In a dispute over land in Ampucao, Itogon, Benguet, the Supreme Court clarified that Regional Trial Courts (RTC) have jurisdiction over cases involving Indigenous Cultural Communities (ICC) or Indigenous Peoples (IP) rights when the parties involved do not belong to the same ICC/IP group. This ruling ensures that disputes between different indigenous groups, or between indigenous and non-indigenous parties, are resolved in the regular court system, providing a clear path for legal recourse.

Whose Land Is It Anyway? Resolving Property Clashes Outside the Indigenous Community

The case of Susan Galang and Bernadeth Albino vs. Veronica Wallis stemmed from a complaint filed by petitioners claiming ownership of parcels of land in Ampucao, Itogon, Benguet. They asserted their rights based on a chain of title originating from Wasiwas Bermor, who registered the land in 1961. The respondents, also claiming rights to the same land, argued that the RTC lacked jurisdiction because the land was an ancestral land, and the dispute involved members of indigenous groups, thus falling under the exclusive jurisdiction of the National Commission on Indigenous Peoples (NCIP). The RTC agreed with the respondents and dismissed the case. The central legal question before the Supreme Court was whether the NCIP’s jurisdiction extended to disputes involving parties who did not belong to the same ICC/IP group, or whether the RTC had the authority to hear the case.

The Supreme Court reversed the RTC’s decision, emphasizing the importance of Section 66 of the Indigenous Peoples’ Rights Act (IPRA). This section provides that the NCIP has jurisdiction over claims and disputes involving rights of ICCs/IPs, but only when these disputes arise between parties belonging to the same ICC/IP group. According to the Court, this qualifying provision ensures that disputes are resolved within the customary laws and traditions of the specific indigenous community involved. The rationale behind this is that applying customary laws to parties from different ICC/IP groups, or to non-ICC/IP members, would violate principles of fair play and due process. The Court underscored that the regular courts, specifically the RTC in this case, retain jurisdiction when the parties involved belong to different ICC/IP groups.

As held in the main decision, the NCIP shall have jurisdiction over claims and disputes involving rights of ICCs/IPs only when they arise between or among parties belonging to the same ICC/IP group because of the qualifying provision under Section 66 of the IPRA that “no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws.”

Building on this principle, the Court clarified that the primary purpose of the proviso in Section 66 is to limit the general operation of the statute. The Court further stated that two conditions must be met before a dispute can be brought before the NCIP: exhaustion of all remedies under customary laws, and certification from the Council of Elders/Leaders that the dispute remains unresolved. These conditions cannot be satisfied when parties belong to different ICC/IP groups or when one party is a non-ICC/IP member. This ensures that the principles of fair play and due process are upheld, as parties should not be subjected to customary laws to which they do not adhere.

The Supreme Court also addressed the issue of primary and concurrent jurisdiction between the regular courts and the NCIP. It clarified that the IPRA does not expressly or impliedly confer concurrent jurisdiction over claims involving ICC/IP rights between parties of the same ICC/IP group. Instead, the NCIP’s primary jurisdiction is limited to specific matters outlined in Sections 52(h) and 53, in relation to Section 62, and Section 54 of the IPRA. These matters include adverse claims and border disputes arising from the delineation of ancestral domains, cancellation of fraudulently issued Certificates of Ancestral Domain Title, and disputes and violations of ICC/IP’s rights between members of the same ICC/IP group.

Thus, only when the claims involve the following matters shall the NCIP have primary jurisdiction regardless of whether the parties are non-ICC/IP, or members of different ICC/IP groups: (1) adverse claims and border disputes arising from the delineation of ancestral domains/lands; (2) cancellation of fraudulently issued Certificates of Ancestral Domain Title; and (3) disputes and violations of ICC/IP’s rights between members of the same ICC/IP group.

The Court emphasized that the allegations in the petitioners’ complaint constituted an accion reivindicatoria, a civil action involving an interest in real property with an assessed value exceeding P20,000.00. Such actions fall within the jurisdiction of the RTC. The Court reiterated that jurisdiction over the subject matter is conferred by the Constitution or by law. A court of general jurisdiction, such as the RTC, has the authority to hear cases whose subject matter does not fall within the exclusive jurisdiction of any other court, tribunal, or body exercising judicial or quasi-judicial functions.

