History of the Ancestral Domain Claim in Tinoc

The National Government claims all untitled lands as public lands based on the Regalian Doctrine. Consequently, all subsequent laws that were enacted reflect the national government’s ownership of all untitled lands as public lands including ancestral domains and lands. This concept of ownership violated the indigenous people’s primary rights over their ancestral domains to the disadvantage to their economic, cultural and social well-being.

The 1987 Constitution, however, gave Indigenous People and Communities the hope for the recognition of their rights over their ancestral domain.

When President Fidel Ramos assumed office, he created the National Unification Commission (NUC) in an effort
to foster peace nationwide. The NUC found that one of the responses to roots of no peace is to recognize that “land to the Indigenous cultural Communities is life”. Thus, President Ramos issued Executive order No. 192, empowering the Department of Environment and Natural Resources to exercise exclusive jurisdiction on the management of all lands of public domain.

In the absence of an Ancestral Domain Law, the Department of Environment and Natural Resources (DENR) issued Department Administrative Order (DAO) NO. 02, series of 1993 that prescribes the rules and regulations for the recognition, identification and delineation of ancestral domain claims of the Indigenous People. Recognition of the Ancestral Domain Claims through the issuance of the Certificates of Ancestral Domain Claims (CADC) became the flagship program of the DENR under the Social Reform Agenda of the President Fidel V. Ramos.

In the Cordilleras, Tinoc is one among the six (6) pilot areas for CADC issuance that was undertaken through a partnership between said communities and their Local Government Units with DENR, Gaston Z. Ortigas peace Institute (GZO-PI), and Cordillera People’s Forum (CPF).

The basic requirements prescribed in DAO NO. 02. Were compiled by Tinoc. However, the Kabayan Cultural Communities filed a protest after the publication of the Tinoc Ancestral Domain Claim, questioning the inclusion of Tawangan and Awing, Both parties recognize this as a political issue that must be settled, or else it will imperil the CADC of both communities.

Thus, the Mayor of Tinoc and Kabayan signed a memorandum of Agreement stipulating therein that the areas in question shall be temporarily considered part of the protestant’s area, which at that time was completing its Ancestral Domain Management Plan. Both shall finally settle the matter the actual delineation when the people shall decide which municipality they wish to belong.

Tinoc received its Certificate of Ancestral Domain Claim (CADC) on May 3, 1996. Hon. Victor Ramos, DENR Secretary and Cabinet Officer for Regional Development (CORD) of the Cordillera Administrative Region, awarded the Certificate during ceremonies held Kiangan, Ifugao.

The issuance of CADC requires the preparation of the Ancestral Domain Resource Management Plan (ADRMP). The local government of Tinoc tapped the technical and financial assistance of the Provincial Environment Officer (PENRO) of Ifugao. The PANCORDI (Pan-Cordillera Women’s Network) and CCAGG (Concerned Citizens of Abra for Good Government) also assisted Tinoc by facilitating the write-shops in the communities.

The enactment of Republic Act 8371 or the Indigenous Peoples Rights Act (IPRA) on October 22, 1997 gave full recognition of the rights of Indigenous Peoples and Communities over their ancestral Domain.

The Act champions the Indigenous Peoples and their communities’ rights to ancestral domains and lands; right to self-governance and empowerment; social justice and human rights; and cultural integrity.

The Act provides for the process to identify, delineate, and certify ancestral domains and lands. It created the National Commission on Indigenous Peoples (NCIP) to carry out the implementation of the Act.

IPRA provides for the conversion of the Certificate of Ancestral Domain Claim (CADC) into Certificate of Ancestral Domain Title (CADT). As a CADC holder, Tinoc filed its conversion application with the NICP Provincial Office. The Local Government Units and Communities, NCIP Provincial Office.

The Igorota Foundation, Inc. (IFI) agreed to work together for the conversion process. IGOROTA FOUNDATION INC. accessed financial support from the New Zealand Aid and Misereor to fund personnel, information drive, and preparation of the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP).

Sources:

• Content: From the research of Ancestral Domain sustainable Development and Protection Plan (ADSDPP)