their ancestral domains identi9ed and delineated in
accordance *ith this la*4
d3 Certi9cate of Ancestral #ands Title ( refers to a title formally recogni0ing the rights of CCs1Ps
over their ancestral lands4
e3 Communal Claims ( refer to claims on land5 resources and rights thereon5 belonging to the
*hole community *ithin a de9ned territory
f3 Customary #a*s ( refer to a body of *ritten and1or un*ritten rules5 usages5 customs and
practices traditionally and continually recogni0ed5 accepted and observed by respective CCs1Ps4
g3 :ree and Prior nformed Consent ( as used in this Act shall mean the consensus of all members
of the CCs1Ps to4 be determined in accordance *ith their respective customary la*s and
practices5 free from any e6ternal manipulation5 interference and coercion5 and obtained after fully
disclosing the intent and scope of the activity5 in a language an process understandable to the
community4
h3 ndigenous Cultural Communities1ndigenous Peoples ( refer to a group of people or
homogenous societies identi9ed by self(ascription and ascription by other5 *ho have continuously
lived as organi0ed community on communally bounded and de9ned territory5 and *ho have5 under
claims of o*nership since time immemorial5 occupied5 possessed customs5 tradition and other
distinctive cultural traits5 or *ho have5 through resistance to political5 social and cultural inroads of
coloni0ation5 non(indigenous religions and culture5 became historically di?erentiated from the
ma8ority of :ilipinos' CCs1Ps shall li)e*ise include peoples *ho are regarded as indigenous on
account of their descent from the populations *hich inhabited the country5 at the time of con7uest
or coloni0ation5 or at the time of inroads of non(indigenous religions and cultures5 or the
establishment of present state boundaries5 *ho retain some or all of their o*n social5 economic5
cultural and political institutions5 but *ho may have been displaced from their traditional domains
or *ho may have resettled outside their ancestral domains4
i3 ndigenous Political Structure ( refer to organi0ational and cultural leadership systems5
institutions5 relationships5 patterns and processed for decision(ma)ing and participation5 identi9ed
by CCs1Ps such as5 but not limited to5 Council of Elders5 Council of Timuays5 Bodong Holder5 or
any other tribunal or body of similar nature4
83 ndividual Claims ( refer to claims on land and rights thereon *hich have been devolved to
individuals5 families and clans including5 but not limited to5 residential lots5 rice terraces or paddies
and tree lots4
)3 "ational Commission on ndigenous Peoples 2"CP3 ( refers to the o@ce created under this Act5
*hich shall be under the $@ce of the President5 and *hich shall be the primary government
agency responsible for the formulation and implementation of policies5 plans and programs to
recogni0e5 protect and promote the rights of CCs1Ps4
l3 "ative Title ( refers to pre(con7uest rights to lands and domains *hich5 as far bac) as memory
reaches5 have been held under a claim of private o*nership by CCs1Ps5 have never been public
lands and are thus indisputably presumed to have been held that *ay since before the Spanish
Con7uest4
m3 "ongovernment $rgani0ation ( refers to a private5 nonpro9t voluntary organi0ation that has
been organi0ed primarily for the delivery of various services to the CCs1Ps and has an established
trac) record for e?ectiveness and acceptability in the community *here it serves4
n3 PeopleAs $rgani0ation ( refers to a private5 nonpro9t voluntary organi0ation of members of an
CC1P *hich is accepted as representative of such CCs1Ps4
o3 Sustainable Traditional Resource Rights ( refer to the rights of CCs1Ps to sustainably
use5manage5 protect and conserve a3 land5 air5 *ater5 and minerals4 b3 plants5 animals and other
organisms4 c3 collecting5 9shing and hunting grounds4 d3 sacred sites4 and e3 other areas of
economic5 ceremonial and aesthetic value in accordance *ith their indigenous )no*ledge5 beliefs5
systems and practices4 and
p3 Time mmemorial ( refers to a period of time *hen as far bac) as memory can go5 certain
CCs1Ps are )no*n to have occupied5 possessed in the concept of o*ner5 and utili0ed a de9ned
territory devolved to them5 by operation of customary la* or inherited from their ancestors5 in
accordance *ith their customs and traditions'

CHAPTER
R!HTS T$ A"CESTRA# /$;A"S
Section B' Concept of Ancestral #ands1/omains' ( Ancestral lands1domains shall include such
concepts of territories *hich cover not only the physical environment but the total environment
including the spiritual and cultural bonds to the area *hich the CCs1Ps possess5 occupy and use
and to *hich they have claims of o*nership'
Section =' ndigenous Concept of $*nership' ( ndigenous concept of o*nership sustains the vie*
that ancestral domains and all resources found therein shall serve as the material bases of their
cultural integrity' The indigenous concept of o*nership generally holds that ancestral domains are
the CCAs1PAs private but community property *hich belongs to all generations and therefore
cannot be sold5 disposed or destroyed' t li)e*ise covers sustainable traditional resource rights'
Section >' Composition of Ancestral #ands1/omains' ( Ancestral lands and domains shall consist of
all areas generally belonging to CCs1Ps as referred under Sec' <5 items 2a3 and 2b3 of this Act'
Section -' Rights to Ancestral /omains' ( The rights of o*nership and possession of CCs1Ps t their
ancestral domains shall be recogni0ed and protected' Such rights shall include:
a' Rights of $*nership'( The right to claim o*nership over lands5 bodies of *ater traditionally and
actually occupied by CCs1Ps5 sacred places5 traditional hunting and 9shing grounds5 and all
improvements made by them at any time *ithin the domains4
b' Right to /evelop #ands and "atural Resources' ( Sub8ect to Section => hereof5 right to develop5
control and use lands and territories traditionally occupied5 o*ned5 or used4 to manage and
conserve natural resources *ithin the territories and uphold the responsibilities for future
generations4 to bene9t and share the pro9ts from allocation and utili0ation of the natural resources
found therein4 the right to negotiate the terms and conditions for the e6ploration of natural
resources in the areas for the purpose of ensuring ecological5 environmental protection and the
conservation measures5 pursuant to national and customary la*s4 the right to an informed and
intelligent participation in the formulation and implementation of any pro8ect5 government or
private5 that *ill a?ect or impact upon the ancestral domains and to receive 8ust and fair
compensation for any damages *hich they sustain as a result of the pro8ect4 and the right to
e?ective measures by the government to prevent any interfere *ith5 alienation and encroachment
upon these rights4
c' Right to Stay in the Territories( The right to stay in the territory and not be removed therefrom'
"o CCs1Ps *ill be relocated *ithout their free and prior informed consent5 nor through any means
other than eminent domain' Chere relocation is considered necessary as an e6ceptional measure5
such relocation shall ta)e place only *ith the free and prior informed consent of the CCs1Ps
concerned and *henever possible5 they shall be guaranteed the right to return to their ancestral
domains5 as soon as the grounds for relocation cease to e6ist' Chen such return is not possible5 as
determined by agreement or through appropriate procedures5 CCs1Ps shall be provided in all
possible cases *ith lands of 7uality and legal status at least e7ual to that of the land previously
occupied by them5 suitable to provide for their present needs and future development' Persons
thus relocated shall li)e*ise be fully compensated for any resulting loss or in8ury4
d' Right in Case of /isplacement' ( n case displacement occurs as a result of natural catastrophes5
the State shall endeavor to resettle the displaced CCs1Ps in suitable areas *here they can have
temporary life support system: Provided5 That the displaced CCs1Ps shall have the right to return
to their abandoned lands until such time that the normalcy and safety of such lands shall be
determined: Provided5 further5 That should their ancestral domain cease to e6ist and normalcy and
safety of the previous settlements are not possible5 displaced CCs1Ps shall en8oy security of
tenure over lands to *hich they have been resettled: Provided5 furthermore5 That basic services
and livelihood shall be provided to them to ensure that their needs are ade7uately addressed:
e' Right to Regulate Entry of ;igrants' ( Right to regulate the entry of migrant settlers and
organi0ations into the domains4
f' Right to Safe and Clean Air and Cater' ( :or this purpose5 the CCs1Ps shall have access to
integrated systems for the management of their inland *aters and air space4
g' Right to Claim Parts of Reservations' ( The right to claim parts of the ancestral domains *hich
have been reserved for various purposes5 e6cept those reserved and intended for common and
public *elfare and service4 and
h' Right to Resolve ConDict' ( Right to resolve land conDicts in accordance *ith customary la*s of
the area *here the land is located5 and only in default thereof shall the complaints be submitted to
amicable settlement and to the Courts of Eustice *henever necessary'
Section F' Rights to Ancestral #ands' ( The right of o*nership and possession of the CCs1Ps5 to
their ancestral lands shall be recogni0ed and protected'
a' Right to transfer land1property' ( Such right shall include the right to transfer land or property
rights to1among members of the same CCs1Ps5 sub8ect to customary la*s and traditions of the
community concerned'
b' Right to Redemption' ( n cases *here it is sho*n that the transfer of land1property rights by
virtue of any agreement or devise5 to a non(member of the concerned CCs1Ps is tainted by the
vitiated consent of the CCs1Ps5or is transferred for an unconscionable consideration or price5 the
transferor CC1P shall have the right to redeem the same *ithin a period not e6ceeding 9fteen 2&=3
years from the date of transfer'
Section ,' Responsibilities of CCs1Ps to their Ancestral /omains' ( CCs1Ps occupying a duly
certi9ed ancestral domain shall have the follo*ing responsibilities:
a' ;aintain Ecological Balance( To preserve5 restore5 and maintain a balanced ecology in the
ancestral domain by protecting the Dora and fauna5 *atershed areas5 and other reserves4
b' Restore /enuded Areas( To actively initiate5 underta)e and participate in the reforestation of
denuded areas and other development programs and pro8ects sub8ect to 8ust and reasonable
remuneration4 and
c' $bserve #a*s( To observe and comply *ith the provisions of this Act and the rules and
regulations for its e?ective implementation'
Section &G' Hnauthori0ed and Hnla*ful ntrusion' ( Hnauthori0ed and unla*ful intrusion upon5 or
use of any portion of the ancestral domain5 or any violation of the rights herein before
enumerated5 shall be punishable under this la*' :urthermore5 the !overnment shall ta)e measures
to prevent non(CCs1Ps from ta)ing advantage of the CCs1Ps customs or lac) of understanding of
la*s to secure o*nership5 possession of land belonging to said CCs1Ps'
Section &&' Recognition of Ancestral /omain Rights' ( The rights of CCs1Ps to their ancestral
domains by virtue of "ative Title shall be recogni0ed and respected' :ormal recognition5 *hen
solicited by CCs1Ps concerned5 shall be embodied in a Certi9cate of Ancestral /omain Title
2CA/T35 *hich shall recogni0e the title of the concerned CCs1Ps over the territories identi9ed and
delineated'
Section &.' $ption to Secure Certi9cate of Title under Common*ealth Act &B&5 as amended5 or the
#and Registration Act B,>' ( ndividual members of cultural communities5 *ith respect to
individually(o*ned ancestral lands *ho5 by themselves or through their predecessors(in (interest5
have been in continuous possession and occupation of the same in the concept of o*ner since the
immemorial or for a period of not less than thirty 2<G3 years immediately preceding the approval of
this Act and uncontested by the members of the same CCs1Ps shall have the option to secure title
to their ancestral lands under the provisions of Common*ealth Act &B&5 as amended5 or the #and
Registration Act B,>'
:or this purpose5 said individually(o*ned ancestral lands5 *hich are agricultural in character and
actually used for agricultural5 residential5 pasture5 and tree farming purposes5 including those *ith
a slope of eighteen percent 2&FI3 or more5 are hereby classi9ed as alienable and disposable
agricultural lands'
The option granted under this Section shall be e6ercised *ithin t*enty 2.G3 years from the
approval of this Act'

CHAPTER %
R!HT T$ SE#:(!$%ER"A"CE A"/ E;P$CER;E"T
Section &<' Self(!overnance' ( The State recogni0es the inherent right of CCs1Ps to self(
governance and self(determination and respects the integrity of their values5 practices and
institutions' Conse7uently5 the State shall guarantee the right of CCs1Ps to freely pursue their
economic5 social and cultural development'
Section &B' Support for Autonomous Regions' ( The State shall continue to strengthen and support
the autonomous regions created under the Constitution as they may re7uire or need' The State
shall li)e*ise encourage other CCs1Ps not included or outside ;uslim ;indanao and the Cordillera
to use the form and content of their *ays of life as may be compatible *ith the fundamental rights
de9ned in the Constitution of the Republic of the Philippines and other internationally recogni0ed
human rights'
Section &=' Eustice System5 ConDict Resolution nstitutions and Peace Building Processes' ( The
CCs1Ps shall have the right to use their o*n commonly accepted 8ustice systems5 conDict
resolution institutions5 peace building processes or mechanisms and other customary la*s and
practices *ithin their respective communities and as may be compatible *ith the national legal
system and *ith internationally recogni0ed human rights'
Section &>' Right to Participate in /ecision (;a)ing' ( CCs1Ps have the right to participate fully5 if
they so choose5 at all levels of decision(ma)ing in matters *hich may a?ect their rights5 lives and
destinies through procedures determined by them as *ell as to maintain and develop their o*n
indigenous political structures' Conse7uently5 the State shall ensure that the CCs1Ps shall be
given mandatory representation in policy(ma)ing bodies and other local legislative councils'
Section &-' Right to /etermine and /ecide Priorities for /evelopment' ( The CCs1Ps shall have the
right to determine and decide their o*n priorities for development a?ecting their lives5 beliefs5
institutions5 spiritual *ell(being5 and the lands they o*n5 occupy or use' They shall participate in
the formulation5implementation and evaluation of policies5 plans and programs for national5
regional and local development *hich may directly a?ect them'
Section &F' Tribal Barangays' ( The CCs1Ps living in contiguous areas or communities *here they
form the predominant population but *hich are located in municipalities5 provinces or cities *here
they do not constitute the ma8ority of the population5 may form or constitute a separate barangay
in accordance *ith the #ocal !overnment Code on the creation of tribal barangays'
Section &,' Role of Peoples $rgani0ations' ( The State shall recogni0e and respect the role of
independent CCs1Ps organi0ations to enable the CCs1Ps to pursue and protect their legitimate
and collective interests and aspirations through peaceful and la*ful means'
Section .G' ;eans for /evelopment 1Empo*erment of CCs1Ps' ( The !overnment shall establish
the means for the full development1empo*erment of the CCs1Ps o*n institutions and initiatives
and5 *here necessary5 provide the resources needed therefor'

CHAPTER %
S$CA# EHSTCE A"/ HH;A" R!HTS
Section .&' E7ual Protection and "on(discrimination of CCs1Ps' ( Consistent *ith the e7ual
protection clause of the Constitution of the Republic of the Philippines5 the Charter of the Hnited
"ations5 the Hniversal /eclaration of Human Rights including the Convention on the Elimination of
/iscrimination Against Comen and nternational Human Rights #a*5 the State shall5 *ith due
recognition of their distinct characteristics and identity5 accord to the members of the CCs1Ps the
rights5 protections and privileges en8oyed by the rest of the citi0enry' t shall e6tend to them the
same employment rights5 opportunities5 basic services5 educational and other rights and privileges
available to every member of the society' Accordingly5 the State shall li)e*ise ensure that the
employment of any form of force of coersion against CCs1Ps shall be dealt *ith by la*'
The State shall ensure that the fundamental human rights and freedoms as enshrined in the
Constitution and relevant international instruments are guaranteed also to indigenous *omen'
To*ards this end5 no provision in this Act shall be interpreted so as to result in the diminution of
