EN BANC
G.R. No. 181284, April 18, 2017
LOLOY UNDURAN, BARANGAY CAPTAIN ROMEO PACANA, NESTOR MACAPAYAG, RUPERTO DOGIA, JIMMY TALINO, ERMELITO ANGEL, PETOY BESTO, VICTORINO ANGEL, RUEL BOLING, JERMY ANGEL, BERTING SULOD, RIO BESTO, BENDIJO SIMBALAN, AND MARK BRAZIL, Petitioners, v. RAMON ABERASTURI, CRISTINA C. LOPEZ, CESAR LOPEZ JR., DIONISIO A. LOPEZ, MERCEDES L. GASTON, AGNES H. LOPEZ, EUSEBIO S. LOPEZ, JOSE MARIA S. LOPEZ, ANTON B. ABERASTURI, MA. RAISSA A. VELEZ, ZOILO ANTONIO A. VELEZ, CRISTINA ABERASTURI, EDUARDO LOPEZ, JR., ROSARIO S. LOPEZ, JUAN S. LOPEZ, CESAR ANTHONY R. LOPEZ, VENANCIO L. GASTON, ROSEMARIE S. LOPEZ, JAY A. ASUNCION, NICOLO ABERASTURI, LISA A. ASUNCION, INEZ A. VERAY, HERNAN A. ASUNCION, ASUNCION LOPEZ, THOMAS A. VELEZ, LUIS ENRIQUE VELEZ, ANTONIO H. LOPEZ, CHARLES H. LOPEZ, ANA L. ZAYCO, PILAR L. QUIROS, CRISTINA L. PICAZO, RENATO SANTOS, GERALDINE AGUIRRE, MARIA CARMENCITA T. LOPEZ, AND AS REPRESENTED BY ATTORNEY-IN-FACT RAMON ABERASTURI, Respondents.
R E S O L U T I O N
PERALTA, J.:
For resolution are petitioners' Motion for Reconsideration and Supplemental Motion for Reconsideration of the Court's en banc Decision dated October 20, 2015, the dispositive portion of which states:
WHEREFORE, the petition is DENIED and the Court of Appeals Decision dated August 17, 2006, and its Resolution dated July 4, 2007, in CA-G.R. SP No. 00204-MIN, are AFFIRMED.In their Motion for Reconsideration, petitioners maintain that it is the National Commission on Indigenous Peoples (NCIP), not the regular courts, which has jurisdiction over disputes and controversies involving ancestral domain of the Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs) regardless of the parties involved.
SO ORDERED.
Both original and amended complaints, accion reivindicatoria and injunction, respectively, are incapable of pecuniary estimation; thus falling within the jurisdiction of the RTC. As correctly pointed out by the ponencia, "jurisdiction over the subject matter of a case is conferred by law and determined by the allegations in the complaint which comprise a concise statement of the ultimate facts constituting the plaintiff's cause of action." It cannot be acquired through a waiver or enlarged by the mission of the parties or conferred by acquiescence of the court.17In his Separate Opinion, Justice Arturo D. Brion also concurred with the ponencia's conclusion that the RTC has jurisdiction over the case because (1) the CA correctly ruled that the RTC's February 14, 2005 Order is not tainted with grave abuse of discretion, (2) jurisdiction over the subject matter is determined by law and the allegations of the complaint; and (3) the NCIP's jurisdiction over disputes is limited to cases where both parties are members of the same ICC/IP group.
