The Supreme Court affirmed the cancellation of a Forest Land Grazing Lease Agreement (FLGLA) that had been illegally issued over ancestral land. The Court’s decision reinforces the rights of indigenous communities to reclaim their ancestral domains and prevents the unjust enrichment of private individuals through improperly obtained leases. This case underscores the government’s duty to protect indigenous land rights and ensures that previous legal violations do not perpetuate further injustices.

Whose Land Is It Anyway? A Battle Over Grazing Rights and Indigenous Claims

This case revolves around a dispute over 923 hectares of public forest land in General Santos City, which Nicasio I. Alcantara (petitioner) leased under FLGLA No. 542. The B’laan and Maguindanao people, represented by Rolando Paglangan (private respondents) and respondents-intervenors, claim the land as their ancestral domain, alleging continuous possession since time immemorial. Alcantara, son of a settler, had his pasture permit converted into the disputed FLGLA. The core legal question is whether Alcantara’s renewed FLGLA should be cancelled in favor of the ancestral land rights of the indigenous communities.

The private respondents filed a complaint before the Commission on the Settlement of Land Problems (COSLAP) in 1990, seeking the cancellation of Alcantara’s FLGLA and reversion of the land. They argued that Alcantara’s predecessor unlawfully seized the land. Alcantara challenged COSLAP’s authority, asserting the DENR’s jurisdiction over public lands. Despite the pending case, Alcantara renewed his FLGLA in 1993 for another 25 years. In 1997, Congress enacted Republic Act No. 8371, the Indigenous People’s Rights Act (IPRA), aimed at recognizing and promoting the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs).

COSLAP ruled in favor of the complainants in 1998, recommending the cancellation of Alcantara’s FLGLA and declaring the area ancestral land of the B’laans. COSLAP found that the FLGLA was issued without due process to the indigenous communities, violating existing laws. COSLAP asserted jurisdiction under Executive Order No. 561. Disagreeing, Alcantara sought reconsideration, which was denied. Alcantara then filed a petition for certiorari before the CA, which affirmed COSLAP’s decision. The Supreme Court, in G.R. No. 145838, upheld the CA and COSLAP, confirming COSLAP’s jurisdiction, the illegality of FLGLA No. 542, and the ancestral land status of the area. After finality, the private respondents sought execution, opposed by Alcantara.

On July 29, 2002, COSLAP issued a writ of execution to the DENR Secretary to implement the affirmed decision. DENR Secretary Heherson Alvarez ordered a review and investigation of FLGLA No. 542. The investigation revealed several violations by Alcantara, including failure to establish a food production area, forage improvement, and full payment of annual rentals. The investigation team found presence of squatters and determined that the FLGLA exceeded constitutional limits for individual land holdings. The OIC Regional Executive Director of DENR submitted a report indicating these violations. Consequently, Secretary Alvarez cancelled FLGLA No. 542, pending distribution to the concerned communities by the NCIP or COSLAP.

Alcantara sought reconsideration, which was denied. CENRO Andrew B. Patricio Jr. advised Alcantara to vacate the premises, followed by an Installation Order to install the private respondents’ indigenous communities. Alcantara filed a petition for certiorari before the CA, questioning the cancellation orders and seeking to have them annulled. The CA dismissed the petition, citing the finality of the Supreme Court’s decision in G.R. No. 145838, holding that the issues had been previously addressed.

Alcantara argues he sought clarification of residual rights under the IPRA Law. However, the Court rejected this argument, stating the case predates the IPRA and is governed by laws existing at the time COSLAP took cognizance. Moreover, the court stated that Alcantara had no right to the land and, therefore, no right to remain in its use and possession. The FLGLA’s illegality had been conclusively settled in G.R. No. 145838. The DENR Secretary’s cancellation simply conformed with those findings.

Moreover, the Court found Alcantara’s petition as outright forum shopping. He sought to revisit issues already decided. His argument that he retained residual rights for enjoyment of the land until the FLGLA’s original expiration date in 2018 was unacceptable because the prior judgment declared FLGLA No. 542 invalid and issued illegally. The Court found no vested rights could arise from that illegality.

The Court also determined no grave abuse of discretion occurred in the DENR officials’ implementation of the COSLAP decision. FLGLA No. 542 was characterized as a mere license subject to revocation, amendment, or cancellation whenever public welfare required. Given its conflict with indigenous rights, the FLGLA had to yield, with the Court noting that the determination of what’s in the public interest is vested in the State. In implementing the COSLAP decision, the Court noted that Sec. Alvarez didn’t cancel the license immediately but ordered the Regional Executive Director of DENR to conduct a review and investigation of FLGLA No. 542. Following the investigation and Alcantara’s participation through a representative, evidence indicated a list of violations, which only then caused Sec. Alvarez to issue the cancellation order.

FAQs

What was the key issue in this case?	The key issue was whether Nicasio Alcantara could maintain rights to land covered by a Forest Land Grazing Lease Agreement (FLGLA) that was determined to have been illegally issued, thus infringing on the ancestral land rights of the B’laan and Maguindanao people. The case examined whether the prior cancellation of the FLGLA was valid.
What is a Forest Land Grazing Lease Agreement (FLGLA)?	A FLGLA is a type of lease agreement issued by the Department of Environment and Natural Resources (DENR) that allows an individual or entity to use public forest land for grazing purposes, subject to certain terms and conditions. It is essentially a permit that allows the exploitation of a natural resource under state ownership.
What is the Indigenous People’s Rights Act (IPRA)?	The IPRA, or Republic Act No. 8371, is a Philippine law enacted in 1997 that recognizes and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of the Constitution. It seeks to protect their ancestral domains, cultural heritage, and self-determination.
What is the role of the Commission on the Settlement of Land Problems (COSLAP)?	COSLAP is a government agency tasked with resolving land disputes, especially those involving conflicts among small settlers, landowners, and members of cultural minorities. It has the power to investigate, refer, and sometimes assume jurisdiction over land problems to facilitate prompt and just resolutions.
What did the Supreme Court rule in G.R. No. 145838?	In G.R. No. 145838, the Supreme Court upheld the decision of the Court of Appeals and COSLAP, affirming that the FLGLA No. 542 issued to Nicasio Alcantara was illegal because it violated the ancestral land rights of the indigenous communities. The Court also confirmed COSLAP’s jurisdiction over the case.
What is the Regalian Doctrine?	The Regalian Doctrine is a legal principle in the Philippines which asserts that all lands of the public domain, waters, minerals, forests, and other natural resources are owned by the State. It serves as the foundation for the State’s authority over the country’s natural resources.
What is the significance of this case for indigenous communities?	This case reaffirms the rights of indigenous communities to reclaim their ancestral lands and prevents private entities from unjustly benefiting from illegally issued leases. It also underscores the government’s duty to respect and protect indigenous land rights, even if this requires the cancellation of existing agreements.
What is forum shopping and why was it relevant in this case?	Forum shopping occurs when a litigant files multiple cases based on the same cause of action, seeking a favorable ruling in different venues. The Supreme Court considered this as an effort to seek for an overturn of a past ruling and decision.

In conclusion, this case solidifies the principle that ancestral land rights take precedence over illegally issued leases, highlighting the state’s responsibility to protect indigenous communities. The decision reaffirms that previously invalidated agreements cannot confer continuing rights, promoting justice and equitable access to natural resources.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Nicasio I. Alcantara vs. Department of Environment and Natural Resources, G.R. No. 161881, July 31, 2008