rights and privileges already recogni0ed and accorded to *omen under e6isting la*s of general
application'
Section ..' Rights during Armed ConDict' ( CCs1Ps have the right to special protection and
security in periods of armed conDict' The State shall observe international standards5 in particular5
the :ourth !eneva Convention of &,B,5 for the protection of civilian populations in circumstances
of emergency and armed conDict5 and shall not recruit members of the CCs1Ps against their *ill
into armed forces5 and in particular5 for the use against other CCs1Ps4 not recruit children of
CCs1Ps into the armed forces under any circumstance4 nor force indigenous individuals to
abandon their lands5 territories and means of subsistence5 or relocate them in special centers for
military purposes under any discriminatory condition'
Section .<' :reedom from /iscrimination and Right to E7ual $pportunity and Treatment' ( t shall
be the right of the CCs1Ps to be free from any form of discrimination5 *ith respect to recruitment
and conditions of employment5 such that they may en8oy e7ual opportunities as other
occupationally(related bene9ts5 informed of their rights under e6isting labor legislation and of
means available to them for redress5 not sub8ect to any coercive recruitment systems5 including
bonded labor and other forms of debt servitude4 and e7ual treatment in employment for men and
*omen5 including the protection from se6ual harassment'
To*ards this end5 the State shall *ithin the frame*or) of national la*s and regulations5 and in
cooperation *ith the CCs1Ps concerned5 adopt special measures to ensure the e?ective protection
*ith regard to the recruitment and conditions of employment of persons belonging to these
communities5 to the e6tent that they are not e?ectively protected by the la*s applicable to
*or)ers in general'
CCs1Ps shall have the right to association and freedom for all trade union activities and the right
to conclude collective bargaining agreements *ith employersA conditions' They shall li)e*ise have
the right not to be sub8ect to *or)ing conditions ha0ardous to their health5 particularly through
e6posure to pesticides and other to6ic substances'
Section .B' Hnla*ful Acts Pertaining to Employment' ( t shall be unla*ful for any person:
a' To discriminate against any CC1P *ith respect to the terms and conditions of employment on
account of their descent' E7ual remuneration shall be paid to CC1P and non(CC1P for *or) of
e7ual value4 and
b' To deny any CC1P employee any right or bene9t herein provided for or to discharge them for
the purpose of preventing them from en8oying any of the rights or bene9ts provided under this Act'
Section .=' Basic Services' ( The CC1P have the right to special measures for the immediate5
e?ective and continuing improvement of their economic and social conditions5 including in the
areas of employment5 vocational training and retraining5 housing5 sanitation5 health and social
security' Particular attention shall be paid to the rights and special needs of indigenous *omen5
elderly5 youth5 children and di?erently(abled persons' Accordingly5 the State shall guarantee the
right of CCs1Ps to government As basic services *hich shall include5 but not limited to *ater and
electrical facilities5 education5 health and infrastructure'
Section .>' Comen' ( CC1P *omen shall en8oy e7ual rights and opportunities *ith men5 as
regards the social5 economic5 political and cultural spheres of life' The participation of indigenous
*omen in the decision(ma)ing process in all levels5 as *ell as in the development of society5 shall
be given due respect and recognition'
The State shall provide full access to education5 maternal and child care5 health and nutrition5 and
housing services to indigenous *omen' %ocational5 technical5 professional and other forms of
training shall be provided to enable these *omen to fully participate in all aspects of social life' As
far as possible5 the State shall ensure that indigenous *omen have access to all services in their
o*n languages'
Section .-' Children and Jouth' ( The State shall recogni0e the vital role of the children and youth
of CCs1Ps in nation(building and shall promote and protect their physical5 moral5 spiritual5 moral5
spiritual5 intellectual and social *ell(being' To*ards this end5 the State shall support all
government programs intended for the development and rearing of the children and youth of
CCs1Ps for civic e@ciency and establish such mechanisms as may be necessary for the protection
of the rights of the indigenous children and youth'
Section .F' ntegrated System of Education' ( The State shall5 through the "CP5 provide a
complete5 ade7uate and integrated system of education5 relevant to the needs of the children and
Joung people of CCs1Ps'

CHAPTER %
CH#THRA# "TE!RTJ
Section .,' Protection of ndigenous Culture5 traditions and institutions' ( The state shall respect5
recogni0e and protect the right of the CCs1Ps to preserve and protect their culture5 traditions and
institutions' t shall consider these rights in the formulation of national plans and policies'
Section <G' Educational Systems' ( The State shall provide e7ual access to various cultural
opportunities to the CCs1Ps through the educational system5 public or cultural entities5
scholarships5 grants and other incentives *ithout pre8udice to their right to establish and control
their educational systems and institutions by providing education in their o*n language5 in a
manner appropriate to their cultural methods of teaching and learning' ndigenous children1youth
shall have the right to all levels and forms of education of the State'
Section <&' Recognition of Cultural /iversity' ( The State shall endeavor to have the dignity and
diversity of the cultures5 traditions5 histories and aspirations of the CCs1Ps appropriately reDected
in all forms of education5 public information and cultural(educational e6change' Conse7uently5 the
State shall ta)e e?ective measures5 in consultation *ith CCs1Ps concerned5 to eliminate pre8udice
and discrimination and to promote tolerance5 understanding and good relations among CCs1Ps
and all segments of society' :urthermore5 the !overnment shall ta)e e?ective measures to ensure
that State(o*ned media duly reDect indigenous cultural diversity' The State shall li)e*ise ensure
the participation of appropriate indigenous leaders in schools5 communities and international
cooperative underta)ings li)e festivals5 conferences5 seminars and *or)shops to promote and
enhance their distinctive heritage and values'
Section <.' Community ntellectual Rights' ( CCs1Ps have the right to practice and revitali0e their
o*n cultural traditions and customs' The State shall preserve5 protect and develop the past5
present and future manifestations of their cultures as *ell as the right to the restitution of cultural5
intellectual5 religious5 and spiritual property ta)en *ithout their free and prior informed consent or
in violation of their la*s5 traditions and customs'
Section <<' Rights to Religious5 Cultural Sites and Ceremonies' ( CCs1Ps shall have the right to
manifest5 practice5 develop teach their spiritual and religious traditions5 customs and ceremonies4
the right to maintain5 protect and have access to their religious and cultural sites4 the right to use
and control of ceremonial ob8ect4 and the right to the repatriation of human remains' Accordingly5
the State shall ta)e e?ective measures5 in cooperation *ith the burial sites5 be preserved5
respected and protected' To achieve this purpose5 it shall be unla*ful to:
a' E6plore5 e6cavate or ma)e diggings on archeological sites of the CCs1Ps for the purpose of
obtaining materials of cultural values *ithout the free and prior informed consent of the
community concerned4 and
b' /eface5 remove or other*ise destroy artifacts *hich are of great importance to the CCs1Ps for
the preservation of their cultural heritage'
Section <B' Right to ndigenous Kno*ledge Systems and Practices and to /evelop o*n Sciences
and Technologies' ( CCs1Ps are entitled to the recognition of the full o*nership and control and
protection of their cultural and intellectual rights' They shall have the right to special measures to
control5 develop and protect their sciences5 technologies and cultural manifestations5 including
human and other genetic resources5 seeds5 including derivatives of these resources5 traditional
medicines and health practices5 vital medicinal plants5 animals and minerals5 indigenous
)no*ledge systems and practices5 )no*ledge of the properties of fauna and Dora5 oral traditions5
literature5 designs5 and visual and performing arts'
Section <=' Access to Biological and !enetic Resources' ( Access to biological and genetic
resources and to indigenous )no*ledge related to the conservation5 utili0ation and enhancement
of these resources5 shall be allo*ed *ithin ancestral lands and domains of the CCs1Ps only *ith a
free and prior informed consent of such communities5 obtained in accordance *ith customary la*s
of the concerned community'
Section <>' Sustainable Agro(Technical /evelopment' ( The State shall recogni0e the right of
CCs1Ps to a sustainable agro(technological development and shall formulate and implement
programs of action for its e?ective implementation' The State shall li)e*ise promote the bio(
genetic and resource management systems among the CCs1Ps and shall encourage cooperation
among government agencies to ensure the successful sustainable development of CCs1Ps'
Section <-' :unds for Archeological and Historical Sites' ( The CCs1Ps shall have the right to
receive from the national government all funds especially earmar)ed or allocated for the
management and preservation of their archeological and historical sites and artifacts *ith the
9nancial and technical support of the national government agencies'

CHAPTER %
"AT$"A# C$;;SS$" $" "/!E"$HS PE$P#ES 2"CP3
Section <F' "ational Commission on ndigenous Cultural Communities 1ndigenous Peoples
2"CCP3' ( to carry out the policies herein set forth5 there shall be created the "ational Commission
on CCs1Ps 2"CP35 *hich shall be the primary government agency responsible for the formulation
and implementation of policies5 plans and programs to promote and protect the rights and *ell(
being of the CCs1Ps and the recognition of their ancestral domains as *ell as their rights thereto'
Section <,' ;andate' ( The "CP shall protect and promote the interest and *ell(being of the
CCs1Ps *ith due regard to their beliefs5 customs5 traditions and institutions'
Section BG' Composition' ( The "CP shall be an independent agency under the $@ce of the
President and shall be composed of seven 2-3 Commissioners belonging to CCs1Ps5 one 2&3 of
*hom shall be the Chairperson' The Commissioners shall be appointed by the President of the
Philippines from a list of recommendees submitted by authentic CCs1Ps: Provided5 That the seven
2-3 Commissioners shall be appointed speci9cally from each of the follo*ing ethnographic areas:
Region and the Cordilleras4 Region 4 the rest of #u0on4 sland !roups including ;indoro5 Pala*an5
Romblon5 Panay and the rest of the %isayas4 "orthern and Cestern ;indanao4 Southern and
Eastern ;indanao4 and Central ;indanao: Provided5 That at least t*o 2.3 of the seven 2-3
Commissioners shall be *omen'
Section B&' Luali9cations5 Tenure5 Compensation' ( The Chairperson and the si6 2>3 Commissioners
must be natural born :ilipino citi0ens5 bona9de members of CCs1Ps as certi9ed by his1her tribe5
e6perienced in ethnic a?airs and *ho have *or)ed for at least ten 2&G3 years *ith an CC1P
community and1or any government agency involved in CC1P5 at least <= years of age at the time
of appointment5 and must be of proven honesty and integrity: Provided5 That at least t*o 2.3 of the
seven 2-3 Commissioners shall be the members of the Philippine Bar: Provided5 further5 That the
members of the "CP shall hold o@ce for a period of three 2<3 years5 and may be sub8ect to re(
appointment for another term: Provided5 furthermore5 That no person shall serve for more than
t*o 2.3 terms' Appointment to any vacancy shall only be for the une6pired term of the predecessor
and in no case shall a member be appointed or designated in a temporary or acting capacity:
Provided5 9nally5 That the Chairperson and the Commissioners shall be entitled to compensation in
accordance *ith the Salary Standardi0ation #a*'
Section B.' Removal from $@ce' ( Any member of the "CP may be removed from o@ce by the
President5 on his o*n initiative or upon recommendation by any indigenous community5 before the
e6piration of his term for cause and after complying *ith due process re7uirement of la*'
Section B<' Appointment of Commissioners' ( The President shall appoint the seven 2-3
Commissioners of the "CP *ithin ninety 2,G3 days from the e?ectivity of this Act'
Section BB' Po*ers and :unctions' ( To accomplish its mandate5 the "CP shall have the follo*ing
po*ers5 8urisdiction and function:
a3 To serve as the primary government agency through *hich CCs1Ps can see) government
assistance and as the medium5 thorough *hich such assistance may be e6tended4
b3 To revie* and assess the conditions of CCs1Ps including e6isting la*s and policies pertinent
thereto and to propose relevant la*s and policies to address their role in national development4
c3 To formulate and implement policies5 plans5 programs and pro8ects for the economic5 social and
cultural development of the CCs1Ps and to monitor the implementation thereof4
d3 To re7uest and engage the services and support of e6perts from other agencies of government
or employ private e6perts and consultants as may be re7uired in the pursuit of its ob8ectives4
e3 To issue certi9cate of ancestral land1domain title4
f3 Sub8ect to e6isting la*s5 to enter into contracts5 agreements5 or arrangement5 *ith government
or private agencies or entities as may be necessary to attain the ob8ectives of this Act5 and sub8ect
to the approval of the President5 to obtain loans from government lending institutions and other
lending institutions to 9nance its programs4
g3 To negotiate for funds and to accept grants5 donations5 gifts and1or properties in *hatever form
and from *hatever source5 local and international5 sub8ect to the approval of the President of the
Philippines5 for the bene9t of CCs1Ps and administer the same in accordance *ith the terms
thereof4 or in the absence of any condition5 in such manner consistent *ith the interest of CCs1Ps
as *ell as e6isting la*s4
h3 To coordinate development programs and pro8ects for the advancement of the CCs1Ps and to
oversee the proper implementation thereof4
i3 To convene periodic conventions or assemblies of Ps to revie*5 assess as *ell as propose
policies or plans4
83 To advise the President of the Philippines on all matters relating to the CCs1Ps and to submit
*ithin si6ty 2>G3 days after the close of each calendar year5 a report of its operations and
achievements4
)3 To submit to Congress appropriate legislative proposals intended to carry out the policies under
this Act4
l3 To prepare and submit the appropriate budget to the $@ce of the President4
m3 To issue appropriate certi9cation as a pre(condition to the grant of permit5 lease5 grant5 or any
other similar authority for the disposition5 utili0ation5 management and appropriation by any
private individual5 corporate entity or any government agency5 corporation or subdivision thereof
on any part or portion of the ancestral domain ta)ing into consideration the consensus approval of
the CCs1Ps concerned4
n3 To decide all appeals from the decisions and acts of all the various o@ces *ithin the
Commission:
o3 To promulgate the necessary rules and regulations for the implementation of this Act4
p3 To e6ercise such other po*ers and functions as may be directed by the President of the Republic
of the Philippines4 and
73 To represent the Philippine CCs1Ps in all international conferences and conventions dealing *ith
indigenous peoples and other related concerns'
Section B=' Accessibility and Transparency' ( Sub8ect to such limitations as may be provided by la*
or by rules and regulations promulgated pursuant thereto5 all o@cial records5 documents and
papers pertaining to o@cial acts5 transactions or decisions5 as *ell as research data used as basis
for policy development of the Commission shall be made accessible to the public'
Section B>' $@cers *ithin the "CP' ( The "CP shall have the follo*ing o@ces *hich shall be
responsible for the implementation of the policies herein after provided:
a' Ancestral /omains $@ce ( The Ancestral /omain $@ce shall be responsible for the
identi9cation5 delineation and recognition of ancestral land1domains' t shall also be responsible for
the management of ancestral lands1domains in accordance *ith the master plans as *ell as the
implementation of the ancestral domain rights of the CCs1Ps as provided in Chapter of this Act'
t shall also issue5 upon the free and prior informed consent of the CCs1Ps concerned5 certi9cation
prior to the grant of any license5 lease or permit for the e6ploitation of natural resources a?ecting
