Dear PAO,

Adjacent to our barangay is a vast barren land. A few months ago, I observed that a number of individuals who claim to be members of an indigenous group occupied the said land. A certain Mark who belongs to the same group even built a tomb. He made it appear that the same belongs to his ancestor who was buried in the early 1970s. Out of curiosity, I found out that Mark’s intention is to claim the land by native title and convince the government that he and his ancestors have been possessing the land since time immemorial. I also discovered that these individuals are really not Indigenous people. Can Mark acquire title over the land he is claiming?

Zikorski

Dear Zikorski,

The Indigenous peoples (IPs) or indigenous cultural communities (ICCs) claim of ownership over ancestral lands is governed by Republic Act (RA) 8371 or The Indigenous Peoples’ Rights Act of 1997. Under Section 3(l) of the said law, native title refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands, and are thus indisputably presumed to have been held that way since before the Spanish Conquest.

Correlative thereto, Section 3(b) of the same law also defines ancestral lands as:

“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.”

Individual members of the cultural communities may secure a certificate of title over these ancestral lands pursuant to Section 12 of RA 8371, upon showing continuous possession and occupation in the concept of an owner since time immemorial or for a period of not less than 30 years immediately preceding the approval of the law, and is uncontested by the members of the same ICCs/IPs.

Continuous possession of the land since time immemorial is vital in proving ownership by native title. This is backed by the decision of the Supreme Court in Republic of the Philippines v. National Commission on Indigenous People, et al., GR 209449, July 30, 2024, which was penned by Associate Justice Marvic M. V. F. Leonen:

“As this Court stated in the assailed judgment, ‘indigenous people may establish their ownership over their lands by proving occupation and possession since time immemorial in accordance with Cariño v. Insular Government. Moreover, it is important to note that what is needed for a claim of native title to prevail is proof that the indigenous peoples are in open, continuous, and actual possession of the land up to the present. The source of right is a vested property right.”

Applying the above-quoted decision to your situation, Mark is disqualified to avail of the benefits under RA 8371 or to claim ownership over the land by native title because he does not appear to be a member of an indigenous cultural community. Further, his act in building a tomb on the land in order to prove his or his ancestors’ possession is insufficient as proof of possession. Based from the facts mentioned in your letter, Mark’s possession can be reckoned only from a few months back. In order for claim of native title to prevail, it is essential that the claimant is a member of the indigenous people/indigenous cultural communities and the possession of the land must be open, continuous, and actual since time immemorial up to the present.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].