NCIP reiterated that lands within ancestral domain cannot be sold

The National Commission on Indigenous Peoples (NCIP) has issued advisory number NA-2020-08-001 Series of 2020, reiterating that lands within ancestral domain cannot be subject to commerce.

The advisory cites Section 5 of the Indigenous Peoples Rights Act (IPRA) which states that “Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.”

It has come to the attention of the Commission that there is continued selling off of portions of ancestral domains despite the effort of the NCIP to educate and inculcate the nature of ownership of the indigenous peoples to their ancestral domain, thus the issuance of the advisory.

All NCIP regional and provincial offices, Community Service Centers, Indigenous Political Structures (IPS), Council of Elders (COEs), Indigenous Peoples Organizations (IPOs), Indigenous Peoples Mandatory Representatives (IPMRs), and Tribal Councils are enjoined to stop, prohibit, and report any transaction dealing in, and/or negotiating the transfer and selling off portions or parcels of ancestral domains. These pertain to any form such as Deed of Sale, Transfer of Rights, and the like.

The heads of Local Government Units, the barangay, barangay legislative councils, and realtors are advised to refrain from facilitating, dealing, and negotiating transactions involving the transfer and sale of portions of the ancestral domain or any illegal intrusion into the ancestral domains.

Violations are punishable by imprisonment of not less than nine months but not more than 12 years or a fine of not less than Php100,000 nor more than Php5000,000. In addition, the guilty party shall be obliged to pay the indigenous cultural community/IP concerned of whatever damage may have been suffered by the latter as a consequence of the unlawful act.

List of Identified Ancestral Domain (ADs) per Region

Source: National Commission of Indigenous Peoples (NCIP)