Land Property

Rights of
Indigenous
Peoples
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—MACLI’ING DULAG, TRIBAL CHIEFTAIN, BUTBUT TRIBE

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 BACKGROUND

“Land is life to indigenous peoples. It is their abode since time immemorial. It is

the material
material basis ofbasis
theirofcollective
their collective identity
identity andand survival as indigenous peoples.
survival
Ancestral domain to the indigenous peoples is a holistic concept encompassing
not only the land but including its resources: the rivers, forests, the flora and
fauna, the minerals underneath and the air above. It is not notaacommodity
commodity
to be sold or exchanged but a resource to be nurtured for future generations.”
-- Jacqueline Cariño, Country Technical Note on Indigenous Peoples’ Issues, available at
https://www.ifad.org/documents/38714170/40224860/philippines_ctn.pdf/ae0faa4a-2b65-4026-8d42-219db776c50d 11 Oct 2019.
Land Ownership in the
Philippines
Everything is owned by the state and each
person owns property as a privilege that
can be taken away by state under
established modes

4
 BACKGROUND

Usufruct, entrusted by the Inheritance, Sale, Compensation Communal, adheres to the spirit
Creator to everyone, not subject of collectivism and rejects the
to ownership, sale, purchase, or idea of private property
lease because of its divine origin
(sacred), cannot be removed
from the community’s use

Inheritance, Sale, Donation Private and exclusive

State Grant
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 IPRA

Salient Features, Land Ownership

 IPRA and Indigenous Land Ownership
(Salient Features)

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Reference : The basics you can find anywhere 5 Steps To Successful Storytelling Published on April 5, 2014 Featured in: Marketing & Advertising
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Communal Ownership Toward

Sustainability and that Life is Intertwined
with Land
9 9
 1

Communal Ownership Toward

Sustainability and that Life is Intertwined
with Land
10 10
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Ancestral Domains - Subject to Section 56 hereof, 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

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2
Ancestral Domains - Subject to Section 56 hereof, 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 12
 3
Ancestral Lands - Subject to Section 56 hereof, refers to
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;

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3

Ancestral Lands - Subject to Section 56 hereof, refers to 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;

Note: Important to distinguish because each as defined is accorded different rights under IPRA, Section 57

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Free and Prior Informed Consent - as used

in this Act shall mean the consensus of all
members of the ICCs/IPs to; be determined
in accordance with their respective
customary laws and practices, free from any
external manipulation, interference and
coercion, and obtained after fully disclosing
the intent and scope of the activity, in a
language an process understandable to the 15
 A
Full Blown FPIC
(Sec 22)

Kinds of
Processes in
B Validation of NESSA
(Sec 24)
the 2012 FPIC
C
Validation of CSIA
Guidelines (Sec 39)

D Validation of EPRs
(Sec 50)
 5

Section 56
Existing Property Rights Regimes. -
Property rights within the ancestral
domains already existing and/or vested
upon effectivity of this Act, shall be
recognized and respected.

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 ISSUES
!

-- Jacqueline Cariño, Country Technical Note on Indigenous Peoples’ Issues, available at

https://www.ifad.org/documents/38714170/40224860/philippines_ctn.pdf/ae0faa4a-2b65-4026-8d42-219db776c50d 11 Oct 2019.
 IPRA and Indigenous Land Ownership
(Salient Features)

1 2 3 4 5

Reference : The basics you can find anywhere 5 Steps To Successful Storytelling Published on April 5, 2014 Featured in: Marketing & Advertising
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 THANK YOU

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