As previously adverted to, we are not unaware of The City Government of Baguio City, et al. v. Atty. Masweng, et al. and similar cases where we made an implicit affirmation of the NCIP's jurisdiction over cases where one of the parties are non-ICCs/IPs. Such holding, however, and all the succeeding exercises of jurisdiction by the NCIP, cannot tie our hands and declare a grant of primary and/or original jurisdiction, where there is no such explicit conferment by the IPRA. At best, the limited jurisdiction of the NCIP is concurrent with that of the regular trial courts in the exercise of the latter's general jurisdiction extending to all controversies brought before them within the legal bounds of rights and remedies.19Guided by the foregoing ruling, the Court held in Begnaen v. Spouses Caligtan20 that the NCIP-Regional Hearing Office (RHO), being the agency that first took cognizance of petitioner-appellant's complaint, has jurisdiction over the same to the exclusion of the MCTC. In said case where both parties are members of the same ICC and the subject of their dispute was an ancestral land, petitioner-appellant first invoked the NCIP's jurisdiction by filing with the RHO his complaint against respondents for "Land Dispute and Enforcement of Rights." When the RHO dismissed the complaint without prejudice for his failure to first bring the matter for settlement before the Council of Elders as mandated by the IPRA, petitioner-appellant filed instead a complaint for forcible entry before the MCTC. Aside from its ruling that th NCIP has excluded the MCTC of its jurisdiction over the same subject matter the Court said that petitioner is estopped from belatedly impugning the jurisdiction of the NCIP-RHO after initiating a complaint before it and receiving ail adverse ruling.
Section 83 of the IPRA, the repealing clause, only specifies Presidential Decree No. 410, Executive Order Nos. 122B and 122C as expressly repealed. While the same section does state that "all other laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly," such an implied repeal is predicated upon the condition that a substantial and an irreconcilable conflict must be found in existing and prior Acts. The two laws refer to different subject matters, albeit the IPRA includes the jurisdiction of the NCIP. As such, resolution of conflicts between parties who are not both ICCs/IPs may still fall within the general jurisdiction of regular courts dependent on the allegations in the complaint or petition and the status of the parties.In Begnaen v. Spouses Caligtan,29 the Court affirmed and emphasized the afore-quoted ruling in Lim v. Gamosa30 where it struck down as void an administrative rule that expanded the jurisdiction of the NCP beyond the boundaries of the IPRA.
There is no clear irreconcilable conflict from the investiture of jurisdiction to the NCIP in instances where, among others, all the parties are ICCs/IPs and the claim or dispute involves their rights, and the specific wording of Batas Pambansa Bilang 129, Sections 19-21 on the exclusive and original jurisdiction of the Regional Trial Courts, and Sections 33-35 on the exclusive and original jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.
We should not, and cannot, adopt the theory of implied repeal except upon a clear and unequivocal expression of the will of the Congress, which is not manifest from the language of Section 66 of the IPRA which, to reiterate: (1) did not use the words "primary" and/or "original and exclusive" to describe the jurisdiction of the NCIP over "all claims and disputes involving rights of ICCs/IPs" and (2) contained a proviso requiring certification that the parties have exhausted their remedies provided under customary laws.
We are quick to clarify herein that even as we declare that in some instances the regular courts may exercise jurisdiction over cases which involve rights of ICCs/IPs, the governing law for these kinds of disputes necessarily include the IPRA and the rights the law bestows on ICCs/IPs.
SECTION 52. Delineation Process. - The identification and delineation of ancestral domains shall be done in accordance with the following procedures:2. Section 53 on the NCIP-ADO's power to deny applications for CALTs and on the NCIP's power to grant meritorious claims and resolve conflicting claims:
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h) Endorsement to NCIP. - Within fifteen (15) days from publication, and of the inspection process, the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient proof. However, if the proof is deemed insufficient, the Ancestral Domains Office shall require the submission of additional evidence: Provided, That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided, further, That in case of rejection, the Ancestral Domains Office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP: Provided, furthermore, That in cases where there are conflicting claims among ICCs/IPs on the boundaries of ancestral domain claims, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to the section below.