the interests of CCs1Ps in protecting the territorial integrity of all ancestral domains' t shall
li)e*ise perform such other functions as the Commission may deem appropriate and necessary4
b' $@ce on Policy5 Planning and Research ( The $@ce on Policy5 Planning and Research shall be
responsible for the formulation of appropriate policies and programs for CCs1Ps such as5 but not
limited to5 the development of a :ive(Jear ;aster Plan for the CCs1Ps' Such plan shall undergo a
process such that every 9ve years5 the Commission shall endeavor to assess the plan and ma)e
rami9cations in accordance *ith the changing situations' The $@ce shall also underta)e the
documentation of customary la* and shall establish and maintain a Research Center that *ould
serve as a depository of ethnographic information for monitoring5 evaluation and policy
formulation' t shall assist the legislative branch of the national government in the formulation of
appropriate legislation bene9ting CCs1Ps'
c' $@ce of Education5 Culture and Health ( The $@ce on Culture5 Education and Health shall be
responsible for the e?ective implementation of the education5 cultural and related rights as
provided in this Act' t shall assist5 promote and support community schools5 both formal and non(
formal5 for the bene9t of the local indigenous community5 especially in areas *here e6isting
educational facilities are not accessible to members of the indigenous group' t shall administer all
scholarship programs and other educational rights intended for CC1P bene9ciaries in coordination
*ith the /epartment of Education5 Culture and Sports and the Commission on Higher Education' t
shall underta)e5 *ithin the limits of available appropriation5 a special program *hich includes
language and vocational training5 public health and family assistance program and related
sub8ects'
t shall also identify CCs1Ps *ith potential training in the health profession and encourage and
assist them to enroll in schools of medicine5 nursing5 physical therapy and other allied courses
pertaining to the health profession'
To*ards this end5 the "CP shall deploy a representative in each of the said o@ces *ho shall
personally perform the foregoing tas) and *ho shall receive complaints from the CCs1Ps and
compel action from appropriate agency' t shall also monitor the activities of the "ational ;useum
and other similar government agencies generally intended to manage and preserve historical and
archeological artifacts of the CCs 1Ps and shall be responsible for the implementation of such
other functions as the "CP may deem appropriate and necessary4
d' $@ce on Socio(Economic Services and Special Concerns ( The $@ce on Socio(Economic
Services and Special Concerns shall serve as the $@ce through *hich the "CP shall coordinate
*ith pertinent government agencies specially charged *ith the implementation of various basic
socio(economic services5 policies5 plans and programs a?ecting the CCs1Ps to ensure that the
same are properly and directly en8oyed by them' t shall also be responsible for such other
functions as the "CP may deem appropriate and necessary4
e' $@ce of Empo*erment and Human Rights ( The $@ce of Empo*erment and Human Rights
shall ensure that indigenous socio( political5 cultural and economic rights are respected and
recogni0ed' t shall ensure that capacity building mechanisms are instituted and CCs1Ps are
a?orded every opportunity5 if they so choose5 to participate in all level decision(ma)ing' t shall
li)e*ise ensure that the basic human rights5 and such other rights as the "CP may determine5
sub8ect to e6isting la*s5 rules and regulations are protected and promoted4
f' Administrative $@ce ( The Administrative $@ce shall provide the "CP *ith economical5 e@cient
and e?ective services pertaining to personnel5 9nance5 records5 e7uipment5 security5 supplies5 and
related services' t shall also administer the Ancestral /omains :und4 and
g' #egal A?airs $@ce ( There shall be a #egal A?airs $@ce *hich shall advice the "CP on all legal
matters concerning CCs1Ps and *hich shall be responsible for providing CCs1Ps *ith legal
assistance in litigation involving community interest' t shall conduct preliminary investigation on
the basis of complaints 9led by the CCs1Ps against a natural or 8uridical person believed to have
violated CCs1Ps rights' $n the basis of its 9ndings5 it shall initiate the 9ling of appropriate legal or
administrative action to the "CP'
Section B-' $ther $@ces' ( The "CP shall have the po*er to create additional o@ces as it may
deem necessary sub8ect to e6isting rules and regulations'
Section BF' Regional and :ield $@ces' ( E6isting regional and 9eld o@ces shall remain to function
under the strengthened organi0ational structure of the "CP' $ther 9eld o@ce shall be created
*herever appropriate and the sta@ng pattern thereof shall be determined by the "CP: Provided5
That in provinces *here there are CCs1Ps but *ithout 9eld o@ces5 the "CP shall establish 9eld
o@ces in said provinces'
Section B,' $@ce of the E6ecutive /irector' ( The "CP shall create the $@ce of the E6ecutive
/irector *hich shall serve as its secretariat' The o@ce shall be headed by an E6ecutive /irector
*ho shall be appointed by the President of the Republic of the Philippines upon the
recommendation of the "CP on a permanent basis' The sta@ng pattern of the o@ce shall be
determined by the "CP sub8ect to e6isting rules and regulations'
Section =G' Consultative Body' ( A body consisting of the traditional leaders5 elders and
representatives from the *omen and youth sectors of the di?erent CCs1Ps shall be constituted by
the "CP from the time to time to advise it on matters relating to the problems5 aspirations and
interests of the CCs1Ps'

CHAPTER %
/E#"EAT$" A"/ REC$!"T$" $: A"CESTRA# /$;A"S
Section =&' /elineation and Recognition of Ancestral /omains' ( Self(delineation shall be guiding
principle in the identi9cation and delineation of ancestral domains' As such5 the CCs1Ps
concerned shall have a decisive role in all the activities pertinent thereto' The S*orn Statement of
the Elders as to the Scope of the territories and agreements1pacts made *ith neighboring CCs1Ps5
if any5 *ill be essential to the determination of these traditional territories' The !overnment shall
ta)e the necessary steps to identify lands *hich the CCs1Ps concerned traditionally occupy and
guarantee e?ective protection of their rights of o*nership and possession thereto' ;easures shall
be ta)en in appropriate cases to safeguard the rights of the CCs1Ps concerned to land *hich may
no longer be e6clusively occupied by them5 but to *hich they have traditionally had access for
their subsistence and traditional activities5 particularly of CCs1Ps *ho are still nomadic and1or
shifting cultivators'
Section =.' /elineation Process' ( The identi9cation and delineation of ancestral domains shall be
done in accordance *ith the follo*ing procedures:
a' Ancestral /omains /elineated Prior to this Act ( The provisions hereunder shall not apply to
ancestral domains1lands already delineated according to /E"R Administrative $rder "o' .5 series
of &,,<5 nor to ancestral lands and domains delineated under any other community1ancestral
domain program prior to the enactment of his la*' CCs1Ps enactment of this la* shall have the
right to apply for the issuance of a Certi9cate of Ancestral /omain Title 2CA/T3 over the area
*ithout going through the process outlined hereunder4
b' Petition for /elineation ( The process of delineating a speci9c perimeter may be initiated by the
"CP *ith the consent of the CC1P concerned5 or through a Petition for /elineation 9led *ith the
"CP5 by a ma8ority of the members of the CCs1Ps4
c' /elineation Paper ( The o@cial delineation of ancestral domain boundaries including census of
all community members therein5 shall be immediately underta)en by the Ancestral /omains $@ce
upon 9ling of the application by the CCs1Ps concerned' /elineation *ill be done in coordination
*ith the community concerned and shall at all times include genuine involvement and
participation by the members of the communities concerned4
d' Proof re7uired ( Proof of Ancestral /omain Claims shall include the testimony of elders or
community under oath5 and other documents directly or indirectly attesting to the possession or
occupation of the area since time immemorial by such CCs1Ps in the concept of o*ners *hich
shall be any one 2&3 of the follo*ing authentic documents:
&' Critten accounts of the CCs1Ps customs and traditions4
.' Critten accounts of the CCs1Ps political structure and institution4
<' Pictures sho*ing long term occupation such as those of old improvements5 burial grounds5
sacred places and old villages4
B' Historical accounts5 including pacts and agreements concerning boundaries entered into by the
CCs1Ps concerned *ith other CCs1Ps4
=' Survey plans and s)etch maps4
>' Anthropological data4
-' !enealogical surveys4
F' Pictures and descriptive histories of traditional communal forests and hunting grounds4
,' Pictures and descriptive histories of traditional landmar)s such as mountains5 rivers5 cree)s5
ridges5 hills5 terraces and the li)e4 and
&G' Crite(ups of names and places derived from the native dialect of the community'
e' Preparation of ;aps ( $n the basis of such investigation and the 9ndings of fact based thereon5
the Ancestral /omains $@ce of the "CP shall prepare a perimeter map5 complete *ith technical
descriptions5 and a description of the natural features and landmar)s embraced therein4
f' Report of nvestigation and $ther /ocuments ( A complete copy of the preliminary census and a
report of investigation5 shall be prepared by the Ancestral /omains $@ce of the "CP4
g' "otice and Publication ( A copy of each document5 including a translation in the native language
of the CCs1Ps concerned shall be posted in a prominent place therein for at least 9fteen 2&=3 days'
A copy of the document shall also be posted at the local5 provincial and regional o@ces of the
"CP5 and shall be published in a ne*spaper of general circulation once a *ee) for t*o 2.3
consecutive *ee)s to allo* other claimants to 9le opposition thereto *ithin 9fteen 2&=3 days from
the date of such publication: Provided5 That in areas *here no such ne*spaper e6ists5
broadcasting in a radio station *ill be a valid substitute: Provided5 further5 That mere posting shall
be deemed su@cient if both ne*spaper and radio station are not available4
h' Endorsement to "CP ( Cithin 9fteen 2&=3 days from publication5 and of the inspection process5
the Ancestral /omains $@ce shall prepare a report to the "CP endorsing a favorable action upon
a claim that is deemed to have su@cient proof' Ho*ever5 if the proof is deemed insu@cient5 the
Ancestral /omains $@ce shall re7uire the submission of additional evidence: Provided5 That the
Ancestral /omains $@ce shall re8ect any claim that is deemed patently false or fraudulent after
inspection and veri9cation: Provided5 further5 That in case of re8ection5 the Ancestral /omains
$@ce shall give the applicant due notice5 copy furnished all concerned5 containing the grounds for
denial' The denial shall be appealable to the "CP: Provided5 furthermore5 That in cases *here
there are conDicting claims5 the Ancestral /omains $@ce shall cause the contending parties to
meet and assist them in coming up *ith a preliminary resolution of the conDict5 *ithout pre8udice
to its full ad8udication according to the selection belo*'
i' Turnover of Areas Cithin Ancestral /omains ;anaged by $ther !overnment Agencies ( The
Chairperson of the "CP shall certify that the area covered is an ancestral domain' The secretaries
of the /epartment of Agrarian Reform5 /epartment of Environment and "atural Resources5
/epartment of the nterior and #ocal !overnment5 and /epartment of Eustice5 the Commissioner of
the "ational /evelopment Corporation5 and any other government agency claiming 8urisdiction
over the area shall be noti9ed thereof' Such noti9cation shall terminate any legal basis for the
8urisdiction previously claimed4
8' ssuance of CA/T ( CCs1Ps *hose ancestral domains have been o@cially delineated and
determined by the "CP shall be issued a CA/T in the name of the community concerned5
containing a list of all those identi9ed in the census4 and
)' Registration of CA/Ts ( The "CP shall register issued certi9cates of ancestral domain titles and
certi9cates of ancestral lands titles before the Register of /eeds in the place *here the property is
situated'
Section =<' denti9cation5 /elineation and Certi9cation of Ancestral #ands' (
a' The allocation of lands *ithin any ancestral domain to individual or indigenous corporate 2family
or clan3 claimants shall be left to the CCs1Ps concerned to decide in accordance *ith customs and
traditions4
b' ndividual and indigenous corporate claimants of ancestral lands *hich are not *ithin ancestral
domains5 may have their claims o@cially established by 9ling applications for the identi9cation
and delineation of their claims *ith the Ancestral /omains $@ce' An individual or recogni0ed head
of a family or clan may 9le such application in his behalf or in behalf of his family or clan5
respectively4
c' Proofs of such claims shall accompany the application form *hich shall include the testimony
under oath of elders of the community and other documents directly or indirectly attesting to the
possession or occupation of the areas since time immemorial by the individual or corporate
claimants in the concept of o*ners *hich shall be any of the authentic documents enumerated
under Sec' =. 2d3 of this act5 including ta6 declarations and proofs of payment of ta6es4
d' The Ancestral /omains $@ce may re7uire from each ancestral claimant the submission of such
other documents5 S*orn Statements and the li)e5 *hich in its opinion5 may shed light on the
veracity of the contents of the application1claim4
e' Hpon receipt of the applications for delineation and recognition of ancestral land claims5 the
Ancestral /omains $@ce shall cause the publication of the application and a copy of each
document submitted including a translation in the native language of the CCs1Ps concerned in a
prominent place therein for at least 9fteen 2&=3 days' A copy of the document shall also be posted
at the local5 provincial5 and regional o@ces of the "CP and shall be published in a ne*spaper of
general circulation once a *ee) for t*o 2.3 consecutive *ee)s to allo* other claimants to 9le
opposition thereto *ithin 9fteen 2&=3 days from the date of such publication: Provided5 That in
areas *here no such ne*spaper e6ists5 broadcasting in a radio station *ill be a valid substitute:
Provided5 further5 That mere posting shall be deemed su@cient if both ne*spapers and radio
station are not available
f' :ifteen 2&=3 days after such publication5 the Ancestral /omains $@ce shall investigate and
inspect each application5 and if found to be meritorious5 shall cause a parcellary survey of the area
being claimed' The Ancestral /omains o@ce shall re8ect any claim that is deemed patently false or
fraudulent after inspection and veri9cation' n case of re8ection5 the Ancestral /omains o@ce shall
give the applicant due notice5 copy furnished all concerned5 containing the grounds for denial' The
denial shall be appealable to the "CP' n case of conDicting claims among individual or indigenous
corporate claimants5 the Ancestral domains $@ce shall cause the contending parties to meet and
assist them in coming up *ith a preliminary resolution of the conDict5 *ithout pre8udice to its full
ad8udication according to Sec' >. of this Act' n all proceedings for the identi9cation or delineation
of the ancestral domains as herein provided5 the /irector of #ands shall represent the interest of
the Republic of the Philippines4 and
g' The Ancestral /omains $@ce shall prepare and submit a report on each and every application
surveyed and delineated to the "CP5 *hich shall5 in turn5 evaluate or corporate 2family or clan3
claimant over ancestral lands'
Section =B' :raudulent Claims' ( The Ancestral /omains $@ce may5 upon *ritten re7uest from the
CCs1Ps5 revie* e6isting claims *hich have been fraudulently ac7uired by any person or
community' Any claim found to be fraudulently ac7uired by5 and issued to5 any person or
community may be cancelled by the "CP after due notice and hearing of all parties concerned'
Section ==' Communal Rights' ( Sub8ect to Section => hereof5 areas *ithin the ancestral domains5
*hether delineated or not5 shall be presumed to be communally held: Provide5 That communal
rights under this Act shall not be construed as co(o*nership as provided in Republic Act' "o' <F>5
other*ise )no*n as the "e* Civil Code'
Section =>' E6isting Property Rights Regimes' ( Property rights *ithin the ancestral domains
already e6isting and1or vested upon e?ectivity of this Act5 shall be recogni0ed and respected'
Section =-' "atural Resources *ithin Ancestral /omains' ( The CCs1Ps shall have the priority
rights in the harvesting5 e6traction5 development or e6ploitation of any natural resources *ithin
the ancestral domains' A non(member of the CCs1Ps concerned may be allo*ed to ta)e part in
