Ancestral Domains, Indigenous Peoples and Other Juridical Fictions

Written on Sunday, August 17th, 2008 at 11:41 am | by DJB

ISAGANI A. CRUZ (PDI Columnist and former Justice of the Supreme Court) recalls how he once assailed the Constitutionality of the Indigenous People’s Rights Act of 1997 in his capacity as a taxpayer — but failed in a 7-to-7 tie decision in Cruz and Europa v. DENR-NCIP (6 Dec 2000).

Considering it’s pertinence to the MOA-Ancestral Domain it’s especially worth reading the “duelling opinions” on IPRA by two of the most significant writers of decisions to grace the High Bench in living memory; Justice Reynato Puno and Justice Artemio V. Panganiban (neither of whom had yet attained the lofty position of Chief Justice at the time they wrote these opinions).

The interventions of Frank Drilon and Mar Roxas spice up the already explosive mix. Now that the Constitution itself is practically being blamed as the cause of unending war in Mindanao, and we are all being urged to take the Red Pill of Federalism, it seems the issue is ripening for adjudication as they say with morbid delight in some legal circles. The Supreme Court must now confront several radical concepts it tolerated or promulgated in IPRA 1997 such as the existence as private property of ancestral lands and domains estimated to total one third of the Philippine Territory and belonging to some 12 million “indigenous peoples”. (And wait till you find out who are NOT indigenous peoples!) The two concepts of indigenous people and ancestral domain are forever tied together the bold words of Chief Justice Reynato Puno speaking for the prevailing seven Justices on IPRA;

“A. Ancestral Domains and Ancestral Lands are the Private Property of Indigenous Peoples and Do Not Constitute Part of the Land of the Public Domain.”

If IPRA is ultimately implemented and upheld, it will enforce a system of judicially legislated inequality between the enumerted list of 110 indigenous peoples of the Philippines, and the 50 or so non-indigenous peoples, from out of the 160 or so recognized ethnolinguistic group in the archipelago. What may surprise (and even infuriate) constitutional religious libertarians is that the basis for this distinction for any given Filipino citizen now alive, is whether or not one or more of his ancestors did or did not convert to Roman Catholicism during the time of Spanish conquest. But not to worry, the legal test for whether a given person actually is or is not an indigenous person is by simple “self-ascription or the ascription of others.” Another Supreme Court Justice turned pundit is Artemio V. Panganiban to whom goes the honor of being the High Court’s most prolific writer (over ten books and memoirs published) and some say most loquacious communicator. His column this weekend makes no bones about the real chacha goal. I am cold to the idea of a vast, systemic change from a Unitary form of corrupt non-government and malfeasance to a vastly expanded and multiplied Federal form of corrupt non-government and malfeasance just to appease gun-toting rebel insurgents who want their own fully-restored version of the old Maguindanao sultanate handed to them on the silver platter of Ancestral Domain. We are forced to ask, by what warrant or reason does the MILF claim to represent the Bangsamoro? Vice Gov. Manny Pinol is right to ask who elected or appointed the MILF rebels to speak for Mindanao, or why the MILF should have any precedence over the recently elected ARMM/MNLF officials. He is twice right in demanding for <b>disarmament</b> of rebel forces as the true sign of peace, not the sanctioning of an “internal defense force” for the BJE Sultanate. Mercifully, it looks like “All systems go” for the BJE-Federalism idea is going the way of other famous last words marking the other ill fated chacha dance numbers, like “We can’t lose twice” — when the House Majority tried to foist Parliamentarism via a Unicameral Con-Ass. It fizzled. Today’s Federalism via Bicameral Con-Ass would seem to be acceptable to the Senate procedurally, but Joint Resolution NO. 10 is quickly losing support as it no longer passes the “Smell Test” for equine gifts. It’s a Trojan Horse and its timing runs afoul of plans and preparations for the 2010 elections, which are well underway. Heck, even Luis Villafuerte, head of the President’s Kampi faction of the ruling coalition and Administration Senator Dick Gordon, do not support the charter change moves in the Congress before the 2010 elections. Palace operatives are already talking about “Plan B”. All systems gone…

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About The Author: DJB says: Science IS Religion! He blogs at Philippine Commentary and The Rizalist Press

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6 Responses to “Ancestral Domains, Indigenous Peoples and Other Juridical Fictions”

  1. rets on August 17th, 2008 1:47 pm

    Islams & christianity in the Philippines, they came so relative concerning with its time frame. Our Islam brothers could not claim that some parts of “Mindanao” is there ancestral domain. Besides, what is the big deal behind, we are all Filipinos…..

