NCIP officials hit for delaying’ issuance of ancestral land titles

By Erlindo Ocay Agwilang

Officials of the National Commission on Indigenous Peoples (NCIP) were assailed by Lower House members for delaying issuance of ancestral land titles among other issues.

Congressmen said NCIP officials appear to be in contrast to their mandate of implementing Chapter III, Section 12 of the Indigenous Peoples Rights Act (IPRA) giving cultural communities the option to secure certificate of titles with respect to their individually-owned ancestral lands.

In a meeting at the House of Representatives through the special committee on North Luzon growth quadrangle on May 20, Reps. Maximo B. Dalog (Mountain Province), Dakila E. Cua

(Quirino) and Deputy Speaker Carlos M. Padilla (Nueva Vizcaya) asked the NCIP why up to now, the IPRA is not being implemented when it is supposed to benefit indigenous peoples in the Cordillera and Northern Luzon.

 Section 12, Chapter III on the right to ancestral domains reads, “Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the Land Registration Act 496.  Individual members of cultural communities, with respect to their individually-owned ancestral lands who, by themselves or through their predecessors-in-interest, have been in continuous possession and occupation of the same in the concept of owner since time immemorial or for a period of not less than thirty (30) years immediately preceding the approval of this Act and uncontested by the members of the same ICCs/ IPs 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.

“Said individually-owned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of 18 percent or more, are  hereby classified as alienable and disposable agricultural lands. The option granted under this section shall be exercised within 20 years from the approval of this Act.”

 During a meeting with the NCIP and its commissioners last March 5,  Section 12 was tackled with Padilla urging the NCIP officials to look more closely on plight of IPs, most coming from Mountain Province and the Cordillera to onsider such IPs qualified and be awarded CADT on the ground they have been in possession of their lands for more than 30 years.

He said such has been endorsed by the regional director and the implementation of the subject provision is awaiting the signature of DENR Secretary Ramon Paje.

 It was however found out at the May 20 meeting that it was NCIP who had reservations in the signing of the draft rules and regulations governing the implementation of section 12 of RA 8371.

Lawyers Arthur Herman of NCIP Legal Affairs Office and  Jonathan Adaci of the Ancestral Domains Office said reason for the delay was due to change of management and the draft was still being reviewed by the legal department so proper safeguards will be incorporated.

The NCIP officials said this will prevent previous events wherein such was abused and lands were distributed to non-IPs in the case of Mindanao.

 Dalog said it is ironic that the NCIP which is supposed to be the principal agency in implementing said law is the one delaying and not performing its mandate.

 “How will it be abused when this is just purely giving the IPs the option on how they will title their lands? In fact, the scenario that happened in Mindanao could have been even more avoided if this IRR was approved earlier,” he added.

The NCIP officials admitted that there have been lapses in implementing the NCIP’s mandate and commissioners are divided whether or not to approve the IRR draft especially because there are a lot of new members to the 5th commission.

Dalog however said the lapses of some personalities within the NCIP should not be a reason not to approve the draft. “Let us remember that this particular section of the law will lapse in four years considering that we were given twenty years from the approval of IPRA. Are we going to just let this pass and deprive our fellow IPs their rights?” he said.

Rep. Cua supported his fellow lawmakers saying there was no reason why an implementing agency like NCIP should delay the crafting and implementation of the law. “The NCIP does not have any reason to sabotage the implementation of section 12,” he said.