the development and utili0ation of the natural resources for a period of not e6ceeding t*enty(9ve
2.=3 years rene*able for not more than t*enty(9ve 2.=3 years: Provided5 That a formal and *ritten
agreement is entered into *ith the CCs1Ps concerned or that the community5 pursuant to its o*n
decision ma)ing process5 has agreed to allo* such operation: Provided5 9nally5 That the all
e6tractions shall be used to facilitate the development and improvement of the ancestral domains'
Section =F' Environmental Consideration' ( Ancestral domains or portion thereof5 *hich are found
necessary for critical *atersheds5 mangroves *ildlife sanctuaries5 *ilderness5 protected areas5
forest cover5 or reforestation as determined by the appropriate agencies *ith the full participation
of the CCs1Ps concerned shall be maintained5 managed and developed for such purposes' The
CCs1Ps concerned shall be given the responsibility to maintain5 develop5 protect and conserve
such areas *ith the full and e?ective assistance of the government agencies' Should the CCs1Ps
decide to transfer the responsibility over the areas5 said decision must be made in *riting' The
consent of the CCs1Ps should be arrived at in accordance *ith its customary la*s *ithout
pre8udice to the basic re7uirement of the e6isting la*s on free and prior informed consent:
Provided5 That the transfer shall be temporary and *ill ultimately revert to the CCs1Ps in
accordance *ith a program for technology transfer: Provided5 further5 That no CCs1Ps shall be
displaced or relocated for the purpose enumerated under this section *ithout the *ritten consent
of the speci9c persons authori0ed to give consent'
Section =,' Certi9cation Precondition' ( all department and other governmental agencies shall
henceforth be strictly en8oined from issuing5 rene*ing5 or granting any concession5 license or
lease5 or entering into any production(sharing agreement5 *ithout prior certi9cation from the "CP
that the area a?ected does not overlap *ith any ancestral domain' Such certi9cate shall only be
issued after a 9eld(based investigation is conducted by the Ancestral /omain $@ce of the area
concerned: Provided5 That no certi9cate shall be issued by the "CP *ithout the free and prior
informed and *ritten consent of the CCs1Ps concerned: Provided5 further5 That no department5
government agency or government(o*ned or (controlled corporation may issue ne* concession5
license5 lease5 or production sharing agreement *hile there is pending application CA/T: Provided5
9nally5 That the CCs1Ps shall have the right to stop or suspend5 in accordance *ith this Act5 any
pro8ect that has not satis9ed the re7uirement of this consultation process'
Section >G' E6emption from Ta6es' ( All lands certi9ed to be ancestral domains shall be e6empt
from real property ta6es5 specially levies5 and other forms of e6action e6cept such portion of the
ancestral domains as are actually used for large(scale agriculture5 commercial forest plantation
and residential purposes and upon titling by other by private person: Provided5 that all e6actions
shall be used to facilitate the development and improvement of the ancestral domains'
Section >&' Temporary Re7uisition Po*ers' ( Prior to the establishment of an institutional surveying
capacity *hereby it can e?ectively ful9ll its mandate5 but in no case beyond three 2<3 years after
its creation5 the "CP is hereby authori0ed to re7uest the /epartment of Environment and "atural
Resources 2/E"R3 survey teams as *ell as other e7ually capable private survey teams5 through a
;emorandum of Agreement 2;$A35 to delineate ancestral domain perimeters' The /E"R Secretary
shall accommodate any such re7uest *ithin one 2&3 month of its issuance: Provided5 That the
;emorandum of Agreement shall stipulate5 among others5 a provision for technology transfer to
the "CP'
Section >.' Resolution of ConDicts' ( n cases of conDicting interest5 *here there are adverse
claims *ithin the ancestral domains as delineated in the survey plan5 and *hich cannot be
resolved5 the "CP shall hear and decide5 after notice to the proper parties5 the disputes arising
from the delineation of such ancestral domains: Provided5 That if the dispute is bet*een and1or
among CCs1Ps regarding the traditional boundaries of their respective ancestral domains5
customary process shall be follo*ed' The "CP shall promulgate the necessary rules and
regulations to carry out its ad8udicatory functions: Provided5 further5 That in any decision5 order5
a*ard or ruling of the "CP on any ancestral domain dispute or on any matter pertaining to the
application5 implementation5 enforcement and interpretation of this Act may be brought for
Petition for Revie* to the Court of Appeals *ithin 9fteen 2&=3 days from receipt of a copy thereof'
Section ><' Applicable #a*s' ( Customary la*s5 traditions and practices of the CCs1Ps of the land
*here the conDict arises shall be applied 9rst *ith respect to property rights5 claims and
o*nerships5 hereditary succession and settlement of land disputes' Any doubt or ambiguity in the
application of la*s shall be resolved in favor of the CCs1Ps'
Section >B' Remedial ;easures' ( E6propriation may be resorted to in the resolution of conDicts of
interest follo*ing the principle of the +common good+' The "CP shall ta)e appropriate legal action
for the cancellation of o@cially documented titles *hich *ere ac7uired illegally: Provided5 That
such procedure shall ensure that the rights of possessors in good faith shall be respected:
Provided5 further5 That the action for cancellation shall be initiated *ithin t*o 2.3 years from the
e?ectivity of this Act: Provided5 9nally5 That the action for reconveyance shall be a period of ten
2&G3 years in accordance *ith e6isting la*s'

CHAPTER M
EHRS/CT$" A"/ PR$CE/HRES :$R E":$RCE;E"T $: R!HTS
Section >=' Primary of Customary #a*s and Practices' ( Chen disputes involve CCs1Ps5 customary
la*s and practices shall be used to resolve the dispute'
Section >>' Eurisdiction of the "CP' ( The "CP5 through its regional o@ces5 shall have 8urisdiction
over all claims and disputes involving rights of CCs1Ps4 Provided5 ho*ever5 That no such dispute
shall be brought to the "CP unless the parties have e6hausted all remedies provided under their
customary la*s' :or this purpose5 a certi9cation shall be issued by the Council of Elders1#eaders
*ho participated in the attempt to settle the dispute that the same has not been resolved5 *hich
certi9cation shall be a condition precedent to the 9ling of a petition *ith the "CP'
Section >-' Appeals to the Court of Appeals' ( /ecisions of the "CP shall be appealable to the
Court of Appeals by *ay of a petition for revie*'
Section >F' E6ecution of /ecisions5 A*ards5 $rders' ( Hpon e6piration of the period here provided
and no appeal is perfected by any of the contending parties5 the Hearing $@cer of the "CP5 on its
o*n initiative or upon motion by the prevailing party5 shall issue a *rit of e6ecution re7uiring the
sheri? or the proper o@cer to e6ecute 9nal decisions5 orders or a*ards of the Regional Hearing
$@cer of the "CP'
Section >,' Luasi(Eudicial Po*ers of the "CP' ( The "CP shall have the po*er and authority:
a' To promulgate rules and regulations governing the hearing and disposition of cases 9led before
it as *ell as those pertaining to its internal functions and such rules and regulations as may be
necessary to carry out the purposes of this Act4
b' To administer oaths5 summon the parties to a controversy5 issue subpoenas re7uiring the
attendance and testimony of *itnesses or the production of such boo)s5 papers5 contracts5
records5 agreements and other document of similar nature as may be material to a 8ust
determination of the matter under investigation or hearing conducted in pursuance of this Act4
c' To hold any person in contempt5 directly or indirectly5 and impose appropriate penalties therefor4
and
d' To en8oin any or all acts involving or arising from any case pending therefore it *hich5 if not
restrained forth*ith5 may cause grave or irreparable damage to any of the parties to the case or
seriously a?ect social or economic activity'
Section -G' "o restraining $rder or Preliminary n8unction' ( "o inferior court of the Philippines shall
have the 8urisdiction to issue any restraining order or *rit of preliminary in8unction against the
"CP or any of its duly authori0ed or designated o@ces in any case5 dispute or controversy to5 or
interpretation of this Act and other pertinent la*s relating to CCs1Ps and ancestral domains'

CHAPTER M
A"CESTRA# /$;A"S :H"/
Section -&' Ancestral /omains :und' ( There is hereby created a special fund5 to be )no*n as the
Ancestral /omains :und5 an initial amount of the $ne Hundred thirty million pesos2P&<G5GGG5GGG3
to cover compensation for e6propriated lands5 delineation and development of ancestral domains'
An amount of :ifty million pesos 2P=G5GGG5GGG3 shall be sourced from the gross income of the
Philippine Charity S*eepsta)es $@ce 2PCS$3 from its lotto operation5 Ten millions pesos
2P&G5GGG5GGG3 from the gross receipts of the travel ta6 of the preceding year5 the fund of the Social
Reform Council intended for survey and delineation of ancestral lands1domains5 and such other
source as the government may be deem appropriate' Thereafter such amount shall be included in
the annual !eneral Appropriations Act' :oreign as *ell as local funds *hich are made available for
the CCs1Ps through the government of the Philippines shall be coursed through the "CP' The "CP
may also solicit and receive donations5 endo*ments shall be e6empted from income or gift ta6es
and all other ta6es5 charges or fees imposed by the government or any political subdivision or
instrumentality thereof'

CHAPTER M
PE"A#TES
Section -.' Punishable Acts and Applicable Penalties' ( Any person *ho commits violation of any of
the provisions of this Act5 such as5 but not limited to5 authori0ed and1or unla*ful intrusion upon
any ancestral lands or domains as stated in Sec' &G5 Chapter 5 or shall commit any of the
prohibited acts mentioned in Sections .& and .B5 Chapter %5 Section <<5 Chapter % hereof5 shall
be punished in accordance *ith the customary la*s of the CCs1Ps concerned: Provided5 That no
such penalty shall be cruel5 degrading or inhuman punishment: Provided5 further5 That neither
shall the death penalty or e6cessive 9nes be imposed' This provision shall be *ithout pre8udice to
the right of any CCs1Ps to avail of the protection of e6isting la*s' n *hich case5 any person *ho
violates any provision of this Act shall5 upon conviction5 be punished by imprisonment of not less
than nine 2,3 months but not more than t*elve 2&.3 years or a 9ne not less than $ne hundred
thousand pesos 2P&GG5GGG3 nor more than :ive hundred thousand pesos 2P=GG5GGG3 or both such
9ne and imprisonment upon the discretion of the court' n addition5 he shall be obliged to pay to
the CCs1Ps concerned *hatever damage may have been su?ered by the latter as a conse7uence
of the unla*ful act'
Section -<' Persons Sub8ect to Punishment' ( f the o?ender is a 8uridical person5 all o@cers such
as5 but not limited to5 its president5 manager5 or head of o@ce responsible for their unla*ful act
shall be criminally liable therefor5 in addition to the cancellation of certi9cates of their registration
and1or license: Provided5 That if the o?ender is a public o@cial5 the penalty shall include perpetual
dis7uali9cation to hold public o@ce'

CHAPTER M
;ER!ER $: THE $::CE :$R "$RTHER" CH#THRA# C$;;H"TES 2$"CC3 A"/ THE $::CE :$R
S$HTHER" CH#THRA# C$;;H"TES 2$SCC3
Section -B' ;erger of $"CC1$SCC' ( The $@ce for "orthern Cultural Communities 2$"CC3 and the
$@ce of Southern Cultural Communities 2$SCC35 created under E6ecutive $rder "os' &..(B and
&..(C respectively5 are hereby merged as organic o@ces of the "CP and shall continue to function
under a revitali0ed and strengthened structures to achieve the ob8ectives of the "CP: Provided5
That the positions of Regional /irectors and belo*5 are hereby phased(out upon the e?ectivity of
this Act: Provided5 further5 That o@cials and employees of the phased(out o@ces *ho may be
7uali9ed may apply for reappointment *ith the "CP and may be given prior rights in the 9ling up
of the ne*ly created positions of "CP5 sub8ect to the 7uali9cations set by the Placement
Committee: Provided5 furthermore5 That in the case *here an indigenous person and a non(
indigenous person *ith similar 7uali9cations apply for the same position5 priority shall be given to
the former' $@cers and employees *ho are to be phased(out as a result of the merger of their
o@ces shall be entitled to gratuity a rate e7uivalent to one and a half 2& &1.3 months salary for
every year of continuous and satisfactory service rendered or the e7uivalent nearest fraction
thereof favorable to them on the basis of the highest salary received' f they are already entitled to
retirement bene9ts or the gratuity herein provided' $@cers and employees *ho may be reinstated
shall refund such retirement bene9ts or gratuity received: Provided5 9nally That absorbed
personnel must still meet the 7uali9cations and standards set by the Civil Service and the
Placement Committee herein created'
Section -=' Transition Period' ( The $"CC1$SCC shall have a period of si6 2>3 months from the
e?ectivity of this Act *ithin *hich to *ind up its a?airs and to conduct audit of its 9nances'
Section ->' Transfer of Assets1Properties' ( All real and personal properties *hich are vested in5 or
belonging to5 the merged o@ces as aforestated shall be transferred to the "CP *ithout further
need of conveyance5 transfer or assignment and shall be held for the same purpose as they *ere
held by the former o@ces: Provided5 That all contracts5 records and documents shall be transferred
to the "CP' All agreements and contracts entered into by the merged o@ces shall remain in full
force and e?ect unless other*ise terminated5 modi9ed or amended by the "CP'
Section --' Placement Committee' ( Sub8ect to rules on government reorgani0ation5 a Placement
Committee shall be created by the "CP5 in coordination *ith the Civil Service Commission5 *hich
shall assist in the 8udicious selection and placement of personnel in order that the best 7uali9ed
and most deserving persons shall be appointed in the reorgani0ed agency' The placement
Committee shall be composed of seven 2-3 commissioners and an CCs1Ps representative from
each of the 9rst and second level employees association in the $@ces for "orthern and Southern
Cultural Communities 2$"CC1$SCC35 nongovernment organi0ations 2"!$s3 *ho have served the
community for at least 9ve 2=3 years and peoples organi0ations 2P$s3 *ith at least 9ve 2=3 years of
e6istence' They shall be guided by the criteria of retention and appointment to be prepared by the
consultative body and by the pertinent provisions of the civil service la*'

CHAPTER M
:"A# PR$%S$"S
Section -F' Special Provision' ( The City of Baguio shall remain to be governed by its Chapter and
all lands proclaimed as part of its to*nsite reservation shall remain as such until other*ise
reclassi9ed by appropriate legislation: Provided5 That prior land rights and titles recogni0ed and1or
re7uired through any 8udicial5 administrative or other processes before the e?ectivity of this Act
shall remain valid: Provided5 further5 That this provision shall not apply to any territory *hich
becomes part of the City of Baguio after the e?ectivity of this Act'
Section -,' Appropriations' ( The amount necessary to 9nance the initial implementation of this
Act shall be charged against the current yearAs appropriation of the $"CC and the $SCC'
Thereafter5 such sums as may be necessary for its continued implementation shall be included in
the annual !eneral Appropriations Act'
Section FG' mplementing Rules and Regulations' ( Cithin si6ty 2>G3 days immediately after
appointment5 the "CP shall issue the necessary rules and regulations5 in consultation *ith the
Committees on "ational Cultural Communities of the House of Representatives and the Senate5 for
the e?ective implementation of this Act'
Section F&' Saving Clause' ( This Act *ill not in any manner adversely a?ect the rights and
bene9ts of the CCs1Ps under other conventions5 recommendations5 international treaties5 national
la*s5 a*ards5 customs and agreements'
Section F.' Separability Clause' ( n case any provision of this Act or any portion thereof is
declared unconstitutional by a competent court5 other provisions shall not be a?ected thereby'
Section F<' Repealing Clause' ( Presidential /ecree "$' B&G5 E6ecutive $rder "os' &..(B and &..(
C5 and all other la*s5 decrees5 orders5 rules and regulations or parts thereof inconsistent *ith this
Act are hereby repealed or modi9ed accordingly'
Section FB' E?ectivity' ( This Act shall ta)e e?ect 9fteen days 2&=3 days upon its publication in the
$@cial !a0ette or in any t*o 2.3 ne*spapers of general circulation'
Approved: ., $ctober &,,-'
CASE DIGEST ON BARLIN V. RAMIREZ [7 P 41] -
F: The def. R!"#$e% h!&#'( )ee' !**+#',ed )- ,he *.,ff *!$#/h *$#e/, ,++0 *+//e//#+' +f ,he 1h2$1h +' 734351.