    Partition of the Philippines towards the context of Federalism is really unconstitutional….. Thus, we are still in TRANSITION. Our Constitution is almost perfect, whats the problem of our Constitution if this will be amended????

    Federalism is not the answer towards PEACE & DEVELOPMENT particularly in MIndanao. No partition of Philippine territory as much as possible……

  2. rets on August 17th, 2008 2:03 pm

    Its is a long History that the MUSLIMS are deprived, were oppressed, For God sake it was been a long, long time ago……..

    The settlers of Mindanao are mostly christians, In fact in the ARMM christians are visible too.

  3. Dean Jorge Bocobo on August 18th, 2008 6:23 am

    rets,
    Under the IPRA Law, there are 110 indigenous peoples or “indigenous cultural communities” who are all put on an official list, which is maintained by a National Commission on IPs/ICCs. Theoretically they own one third of Philippines territory (admittedly in patches of ancestral lands and domains).

    But i’ve always found it very strange that all of the 50 or so ‘non-indigenous’ peoples of the philippines just happen to be the Roman Catholic Filipinos. For example, there is not a single ‘indigenous people’ in all of the Visayas region. And it now appears that the forefathers and heroes who founded the Philippine Republic– those Ilokanos, Pampangos, Tagalogs, Bicolanos and Bisayan peoples–who rebelled against Spain and Rome–are themselves NOT indigenous people of the Philippines in the eyes of the Law. They do not own ancestral properties, unlike the officially recognied IPs/ICCs!

  4. The Folly of Good Intensions | Filipino Voices on August 18th, 2008 10:42 am

    […] “the excuse” this government has made to push forward with Charter Change—- ancestral domains, indigenous peoples, the Warrior Lawyer in GMA’s Federalism of Convenience says “So all this talk of […]

  5. Nick on August 18th, 2008 9:55 pm

    Dean,

    I wasn’t aware that a third of the Philippines was under “ancestral domain/territory”.. with that decision, looks like everything is up for grabs. And I guess I would have to agree with you, and add, that we are being robbed blind, if this deal pushes through.

    On the other hand, what would happen if we treat these territories like “Indian Reservations”, you think the first thing that would be implemented would be casinos? :)

    In any case, Panganiban has some great written opinions, and I’d have to clear a few month’s worth of work just to read them all, but it is his work with the party list system that I wasn’t really impressed with.

    It is good however, that he acknowledges the real score with regards to cha cha.. Something, of course, that was entirely lacking with the senators who were supportive of Resolution 10, and even those who backed down in the end (as if they couldn’t have foreseen what the end game would be)

  6. rets on August 19th, 2008 11:20 pm

    DJB,

    There are tri-people perception in Mindanao.
    Muslim Filipinos, Christian Filipinos[known to be migrant settlers in MIndanao], and Lumads or tribal Minority group such as {Manobo, Mamanwa, Mandaya & other minority groups].

    If our Islam brothers are claiming for ancestral domain, then it is also the prerogative of this “Lumads” to ask the GRP to grant their ancestral land, but as we see it clearly the rests of this Lumads who resided in Mindanao recognized the honor of Philippine Sovereignty, cause we are all Filipinos.

    That’s why it is a big question mark, why this Moro people will declare themselves as separatist group and proclaim thier Independence which is really a violation to our constitution.

    The logic there is so simple, Muslims , christians & Lumads we are all Filipinos to stand as one nation, one sovereignty.

    The GRP must take decisive measures in defending the Philippine territory instead of advocating the MOA-AD. In all probability this will lead to cha-cha “federalism” just to hold in power or so…….

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