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SECTION 62. Resolution of Conflicts. - In cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the survey plan, and which cannot be resolved, the NCIP shall hear and decide, after notice to the proper parties, the disputes arising from the delineation of such ancestral domains: Provided, That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral domains, customary process shall be followed. The NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided,further, That any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the application, implementation, enforcement and interpretation of this Act may be brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy thereof.39
SECTION 53. Identification, Delineation and Certification of Ancestral Lands.-3. Section 54 as to the power of the NCIP to resolve fraudulent claims over ancestral domains and lands:
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e) Upon receipt of the applications for delineation and recognition of ancestral land claims, the Ancestral Domains Office shall cause the publication of the application and a copy of each document submitted including a translation in the native language of the ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A copy of the document shall also be posted at the local, provincial, and regional offices of the NCIP and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspapers and radio station are not available;
f) Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and inspect each application, and if found to be meritorious, shall cause a parcellary survey of the area being claimed. The Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. In case of rejection, the Ancestral Domains Office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP. In case of conflicting claims among individuals or indigenous corporate claimants, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to Sec. 62 of this Act. In all proceedings for the identification or delineation of the ancestral domains as herein provided, the Director of Lands shall represent the interest of the Republic of the Philippines; and
g) The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to the NCIP, which shall, in tum, evaluate the report submitted. If the NCIP finds such claim meritorious, it shall issue a certificate of ancestral land, declaring and certifying the claim of each individual or corporate (family or clan) claimant over ancestral lands.40
SECTION 54. Fraudulent Claims. - The Ancestral Domains Office may, upon written request from the ICCs/IPs, review existing claims which have been fraudulently acquired by any person or community. Any claim found to be fraudulently acquired by, and issued to, any person or community may be cancelled by the NCIP after due notice and hearing of all parties concerned.41As can be gleaned from the foregoing provisions, the NCIP has primary jurisdiction over these cases even if one of the parties is a non ICC/IP, or where the opposing parties are members of different ICCs/IPs groups. Indeed, the questions involved in said cases demand the exercise of sound administrative discretion requiring special knowledge, experience, and services of the NCIP to determine technical and intricate matters of fact.42 No less than the IPRA states that the NCIP is the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domain as well as their rights thereto,43 with due regard to their beliefs, customs, traditions and institutions.44 At this juncture, it is not amiss to state that the NCIP's decision shall be appealable to the Court of Appeals by way of a petition for review under Rule 43 of the Rules of Court.45
The word "jurisdiction" in the first part of Section 66 is unqualified. Section 66 (then Section 71) of Senate Bill 1728 was originally worded exclusive and original jurisdiction. During the Bicameral Conference, the lower house objected to giving the NCIP exclusive and original jurisdiction:Another cogent reason why the NCIP's quasi-judicial jurisdiction over claims and disputes involving rights of ICCs/IPs under Section 66 of the IPRA cannot be exclusive and original, is because of the so-called "Contentious Areas/Issues" identified in the Joint Department of Agriculture-Land Registration Authority-Department of Environment and Natural Resources-National Commission on Indigenous Peoples (DARDENR-LRA-NCIP) Administrative Order No. 01, Series of 2012.48 Such contentious matters arose in the course of the implementation of the Comprehensive Agrarian Reform Law,49 the IPRA, the Public Land Act,50 and the Land Registration Act,51 as amended by the Property Registration Decree,52 which created not only issues of overlapping jurisdiction between the DAR, DENR and NCIP, but also operational issues and conflicting claims in the implementation of their respective programs.The Bicameral Committee's removal of the words "exclusive and original" mean that the NCIP shares concurrent jurisdiction with the regular courts. Thus, I agree with the revised ponencia that it would be ultra vires for the NCIP to promulgate rules and regulations stating that it as exclusive jurisdiction.47
