The Supreme Court clarified the jurisdiction between regular courts and the National Commission on Indigenous Peoples (NCIP) in disputes involving ancestral lands. The Court held that while the NCIP has jurisdiction over disputes involving Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs), this jurisdiction is concurrent with regular courts. An NCIP administrative rule claiming exclusive jurisdiction was struck down as void, reaffirming the principle that administrative rules cannot expand the scope of a law. This decision ensures that regular courts retain their authority in resolving land disputes even when ICCs/IPs are involved.

Clash of Jurisdictions: Who Decides the Fate of Ancestral Lands?

This case revolves around a land dispute in Mountain Province between Thomas Begnaen and Spouses Leo and Elma Caligtan, all members of the Kankanaey Tribe. Begnaen filed a forcible entry complaint in the Municipal Circuit Trial Court (MCTC) after the NCIP Regional Hearing Office (RHO) dismissed his initial complaint. The MCTC dismissed the case, deferring to the NCIP’s supposed exclusive jurisdiction. The Regional Trial Court (RTC) reversed, asserting its own jurisdiction, but the Court of Appeals (CA) sided with the NCIP. The central legal question: Does the NCIP have exclusive jurisdiction over ancestral land disputes involving ICCs/IPs, or do regular courts retain concurrent jurisdiction?

The Supreme Court anchored its decision on a prior ruling in Lim v. Gamosa, emphasizing that administrative rules cannot expand the jurisdiction granted by law. The Indigenous Peoples’ Rights Act (IPRA) grants the NCIP jurisdiction over claims and disputes involving the rights of ICCs/IPs. However, NCIP Administrative Circular No. 1-03 attempted to establish the NCIP-RHO’s “original and exclusive” jurisdiction, a move the Court deemed an overreach. The Court referred to Sections 65 and 66 of R.A. 8371 or the Indigenous Peoples’ Rights Act of 1997:

SECTION 65. Primacy of Customary Laws and Practices, — When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.

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.

The Court stated that the NCIP’s jurisdiction, while important, is not exclusive. Regular courts also possess jurisdiction, particularly in cases involving property rights and land disputes. The Court cited its ruling in Lim, stating:

That NCIP Administrative Circular 44 expands the jurisdiction of the NCIP as original and exclusive in Sections 5 and 1, respectively of Rule III x x x is of no moment. The power of administrative officials to promulgate rules in the implementation of a statute is necessarily limited to what is provided for in the legislative enactment.

It ought to be stressed that the function of promulgating rules and regulations may be legitimately exercised only for the purpose of carrying out the provisions of the law into effect. The administrative regulation must be within the scope and purview of the law. The implementing rules and regulations of a law cannot extend the law or expand its coverage, as the power to amend or repeal a statute is vested in the legislature. Indeed, administrative issuances must not override, but must remain consistent with the law they seek to apply and implement. They are intended to carry out, not to supplant or to modify, the law.

The Supreme Court clarified that when both the NCIP and regular courts have jurisdiction, the principle of concurrence applies. The body that first takes cognizance of the complaint should exercise jurisdiction to the exclusion of others. Here, Begnaen initially filed his complaint with the NCIP-RHO. The Supreme Court held that this initial action vested jurisdiction in the NCIP-RHO, even though the case was initially dismissed without prejudice to allow for customary law remedies to be exhausted.

The Court also addressed the issue of ancestral lands, noting that the IPRA recognizes the rights of ICCs/IPs to their ancestral lands and domains. Even if land is purchased, it can still fall under the definition of ancestral land if it is held under a claim of ownership by ICCs/IPs since time immemorial. The Court pointed to R.A. 8371 Section 3(a) and (b) and Section 56:

SECTION 3.   Definition of Terms. — For purposes of this Act, the following terms shall mean:

a) Ancestral Domains — Subject to Section 56 hereof, refers 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, by 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 lands,  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   they    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;

b) Ancestral Lands — Subject to Section 56 hereof, refers to lands 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.

The Court also found that Begnaen engaged in forum shopping by filing a complaint with the MCTC without disclosing his prior complaint with the NCIP-RHO. This violated the rule against forum shopping, which seeks to prevent the rendition of contradictory decisions by different tribunals.

FAQs

What was the key issue in this case?	The key issue was whether the NCIP has exclusive jurisdiction over ancestral land disputes involving ICCs/IPs, or if regular courts retain concurrent jurisdiction. The Supreme Court ruled that the NCIP’s jurisdiction is concurrent with that of regular courts.
What is the significance of the Lim v. Gamosa ruling?	The Lim v. Gamosa ruling established that administrative rules cannot expand the jurisdiction granted by law. This principle was applied in this case to invalidate the NCIP’s attempt to claim exclusive jurisdiction.
What does concurrent jurisdiction mean in this context?	Concurrent jurisdiction means that both the NCIP and regular courts have the authority to hear cases involving ancestral land disputes. The body that first takes cognizance of the complaint exercises jurisdiction to the exclusion of the other.
What constitutes ancestral land?	Ancestral land refers to lands occupied, possessed, and utilized by ICCs/IPs since time immemorial, under claims of individual or traditional group ownership. This includes land acquired through purchase, as long as it is held under such a claim.
What is forum shopping, and why is it prohibited?	Forum shopping is the practice of filing multiple actions involving the same issues in different tribunals in the hope of obtaining a favorable ruling. It is prohibited to prevent contradictory decisions and ensure an orderly administration of justice.
What was the result of Begnaen’s forum shopping?	The Supreme Court upheld the MCTC’s dismissal of Begnaen’s complaint due to his failure to disclose the prior NCIP-RHO proceedings. This non-disclosure constituted a violation of the rule against forum shopping.
Why did the NCIP-RHO initially dismiss Begnaen’s complaint?	The NCIP-RHO initially dismissed Begnaen’s complaint without prejudice because he had not exhausted all remedies under customary laws. This meant he had not first attempted to resolve the dispute through the Council of Elders.
What is the role of customary laws in resolving disputes involving ICCs/IPs?	The IPRA emphasizes the primacy of customary laws and practices in resolving disputes involving ICCs/IPs. Parties are generally required to exhaust customary law remedies before seeking recourse in formal legal proceedings.

This case underscores the importance of adhering to established jurisdictional boundaries and respecting the rights of Indigenous Cultural Communities/Indigenous Peoples. While the NCIP plays a vital role in protecting these rights, regular courts retain concurrent jurisdiction to ensure a fair and balanced legal system. The decision serves as a reminder that administrative agencies must operate within the confines of their enabling statutes and that forum shopping is a prohibited practice that undermines the integrity of the judicial process.

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: Thomas Begnaen v. Spouses Leo and Elma Caligtan, G.R. No. 189852, August 17, 2016