ALIENATION AND RECOGNITION

OF ANCESTRAL DOMAINS
GROUP I
SECTION II-B

Abadayan, Ryan Vic

Aquipel, Jeric
Galingan, Yakachi
Gumnad, Disraeli Paul
Nuñez, Justine Rhys
Pagaoa, Harry Dave
Payad, Adrian Carl

Balila, Agnes
Bermejo, Jennylyn
Dumpayan, Marianne
Macob, Johanne Margarette
Mina, Florianne Joy
Navarro, Jianne Rose Augustine
Olarte, Yna Darla
Palada, Glenda
Pallogan, Kyth
Pecsoy, Ana
Rabang, Janelle Daphne

1|ALIENATION AND RECOGNITIONOF ANCESTRAL DOMAINS

 I.INTRODUCTION

A. ANCESTRAL LANDS IN GENERAL

Generally defined, ancestral lands are commonly referred to as “lands belonging to

an indigenous cultural people or community (Britanica.com). In the Philippines, the
Indigenous Peoples’ Rights Act (RA 8371) defines an ancestral land as: land occupied,
possessed and utilized by individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through their predecessors-in-
interest, under claims of individual or traditional group ownership, continuously, to the
present except when interrupted by war, force majeure or displacement by force, deceit,
stealth, or as a consequence of government projects and other voluntary dealings entered
into by government and private individuals/corporations, including, but not limited to,
residential lots, rice terraces or paddies, private forests, swidden farms and tree lots
(Section 3, paragraph b).

This legal concept is however different from an ancestral domain as distinctly

pointed out by the same law, thus: Ancestral domains refer to all areas generally
belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural
resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs,
themselves or through their ancestors, communally or individually since time
immemorial, continuously to the present except when interrupted by war, force majeure
or displacement by force, deceit, stealth or as a consequence of government projects or
any other voluntary dealings entered into by government and private individuals,
corporations, and which are necessary to ensure their economic, social and cultural
welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other
lands individually owned whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water, mineral and other natural
resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from
which their traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators
(Section 3, paragraph a).

B. THE TAGBANUA TRIBE: THE INDIGENOUS PEOPLES IN CORON, PALAWAN

2|ALIENATION AND RECOGNITIONOF ANCESTRAL DOMAINS

 One of the groups of indigenous people in the country is the Tagbanua Tribe. The
major stakeholders of Coron, Palawan are the indigenous people named "Tagbanua" who
represent majority of the settlers. Tagbanua was derived from"taga" meaning people
from" and "banwa" or "people from the inland area." The Tagbanua people are
descendents of some of the oldest people in the Philippines likely coming from Borneo
and historically had strong relations with Brunei. Today, there are various subgroups of
the Tagbanua throughout the province of Palawan. In Coron, the Tagbanua are distinct
from the Tagbanua on mainland Palawan, not only in their language spoken but also their
general way of life. In 2003, Coron Island and its surrounding waters were declared
ancestral domain for the Tagbanua, which now restrict areas in the island where people
can visit. Presently, the Tagbanua people having been awarded with CADC, manages their
claimed site following the provisions in their management plan.

II.BODY
PROCESS OF ALIENATION AND RECOGNITION OF ANCESTRAL DOMAINS OF THE
TAGBANUA
A. RECOGNITION OF THEIR ANCESTRAL DOMAIN

In the 1990s, the Philippine legislature passed two groundbreaking laws recognizing
the rights of indigenous peoples and ensuring their participation in protected area
management and decision-making: the National Integrated Protected Areas System
(NIPAS) Act of 1992 and the Indigenous People’s Rights Act (IPRA) of 1997. The earlier
law, NIPAS, institutionalized the participation of indigenous and local communities in the
land management process by providing for the establishment of Protected Area
Management Boards composed of government officers, nongovernmental organizations
(NGOs), and local community representatives. IPRA allowed for the granting of collective
and individual rights to land to indigenous peoples through certificates of ancestral
domain and land titles.