Sen. Juan Flavier: (Chairman of the Senate Panel) There is exclusive original. And so what do you suggest? .... .... Rep. Zapata (Chairman of the Panel for the House of Representatives) Chairman, may I butt in? Sen. Flavier Yes, please. Rep. Zapata This was considered. The original, we were willing in the house. But the "exclusive", we objected to the word "exclusive" because it would only be the commission that would exclude the court and the Commission may not be able to undertake all the review nationwide. And so we remove the word "exclusive" so that they will have original jurisdiction but with the removal of the word "exclusive" that would mean that they may bring the case to the ordinary courts of justice. Sen. Flavier Without passing through the commission? Rep. Zapata Yes, Anyway, if they go to the regular courts, they will have to litigate in court, because if its (sic) exclusive, that would be good. Sen. Flavier But what he is saying is that... Rep. Zapata But they may not have the facility. Rep. ____ Senado na lang. Rep. Zapata Oo, iyong original na lang. Sen. Flavier In other words, it's not only the Commission that can originate it, pwedeng mag originate sa courts. Rep. Zapata Or else, we just remove "exclusive original" so that they will say, the National will have jurisdiction over claims. So we remove both "exclusive and original". Sen. Flavier So what version are you batting for, Mr. Chairman? Rep. Zapata Just to remove the word "exclusive original." The Commission will still have jurisdiction only that, if the parties will opt to go to courts of justice, then this have (sic) the proper jurisdiction, then they may do so because we have courts nationwide. Here there may be not enough courts of the commission. Sen. Flavier So we are going to adopt the senate version minus the words "exclusive original"? Rep. Zapata Yes, Mr. Chairman, that's my proposal Sen. Flavier No, problem. Okay, approved. xxxx46
Section 14. Exclusion/Segregation of Lands Covered by Judicially Decreed Titles and Titles Administratively issued by DENR and DAR. In the delineation and titling of ADs/ALs, the NCIP must exclude and segregate all lands covered by titles. For this purpose, the registered owner of the land may opt to submit to the NCIP a copy of the title of the property to facilitate segregation or exclusion pursuant to existing guidelines and other pertinent issuances.Note that the "property rights" referred to in Section 5656 of the IPRA belong to those acquired by individuals, whether indigenous or non indigenous peoples, as said provision makes no distinction as to the ethnic originof the ownership of these rights.57 Considering the rule on statutory construction that courts should not distinguish where the law does not do so, the IPRA thus recognizes and respects "vested rights" regardless of whether they pertain to IPs or non-IPs, and it only requires that these "property rights" already exist and/or vested upon its effectivity.58
The ICCs/IPs, however, are not precluded from questioning the validity of these titles in a proper forum as hereunder enumerated:
1. DAR Secretary for registered EPs or CLOAs; and
2. Regional Trial Court for registered patents/judicially-decreed titles.
On the other hand, the DAR and DENR shall not process titles pursuant to their mandate on lands certified by NCIP as ancestral domain or ancestral lands except in areas with prior and vested rights. Provided, however, that the certification by NCIP on lands as Ancestral Domains or Ancestral Lands pursuant to Section 52(i) of IPRA presupposes that the provision of Section 13 hereof on the projection of survey plans and issuance of Certification ofNon-Overlap have already been complied with.
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Section 16. CARP Coverage of Titled Properties. Titled lands under the Torrens System issued prior to IPRA are deemed vested rights pursuant to the provision of Section 56 of IPRA. Accordingly, the DAR shall proceed with the CARP coverage of said lands, unless a Restraining Order is issued by the Supreme Court without prejudice, however, to the rights of the ICCs/IPs to question the validity of these titles before a court or body of competent jurisdiction.55
Section 72 of the IPRA provides that any person who violates the rights.ofiCCs/IPs shall be punished "in accordance with the customary laws of the ICCs/IPs concerned.... without prejudice to the right of the ICC/IP concerned to avail of the protection of "existing laws. . .[i]n which case," the penalty shall be imprisonment and/or fine, and damages, "upon the discretion of the court."There is also no merit in petitioners' argument that the Court's interpretation of the NCIP's jurisdiction under Section 66 of the IPRA runs counter to its purpose to protect the rights, customs, customary laws and cultural integrity of the ICCs/IPs. To stress, even as Section 66 grants jurisdiction to the NCIP over claims and disputes involving rights of ICCs/IPs, it is required that the opposing parties are both ICCs/IPs who have exhausted all their remedies under their customs and customary law before bringing their claim and dispute to the NCIP.61 And, in some instances that the regular courts may exercise jurisdiction over cases involving rights of ICCs/IPs, the governing law for such disputes necessarily include the IPRA and the rights the law bestows on ICCs/IPs.62
"Existing laws" refer to national laws as opposed to customary laws; while "the court" refers to the regular courts as opposed to administrative bodies like the NCIP.
Under Section 72, ICCs/IPs can avail of the protection under national laws and file an action before the regular courts, in which case, the penalty shall be imprisonment and/or fine, and damages. From this perspective, Section 72 is a special penal law that applies to ALL persons, including non-ICCs/IPs.