In contrast, a court of limited jurisdiction, or an administrative agency acting in a quasi-judicial capacity, can only exercise powers specifically granted by statute. Thus, the NCIP’s jurisdiction is limited and cannot be deemed concurrent with the regular courts except in the specified instances noted earlier. Consequently, because the dispute in Galang v. Wallis did not fall under these specific circumstances, the RTC erred in dismissing the complaint. The proper recourse was for the RTC to proceed with hearing the case on its merits.

The Supreme Court clarified that its previous pronouncement in The City Government of Baguio City, et al. v. Atty. Masweng, et al., regarding the NCIP’s jurisdiction over cases where one party is not an ICC/IP member, was a mere expression of opinion and had no binding force. In Unduran v. Aberasturi, the Court explicitly stated that such descriptions of the nature and scope of the NCIP’s jurisdiction, made without full consideration of the point, are considered obiter dicta, lacking the force of res judicata. This clarification reinforces the principle that the NCIP’s jurisdiction is limited to disputes between members of the same ICC/IP group, ensuring that other disputes are properly addressed by the regular courts.

The implications of this ruling are significant for property disputes involving indigenous communities. By clarifying the jurisdictional boundaries between the NCIP and the regular courts, the Supreme Court has provided a clearer path for resolving land disputes. This ensures that disputes between different indigenous groups, or between indigenous and non-indigenous parties, are adjudicated fairly and efficiently, respecting the rights of all parties involved while upholding the principles of due process and equal protection under the law.

FAQs

What was the key issue in this case?	The key issue was whether the Regional Trial Court (RTC) or the National Commission on Indigenous Peoples (NCIP) had jurisdiction over a land dispute where the parties involved did not belong to the same Indigenous Cultural Community/Indigenous Peoples (ICC/IP) group.
Under what circumstances does the NCIP have jurisdiction over land disputes?	The NCIP has jurisdiction over land disputes involving rights of ICCs/IPs only when the disputes arise between or among parties belonging to the same ICC/IP group, ensuring customary laws are appropriately applied.
What happens when the parties involved belong to different ICC/IP groups?	When the parties involved belong to different ICC/IP groups, the regular courts, such as the RTC, have jurisdiction over the dispute, ensuring that the principles of fair play and due process are upheld.
What is an accion reivindicatoria, and how does it relate to this case?	An accion reivindicatoria is a civil action involving an interest in real property. The Supreme Court noted that the petitioners’ complaint constituted an accion reivindicatoria, placing the case within the RTC’s jurisdiction.
What are the conditions that must be met before a dispute can be brought to the NCIP?	Before a dispute can be brought to the NCIP, all remedies under customary laws must be exhausted, and a certification from the Council of Elders/Leaders must be obtained, indicating that the dispute remains unresolved.
What specific matters fall under the primary jurisdiction of the NCIP?	The NCIP has primary jurisdiction over adverse claims and border disputes arising from the delineation of ancestral domains, cancellation of fraudulently issued Certificates of Ancestral Domain Title, and disputes and violations of ICC/IP’s rights between members of the same ICC/IP group.
What was the Court’s ruling on its previous pronouncement in The City Government of Baguio City v. Masweng?	The Court clarified that its previous pronouncement in The City Government of Baguio City v. Masweng regarding the NCIP’s jurisdiction was a mere expression of opinion (obiter dictum) and had no binding force.
What is the practical implication of this ruling for property disputes involving indigenous communities?	The ruling provides a clearer path for resolving land disputes by clarifying the jurisdictional boundaries between the NCIP and the regular courts, ensuring fair and efficient adjudication of disputes.

In conclusion, the Supreme Court’s decision in Galang v. Wallis offers a crucial clarification on the jurisdiction of land disputes involving indigenous communities. By delineating the specific circumstances under which the NCIP and the regular courts have authority, the ruling promotes fairness, due process, and respect for the rights of all parties involved. It ensures that disputes are resolved in the appropriate forum, upholding the principles of justice and equity in land ownership and usage.

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: Susan Galang and Bernadeth Albino, et al. vs. Veronica Wallis, et al., G.R. No. 223434, July 03, 2019