6e !d"#'#/,e$ed #f !/ /21h 2'de$ ,he +$de$/ +f h#/ /2*e$#+$/ 2',#. 11314357. 6#/ /211e//+$ h!&#'( )ee' ,he'
!**+#',ed ,he .!,,e$ "!de ! de"!'d +' ,h#/ def. f+$ ,he de.#&e$- ,+ h#" +f ,he 1h2$1h 1+'&e', !'d 1e"e,e$-
!'d ,he /!1$ed +$'!"e',/ )++0/ 8e9e./ "+'e- !'d +,he$ *$+*. +f ,he 1h2$1h. The def. )- ! 9$#,,e' d+12"e',
+f ,h!, d!,e $ef2/ed ,+ "!0e /21h de.#&e$- /,!,#'( ,h!, :,he ,+9' +f L!(+'+- #' 1+'82'1,#+' 93 ,he *!$#/h *$#e/,
+f ,he$e+f h!/ /ee' f#, ,+ /e&e$ 1+''e1,#+' 93 ,he P+*e !, R+"e !'d h#/ $e*$e/e',!,#&e/ #' ,he/e I/.!'d/ !'d ,+
8+#' ,he F#.#*#'+ Ch2$1h ,he he!d +f 931 #/ !, M.!.
I' 134 ,he *.,ff. )$+2(h, ,h#/ !1,#+' !(!#'/, def. !..e(#'( #' h#/ !"e'ded 1+"*.!#', ,h!, ,he R+"!' C!,h+.#1
Ch2$1h 9!/ ,he +9'e$ +f ,he 1h2$1h ).d( ,he 1+'&e', 1e"e,e$- ,he )++0/ "+'e- !'d +,he$ *$+*. )e.+'(#'(
,he$e,+ !'d !/0#'( ,h!, #, )e $e/,+$ed ,+ ,he *+//e//#+' ,he$e+f !'d ,h!, ,he def. $e'de$ !' !11+2', +f ,he *$+*.
931 he h!d $e1e#&ed !'d 931 9!/ $e,!#'ed )- h#" !'d f+$ +,he$ $e.#ef. The CFI-A")+/ C!"!$#'e/ $2.ed #' f!&+$
+f ,he *.,ff.
6ELD: I, #/ /2((e/,ed )- ,he !**e..!', ,h!, ,he R+"!' C!,h+.#1 Ch2$1h h!/ '+ .e(!. *e$/+'!.#,- #' ,he Ph#.#**#'e
I/.!'d/. Th#/ /2((e/,#+' "!de 9#,h $efe$e'1e ,+ !' #'/,#,2,#+' 931 !',ed!,e/ )- !."+/, ! ,h+2/!'d -e!$/ !'-
+,he$ *e$/+'!.#,- #' E2$+*e !'d 931 e;#/,ed :9he' G$e1#!' e.+<2e'1e /,#.. f.+2$#/hed #' A',#+1h !'d 9he' #d+./
9e$e /,#.. 9+$/h#**ed #' ,he ,e"*.e +f Me11!: d+e/ '+, $e<2#$e /e$#+2/ 1+'/#de$!,#+'.
Art' BB' The follo*ing are 8uridical persons:
2&3 The State and its political subdivisions
2.3 $ther corporations5 institutions and entities for public interest or purpose5 created by la*4 their
personality begins as soon as they have been constituted according to la*4
2<3 Corporations5 partnerships and associations for private interest or purpose to *hich the la*
grants a 8uridical personality5 separate and distinct from that of each shareholder5 partner or
member'
Balane: A 8uridical person is an organic unit resulting from a group of persons or mass or property
to *1c the State grants or recogni0es personality and capacity to hold patrimonial rights
independent of those of component members' ()*t Go+er,- .uri/ic*l Per-o,-.0( The State is
governed by the provisions of the Consti4 provinces and municipalities are governed by the #ocal
!ovAt Code and the Revised Admin' Code4 and chartered cities5 by their respective
charters'Corporations created by special charter are governed primarily by such charter4 and those
created under general la* are governed by the Corporation Code'
Art' B>' Euridical persons may ac7uire and possess property of all )inds5 as *ell as incur obligations
and bring civil or criminal actions5 in conformity *ith the la*s and regulations of their organi0ation'
Tolentino: Capacity of Euridical Persons'(( The 8uridical person is not completely at par *1 natural
persons as to capacity5 bec' it cannot e6ercise rights *1c presuppose physical e6istence5 such as
family rights5 ma)ing of *ills5 etc'
E6tinguishment of Capacity'(( The 8uridical capacity of arti9cial persons is e6tinguished upon the
termination of its e6istence in accordance *1 the la* governing it or *1 its articles of asso' or
incorp'
G.R. No. L-45987 May 5, 1939
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
CAYAT, defendant-appellant.
Sinai Hamada y Cario for appellant.
Office of the Solicitor-General Tuason for appellee.
MORAN, J.:
Prosecuted for violation of Act No. 1639 (secs. 2 and 3), the accused, Caat, a native of !a"uio, !en"uet, #ountain
Province, $as sentenced % the &ustice of the peace court of !a"uio to pa a fine of five pesos (P') or suffer
su%sidiar i(prison(ent in case of insolvenc. )n appeal of the Court of *irst +nstance, the follo$in" infor(ation
$as filed a"ainst hi(,
-hat on or a%out the 2'th da of .anuar, 193/, in the Cit of !a"uio, Co((on$ealth of the Philippines, and
$ithin the &urisdiction of this court, the a%ove-na(ed accused, Caat, %ein" a (e(%er of the non-Christian
tri%es, did then and there $illfull, unla$full, and ille"all receive, ac0uire, and have in his possession and
under his control or custod, one %ottle of A-1-1 "in, an into1icatin" li0uor, other than the so-called native
$ines and li0uors $hich the (e(%ers of such tri%es have %een accusto(ed the(selves to (a2e prior to the
passa"e of Act No. 1639.
Accused interposed a de(urrer $hich $as overruled. At the trial, he ad(itted all the facts alle"ed in the infor(ation,
%ut pleaded not "uilt to the char"e for the reasons adduced in his de(urrer and su%(itted the case on the pleadin"s.
-he trial court found hi( "uilt of the cri(e char"ed and sentenced hi( to pa a fine of fift pesos (P'3) or supper
su%sidiar i(prison(ent in case of insolvenc. -he case is no$ %efore this court on appeal. 4ections 2 and 3 of Act
No. 1639 read,
45C. 2. +t shall %e unla$ful for an native of the Philippine +slands $ho is a (e(%er of a non-Christian tri%e
$ithin the (eanin" of the Act Nu(%ered -hirteen hundred and ninet-seven, to %u, receive, have in his
possession, or drin2 an ardent spirits, ale, %eer, $ine, or into1icatin" li0uors of an 2ind, other than the so-
called native $ines and li0uors $hich the (e(%ers of such tri%es have %een accusto(ed the(selves to (a2e
prior to the passa"e of this Act, e1cept as provided in section one hereof6 and it shall %e the dut of an police
officer or other dul authori7ed a"ent of the +nsular or an provincial, (unicipal or to$nship "overn(ent to
sei7e and forth$ith destro an such li0uors found unla$full in the possession of an (e(%er of a non-
Christian tri%e.
45C. 3. An person violatin" the provisions of section one or section t$o of this Act shall, upon conviction
thereof, %e punisha%le for each offense % a fine of not e1ceedin" t$o hundred pesos or % i(prison(ent for
a ter( not e1ceedin" si1 (onths, in the discretion of the court.
-he accused challen"es the constitutionalit of the Act on the follo$in" "rounds,
(1) -hat it is discri(inator and denies the e0ual protection of the la$s6
(2) -hat it is violative of the due process clause of the Constitution, and.
(3) -hat it is i(proper e1ercise of the police po$er of the state.
Counsel for the appellant holds out his %rief as the 8%rief for the non-Christian tri%es.8 +t is said that as these less
civili7ed ele(ents of the *ilipino population are 8&ealous of their ri"hts in a de(ocrac,8 an atte(pt to treat the(
$ith discri(ination or 8(ar2 the( as inferior or less capa%le rate or less entitled8 $ill (eet $ith their instant
challen"e. As the constitutionalit of the Act here involved is 0uestioned for purposes thus (entioned, it %eco(es
i(perative to e1a(ine and resolve the issues raised in the li"ht of the polic of the "overn(ent to$ards the non-
Christian tri%es adopted and consistentl follo$ed fro( the 4panish ti(es to the present, (ore often $ith sacrifice and
tri%ulation %ut al$as $ith conscience and hu(anit.
As earl as 1''1, the 4panish 9overn(ent had assu(ed an unvarin" solicitous attitude to$ard these inha%itants, and
in the different la$s of the +ndies, their concentration in so-called 8reducciones8 (co((unities) have %een persistentl
atte(pted $ith the end in vie$ of accordin" the( the 8spiritual and te(poral %enefits8 of civili7ed life. -hrou"hout
the 4panish re"i(e, it had %een re"arded % the 4panish 9overn(ent as a sacred 8dut to conscience and hu(anit8
to civili7e these less fortunate people livin" 8in the o%scurit of i"norance8 and to accord the( the 8the (oral and
(aterial advanta"es8 of co((unit life and the 8protection and vi"ilance afforded the( % the sa(e la$s.8 (:ecree of
the 9overnor-9eneral of the Philippines, .an. 1;, 1<</.) -his polic had not %een deflected fro( durin" the A(erican
period. President #c=inle in his instructions to the Philippine Co((ission of April /, 1933, said,
+n dealin" $ith the uncivili7ed tri%es of the +slands, the Co((ission should adopt the sa(e course follo$ed
% Con"ress in per(ittin" the tri%es of our North A(erican +ndians to (aintain their tri%al or"ani7ation and
"overn(ent, and under $hich (an of those tri%es are no$ livin" in peace and content(ent, surrounded %
civili7ation to $hich the are una%le or un$illin" to confor(. 4uch tri%al "overn(ent should, ho$ever, %e
su%&ected to $ise and fir( re"ulation6 and, $ithout undue or pett interference, constant and active effort
should %e e1ercised to prevent %ar%arous practices and introduce civili7ed custo(s.
4ince then and up to the present, the "overn(ent has %een constantl ve1ed $ith the pro%le( of deter(inin" 8those
practica%le (eans of %rin"in" a%out their advance(ent in civili7ation and (aterial prosperit.8 (See, Act No. 2'3.)
8Placed in an alternative of either lettin" the( alone or "uidin" the( in the path of civili7ation,8 the present
"overn(ent 8has chosen to adopt the latter (easure as one (ore in accord $ith hu(anit and $ith the national
conscience.8 (#e(orandu( of 4ecretar of the +nterior, 0uoted in >u%i vs. Provincial !oard of #indoro, 39 Phil.,
663, /1;.) -o this end, their ho(es and firesides have %een %rou"ht in contact $ith civili7ed co((unities throu"h a
net$or2 of hi"h$as and co((unications6 the %enefits of pu%lic education have to the( %een e1tended6 and (ore
latel, even the ri"ht of suffra"e. And to co(ple(ent this polic of attraction and assi(ilation, the ?e"islature has
passed Act No. 1639 undou%tedl to secure for the( the %lessin"s of peace and har(on6 to facilitate, and not to (ar,
their rapid and stead (arch to civili7ation and culture. +t is, therefore, in this li"ht that the Act (ust %e understood
and applied.
+t is an esta%lished principle of constitutional la$ that the "uarant of the e0ual protection of the la$s is not e0ual
protection of the la$s is not violated % a le"islation %ased on reasona%le classification. And the classification, to %e
reasona%le, (1) (ust rest on su%stantial distinctions6 (2) (ust %e "er(ane to the purposes of the la$6 (3) (ust not %e
li(ited to e1istin" conditions onl6 and (;) (ust appl e0uall to all (e(%ers of the sa(e class. (!or"nis vs.*al2 Co.,
133 N.@., 2396 ?indsle vs. Natural Car%onic 9as Co., 223 A.4. 616 '' ?a$. ed., >u%i vs. Provincial !oard of
#indoro, 39 Phil., 6636 People and Bon"2on" C 4han"hai !an2in" Corporation vs. Dera and Cu An&ien", 3/ )ff. 9a7
., 1</.)
Act No. 1639 satisfies these re0uire(ents. -he classification rests on real and su%stantial, not (erel i(a"inar or
$hi(sical, distinctions. +t is not %ased upon 8accident of %irth or parenta"e,8 as counsel to the appellant asserts, %ut
upon the de"ree of civili7ation and culture. 8-he ter( Enon-Christian tri%esE refers, not to reli"ious %elief, %ut, in a
$a, to the "eo"raphical area, and, (ore directl, to natives of the Philippine +slands of a lo$ "rade of civili7ation,
usuall livin" in tri%al relationship apart fro( settled co((unities.8 (>u%i vs. Provincial !oard of #indoro, supra.)
-his distinction is un0uestiona%l reasona%le, for the Act $as intended to (eet the peculiar conditions e1istin" in the
non-Christian tri%es. -he e1ceptional cases of certain (e(%ers thereof $ho at present have reached a position of
cultural e0ualit $ith their Christian %rothers, cannot affect the reasona%leness of the classification thus esta%lished.
-hat it is "er(ane to the purposes of la$ cannot %e dou%ted. -he prohi%ition 8to %u, receive, have in his possession,
or drin2 an ardent spirits, ale, %eer, $ine, or into1icatin" li0uors of an 2ind, other than the so-called native $ines
and li0uors $hich the (e(%ers of such tri%es have %een accusto(ed the(selves to (a2e prior to the passa"e of this
Act.,8 is un0uestiona%l desi"ned to insure peace and order in and a(on" the non-Christian tri%es. +t has %een the sad
e1perience of the past, as the o%servations of the lo$er court disclose, that the free use of hi"hl into1icatin" li0uors
% the non-Christian tri%es have often resulted in la$lessness and cri(es, there% ha(perin" the efforts of the
"overn(ent to raise their standard of life and civili7ation.
-he la$ is not li(ited in its application to conditions e1istin" at the ti(e of its enact(ent. +t is intended to appl for
all ti(es as lon" as those conditions e1ist. -he Act $as not predicated, as counsel for appellant asserts, upon the
assu(ption that the non-Christians are 8i(per(ea%le to an civili7in" influence.8 )n the contrar, the ?e"islature
understood that the civili7ation of a people is a slo$ process and that hand in hand $ith it (ust "o (easures of
protection and securit.