The phrase "without prejudice," however, means without limiting the course of action that one can take. Thus, a recourse under customary laws does not take away the right of ICCs/IPs to secure punishment under existing national laws. An express caveat under the customary law option is that the penalty must not be cruel, degrading, or inhuman, nor shall it consist of the death penalty or excessive fines.
Since the regular courts, not the NCIP, have jurisdiction over national laws, then the NCIP's jurisdiction is limited to punishment under customary laws.
The NCIP's power to impose penalties under customary laws presents two important issues: first, whether it is legally possible to punish non-ICCs/IPs with penalties under customary laws; and second, whether a member of a particular ICC/IP could be punished in accordance with the customary laws of another ICC/IP.
Laws that provide for fines, forfeitures, or penalties for their violation or otherwise impose a burden on the people, such as tax and revenue measures, must be published.
Most customary laws are not written, much less published. Hence, it is highly unlikely that the NCIP or even the regular courts have the power to penalize non-ICCs/IPs with these penalties under customary laws. A contrary ruling would be constitutionally infirm for lack of due process.
Similarly, an ICC/IP cannot be punished under the customary law of another. Otherwise, the former would be forced to observe a non binding customary law.
Therefore, while the NCIP has jurisdiction over violations of ICC/IP rights, its jurisdiction is limited to those committed by and against members of the same ICC/IP.
This view does not detract from the IPRA's policy to "protect the rights of ICCs/IPs." ICCs/IPs, whose rights are violated by non-ICCs/IPs or by members of a different ICC/IP, can still file criminal charges before the regular courts. In this situation, the NCIP's role is not to adjudicate but to provide ICCs/IPs with "legal assistance in litigation involving community interest."60
Anent the use of customary laws in determining the ownership and extent of ancestral domains, suffice it to say that such is allowed under paragraph 2, Section 5 of Article XII of the Constitution. Said provision states, "The Congress may provide for the applicability of customary laws governing property rights and relations in determining the ownership and extent of the ancestral domains." Notably, the use of customary laws under IPRA is not absolute, for the law speaks merely of primacy of use. xxxLikewise, unavailing is petitioners' contention that unresolved claims and disputes between different ICCs/IPs groups, and those between ICCs/IPs and non-ICCs/IPs should fall under the jurisdiction of the NCIP. In this regard, the Court shares the view of Justice Perez:
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The application of customary law is limited to disputes concerning property rights or relations in determining the ownership and extent of the ancestral domains, where all the parties involved are members of indigenous peoples, specifically, of the same indigenous group. It therefore follows that when one of the parties to a dispute is a nonmember of an indigenous group, or when the indigenous peoples involved belong to different groups, the application of customary layv is not required.
Like any other law, the objective of IPRA in prescribing the primacy of customary law in disputes concerning ancestral lands and domains where all parties involved are indigenous peoples is justice. The utilization of customary laws is in line with the constitutional policy of recogmzmg the application thereof through legislation passed by Congress.