The rights provided for by these two laws give indigenous people a choice of
approaches for regaining some control over their lands: a participatory approach through

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NIPAS or a rights-based approach through IPRA. The story of the Calamian Tagbanua of
Coron Island, who chose to follow the IPRA course, demonstrates that the rights-based
approach can provide more protection than participating in a process over which
indigenous peoples often have little control.

B. UTILIZATION AND PROTECTION OF THEIR RIGHTS

Due to the bio-diverse feature, Coron Island has very high potential for eco-tourism.
In fact, it is one of the priority areas under the sustainable tourism development of
Palawan, Majority of the tourists visiting Coron are foreigners, almost half of whom are
low-budget backpackers.

The once upon a time rich coastal areas of Coron island is constantly facing threats.
Owing to the unique ecological features of Coron island, piling legal instruments have
been issued purposely to protect this valuable resource. The island including its
surrounding islets was first declared a National Reserve by virtue of Proclamation No.
219 on July 2, 1967. In 1978, another Proclamation No. 1801 declared the island a Tourist
Zone and Marine Reserve. This facilitated the transfer of the management to the
Philippine Tourism Authority. This proclamation was followed by Proclamation No. 2152
which declares the entire province a Mangrove Swamp Forest Reserve. Likewise, in 1990,
a Community Forest Stewardship Agreement (CFSA) was issued by DENR to the
Tagbanua Foundation of Coron Island which covered about 7,748 has. Finally, with the
passage of NIPAS Act in 1992, it was listed part of the priority protected areas.

What is the Free and Prior Informed Consent?

The Free and Prior Informed Consent or FPIC provision is one of the most
important features of the IPRA. This legal concept gave the IPs’ the right to deny or allow
entry of development projects into their ancestral domain. By virtue of such right, the IPs
now have the prerogative of determining their development priorities and assert their
right to self-determination and recognition of their cultural integrity.

The FPIC process does not only provide IPs’ with an avenue for deciding the
acceptability of projects or programs that may affect the community, financially,
economically or culturally, but also enjoins the NCIP to refrain from issuing certification
to any project proponent without the FPIC of the IPs concerned. Under the FPIC process,
the following are mandatory activities.
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 • Notices: Posting of Notices in conspicuous places in and around the area of the
concerned ICC/IP community by NCIP that a preliminary consultative meeting will
be held.
• Validation of the List of Elders/Leaders: NCIP shall facilitate the convention of
these elder/leaders for the purpose of validating the authenticity of the names of
elders/leaders as appearing in the list.
• Preliminary Consultative Meetings: The participants are the identified council of
elders, the representatives from the project proponent, the NCIP, the collaborating
non-government organizations (NGOs) and civil society operating in the
concerned area.
• Consensus Building: Elders/leaders shall complete the conduct of their own
consultation meetings with members of the community employing their own
traditional consensus building processes in order to further discern the merits and
demerits of the proposal as presented on the preliminary consultative meeting.
Only NCIP is allowed during this period to document the community proceedings
that are being had.
• Community Assembly: NCIP shall cause the conduct of an Assembly of all the
members of the community as represented by the household heads. It is on this
occasion that the decision of the ICC/IP with respect to the proposal/project will
be determined by counting the number of raised hands who would vote for or
against the project.

C. CONTROVERSIES/ CHALLENGES AS TO THE ICCs RIGHTS OVER THEIR

ANCESTRAL DOMAINS

The Tagbanua community is confronted with internal and external challenges.

Internally, they need to address the conflict between the leaders and members,
particularly in Banuang Daan, and the mame’pet or Council of Elders. Coron Island
continues to suffer from illegal fishing practices of cyanide and dynamite.

Externally, elders attested increasing numbers of migrants in their ancestral domain

pose a risk not only on the natural resources as well as their culture. They had been
carefully protecting their restricted and sacred areas; however, due to the influx of
migrants as well as tourism, their unusually pristine areas are now being altered. Selfish

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motives brought destruction to some of the limestone, especially in Delian Island.
According to the Chairman of the Tagbanwa Tribe, migrants in the area cut the limestone
to be used as sinker for their fishing lines. The cutting of limestone is reaching Coron
Island as well, particularly in Calis Point.