*inall, that the Act applies e0uall to all (e(%ers of the class is evident fro( a perusal thereof. -hat it (a %e unfair
in its operation a"ainst a certain nu(%er non-Christians % reason of their de"ree of culture, is not an ar"u(ent a"ainst
the e0ualit of its application.
Appellants contends that that provision of the la$ e(po$erin" an police officer or other dul authori7ed a"ent of the
"overn(ent to sei7e and forth$ith destro an prohi%ited li0uors found unla$full in the possession of an (e(%er
of the non-Christian tri%es is violative of the due process of la$ provided in the Constitution. !ut this provision is not
involved in the case at %ar. !esides, to constitute due process of la$, notice and hearin" are not al$as necessar. -his
rule is especiall true $here (uch (ust %e left to the discretion of the ad(inistrative officials in applin" a la$ to
particular cases. (#c9ehee, :ue Process of ?a$ p. 3/1, cited $ith approval in >u%ivs. Provincial !oard of
#indoro, supra.) :ue process of la$ (eans si(pl, (1) that there shall %e a la$ prescri%ed in har(on $ith the
"eneral po$ers of the le"islative depart(ent of the "overn(ent6 (2) that it shall %e reasona%le in its operation6 (3) that
it shall %e enforced accordin" to the re"ular (ethods of procedure prescri%ed6 and (;) that it shall %e applica%le ali2e
to all citi7ens of the state or to all of the class. (A.4. vs. ?in" 4u *an, 13 Phil., 13;, affir(ed on appeal % the Anited
4tates 4upre(e Court, 21< A.4., 332, '; ?a$. ed., 13;9.) -hus, a personEs propert (a %e sei7ed % the "overn(ent
in pa(ent of ta1es $ithout &udicial hearin"6 or propert used in violation of la$ (a %e confiscated (A.4. vs. 4urla,
23 Phil., 163, 16/), or $hen the propert constitutes corpus delicti, as in the instant case (#oreno vs. A"o Chi, 12
Phil., ;39, ;;2).
Neither is the Act an i(proper e1ercise of the police po$er of the state. +t has %een said that the police po$er is the
(ost insistent and least li(ita%le of all po$ers of the "overn(ent. +t has %een aptl descri%ed as a po$er co-e1tensive
$ith self-protection and constitutes the la$ of overrulin" necessit. An (easure intended to pro(ote the health,
peace, (orals, education and "ood order of the people or to increase the industries of the state, develop its resources
and add to its $ealth and prosperit (!ar%ier vs. Connoll, 113 A.4., 2/), is a le"iti(ate e1ercise of the police po$er,
unless sho$n to %e $hi(sical or capricious as to undul interfere $ith the ri"hts of an individual, the sa(e (ust %e
upheld.
Act No. 1639, as a%ove stated, is desi"ned to pro(ote peace and order in the non-Christian tri%es so as to re(ove all
o%stacles to their (oral and intellectual "ro$th and, eventuall, to hasten their e0uali7ation and unification $ith the
rest of their Christian %rothers. +ts ulti(ate purpose can %e no other than to unif the *ilipino people $ith a vie$ to a
"reater Philippines.
-he la$, then, does not see2 to (ar2 the non-Christian tri%es as 8an inferior or less capa%le race.8 )n the contrar, all
(easures thus far adopted in the pro(otion of the pu%lic polic to$ards the( rest upon a reco"nition of their inherent
ri"ht to e0ualit in tht en&o(ent of those privile"es no$ en&oed % their Christian %rothers. !ut as there can %e no
true e0ualit %efore the la$, if there is, in fact, no e0ualit in education, the "overn(ent has endeavored, %
appropriate (easures, to raise their culture and civili7ation and secure for the( the %enefits of their pro"ress, $ith the
ulti(ate end in vie$ of placin" the( $ith their Christian %rothers on the %asis of true e0ualit. +t is indeed "ratifin"
that the non-Christian tri%es 8far fro( retro"radin", are definitel assertin" the(selves in a co(petitive $orld,8 as
appellantEs attorne i(pressivel avers, and that the are 8a virile, up-and -co(in" people ea"er to ta2e their place in
the $orldEs social sche(e.8 As a (atter of fact, there are no$ la$ers, doctors and other professionals educated in the
%est institutions here and in A(erica. -heir active participation in the (ultifarious $elfare activities of co((unit life
or in the delicate duties of "overn(ent is certainl a source of pride and "ratification to people of the Philippines. !ut
$hether conditions have so chan"ed as to $arrant a partial or co(plete a%ro"ation of the la$, is a (atter $hich rests
e1clusivel $ithin the prero"ative of the National Asse(%l to deter(ine. +n the constitutional sche(e of our
"overn(ent, this court can "o no farther than to in0uire $hether the ?e"islature had the po$er to enact the la$. +f the
po$er e1ists, and $e hold it does e1ist, the $isdo( of the polic adopted, and the ade0uac under e1istin" conditions
of the (easures enacted to for$ard it, are (atters $hich this court has no authorit to pass upon. And, if in the
application of the la$, the educated non-Christians shall incidentall suffer, the &ustification still e1ists in the all-
co(prehendin" principle of salus populi suprema est lex. @hen the pu%lic safet or the pu%lic (orals re0uire the
discontinuance of a certain practice % certain class of persons, the hand of the ?e"islature cannot %e staed fro(
providin" for its discontinuance % an incidental inconvenience $hich so(e (e(%ers of the class (a suffer. -he
private interests of such (e(%ers (ust ield to the para(ount interests of the nation (Cf. !oston !eer Co. vs. #ass.,
9/ A.4., 2'6 2; la$. ed., 9<9).
.ud"(ent is affir(ed, $ith costs a"ainst appellant.
G.R. No. L-274 !"#"$%"& , 19'
MATEO CARI(O, petitioner-appellant,
vs.
THE INS)LAR GO*ERNMENT, respondent-appellee.
Coudert Brothers for appellant.
ttorney-General !ilfley for appellee.
+ILLAR!, J.:
-he appellant, on the 23d of .une, 1933, % his attorne in fact, #etcalf A. Clar2e, filed a petition in the Court of
?and >e"istration as2in" that he %e inscri%ed as the o$ner of a tract of land in the (unicipalit of !a"uio, in the
province of !en"uet, containin" 1;6 hectares. -he 9overn(ent of the Philippine +slands, appeared in the Court of
?and >e"istration and opposed the petition. -he 9overn(ent of the Anited 4tates that the land $as part of the (ilitar
reservation of !a"uio. .ud"(ent $as entered in the Court of ?and >e"istration in favor of the petitioner, fro( $hich
&ud"(ent the respondents appealed in accordance $ith the la$ then in force to the Court of *irst +nstance of the
province of !en"uet. -he case $as therein tried de novo, and &ud"(ent $as entered dis(issin" the petition. -he
petitioner has %rou"ht the case here % %ill of e1ceptions.
-he petitioner presented no docu(entar evidence of title, e1cept a possessor infor(ation o%tained in 1931. ! the
provisions of the #ort"a"e ?a$, under $hich this possessor infor(ation $as o%tained (art. 39;), it produced onl
those effects $hich the la$s "ive to (ere possession.
-he petition not havin" sho$n an title fro( the 9overn(ent, and the land %ein" a"ricultural, the case is "overned %
the decisions of this court in the cases of "alenton et al. vs. #urciano 1 ,2 O--. Ga.., 434/0 Cansino et al. vs. Valdez
et al. 2 ,4 O--. Ga.., 488/0 a12 Tiglao vs. The Insular Government 3 ,4 O--. Ga.., 747/. I1 34"5" #a5"5 63 7a5 4"82
34a3 34" $"&" 9o55"556o1 o- 8a12 5:#4 a5 34a3 61 #o13&o;"&5y 61 3465 #a5" 7o:82 <6;" 34" 9o55"55o& a12 3638"
34"&"3o a5 a<a6153 34" Go;"&1$"130 61 o34"& 7o&25, 34a3 34" 53a3:3" o- 86$63a36o15 262 1o3 &:1 a<a6153 34" S3a3"
61 &"-"&"1#" 3o 635 a<&6#:83:&a8 8a125.la$phil.net
-he petitioner, ho$ever, insists that althou"h the statute of li(itations as such did not run a"ainst the 9overn(ent of
4pain in the Philippine +slands, et a "rant is to %e conclusivel presu(ed fro( i((e(orial use and occupation. -o
sa that the presu(ption of a "rant is presu(ption of la$ is, in our opinion, si(pl to sa that it a(ounts to a statute
of li(itations6 and for a court to hold that the statute of li(itations does not run a"ainst the 9overn(ent as to its
pu%lic a"ricultural lands, and at the sa(e ti(e to hold that if a person has %een in possession of such lands for thirt
ears it is conclusivel presu(ed that the 9overn(ent has "iven hi( a deed therefor, $ould %e to (a2e t$o rulin"s
directl inconsistent $ith each other.
Considered as a presu(ption of fact, the contention could not %e sustained in this particular case. Bere the
surroundin" circu(stances are inco(pati%le $ith the e1istence of a "rant, +t is 2no$n that for nearl three hundred
ears all atte(pts to convert the +"orots of the Province of !en"uet to the Christian reli"ion co(pletel failed, and
that durin" that ti(e the re(ained practicall in the sa(e condition as the $ere $hen the +slands $ere first
occupied % the 4paniards. -o presu(e as a (atter of fact that durin" that ti(e, and do$n to at least 1<<3, the
provisions of the la$s relatin" to the "rant, ad&ust(ent, and sale of pu%lic $ere ta2en advanta"e of % these deeds
fro( the 9overn(ent for these lands $ould %e to presu(e so(ethin" $hich did not e1ist. -he appellant sas in his
%rief (p.13),
-he +"orot, no less than the A(erican +ndian, is an a%ori"ine, and is e0uall i"norant of the for(s of la$ and
procedure necessar to protect his interests.
-here is, (oreover, in the case evidence that in 1<9; the petitioner sou"ht to o%tain title fro( the 9overn(ent in
accordance $ith the la$s then in force. +n 1931 he (ade a contract $ith #etalcalf A. Clar2e, % the ter(s of $hich he
a"reed to sell the land to Clar2e for 6,333 pesos $hen he o%tained title thereto fro( the 9overn(ent, and this contract
he does not sa that he is the o$ner, %ut si(pl that he is in possession thereof. -he court %elo$ found that the land is
no$ $orth up$ards of P'3,333.
-he possession of the land has not %een of such a character as to re0uire the presu(ption of a "rant. No one has lived
upon it for (an ears. +t $as never used for anthin" %ut pastura"e of ani(als, e1cept insi"nificant portions thereof,
and since the insurrection a"ainst 4pain it has apparentl not %een used % the petitioner for an purpose.
-he petitioner relies upon the case of the Anited 4tates vs. Chaves (1'9 A.4., ;'2) and the case of -he Anited
4tates vs. Chaves (1/' A.4., '39). +n the case of Bas vs. -he Anited 4tates (1/' A.4. 2;<) the court said at pa"e 2616
!ut this presu(ption is su%&ect to the li(itation that $here title is clai(ed fro( a deed $hich is sho$n to %e
void, it $ill not %e presu(ed that there $as an independent "rant (4(ith vs. Bi"h%ee, 12 Der(ont,. 113), or
$here surroundin" circu(stances are inconsistent $ith the theor of a "rant. (-o$nsend vs. :o$ner, 32
Der(ont, 1<3).
-he su%stance of this doctrine is that lapse of ti(e an %e treated as helpin" out the presu(ption of a "rant,
%ut $here a void "rant is sho$n, it affords no presu(ption that another valid "rant $as (ade. Nor does such
presu(ption arise if the surroundin" circu(stances are inco(pati%le $ith the e1istence of a "rant. +n this case
under consideration $e can not find an evidence $hich &ustifies us in %elievin" that a le"al "rant can have
%een (ade, and under those circu(stances $e can not consider possession since the date of the treat as
dispensin" $ith the re0uire(ent that the title, if not perfect at that ti(e, $as one $hich the clai(ant $ould
have a la$ful ri"ht to (a2e perfect had the territor not %een ac0uired % the Anited 4tates.
+n the case of Chaves vs. -he Anited 4tates (1/' A.4., ''2) the court (ade the follo$in" state(ent at pa"e '62,
*inall, it distinctl appears that the possession of the parties is insufficient in len"th of ti(e to prove a valid
title. +n Anited 4tates vs. Chaves (1'9 A.4., ;'2) the possession $as under the clai( of a "rant (ade % the
"overnor of Ne$ #e1ico to the alle"ed "rantees. -he "rant had %een lost, %ut it had %een seen and read %
$itnesses, and its e1istence had %een proved % evidence sufficient, as $e stated in the opinion (p. ;63), to
$arrant Ethe findin" of the court %elo$ that the co(plainantEs title $as derived fro( the >epu%lic of #e1ico,
and $as co(plete and perfect at the date $hen the Anited 4tates ac0uired soverei"nt in the territor of Ne$
#e1ico, $ithin $hich the land $as situated. @e do not 0uestion the correctness to the re(ar2s (ade % #r.
.ustice 4hiras in re"ard to evidence of possession and the presu(ptions $hich (a under certain
circu(stances dra$n as to the e1istence of a "rant.
@e do not den the ri"ht of the dut of a court to presu(e its e1istence in a proper case, in order to 0uiet a
title and to "ive to lon" continued possession the 0ualit of a ri"htful possession under a le"al ri"ht. @e
reco"ni7ed and enforced such a rule in the case of Anited 4tates vs. Chaves decided at this ter(. in $hich the
0uestion is involved. @e si(pl sa in this case that the possession $as not a duration lon" enou"h to &ustif
an such inference.
-here is no proof of an valid "rant, %ut on the contrar the evidence offered % the plaintiff hi(self and upon
$hich the %ases the title that he as2s the court to confir(, sho$s the e1istence of a "rant fro( a %od $hich
had no le"al po$er to (a2e it, and $hich, therefore, conveed no title $hatever to its "rantee, and the
evidence is, as "iven % the plaintiff hi(self, that it $as under this "rant alone that possession of the lands
$as ta2en. @e can not presu(e ($ithin the ti(e involved in this case) that an other and valid "rant $as ever
(ade. -he possession of the plaintiff and of his "rantors up to the ti(e of the treat of 9uadalupe Bidal"o, in
1<;<, had not %een lon" enou"h to presu(e a "rant. (Crispin vs. Anited 4tates, 16< A.4., 23<6
Baes vs. Anited 4tates, 1/3 A.4., 63/, 6;9, 6'36 Bas vs. -he Anited 4tates, ante 2;<.) -he possession
su%se0uentl e1istin", $e can not notice. 4a(e authorities.
As $e understand it, it is $ell settled in the Anited 4tates that prescription does not run a"ainst the 9overn(ent as to
its pu%lic lands F in other $ords, that if a person desires to o%tain title to the pu%lic lands of the Anited 4tates
situated $ithin the %oundaries of the 4tates, he (ust do so in the $a pointed out % the la$. @e do not understand
that a person in possession of unsurveed pu%lic lands in the 4tate of #innesota, for e1a(ple, $hose ancestors had
occupied that the land for forth ears, could (aintain in court a clai( that he $as the le"al o$ner of the lands %
"ranted the land to his ancestors, a presu(ption founded not upon an proceedin"s ta2en in the 9eneral ?and )ffice
to ac0uire a patent thereto, %ut upon the (ere possession for that len"th of ti(e.