Furthermore, the recognition and use of customary law is not a novel idea in this jurisdiction. Under the Civil Code, use of customary law is sanctioned, as long as it is proved as a fact according to the rules of evidence, and it is not contrary to law, public order or public policy. Moreover, the Local Government Code of 1991 calls for the recognition and application of customary laws to the resolution of issues involving members of indigenous peoples. This law admits the operation of customary laws in the settling of disputes if such are ordinarily used in barangays where majority of the inhabitants are members of indigenous peoples.65
That the proviso found in Section 66 of the IPRA is exclusionary, specifically excluding disputes involving rights of IPs/ICCs where the opposing party is non-ICC/IP, is reflected in the IPRA's emphasis of customs and customary law to govern in the lives of the ICCs/IPs.Anent what Justice Perez described as the "implicit affirmation" done in The City Government of Baguio City v. Masweng67 of the NCIP's jurisdiction over cases where one of the parties is not ICC/IPs, a careful review of that case would show that the Court merely cited Sections 3(k),68 3869 and 66 of the IPRA and Section 570 of NCIP Administrative Circular No. 1-03 dated April 9, 2003, known as the Rules on Pleadings, Practice and Procedure Before the NCIP, as bases of its ruling to the effect that disputes or controversies over ancestral lands/domains of ICCs/IPs are within the original and exclusive jurisdiction of the NCIP-RHO. However, the Court did not identify and elaborate on the statutory basis of the NCIP's "original and exclusive jurisdiction" on disputes or controversies over ancestral lands/domains of ICCs/IPs. Hence, such description of the nature and scope of the NCIP's jurisdiction made without argument or full consideration of the point, can only be considered as an obiter dictum, which is a mere expression of an opinion with no binding force for purposes of res judicata and does not embody the determination of the court.71
Indeed, non-ICCs/IPs cannot be subjected to the special and limited jurisdiction of the NCIP even if the dispute involves rights of ICCs/IPs since tile NCIP has no power and authority to decide on a controversy involving as well rights of non-ICCs/IPs which may be brought before a court of general jurisdiction within the legal bounds of rights and remedies. Even as a practical concern, non-IPs and non members of ICCs ought to be excepted from the NCIP's competence since it cannot determine the right-duty correlative, and breach thereof, between opposing parties who are ICCs/IPs and non-ICCs/IPs, the controversy necessarily contemplating application of other laws, not only customs and customary law of the ICCs/IPs. In short, the NCIP is only vested with jurisdiction to determine the rights of ICCs/IPs based on customs and customary law in a given controversy against another ICC/IP, but not the applicable law for each and every kind of ICC/IP controversy even against an opposing non-ICC/IP.66
| Very truly yours, |
(SGD) | |
FELIPA G. BORLONGAN-ANAMA | |
Clerk of Court |
Endnotes:
1 149 Phil. 137 (1971).
2 158 Phil. 322 (1974).
3 159 Phil. 859 (1975).
4 147 Phil. 488 (1971).
5 149 Phil. 358 (1971).
6 Section 66. Jurisdiction of the NCIP. - The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICC/IPs: Provided, however, that no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of Elder/Leaders who partidpated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP.
7 Section 65. Primacy of Customary Laws and Practices. - When disputes involve ICCs/IPs, customary laws and practices shall be used in resolving the dispute.
8 Section 46. Offices within the NCIP. - The NCIP shall have the following offices which shall be responsible for the implementation of the policies hereinafter provided:
g) Legal Affairs Office. - There shall be a Legal Affairs Office which shall advice the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for providing ICCs/IPs with legal assistance in litigation involving community interest. It shall conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs against a natural or juridical person believed to have violated ICCs/IPs rights. On the basis of its findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP.
9 Section 62. Resolution of Conflicts. - In cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the survey plan, and which cannot be resolved, the NCIP shall hear and decide, after notice to the proper parties, the disputes arising from the delineation of such ancestral domains: Provided, That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral domains, customary process shall be followed. The NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided, further, That any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the application, implementation, enforcement and interpretation of this Act may be brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy thereof.
10 Section 69. Quasi-Judicial Powers of the NCIP. - The NCIP shall have the power and authority:
a) To promulgate rules and regulations governing the hearing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this Act;
b) To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, agreements and other document of similar nature as may be material to a just determination of the matter under investigation or hearing conducted in pursuance of this Act;
c) To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and
d) To enjoin any or all acts involving or arising from any case pending before it which, if not restrained forthwith, may cause grave or irreparable damage to any of the parties to the case or seriously affect social or economic activity.
11 Section 70. No Restraining Order or Preliminary Injunction. - No inferior court of the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the NCIP or any of its duly authorized or designated offices in any case, dispute or controversy arising from, necessary to, or interpretation of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains.
12 Section 72. Punishable Acts and Applicable Penalties. - Any person who commits violation of any of the provisions of this Act, such as, but not limited to, unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman punishment: Provided, further, That neither shall the death penalty or excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. In which case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine of not less than One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000) or both such fine and imprisonment upon the discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence of the unlawful act.
13 597 Phil. 668 (2009).
14 705 Phil. 103 (2013).