The ICCs/IPs shall have priority rights in the harvesting, extraction, development or
exploitation of any natural resources within the ancestral domains. A non-member of the
ICCs/IPs concerned may be allowed to take part in the development and utilization of the
natural resources for a period of not exceeding twenty-five (25) years renewable for not
more than twenty-five (25) years, provided that a formal and written agreement is
entered into with the ICCs/IPs concerned or that the community, pursuant to its own
decision making process, has agreed to allow such operation. ICCs/IPs has the inherent
right to self-governance and self-determination. The State respects the integrity of their
values, practices and institutions. These lands are also exempt from real property taxes,
special levies, and other forms of exaction except such portion of the ancestral domains
as are actually used for large-scale agriculture, commercial forest plantation and
residential purposes or upon titling by private persons.

These lands are exempt from real property taxes, special levies, and other forms
of exaction except such portion of the ancestral domains as are actually used for large-
scale agriculture, commercial forest plantation and residential purposes or upon titling
by private persons.

Beyond Cruz v. Sec. of DENR

A continuing concern among indigenous peoples’ rights practitioners is the
concept of codification of customary laws. Article 11 of the New Civil Code states that
customs which are contrary to law, public order or public policy shall not be
countenanced. Article 12 further requires that a custom must be proved as a fact,
according to the rules of evidence. IPRA, on the other hand, allows the use of customary
law in settlement of disputes among IPs and determination of property rights. It has been
advanced by Supreme Court Justice Jose Vitug that Congress should first make customary
laws part of the stream of laws. Due process demands that non-indigenous persons be
properly informed of these customary laws in light of the expansive effect of these
practices.

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 The demand for economic development in the Philippines has brought forth
another immediate concern of indigenous peoples settled in areas subject of exploration,
development and utilization of natural resources. IPRA has provided as a safeguard the
“free, prior and informed consent” instrument for indigenous communities in order to
ensure consultation before any major economic activity is undertaken within the
ancestral domains and ancestral lands. However, the preparedness of indigenous leaders
to deal with technical economic agreements attending natural resources development is
gradually being tested in recent years. It will require empowerment of these communities
to deal with these agreements involving the private sector and government agencies.

Finally, the assertion of self-determination as a people is becoming more evident

in the context of socio-cultural development of indigenous communities. Politically,
however, indigenous peoples are gradually making a dent through the sectoral
representation in Congress. Considerable work is in progress to realize a more effective
participation at the electoral level.

III. CONCLUSION AND RECOMMENDATIONS

A. COMMENTS ON THE PROCESS OF ALIENATION AND RECOGNITION OF ANCESTRAL
DOMAINS
B. COMMENTS ON THE ICCs IN CORON
C. PROTECTING AND ENFORCING RIGHTS OF ICCS AND IPS OVER THEIR ANCESTRAL
DOMAINS
The government plays a vital role in the protection and recognition of the rights of
the ICCs/IPs not only in Coron, Palawan but also in the entire country. With the issues
and controversies surrounding Coron, it is great that pertinent laws such as the National
Integrated Protected Areas System (NIPAS) Act of 1992 and the Indigenous People’s
Rights Act (IPRA) of 1997 were passed. However, it is not enough that laws are enacted
what matters most is the post implementation of the laws, where the government and its
agencies must properly insure that the laws are followed by the people and that no
person including theirs must not take advantage of the laws, other resources and also the
people of Coron for their own benefit and gains.
On the other hand, the ICCs/IPs of Coron are blessed with their land and must take
the necessary responsibility to maintain, develop, and improve what they own this

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includes following the laws imposed by the government, working together with the latter
for communication of their best interest. The ICCs and IPs must not succumb to
temptation for a better promise of standard of living in exchange of the natural
environment that they may feel within them and those imposed upon them.
As non-member of the ICCs/IPs of Coron, we can also contribute to the recognition
and protection of their rights through educating the public regarding the importance of
the environment, IPRA and other pertinent laws affecting the acquisition of land specially
those owned by IPs/ ICCs.

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