-he sa(e is true of the pu%lic lands of 4pain in the Philippine +slands. +n the case of "alenton et al. vs. #arciano it
$as said,
@hile the 4tate has al$as reco"ni7ed the ri"ht of the occupant to a deed if he proves a possession for a
sufficient len"th of ti(e, et it has al$as insisted that he (ust (a2e that proof %efore the proper
ad(inistrative officers, and o%tain fro( the( his deed, and until he did the 4tate re(ained the a%solute
o$ner.
!ut in an event, and $hatever the la$ (a %e else$here, it see(s clear that this doctrine of presu(ptive "rant can
not appl to the Philippines in vie$ of the 4panish le"islation for the +ndies. *ro( ti(e to ti(e there $ere
pro(ul"ated la$s $hich re0uired the person in possession of pu%lic lands to e1hi%it their titles or "rants thereto. +f
these titles or "rants $ere found to %e "ood, the $ere confir(ed, %ut if the $ere not, or if the persons had no "rants
or titles at all, the $ere evicted fro( the land.
*or e1a(ple, in ?a$ 1;, title 12, ;, >eco(pilation of the ?a$s of the +ndies, it is stated,
@e therefore order and co((and that all viceros and presidents of pretrial courts desi"nate, at such ti(es as
shall to the( (ost e1pedient, a suita%le period $ithin $hich all possessors of tracts, far(s, plantations, and
estates shall e1hi%it to the( and to the court officers appointed % the( for this purpose their title deeds
thereto. And those $ho are in possession % virtue of proper deeds and receipts or % virtue of &ust
prescriptive ri"hts shall %e protected, and all the rest shall %e restored to us to %e disposed of at our $ill.
+n the >oal Cedula of )cto%er 1', 1/';, it $as provided F
that an and all persons $ho, since the ear 1/33, and up to the date of pro(ul"ation and pu%lication of said
order, shall have occupied roal lands, $hether or not the sa(e shall %e cultivated or tenanted, (a, either in
person or throu"h their attornes or representatives, appear and e1hi%it to said su%dele"ates the titles and
patents % virtue of $hich said lands are occupied. 4aid su%dele"ates $ill desi"nate as the period $ithin
$hich docu(ents (ust %e presented a ter( sufficient in len"th and proportionate to the distance the interested
part (a have to travel for the purpose of (a2in" the presentation. 4aid su%dele"ates $ill at the sa(e ti(e
$arn the parties interested that in ter( desi"nated, $ithout a &ust and valid reason therefor, the $ill %e
deprived of and evicted fro( their lands, and the $ill %e "ranted to others.
+n the re"ulations of .une 2', 1<<3, it $as provided as follo$s,
A>-. <. +f the interested parties shall not as2 an ad&ust(ent of the lands $hose possession the are unla$full
en&oinin" $ithin the ti(e of one ear, or, the ad&ust(ent havin" %een "ranted % the authorities, the shall fail
to fulfill their o%li"ation in connection $ith the co(pro(ise, % pain" the proper su( into the treasur, the
latter $ill, % virtue of the authorit vested in it, reassert the o$nership of the 4tated over the lands, and $ill,
after fi1in" the $hole thereof, proceed to sell at pu%lic auction that part of the sa(e $hich, either %ecause it
(a have %een reduced to cultivation or is not located $ithin the forest 7one, is not dee(ed advisa%le to
preserve as 4tate forest reservations. ;
+n the roal decree of the 13th of *e%ruar, 1<9;, pu%lished in the )fficial 9a77ette of #anila of the 1/th of April,
31<9;, it is provided in article ; as follo$s,
A>-. ;. -he title to all a"ricultural lands $hich $ere capa%le of ad&ust(ent (composicion) under the roal
decree of the 2'th of .une, 1<<3, %ut the ad&ust(ents of $hich decree in the 9aceta de #anila, $ill revert to
the 4tate. An clai( to such lands % those $ho (i"ht have applied for the ad&ust(ent of the sa(e, %ut $ho
have not done so as the a%ove (entioned date, $ill not avail the( in an $a or at an ti(e.
+n vie$ of these provisions of the la$, it see(s to us i(possi%le to sa that as to the pu%lic a"ricultural lands in the
Philippines there e1isted a conclusive presu(ption after a lapse of thirt or an other nu(%er of ears that the
9overn(ent of 4pain had "ranted to the possessor thereof a le"al title thereto.
-he plaintiff is not entitled to the %enefits of para"raph 6 of section '; of Act No. 926, the Pu%lic ?and Act, for the
reason that act is not applica%le to the Province of !en"uet. -he &ud"(ent of the court %elo$ is affir(ed, $ith the
costs of this instance a"ainst the appellant.
After the e1piration of t$ent das let &ud"(ent %e entered accordin"l and ten das thereafter the case %e returned to
the court %elo$ for e1ecution. 4o ordered.
[G.R. No. 135385. December 6, 2000]
ISAGANI CRUZ and CSAR UR!"A, petitioners, vs. SCR#AR$ !% N&IR!N'N# AND NA#URA(
RS!URCS, SCR#AR$ !% )UDG# AND 'ANAG'N# and C*AIR'AN and
C!''ISSI!NRS !% #* NA#I!NA( C!''ISSI!N !N INDIGN!US "!"(S, respondents.
R S ! ( U # I ! N
PER CURIAM+
Pe,#,#+'e$/ I/!(!'# C$2% !'d Ce/!$ E2$+*! )$+2(h, ,h#/ /2#, f+$ *$+h#)#,#+' !'d "!'d!"2/ !/ 1#,#%e'/
!'d ,!;*!-e$/ !//!#.#'( ,he 1+'/,#,2,#+'!.#,- +f 1e$,!#' *$+&#/#+'/ +f Re*2).#1 A1, N+. =>71 ?R.A. =>71@
+,he$9#/e 0'+9' !/ ,he I'd#(e'+2/ Pe+*.e/ R#(h,/ A1, +f 1AA7 ?IPRA@ !'d #,/ I"*.e"e',#'( R2.e/ !'d
Re(2.!,#+'/ ?I"*.e"e',#'( R2.e/@.
I' #,/ $e/+.2,#+' +f Se*,e")e$ 7A 1AA= ,he C+2$, $e<2#$ed $e/*+'de',/ ,+ 1+""e',.[1] I' 1+"*.#!'1e
$e/*+'de',/ Ch!#$*e$/+' !'d C+""#//#+'e$/ +f ,he N!,#+'!. C+""#//#+' +' I'd#(e'+2/ Pe+*.e/ ?NCIP@ ,he
(+&e$'"e', !(e'1- 1$e!,ed 2'de$ ,he IPRA ,+ #"*.e"e', #,/ *$+&#/#+'/ f#.ed +' O1,+)e$ 1> 1AA= ,he#$
C+""e', ,+ ,he Pe,#,#+' #' 9h#1h ,he- defe'd ,he 1+'/,#,2,#+'!.#,- +f ,he IPRA !'d *$!- ,h!, ,he *e,#,#+' )e
d#/"#//ed f+$ .!10 +f "e$#,.
O' O1,+)e$ 1A 1AA= $e/*+'de',/ Se1$e,!$- +f ,he De*!$,"e', +f E'&#$+'"e', !'d N!,2$!. Re/+2$1e/
?DENR@ !'d Se1$e,!$- +f ,he De*!$,"e', +f B2d(e, !'d M!'!(e"e', ?DBM@ f#.ed ,h$+2(h ,he S+.#1#,+$ Ge'e$!.
! 1+'/+.#d!,ed C+""e',. The S+.#1#,+$ Ge'e$!. #/ +f ,he &#e9 ,h!, ,he IPRA #/ *!$,.- 2'1+'/,#,2,#+'!. +' ,he
($+2'd ,h!, #, ($!',/ +9'e$/h#* +&e$ '!,2$!. $e/+2$1e/ ,+ #'d#(e'+2/ *e+*.e/ !'d *$!-/ ,h!, ,he *e,#,#+' )e
($!',ed #' *!$,.
O' N+&e")e$ 15 1AA= ! ($+2* +f #',e$&e'+$/ 1+"*+/ed +f Se'. B2!' F.!&#e$ +'e +f ,he !2,h+$/ +f ,he
IPRA M$. P+'1#!'+ Be''!(e' ! "e")e$ +f ,he 1A=C C+'/,#,2,#+'!. C+""#//#+' !'d ,he .e!de$/ !'d "e")e$/
+f 117 ($+2*/ +f #'d#(e'+2/ *e+*.e/ ?F.!&#e$ e,. !.@ f#.ed ,he#$ M+,#+' f+$ Le!&e ,+ I',e$&e'e. The- 8+#' ,he NCIP
#' defe'd#'( ,he 1+'/,#,2,#+'!.#,- +f IPRA !'d *$!-#'( f+$ ,he d#/"#//!. +f ,he *e,#,#+'.
O' M!$1h 77 1AAA ,he C+""#//#+' +' 62"!' R#(h,/ ?C6R@ .#0e9#/e f#.ed ! M+,#+' ,+ I',e$&e'e !'d3+$ ,+
A**e!$ !/ A"#12/ C2$#!e. The C6R !//e$,/ ,h!, IPRA #/ !' e;*$e//#+' +f ,he *$#'1#*.e +f *!$e'/ *!,$#!e !'d
,h!, ,he S,!,e h!/ ,he $e/*+'/#)#.#,- ,+ *$+,e1, !'d (2!$!',ee ,he $#(h,/ +f ,h+/e 9h+ !$e !, ! /e$#+2/
d#/!d&!',!(e .#0e #'d#(e'+2/ *e+*.e/. F+$ ,h#/ $e!/+' #, *$!-/ ,h!, ,he *e,#,#+' )e d#/"#//ed.
O' M!$1h 7> 1AAA !'+,he$ ($+2* 1+"*+/ed +f ,he I0!.!h!' I'd#(e'+2/ Pe+*.e !'d ,he 6!$#)+'
F+2'd!,#+' f+$ ,he C+'/e$&!,#+' +f N!,2$!. Re/+2$1e/ I'1. ?6!$#)+' e, !..@ f#.ed ! "+,#+' ,+ I',e$&e'e 9#,h
!,,!1hed C+""e',-#'-I',e$&e',#+'. The- !($ee 9#,h ,he NCIP !'d F.!&#e$ e, !.. ,h!, IPRA #/ 1+'/#/,e', 9#,h ,he
C+'/,#,2,#+' !'d *$!- ,h!, ,he *e,#,#+' f+$ *$+h#)#,#+' !'d "!'d!"2/ )e d#/"#//ed.
The "+,#+'/ f+$ #',e$&e',#+' +f ,he !f+$e/!#d ($+2*/ !'d +$(!'#%!,#+'/ 9e$e ($!',ed.
O$!. !$(2"e',/ 9e$e he!$d +' A*$#. 1> 1AAA. The$e!f,e$ ,he *!$,#e/ !'d #',e$&e'+$/ f#.ed ,he#$ $e/*e1,#&e
"e"+$!'d! #' 9h#1h ,he- $e#,e$!,e ,he !$(2"e',/ !dd21ed #' ,he#$ e!$.#e$ *.e!d#'(/ !'d d2$#'( ,he he!$#'(.
Pe,#,#+'e$/ !//!#. ,he 1+'/,#,2,#+'!.#,- +f ,he f+..+9#'( *$+&#/#+'/ +f ,he IPRA !'d #,/ I"*.e"e',#'( R2.e/ +'
,he ($+2'd ,h!, ,he- !"+2', ,+ !' 2'.!9f2. de*$#&!,#+' +f ,he S,!,eD/ +9'e$/h#* +&e$ .!'d/ +f ,he *2).#1 d+"!#'
!/ 9e.. !/ "#'e$!./ !'d +,he$ '!,2$!. $e/+2$1e/ ,he$e#' #' &#+.!,#+' +f ,he $e(!.#!' d+1,$#'e e")+d#ed #' Se1,#+'
7 A$,#1.e EII +f ,he C+'/,#,2,#+':
G?1@ Se1,#+' >?!@ 9h#1h def#'e/ ,he e;,e', !'d 1+&e$!(e +f !'1e/,$!. d+"!#'/ !'d Se1,#+' >?)@ 9h#1h
#' ,2$' def#'e/ !'1e/,$!. .!'d/F
G?7@ Se1,#+' 4 #' $e.!,#+' ,+ /e1,#+' >?!@ 9h#1h *$+&#de/ ,h!, !'1e/,$!. d+"!#'/ #'1.2d#'( #'!.#e'!).e
*2).#1 .!'d/ )+d#e/ +f 9!,e$ "#'e$!. !'d +,he$ $e/+2$1e/ f+2'd 9#,h#' !'1e/,$!. d+"!#'/ !$e
*$#&!,e )2, 1+""2'#,- *$+*e$,- +f ,he #'d#(e'+2/ *e+*.e/F
G?>@ Se1,#+' C #' $e.!,#+' ,+ /e1,#+' >?!@ !'d >?)@ 9h#1h def#'e/ ,he 1+"*+/#,#+' +f !'1e/,$!. d+"!#'/
!'d !'1e/,$!. .!'d/F
G?4@ Se1,#+' 7 9h#1h $e1+('#%e/ !'d e'2"e$!,e/ ,he $#(h,/ +f ,he #'d#(e'+2/ *e+*.e/ +&e$ ,he
!'1e/,$!. d+"!#'/F
?4@ Se1,#+' = 9h#1h $e1+('#%e/ !'d e'2"e$!,e/ ,he $#(h,/ +f ,he #'d#(e'+2/ *e+*.e/ +&e$ ,he !'1e/,$!.
.!'d/F
G?C@ Se1,#+' 47 9h#1h *$+&#de/ f+$ *$#+$#,- $#(h,/ +f ,he #'d#(e'+2/ *e+*.e/ #' ,he h!$&e/,#'( e;,$!1,#+'
de&e.+*"e', +$ e;*.+$!,#+' +f "#'e$!./ !'d +,he$ '!,2$!. $e/+2$1e/ 9#,h#' ,he !$e!/ 1.!#"ed ,+ )e
,he#$ !'1e/,$!. d+"!#'/ !'d ,he $#(h, ,+ e',e$ #',+ !($ee"e',/ 9#,h '+'#'d#(e'+2/ *e+*.e/ f+$ ,he
de&e.+*"e', !'d 2,#.#%!,#+' +f '!,2$!. $e/+2$1e/ ,he$e#' f+$ ! *e$#+d '+, e;1eed#'( 74 -e!$/
$e'e9!).e f+$ '+, "+$e ,h!' 74 -e!$/F !'d
G?7@ Se1,#+' 4= 9h#1h (#&e/ ,he #'d#(e'+2/ *e+*.e/ ,he $e/*+'/#)#.#,- ,+ "!#',!#' de&e.+* *$+,e1, !'d
1+'/e$&e ,he !'1e/,$!. d+"!#'/ !'d *+$,#+'/ ,he$e+f 9h#1h !$e f+2'd ,+ )e 'e1e//!$- f+$ 1$#,#1!.
