B. Ancestral Domain and Ancestral Lands (RA 8371, Ch. I–III)

Ancestral Domain and Ancestral Lands

Concept

Ancestral domains and ancestral lands are territories connected to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) through possession, use, and claims of ownership. They cover not only the physical environment but also the spiritual and cultural bonds of ICCs/IPs to the area. Ancestral domains and their resources serve as a material basis of cultural integrity. (Sec. 4, Rep. Act No. 8371)¹ (Sec. 5, Rep. Act No. 8371)²

Governing provisions

The Constitution directs the State, subject to constitutional provisions and national development policies and programs, to protect the rights of indigenous cultural communities to ancestral lands for their economic, social, and cultural well-being. It permits Congress to provide for the applicability of customary laws in determining ownership and the extent of ancestral domain. RA 8371 recognizes and promotes ICC/IP rights within the constitutional framework and recognizes the applicability of customary laws governing property rights or relations. (Art. XII, Sec. 5, 1987 Const.)³ (Sec. 2, Rep. Act No. 8371)⁴

Requisites / Rules

• Ancestral domains generally comprise lands, inland waters, coastal areas, and natural resources claimed, occupied, or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually, since time immemorial and continuously to the present, subject to the interruptions identified in the statutory definition. The definition includes places used for subsistence and traditional activities even where ICCs/IPs no longer exclusively occupy them. (Sec. 3, Rep. Act No. 8371)⁵
• Ancestral lands refer to land occupied, possessed, and utilized since time immemorial by individuals, families, or clans belonging to ICCs/IPs, themselves or through predecessors-in-interest, under claims of individual or traditional group ownership. Both statutory definitions are expressly subject to Section 56. (Sec. 3, Rep. Act No. 8371)⁵
• The rights of ownership and possession over ancestral domains include claims to traditionally and actually occupied lands and waters, sacred places, traditional hunting and fishing grounds, and improvements. They also include rights concerning development, resource management and conservation, participation in affected projects, and just and fair compensation for resulting damage, as stated in Section 7. (Sec. 7, Rep. Act No. 8371)⁶
• Rights to ancestral domains by virtue of Native Title are recognized and respected. When the concerned ICCs/IPs seek formal recognition, a Certificate of Ancestral Domain Title (CADT) embodies recognition of their title over identified and delineated territories. (Sec. 11, Rep. Act No. 8371)⁷

Distinctions

Ancestral domain is the broader territorial concept: its statutory coverage includes ancestral land as well as waters, resources, and areas traditionally accessed for subsistence. Ancestral land focuses on land held under individual or traditional group claims by ICC/IP members, families, or clans. The indigenous concept treats ancestral domains as private but community property belonging to all generations, not property to be sold, disposed of, or destroyed. (Sec. 3, Rep. Act No. 8371)⁵ (Sec. 5, Rep. Act No. 8371)²

Key doctrines

Continuous occupation and possession since time immemorial must be proved to establish ancestral land ownership; without that proof, no presumption of private ownership arises. The Court denied the requested ancestral land titles where the claimants failed to establish such occupation and possession. (Republic v. National Commission on Indigenous Peoples, G.R. No. 209449, 11 July 2023)⁸

IPRA respects vested property rights acquired before its effectivity regardless of whether their holders are indigenous or non-indigenous. NCIP jurisdiction under Section 66 is limited to disputes between or among parties belonging to the same ICC/IP group, in view of its customary-remedies proviso. (Unduran v. Aberasturi, G.R. No. 181284, 18 April 2017)⁹

Exceptions

The statutory definition of ancestral domains allows specified interruptions of continuous occupation, including war, force majeure, and displacement by force, deceit, or stealth. These qualifications do not dispense with proof of the occupation and possession required to establish an ancestral land claim. (Sec. 3, Rep. Act No. 8371)⁵ (Republic v. National Commission on Indigenous Peoples)⁸

Bar tip

Separate the scope of the claimed territory from proof of the claim: identify whether the question concerns ancestral domain or ancestral land, then test the evidence of occupation and possession since time immemorial. (Sec. 3, Rep. Act No. 8371)⁵ (Republic v. National Commission on Indigenous Peoples)⁸