Position paper of Manobos

This dispute and contestabitlity upon the ancestral lands owned by the Manobo tribe arise when
the mayor of La paz, thought of creating a forest park in the said land. The mayor even created
fences that hinder the Manobo tribe to continue with their livelihood and traditional norms. Thus
constituting a complaint of cancellation of the said titles and asking for the sole right to their
ancestral domain. They are seeking to be protected by the laws governing their titles to have full
an undisputed legal ownership to their own territory.
IPRA is a landmark legislation in 1997 recognized internationally in its state recognition and
acknowledgement of Indigenous Peoples in the country. With IPRA, historical injustices inflicted
on Indigenous Peoples are supposed to be corrected by granting them self-determination over
their ancestral domains and lands. IPRA is also avowed to address the situation of
disempowerment and deprivation of most Indigenous Peoples. And to strengthen and affirm
the enactment of IPRA, Certificates of Ancestral Domain Titles (CADTs) and Certificates of
Ancestral Land Titles (CALTs) are to be issued, thus formalizing State recognition, apart from
other support mechanisms.
It is absolute that indigenous People’s rights are enshrined and protected by the constitution,
the Republic Act 8371: Indigenous People’s Rights Act of 1997. In fact, this law recognizes the
ownership of the Indigenous Cultural Communities and Indigenous People “MANOBO” of their
ancestral domain and ancestral land. The ancestral domain refers all to areas occupied and
possessed by themselves or their ancestors since time immemorial or based on pre-conquest
right or native title. Thus, it includes even those that are generally considered inalienable
properties like inland waters, coastal areas, forest, mineral lands and natural resources. It is
evident that, the concept of ownership by the Manobos is private but communal property
which belongs to all generation and shall not be sold, disposed nor destroyed. With this law the
following rights have been well established to prevent injustice in the Manobo ancestral land
and community.
(i) Right to their ancestral domains. (Chapter III, Section 11);
(ii) Right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will impact upon
their ancestral domains; (Chapter III, Section 7b);
(iii) Right to participate fully, if they so choose, at all levels of decision-making in
matters which may affect their rights, lives and destinies through procedures
determined by them; (Chapter IV, Section 16);
(iv) Right to receive just and fair compensation for any damages inflicted by or as
a result of any project, government or private; (Chapter III, Section 7b);
(v) Right to stay in their territory and not be removed from that territory. If
relocation is necessary as an exceptional measure, it can only take place with
the free and prior informed consent of the IPs and indigenous cultural
communities (ICC) concerned; (Chapter III, Section 7c);
(vi) Right to be secure in the lands to which they have been resettled; (Chapter
III, Section 7d);
(vii) Right to determine and decide their own priorities for the lands they own,
occupy, or use; (Chapter IV, Section 17);
(viii) Right to maintain, protect, and have access to their religious and cultural sites;
(Chapter IV, Section 33)
Apparently, these lands even the forest, minerals whether alienable disposable land have been
their refuge and their source of livelihood since history. This is their hunting grounds, burial
grounds, and worship areas which they traditionally had access for their subsistence and
traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators. This is where they made a home for their community and this is where they
preserve their cultural norms and living. It is injustice enough to deprive them of their own right
to their ancestral land. The encroachment of the title released by the government agencies
responsible for it, had affected the lives and the community of the Manobos. This affected their
constitutional right which the state has to protect. Manobos petition to ask for the cancellation
of the title that encroached in their ancestral domain and let the CADT prevail over the said title
and protect the rights of the Manobo.