Professional Documents
Culture Documents
CADIZ
SUPPLEMENTAL REVIEWER
RA 8371 (IPRA)
Note: The IPRA Reviewer only covers the relevant sections and chapters related to Land Titles which is basically the provisions
on Ancestral Domain. It’ll pretty much explain the said provisions.
Section 3 – Definition of terms, for purposes of this Act, the following terms shall mean:
d. Since time immemorial, continuously to the present except when interrupted by:
i. War
ii. Force majeure
iii. Displacement by force
iv. Deceit, Stealth
v. Consequence of Government projects
vi. Voluntary dealings by government/private individuals/corporations
f. Also includes: Ancestral lands, Forests, Pastures, Residential and Agricultural, Hunting and Burial
grounds. Lands no longer exclusively occupied by ICCs/IPs, but traditionally accessed for
subsistence and traditional activities (eg. Shifting cultivators or nomadic tribes
c. Includes: residential lots, rice terraces or paddies, private forests, tree lots and swidden farms
(a.k.a. kaingin land, cut and burn farming land)
NOTE: Both Ancestral Domains and Ancestral Land are subject to Section 56 of the IPRA, which
will be discussed later.
C.) Certificate of Ancestral Domain: A title formally recognizing the rights of possession and ownership of ICCs or
IPs over their ancestral domains identified and delineated in accordance to this law
D.) Certificate of Ancestral Domain Title: A title formally recognizing rights of ICCs or IPs over ancestral lands
E.) Communal Claims: Claims on land, resources and rights belonging to the community within a defined territory
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ANBOCHI. ATILLO. AVILA. MIRANDA. PORMENTO. REVOTE. REYES. SULIT.
LAND TITLES – ATTY. CADIZ
SUPPLEMENTAL REVIEWER
F.) Individual Claims: Claims to lands and rights thereon, devolved to individuals, families and clans including but
not limited to, residential lots, rice terraces or paddies and tree lots
A.) Includes concepts of territories covering the total physical environment, including the spiritual and cultural
bonds to the area which ICCs or IPs possess, occupy and use to which they have claims of ownership
A.) Sustains the view that ancestral domains and all resources found therein are the material basis of their cultural
integrity. Generally holds that ancestral domains are the private but community property belonging to all
generations. It cannot be sold, disposed or destroyed; this includes sustainable traditional resource rights.
Section 12 – Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the Land Registration Act
496:
A.) Individual members regarding individually-owned ancestral lands or through predecessors in-interest shall have
the option to secure title to their ancestral lands under the provisions of Commonwealth Act 141 as amended or
the Land Registration Act 496. Provided:
a. Continuous possession and occupation in the same concept of owner is present
b. Since time immemorial
c. Period not less than thirty (30) years
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ANBOCHI. ATILLO. AVILA. MIRANDA. PORMENTO. REVOTE. REYES. SULIT.
LAND TITLES – ATTY. CADIZ
SUPPLEMENTAL REVIEWER
B.) Individually owned ancestral lands, actually used and agricultural in character, residential, pasture and for tree
farming including those with slopes of 18% or more are classified as alienable and disposable agricultural lands
C.) Option granted shall be exercised twenty (20) years from approval of this Act
B.) Delineating of specific perimeter may be initiated by the NCIP with consent of ICC or IP concerned, through a
Petition for Delineation filed with NCIP by majority of members of certain ICC or IP
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ANBOCHI. ATILLO. AVILA. MIRANDA. PORMENTO. REVOTE. REYES. SULIT.