15Spouses Atuel v. Sps. Valdez, 451 Phil. 631, 645 (2003).
16 Penned by Associate Justice Diosdado M. Peralta and concurred in by Chief Justice Maria Lourdes P. A. Sereno and Associate Justices Presbitero J. Velasco, Jr. (Concurring Opinion), Teresita J. Leonardo-De Castro, Arturo D. Brion (Separate Opinion), Lucas P. Bersamin, Martin S. Villarama, Jr., Jose Portugal Perez (Concurring Opinion), Jose Catral Mendoza, Bienvenido L. Reyes, Estela M. PerlasBernabe, Marvic M.V.F. Leonen (Separate Concurring), and Francis H. Jardeleza. Associate Justices Antonio T. Carpio and Mariano C. Del Castillo, on official leave.
17 Citations omitted.
18Lim, et al. v. Hon. Gamosa, G.R. No. 193964, December 2, 2015.
19 Citations omitted and emphasis added.
20Begnaen v. Spouses Caligtan, G.R. No. 189852, August 17, 2016. Penned by Chief Justice Sereno, with Associate Justices Leonardo-de Castro, Bersamin, Perlas-Bernabe and Alfredo Benjamin S. Caguioa, concurring.
21Lim, et al. v. Han. Gamosa, supra note 18, and Begnaen v. Spouses Caligtan, supra note 20. Penned by Associate Justice Perez, with Chief Justice Sereno, and Associate Justices Leonardo-de Castro, Bersamin, Perlas-Bernabe, and Caguioa, concurring.
22Bank of Commerce v. Planters Development Bank, et al., 695 Phil. 627, 653 (2012).
23 21 C.J.S. Courts § 16 (1940).
24Bank of Commerce v. Planters Development Bank, et al., supra note 22, at 653.
25 21 C.J.S. Courts § 16 (1940).
26Chartered Bank of India v. Imperial, 48 Phil. 931, 949 (1921).
27Manila Electric Co. v. Public Utililies Employees Association, 19 Phil. 409, 411 (1947).
28Supra note 18.
29Supra note 20.
30Supra note 18.
31Supra note 20.
32 21 C.J.S. Courts § 18 (1940).
33Id. § 488.
34Id. § 492.
35 20 Am Jur 2d Courts § 91 (1995).
36Unduran v. Aberasturi, October 20, 2015.
37Id. citing Bank of Commerce v. Planters Development Bank, supra note 22, at 660.
38 Sec. 38. National Commission on Indigenous Cultural Communities/Indigenous Peoples (NCIP). - To carry out the policies herein set forth, there shall be created the National Commission on ICCs/IPs (NCIP), which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domain as well as their rights thereto.
39 Emphasis and underscoring added.
40 Emphasis and underscoring added.
41 Emphasis and underscoring added.
42Phil Pharmawealth, Inc. v. Pfizer, Inc., 649 Phil. 423, 438 (2010), citing Fabia v. Court of Appeals, 437 Phil. 389, 402-403 (2002).
43 IPRA, Section 38.
44 IPRA, Section 39.
45 IPRA, Section 67.
46 Citing October 9, 1997 Bicameral Conference Meeting on the Disagreeing Provisions of SBN 1728 and 9125. (Emphasis in the original)
47 Emphasis added; underscoring in the original.
48 Subject: Clarifying, Restating and Interfacing the Respective Jurisdictions, Policies, Programs and Projects of the Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR), Land Registration Authority (LRA) and the National Commission on Indigenous Peoples (NCIP) in Order to Address Jurisdictional and Operational Issues Between and Among the Agencies.
49 Republic Act No. 6657.
50 Commonwealth Act No 141, as amended.
51 Act No. 496.
52 Presidential Decree No. 1529.
53 Exhaustion of all remedies provided under customary laws, and the Certification issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved.
54Estate Nelson Dulay v. Aboitiz Jebsen Maritime Inc., et al., 687 Phil. 153, 162 (2012).
55 Emphasis in the original; underscoring added.
56 Sec. 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.
57Cruz v. Secretary of Environment & Natural Resources, 400 Phil. 904, 1080 (2000), Separate Opinion of Justice Santiago M. Kapunan.
