Wilma Y.

Ursua

B. The right of ownership

z and possession by the
ICC’s/IP’s of their ancestral
domains is a limited form of
ownership and does not
include the right to alienate.
 I. Registration under the Public Land Act
z
and Land Registration Act recognizes the
concept of ownership under the Civil Law.

 1. Public Land Act – Sec 44

- Administrative legalization (free patent) of imperfect or incomplete

titles

a. Natural-born Filipino citizens, not owner of more than 24 hectares

since July 4, 1926 or prior thereto.

b. Has continously occupied and cultivated by him or his

predecessor-in-interest

c. That it is an agricultural public lands subject to disposition

d. Who had paid the real estate tax

z
2. Public Land Act –Sec 48 (b and c)

 Those who by themselves or through their predecessors-in-

interest have been in open, continous, exclusive, and notorious
possession and occupation of agricultural lands in of the public
domain.

 Exception: When prevented by war or force majeure

 Sec 48 c –Members of the national cultural minorities ccupied

and possessed the land suitable to agriculture, whether
disposable or not.
 z

II. A member of the national cultural minorities

who has continously occupied and cultivated a
tract or tracts of land, disposable or not since
July 4, 1955 shall be entitled to the right
granted. Provided, that when he files his free
patent application, he is not the owner of any
real property.
 z

III. The land was originally a public landbut

because of adverse possession since July
4, 1995 (free patent) or atleast30 years with
judicialconfirmati9n become a private land.
The possession was confirmed and a
torrens title will be issued. And all rights of
ownership undef the Civil Law upon the
issuance of torrens title:
 1. Right of the owner to enjoy and dispose
z

 2. Right to receive from the thing what it produces

 3. Right to consume the thing by its use

 4. Right to alienate, encumber, transform or even

destroy
 5. Right to exclude from the possession of the thing
owned by zny other person to whom the owner has not
transmitted such thing.
 The Indegenous Concept of Ownership
z
and Customary Law
 -Ownership of ancestral domain by native title does not entitle the ICC/IP
to a torrens title but to a Certificate of Ancestral Domain Title

 Indegenous concept of ownership:

 1. Sustains the view that ancestral domains and all resources found
therein shall serve as the material bases of their cultural integrity.

 2.Ancetral domains are the the ICC’s/IP’s private but community property
which belongs to all generations and can not be sold, disposed or
destroyed.

 3. It covers sustainable traditional resource rights.