The Supreme Court affirmed the rights of indigenous cultural communities to claim land titles under Section 48(c) of the Public Land Act (Commonwealth Act No. 141). This ruling underscores that members of these communities can apply for land ownership confirmation, even on lands not initially considered disposable, provided they demonstrate continuous possession as owners for at least 30 years. The decision reinforces the protection of ancestral land rights and acknowledges the unique legal considerations applicable to indigenous land claims in the Philippines.

Beyond Boundaries: How Indigenous Heritage Overcame Land Restrictions

This case revolves around a parcel of land in Barrio Abatan, Mankayan, Benguet, originally belonging to Sadca Acay, a member of the Kankana-ey Tribe. Acay successfully applied for a free patent in 1975, leading to the issuance of Original Certificate of Title No. P-788. Years later, after Acay’s death and the subsequent transfer of the land to his daughter, Rosita Sadca, the Republic of the Philippines filed a complaint seeking to cancel the free patent and revert the land to public ownership. The Republic argued that the land was located within Mount Data National Park and National Forest, rendering it inalienable and claiming Acay made misrepresentations in his free patent application.

The Regional Trial Court (RTC) dismissed the Republic’s complaint, a decision upheld by the Court of Appeals (CA). The CA emphasized that the Republic failed to prove fraud or irregularities in Acay’s application. The appellate court further cited the Public Land Act, which allows members of indigenous cultural communities to apply for land titles within the public domain, regardless of its disposability, provided the land is suitable for agriculture and has been possessed for at least 30 years. This legal provision became the cornerstone of the case, highlighting the specific protections afforded to indigenous land claims.

The Republic, dissatisfied with the CA’s decision, elevated the case to the Supreme Court, insisting that Acay had not continuously occupied or cultivated the land and that the land’s location within a national park made it ineligible for a free patent. However, the Supreme Court denied the Republic’s petition, reinforcing the lower courts’ findings and underscoring the importance of Section 48(c) of the Public Land Act in recognizing ancestral land rights. The Court emphasized that factual findings of lower courts, especially when affirmed by the Court of Appeals, are generally binding and conclusive.

A key legal principle at play in this case is the application of **Section 48(c) of the Public Land Act**, which provides an avenue for members of indigenous cultural communities to secure land titles. This section acts as an exception to the general rule that forest or mineral lands are inalienable. It acknowledges the unique circumstances and historical realities of indigenous land ownership.

The Public Land Act was amended by Republic Act No. 3872, adding subsection (c) to Section 48:

Sec. 48. The following-described citizens of the Philippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:

(c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof.

This amendment, known as the Manahan Amendment, recognizes that ancestral land rights may exist even on lands not initially classified as alienable and disposable. The Supreme Court, in this case, upheld the validity of this provision and its application to Acay’s claim, reinforcing the importance of protecting the rights of indigenous cultural communities.

The Court also considered the Republic’s claim of fraud, which hinged on the argument that Acay misrepresented his possession and cultivation of the land. However, the Court found that the Republic failed to present sufficient evidence to substantiate this claim. The **burden of proof** lies with the party alleging fraud, and in this case, the Republic did not meet that burden.

Furthermore, the Court gave weight to the presumption of regularity in the performance of official duties by the Department of Environment and Natural Resources (DENR) when it granted Acay’s free patent application. Absent any evidence of irregularity, the Court deferred to the DENR’s assessment and approval of the application. This **presumption of regularity** is a fundamental principle in administrative law, reinforcing the idea that government agencies are presumed to act in accordance with the law unless proven otherwise.

In the landmark case of Cariño v. Insular Government, the concept of ancestral land was established:

It might, perhaps, be proper and sufficient to say that when, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land.

This principle acknowledges that certain lands have never been public lands because they were held under a claim of private ownership long before the arrival of the Spanish colonizers. While the indigenous concept of ownership differs from that under the Civil Code, the court recognize indigenous concept of land where it is communally owned. Ownership under our laws is defined under Articles 427 and 428 of the Civil Code which provide:

Art. 427. Ownership may be exercised over things or rights.

Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

A crucial element in securing land titles under Section 48(c) is **continuous possession and occupation** for at least 30 years. This requirement ensures that the claimant has a long-standing connection to the land and has exercised ownership rights over it. In this case, the respondents presented tax declarations and witness testimony to demonstrate Acay’s continuous possession of the land, which the lower courts found credible.

Moreover, the Indigenous Peoples’ Rights Act (IPRA) of 1997 further solidified the rights of indigenous cultural communities to their ancestral lands. The IPRA recognizes native title as “pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by [indigenous cultural communities or indigenous peoples], have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest.” This legal framework reinforces the protection of ancestral land rights and provides a basis for indigenous communities to assert their claims.

The Indigenous Peoples’ Rights Act is a response to the 1987 Constitution’s aim of preserving the indigenous cultural communities’ culture and way of life, as seen in the following provisions:

ARTICLE II Declaration of Principles and State Policies

SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

In summary, the Supreme Court’s decision in this case underscores the importance of upholding the rights of indigenous cultural communities to their ancestral lands. Section 48(c) of the Public Land Act provides a legal pathway for these communities to secure land titles, even on lands not initially classified as alienable and disposable. This ruling serves as a reminder of the need to protect indigenous land rights and to recognize the unique legal considerations applicable to these claims.

FAQs

What was the key issue in this case?	The key issue was whether the free patent and original certificate of title issued to Sadca Acay, a member of an indigenous cultural community, should be cancelled because the land was allegedly inalienable and Acay supposedly misrepresented facts in his application.
What is Section 48(c) of the Public Land Act?	Section 48(c) allows members of national cultural minorities to apply for confirmation of imperfect title over lands of the public domain, whether disposable or not, provided the land is suitable for agriculture and they have possessed and occupied it for at least 30 years.
What did the Court decide about the Republic’s claim of fraud?	The Court decided that the Republic failed to substantiate its claim of fraud because it did not present clear and convincing evidence that Acay misrepresented material facts in his application. The Republic even neglected to present the application form as evidence.
What is the significance of the Cariño v. Insular Government case?	The Cariño case established the concept of native title, recognizing that land held by individuals under a claim of private ownership since time immemorial is presumed to have never been public land. It is a landmark decision in protecting ancestral land rights.
What is the Indigenous Peoples’ Rights Act (IPRA)?	The IPRA formalizes the concept of native title and defines it as pre-conquest rights to lands held under a claim of private ownership by indigenous cultural communities, never having been public lands. It provides a framework for protecting ancestral domains.
What must an applicant prove to secure a land title under Section 48(c)?	An applicant must prove that they are a member of a national cultural minority and that they, or their predecessors-in-interest, have been in open, continuous, exclusive, and notorious possession and occupation of the land for at least 30 years under a bona fide claim of ownership.
What is the presumption of regularity in administrative actions?	The presumption of regularity means that government agencies, like the DENR, are presumed to have performed their official duties properly unless there is evidence to the contrary. This presumption favored the respondents in this case.
What are ancestral lands according to Presidential Decree No. 410?	According to Section I of the decree, ancestral lands are lands of the public domain that have been in open, continuous, exclusive and notorious occupation and cultivation by members of the National Cultural Communities by themselves or through their ancestors, under a bona fide claim of acquisition of ownership according to their customs and traditions for a period of at least thirty (30) years before the date of approval of this Decree.

This case serves as a crucial reminder of the legal protections afforded to indigenous cultural communities in the Philippines, particularly concerning their ancestral land rights. The Supreme Court’s decision reinforces the importance of Section 48(c) of the Public Land Act and the need for the government to respect and uphold the rights of indigenous peoples.

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: REPUBLIC OF THE PHILIPPINES vs. ROSITA SADCA, ET AL., G.R. No. 218640, November 29, 2021