58Id.
59 Section 72. Punishable Acts and Applicable Penalties. - Any person who commits violation of any of the provisions of this Act, such as, but not limited to, unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman punishment: Provided, further, That neither shall the death penalty or excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. In which case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not more than twelve (12) years or a fine of not less than One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000) or both such fine and imprisonment upon the discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence of the unlawful act. (Emphasis and underscoring added)
60 Citations omitted; Italics and emphasis in the original.
61Lim v. Gamosa, supra note 18.
62Id.
63 Section 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes. - The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanism and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights.
64Supra note 57.
65Cruz v. Secretary of Environment and Natural Resources, supra, at 1084-1085. (Citations omitted)
66 Emphasis in the original.
67Supra.
68 Section 3. Definition ofTerms. - For purposes of this Act, the following terms shall mean:
xxxx
k) National Commissian on Indigenous Peoples (NCIP) - refers to the office created under this Act, which shall be under the Office of the President, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;
69 Section 38. National Commission on Indigenous Cultural Communities/Indigenous Peoples (NCIP). - To carry out the policies herein set forth, there shall be created the National Commission on ICCs/IPs (NCIP), which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domain as well as their rights thereto.
70 Section 5. Jurisdiction of the NCIP. - The NCIP through its Regional Hearing Offices shall exercise jurisdiction over all claims and disputes involving rights of ICCs/IPs and all cases pertaining to the implementation, enforcement, and interpretation of R.A. 8371, including but not limited to the following:
(1) Original and Exclusive Jurisdiction of the Regional Hearing Office (RHO) a. Cases involving disputes and controversies over ancestral lands/domains of ICCs/IPs; xxxx (2) Original Jurisdiction of the Regional Hearing Officer: a. Cases affecting property rights, claims of ownership, hereditary succession, and settlement of land disputes, between and among ICCs/IPs that have not been settled under customary laws; and xxxx (3) Exclusive and Original Jurisdiction of the Commission: a. Petition for cancellation of Certificate of Ancestral Domain Titles/Certificate of Ancestral Land Titles (CADTs/CALTs) alleged to have been fraudulently acquired by, and issued to, any person or community as provided for under Section 54 of R.A. 8371. Provided that such action is filed within one (1) year from the date of registration.
71Land Bank of the Philippines v. Suntay, 678 Phil. 879, 913-914 (2011).
LEONEN, J.:
After a circumspect review of the relevant laws and jurisprudence, the Court maintains that the jurisdiction of the NCIP under Section 66 of the IPRA is limited [to] claims and disputes involving rights of IPs/ICCs where both parties belong to the same ICC/IP group, but if such claims and disputes arise between or among parties who do not belong to the same ICC/IP group, the proper regular courts shall have jurisdiction.2In my concurrence to the original decision, I pointed out that this was premised on Section 66 of the Indigenous Peoples' Rights Act, which has required that "no [claims and disputes involving rights of indigenous cultural communities/indigenous peoples] shall be brought to the National Commission on Indigenous Peoples (NCIP) unless the parties have exhausted all remedies provided under their customary laws."3 The primacy given to customary laws assumes membership in the same ethnolinguistic group that have been and still are practicing the same customary norms not contrary to law.
Endnotes:
1 Rep. Act No. 8371 sec. 66 provides:
Section 66. Jurisdiction of the NCIP. - The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP.
2 Ponencia, p. 9.
3 Rep. Act No. 8371, sec. 66.
4 Rep. Act No. 8369, sec. 3 provides:
Section 3. Establishment of Family Courts. - There shall be established a Family Court in every province and city in the country. In case where the city is the capital of the province, the Family Court shall be established in the municipality which has the highest population.
5 Supreme Court Adm. O. No. 23-08 (2008), Designation of Special Courts to Hear, Try and Decide Environmental Cases.
6 Adm. Matter No. 03-03-03-SC, Designating Certain Branches of the Regional Trial Courts to Try and Decide Cybercrime Cases Under Republic Act No. 10175.