9!,e$/hed/ "!'($+&e/ 9#.d.#fe /!'1,2!$#e/ 9#.de$'e// *$+,e1,ed !$e!/ f+$e/, 1+&e$ +$
$ef+$e/,!,#+'.G[7]
Pe,#,#+'e$/ !./+ 1+',e', ,h!, )- *$+&#d#'( f+$ !' !..-e'1+"*!//#'( def#'#,#+' +f H!'1e/,$!. d+"!#'/G !'d
H!'1e/,$!. .!'d/G 9h#1h "#(h, e&e' #'1.2de *$#&!,e .!'d/ f+2'd 9#,h#' /!#d !$e!/ Se1,#+'/ >?!@ !'d >?)@ &#+.!,e
,he $#(h,/ +f *$#&!,e .!'d+9'e$/.[>]
I' !dd#,#+' *e,#,#+'e$/ <2e/,#+' ,he *$+&#/#+'/ +f ,he IPRA def#'#'( ,he *+9e$/ !'d 82$#/d#1,#+' +f ,he NCIP
!'d "!0#'( 12/,+"!$- .!9 !**.#1!).e ,+ ,he /e,,.e"e', +f d#/*2,e/ #'&+.&#'( !'1e/,$!. d+"!#'/ !'d !'1e/,$!.
.!'d/ +' ,he ($+2'd ,h!, ,he/e *$+&#/#+'/ &#+.!,e ,he d2e *$+1e// 1.!2/e +f ,he C+'/,#,2,#+'.[4]
The/e *$+&#/#+'/ !$e:
G?1@ /e1,#+'/ 41 ,+ 4> !'d 4A 9h#1h de,!#. ,he *$+1e// +f de.#'e!,#+' !'d $e1+('#,#+' +f !'1e/,$!.
d+"!#'/ !'d 9h#1h &e/, +' ,he NCIP ,he /+.e !2,h+$#,- ,+ de.#'e!,e !'1e/,$!. d+"!#'/ !'d
!'1e/,$!. .!'d/F
G?7@ Se1,#+' 47[#] 9h#1h *$+&#de/ ,h!, 2*+' 1e$,#f#1!,#+' )- ,he NCIP ,h!, ! *!$,#12.!$ !$e! #/ !'
!'1e/,$!. d+"!#' !'d 2*+' '+,#f#1!,#+' ,+ ,he f+..+9#'( +ff#1#!./ '!"e.- ,he Se1$e,!$- +f
E'&#$+'"e', !'d N!,2$!. Re/+2$1e/ Se1$e,!$- +f I',e$#+$ !'d L+1!. G+&e$'"e',/ Se1$e,!$- +f
B2/,#1e !'d C+""#//#+'e$ +f ,he N!,#+'!. De&e.+*"e', C+$*+$!,#+' ,he 82$#/d#1,#+' +f /!#d +ff#1#!./
+&e$ /!#d !$e! ,e$"#'!,e/F
G?>@ Se1,#+' C> 9h#1h *$+&#de/ ,he 12/,+"!$- .!9 ,$!d#,#+'/ !'d *$!1,#1e/ +f #'d#(e'+2/ *e+*.e/ /h!..
)e !**.#ed f#$/, 9#,h $e/*e1, ,+ *$+*e$,- $#(h,/ 1.!#"/ +f +9'e$/h#* he$ed#,!$- /211e//#+' !'d
/e,,.e"e', +f .!'d d#/*2,e/ !'d ,h!, !'- d+2), +$ !")#(2#,- #' ,he #',e$*$e,!,#+' ,he$e+f /h!.. )e
$e/+.&ed #' f!&+$ +f ,he #'d#(e'+2/ *e+*.e/F
G?4@ Se1,#+' C4 9h#1h /,!,e/ ,h!, 12/,+"!$- .!9/ !'d *$!1,#1e/ /h!.. )e 2/ed ,+ $e/+.&e d#/*2,e/
#'&+.&#'( #'d#(e'+2/ *e+*.e/F !'d
G?4@ Se1,#+' CC 9h#1h &e/,/ +' ,he NCIP ,he 82$#/d#1,#+' +&e$ !.. 1.!#"/ !'d d#/*2,e/ #'&+.&#'( $#(h,/ +f
,he #'d#(e'+2/ *e+*.e/.G[4]
F#'!..- *e,#,#+'e$/ !//!#. ,he &!.#d#,- +f R2.e VII P!$, II Se1,#+' 1 +f ,he NCIP Ad"#'#/,$!,#&e O$de$ N+. 1
/e$#e/ +f 1AA= 9h#1h *$+&#de/ ,h!, H,he !d"#'#/,$!,#&e $e.!,#+'/h#* +f ,he NCIP ,+ ,he Off#1e +f ,he P$e/#de', #/
1h!$!1,e$#%ed !/ ! .!,e$!. )2, !2,+'+"+2/ $e.!,#+'/h#* f+$ *2$*+/e/ +f *+.#1- !'d *$+($!" 1++$d#'!,#+'.G The-
1+',e'd ,h!, /!#d R2.e #'f$#'(e/ 2*+' ,he P$e/#de',D/ *+9e$ +f 1+',$+. +&e$ e;e12,#&e de*!$,"e',/ 2'de$ Se1,#+'
17 A$,#1.e VII +f ,he C+'/,#,2,#+'.[C]
Pe,#,#+'e$/ *$!- f+$ ,he f+..+9#'(:
G?1@ A de1.!$!,#+' ,h!, Se1,#+'/ > 4 C 7 = 47[I] 47 4= 4A C> C4 !'d CC !'d +,he$ $e.!,ed
*$+&#/#+'/ +f R.A. =>71 !$e 2'1+'/,#,2,#+'!. !'d #'&!.#dF
G?7@ The #//2!'1e +f ! 9$#, +f *$+h#)#,#+' d#$e1,#'( ,he Ch!#$*e$/+' !'d C+""#//#+'e$/ +f ,he NCIP ,+
1e!/e !'d de/#/, f$+" #"*.e"e',#'( ,he !//!#.ed *$+&#/#+'/ +f R.A. =>71 !'d #,/ I"*.e"e',#'(
R2.e/F
G?>@ The #//2!'1e +f ! 9$#, +f *$+h#)#,#+' d#$e1,#'( ,he Se1$e,!$- +f ,he De*!$,"e', +f E'&#$+'"e', !'d
N!,2$!. Re/+2$1e/ ,+ 1e!/e !'d de/#/, f$+" #"*.e"e',#'( De*!$,"e', +f E'&#$+'"e', !'d N!,2$!.
Re/+2$1e/ C#$12.!$ N+. 7 /e$#e/ +f 1AA=F
G?4@ The #//2!'1e +f ! 9$#, +f *$+h#)#,#+' d#$e1,#'( ,he Se1$e,!$- +f B2d(e, !'d M!'!(e"e', ,+ 1e!/e
!'d de/#/, f$+" d#/)2$/#'( *2).#1 f2'd/ f+$ ,he #"*.e"e',!,#+' +f ,he !//!#.ed *$+&#/#+'/ +f R.A.
=>71F !'d
G?4@ The #//2!'1e +f ! 9$#, +f "!'d!"2/ 1+""!'d#'( ,he Se1$e,!$- +f E'&#$+'"e', !'d N!,2$!.
Re/+2$1e/ ,+ 1+"*.- 9#,h h#/ d2,- +f 1!$$-#'( +2, ,he S,!,eD/ 1+'/,#,2,#+'!. "!'d!,e ,+ 1+',$+. !'d
/2*e$&#/e ,he e;*.+$!,#+' de&e.+*"e', 2,#.#%!,#+' !'d 1+'/e$&!,#+' +f Ph#.#**#'e '!,2$!.
$e/+2$1e/.G[7]
Af,e$ d2e de.#)e$!,#+' +' ,he *e,#,#+' ,he "e")e$/ +f ,he C+2$, &+,ed !/ f+..+9/:
Se&e' ?7@ &+,ed ,+ d#/"#// ,he *e,#,#+'. B2/,#1e I!*2'!' f#.ed !' +*#'#+' 9h#1h ,he Ch#ef B2/,#1e !'d
B2/,#1e/ Be..+/#..+ J2#/2")#'( !'d S!',#!(+ 8+#' /2/,!#'#'( ,he &!.#d#,- +f ,he 1h!..e'(ed *$+&#/#+'/ +f R.A.
=>71. B2/,#1e P2'+ !./+ f#.ed ! /e*!$!,e +*#'#+' /2/,!#'#'( !.. 1h!..e'(ed *$+&#/#+'/ +f ,he .!9 9#,h ,he
e;1e*,#+' +f Se1,#+' 1 P!$, II R2.e III +f NCIP Ad"#'#/,$!,#&e O$de$ N+. 1 /e$#e/ +f 1AA= ,he R2.e/ !'d
Re(2.!,#+'/ I"*.e"e',#'( ,he IPRA !'d Se1,#+' 47 +f ,he IPRA 9h#1h he 1+',e'd/ /h+2.d )e #',e$*$e,ed !/
de!.#'( 9#,h ,he .!$(e-/1!.e e;*.+#,!,#+' +f '!,2$!. $e/+2$1e/ !'d /h+2.d )e $e!d #' 1+'82'1,#+' 9#,h Se1,#+' 7
A$,#1.e EII +f ,he 1A=7 C+'/,#,2,#+'. O' ,he +,he$ h!'d B2/,#1e Me'd+%! &+,ed ,+ d#/"#// ,he *e,#,#+' /+.e.- +'
,he ($+2'd ,h!, #, d+e/ '+, $!#/e ! 82/,#1#!).e 1+',$+&e$/- !'d *e,#,#+'e$/ d+ '+, h!&e /,!'d#'( ,+ <2e/,#+' ,he
1+'/,#,2,#+'!.#,- +f R.A. =>71.
Se&e' ?7@ +,he$ "e")e$/ +f ,he C+2$, &+,ed ,+ ($!', ,he *e,#,#+'. B2/,#1e P!'(!'#)!' f#.ed ! /e*!$!,e
+*#'#+' e;*$e//#'( ,he &#e9 ,h!, Se1,#+'/ > ?!@?)@ 4 C 7 ?!@?)@ = !'d $e.!,ed *$+&#/#+'/ +f R.A. =>71 !$e
2'1+'/,#,2,#+'!.. 6e $e/e$&e/ 82d("e', +' ,he 1+'/,#,2,#+'!.#,- +f Se1,#+'/ 4= 4A C4 !'d CC +f ,he .!9 9h#1h
he )e.#e&e/ "2/, !9!#, ,he f#.#'( +f /*e1#f#1 1!/e/ )- ,h+/e 9h+/e $#(h,/ "!- h!&e )ee' &#+.!,ed )- ,he
IPRA. B2/,#1e V#,2( !./+ f#.ed ! /e*!$!,e +*#'#+' e;*$e//#'( ,he &#e9 ,h!, Se1,#+'/ >?!@ 7 !'d 47 +f R.A. =>71
!$e 2'1+'/,#,2,#+'!.. B2/,#1e/ Me.+ P!$d+ B2e'! G+'%!(!-Re-e/ !'d De Le+' 8+#' #' ,he /e*!$!,e +*#'#+'/
+f B2/,#1e/ P!'(!'#)!' !'d V#,2(.
A/ ,he &+,e/ 9e$e e<2!..- d#&#ded ?7 ,+ 7@ !'d ,he 'e1e//!$- "!8+$#,- 9!/ '+, +),!#'ed ,he 1!/e 9!/
$ede.#)e$!,ed 2*+'. 6+9e&e$ !f,e$ $ede.#)e$!,#+' ,he &+,#'( $e"!#'ed ,he /!"e. A11+$d#'(.- *2$/2!', ,+ R2.e
4C Se1,#+' 7 +f ,he R2.e/ +f C#&#. P$+1ed2$e ,he *e,#,#+' #/ DISMISSED.
A,,!1hed he$e,+ !'d "!de #',e($!. *!$,/ ,he$e+f !$e ,he /e*!$!,e +*#'#+'/ +f B2/,#1e/ P2'+ V#,2(
I!*2'!' Me'd+%! !'d P!'(!'#)!'.S! !RDRD.
RUBI VS. PROVINCIAL BOARD OF MINDORO [39 PHIL 660; NO. 14078; 7 MAR 1919]
Facts: The provincial board of Mindoro adopted resolution No. 25 wherein non-Christian
inhabitants (uncivilized tribes) will be directed to take up their habitation on sites on unoccupied
public lands. t is resolved that under section 2!"" of the #d$inistrative Code% &!! hectares of
public land in the sitio of Ti'bao on Nau(an )ake be selected as a site for the per$anent
settle$ent of Man'*anes in Mindoro. +urther% Man'*ans $a* onl* solicit ho$esteads on
thisreservation providin' that said ho$estead applications are previousl* reco$$ended b* the
provincial 'overnor.
n that case% pursuant to ,ection 2-.5 of the /evised #d$inistrative Code% all the Man'*ans in
the townships of Nau(an and 0ola and the Man'*ans east of the 1aco /iver includin' those in the
districts of 2ulan'an and /ubi3s place in Calapan% were ordered to take up their habitation on the
site of Ti'bao% Nau(an )ake. #lso% that an* Man'*an who shall refuse to co$pl* with this order
shall upon conviction be i$prisoned not e4ceed in si4t* da*s% in accordance with section 2"55 of
the revised #d$inistrative Code.
,aid resolution of the provincial board of Mindoro were clai$ed as necessar* $easures for
the protection of the Man'*anes of Mindoro as well as the protection of public forests in which
the* roa$% and to introduce civilized custo$s a$on' the$.
t appeared that /ubi and those livin' in his rancheria have not fi4ed their dwellin' within
the reservation of Ti'bao and are liable to be punished.
t is alle'ed that the Man'uianes are bein' ille'all* deprived of their libert* b* the provincial
officials of that province. /ubi and his co$panions are said to be held on
the reservation established at Ti'bao% Mindoro% a'ainst their will% and one 2abalos is said to be
held under the custod* of the provincial sheriff in the prison at Calapan for havin' run awa* for$
the reservation.
Issue: 6hether or Not ,ection 2-.5 of the #d$inistrative Code deprive a person of his libert* pf
abode. Thus% 67N ,ection 2-.5 of the #d$inistrative Code of -5-" is constitutional.
Held: The Court held that section 2-.5 of the #d$inistrative Code does not deprive a person of
his libert* of abode and does not den* to hi$ the e8ual protection of the laws% and that
confine$ent inreservations in accordance with said section does not constitute slaver* and
involuntar* servitude. The Court is further of the opinion that section 2-.5 of the #d$inistrative
Code is a le'iti$ate e4ertion of the police power. ,ection 2-.5 of the #d$inistrative Code of -5-"
is constitutional.
#ssi'ned as reasons for the action9 (-) atte$pts for the advance$ent of the non-Christian people
of the province: and (2) the onl* successfull* $ethod for educatin' the Man'uianes was to obli'e
the$ to live in a per$anent settle$ent. The ,olicitor-;eneral adds the followin': (<)
The protection of the Man'uianes: (.) the protection of the public forests in which the* roa$: (5)
the necessit* of introducin'civilized custo$s a$on' the Man'uianes.
7ne cannot hold that the libert* of the citizen is undul* interfered without when the de'ree of
civilization of the Man'uianes is considered. The* are restrained for their own 'ood and the
'eneral 'ood of the 0hilippines.
H)ibert* re'ulated b* law=9 $plied in the ter$ is restraint b* law for the 'ood of the individual
and for the 'reater 'ood of the peace and order of societ* and the 'eneral well-bein'. No $an
can do e4actl* as he pleases.
None of the ri'hts of the citizen can be taken awa* e4cept b* due process of law.
Therefore% petitioners are not unlawfull* i$prisoned or restrained of their libert*. >abeas
corpus can% therefore% not issue.