LAND TITLES – ATTY. CADIZ
SUPPLEMENTAL REVIEWER
E.) Preparation of Maps and Reports: Ancestral Domains Office of NCIP prepares the perimeter map with technical
descriptions including natural features and landmarks therein, based on investigations and facts based on the
above mentioned proofs. Complete copy of census and investigation report will also be prepared
F.) Notice and Publication: Copy of each document including a translation in the native language of the concerned
ICCs or IPs shall be posted
i. In a prominent place therein
a) For at least fifteen (15) days
ii. Copy to be posted at local, provincial and regional NCIP offices
iii. Published in newspaper of general circulation
a) Once a week for two (2) consecutive weeks
a. This is to allow other claimants to file an opposition thereto
i. Within 15 days from date of publication
iv. Exception: areas where no such newspaper exists broadcasting in a radio station will be valid
v. Exception: Mere posting deemed sufficient if radio and newspaper are not available
G.) Endorsement to NCIP: Ancestral Domains Office (ADO) will prepare a report to the NCIP
i. Within fifteen (15) days from publication
ii. Endorses a favorable action upon a claim: deemed to have sufficient proof
iii. If proof is insufficient: additional evidence is required to be submitted
iv. ADO will also reject any claim deemed patently false or fraudulent (after inspection and
verification)
a) In case of rejection:
a. ADO gives applicant due notice
b. Copy furnished all concerned grounds for denial
c. Rejection may be appealed to the NCIP
b) In case of conflicting claims:
a. ADO will cause contending parties to meet
b. Assist them in arriving at a conflict resolution
c. Without prejudice to full adjudication based on the selection below
H.) Turnover of areas within ancestral domains managed by other government agencies:
a. Much like a return of ancestral domains and lands to rightful parties, from government agencies
i. NCIP chairperson certifies that area covered is ancestral domain
ii. Secretaries of DAR, DENR, DILG, DOJ, Commissioner of the National Development
Corporation and other agencies claiming jurisdiction over area covered shall be notified
iii. Notification terminates any legal basis for previously claimed jurisdiction
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ANBOCHI. ATILLO. AVILA. MIRANDA. PORMENTO. REVOTE. REYES. SULIT.
LAND TITLES – ATTY. CADIZ
SUPPLEMENTAL REVIEWER
A.) ICCs or IPs concerned using customs and traditions shall determine allocation of lands within ancestral domains
to individuals or indigenous claimants (family or clan)
B.) Individual and indigenous corporate claimants of ancestral lands not within ancestral domains, may have claims
officially established by filing applications for the identification and delineation of their claims with the Ancestral
Domains Office
a. Individual or recognized head of family or clan may file application in his
behalf or for the family or clan
D.) ADO may require from each ancestral claimant the submission of such other documents, Sworn Statements and
the like, which in its opinion, may shed light on the veracity of the contents of the application/claim
E.) Upon receipt of applications for delineation and recognition of ancestral land claims, ADO shall cause:
i. Publication of application
ii. Copy of each document translated in native language of ICCs or IPs concerned
1. Posted in a prominent place therein for at least fifteen (15) days
2. Posted also at local, provincial and regional offices of NCIP
3. Publication in a newspaper of general circulation once a week for two (2)
consecutive weeks to allow for other claimants to file opposition within fifteen
days (15) from date of publication
4. Exception: If there is no newspaper in said area radio broadcast will suffice
5. Exception: if no radio broadcast and newspaper is available posting shall be
sufficient
F.) Ancestral Domains Office investigates and inspects each application fifteen (15) days after such publication:
a. If Meritorious:
i. A parcellary survey shall be caused over area being claimed
b. Power to reject application:
i. Deemed patently false or fraudulent
ii. After inspection and verification
iii. Applicant will be give due notice, copy furnished to all concerned
iv. Rejection shall be appealable to the NCIP
c. In case of conflict:
i. Cause contending parties to meet and assist them to solve the conflict of claims
ii. No prejudice to full adjudication according to section 62 of this act
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ANBOCHI. ATILLO. AVILA. MIRANDA. PORMENTO. REVOTE. REYES. SULIT.
LAND TITLES – ATTY. CADIZ
SUPPLEMENTAL REVIEWER
d. Director of Lands shall represent the interest of the Republic of the Philippines in proceedings for
identification and delineation
e. ADO shall prepare and submit a report on each and every application surveyed and delineated to the
NCIP which in turn shall evaluate it
A.) ADO, upon written request from ICCs or IPs review existing claims which have been fraudulently acquired by any
person or community. Claim found to be obtained by fraud and issued may be cancelled by the NCIP after due
notice and hearing of parties concerned
A.) Subject to section 56, areas within ancestral domains, delineated or not shall be presumed to be communally
held. Communal rights under this act are not construed as co-ownership provided in the New Civil Code
A.) Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be
recognized and respected
Note: Sections 57-64 are self explanatory, and are not important with regard to land registration of ancestral domains and
ancestral lands. It relates to natural resources development of the ICCs or IPs, certification precondition of ICCs or IPs for
development of lands by other bodies. Tax exemptions. Conflict resolutions, temporary requisition powers, applicable laws.
Remedial measures are also included. With this reviewer I have included the codal provisions of IPRA for reference. To save
time it would be best to stick with those provisions that are related to land registration and publication etcetera. Chapter IX
Section 71 of the act provides for a Ancestral Domains Fund.
It would also be best not to print the IPRA, its’ way too long. Or better yet if you prefer you can print out those provisions
relevant to land registration based on this review.
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ANBOCHI. ATILLO. AVILA. MIRANDA. PORMENTO. REVOTE. REYES. SULIT.