National Economy and Patrimony

A CERTIFICATE OF ANCESTRAL DOMAIN TITLE RECOGNIZES THE RIGHTS OF

INDIGENOUS PEOPLES OVER THEIR ANCESTRAL DOMAINS, APPURTENANT THERETO Commented [KM1]: Consider incorporating this in the tickler
IS THE RIGHT TO STAY IN THE TERRITORY AND NOT TO BE REMOVED THEREFROM and ruling 😊 The right to ancestral domain carries with it the right
to “stay in the territory and not to be removed therefrom.”
Aurellano Agnes, et al. vs. Republic of the Philippines
G.R. No. 156022; July 06, 2015
Leonardo-De Castro, J.

FACTS:
Aurellano Agnes, along with other petitioners, lived in Calauit Island, Busuanga, Palawan as
successors of the early settlers therein. The island, however, was turned into a Game Preserve
and Wildlife Sanctuary by respondent Republic of the Philippines, and petitioners were resettled
in Halsey and Burabod in Culion by virtue of their signed Resettlement Agreements.

Years later, petitioners returned to Calauit and resettled. Thus, respondent, represented by the
DENR Secretary, filed a Complaint for Specific Performance and Recovery of Possession
against petitioners before the RTC. The court ruled in favour of the Republic and ordered
petitioners to vacate the respective areas where they have resettled at Calauit Island. On
petitioners’ appeal, the CA affirmed the assailed ruling of the RTC.

After, pursuant to R.A. 8371, "The Indigenous Peoples' Rights Act of 1997," a Certificate of
Ancestral Domain Title (CADT) was issued by the Office of the President, through the National
Commission on Indigenous Peoples (NCIP), over the lands comprising the communities of
Barangays Calauit and Quezon, Calauit Island, and Municipality of Busuanga, in favor of the
Tagbanua Indigenous Cultural Community (ICC).

In their appeal to the SC, the petitioners averred that the issuance of the CADT "in favor of the
ICC amounts to an affirmation and recognition of the property rights of their ancestors from
whom they traced their present individual claims."
ISSUE:
Whether or not the petitioners may be compelled to vacate Calauit by virtue of the Resettlement
Agreements
Commented [KM2]: Medyi facts heavy. Feel free to summaize
and use your own words. As per Jenn’s new reminders,
“ For the last part of the FACTS, the case trail -how the case
reached the SC- that part is NOT NECESSARY. NO NEED to
state that part, UNLESS NECESSARY to the case. That is
mainly for Remedial Law cases.”

HELD:
No, petitioners may not be compelled to vacate Calauit by virtue of the Resettlement
Agreements because of the CADT issued in favour of the Tagbanua Indigenous Cultural
Community, the early settlers therein.

Under the CADT, the Tagbanua ICC is given authority to have and hold in ownership, the
described ancestral domain as their private but community property, which belongs to all
generations of the said indigenous cultural community/indigenous peoples; and to develop,
control, manage and utilize collectively the said ancestral domain with all the rights, privileges
and responsibilities appurtenant thereto, subject to the condition that the said ancestral domain
shall not be sold, disposed, nor destroyed. Furthermore, Section 7 of Republic Act No. 8371
recognizes that the rights to ancestral domains carry with it the rights of ownership and
possession of ICCs/IPs to their ancestral domains. It also provides that the right to ancestral
domain carries with it the right to "stay in the territory and not to be removed therefrom." Also,
the CADT was issued notwithstanding the existence of Presidential Proclamation No. 1578.
Thus, the issuance of the CADT in favor of the Tagbanua ICC gainsays the avowed
consequence of the Resettlement Agreements.

The issuance by the respondent Republic of a CADT in favor of the Tagbanua ICC, including
the petitioners, provide their occupation and/or settlement on the subject land an apparent color
of authority at the very least by virtue of Republic Act No. 8371. Precisely, under the law, a
Certificate of Ancestral Domain Title refers to a title formally recognizing the rights of possession
and ownership of ICCs/Indigenous Peoples over their ancestral domains identified and
delineated in accordance with law." Therefore, the settlers continued stay in Calauit has become
a non-issue. As such, any discussion on the matter of the propriety of the Resettlement
Agreements and their effects would be mere surplusage.

Thus, the petitioners may not be compelled to vacate Calauit Island because of the issuance by
the president of a Certificate of Ancestral Domain Title to them.