Case Digest (G.R. No. 222611)
Facts:
Arnolfo A. Daco, a Tagbanua from Busuanga, Palawan, petitioned the Court to review the Court of Appeals' March 6 and December 14, 2015 Resolutions that dismissed his Rule 43 appeal from the January 12, 2015 Decision of the National Commission on Indigenous Peoples (NCIP) Regional Hearing Office IV. Ruben E. Cabajar, also a Tagbanua and president of PASICMIDA, had filed a complaint under Section 10 of the Indigenous Peoples' Rights Act (IPRA) alleging that Daco unlawfully intruded and built on Isla Malajem, which the NCIP found to be part of the Tagbanua ancestral domain and awarded damages and injunctive relief.Issues:
- Did the Court of Appeals err in dismissing Arnolfo A. Daco's petition for review on procedural grounds?
- Did the NCIP have jurisdiction over Ruben E. Cabajar's complaint under Section 66 of the IPRA?
- Does Arnolfo A. Daco have a legitimate claim of ownership or possession over Isla Malajem?
Ruling:
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Ratio:
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Doctrine:
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Case Digest (G.R. No. 222611)
Facts:
Arnolfo A. Daco, a Tagbanua native of Busuanga, Palawan, was accused by Ruben E. Cabajar, a fellow Tagbanua of Barangay Panlaitan, Busuanga, Palawan and president of the Panlaitan San Isidro Cultural Minorities Development Association, of unlawfully entering and occupying Isla Malajem on October 12, 2012, accompanied by barangay tanods and constructing a nipa hut despite protests by the Tagbanua elders who maintained native possession and use of the island for *balinsasayaw* (edible bird’s nest) harvesting. Cabajar, authorized by the Council of Elders, filed a complaint before the National Commission on Indigenous Peoples (NCIP) Regional Hearing Office for violation of Section 10 of the Indigenous Peoples’ Rights Act (IPRA), alleging unauthorized intrusion and claiming that the area was part of the Tagbanua ancestral domain supported by an Assumption Over Ancestral Domain issued by former NCIP Chair Eugenio Insigne and Municipal Resolution No. 39, series 1996. The NCIP Regional Hearing Office IV, after an ocular inspection and despite Daco’s nonappearance, found jurisdiction and ruled on January 12, 2015 that Isla Malajem formed part of the Tagbanua ancestral domain, declared Daco’s intrusion unlawful, permanently enjoined him to vacate, and awarded P50,000.00 moral damages, P150,000.00 actual damages, and P50,000.00 exemplary damages. Daco appealed to the Court of Appeals under Rule 43 but the appeal was dismissed in a March 6, 2015 Resolution for multiple procedural infirmities, including failure to pay docket fees, incomplete party names, lack of special power of attorney, defective affidavit jurat, outdated counsel details, and missing attachments; a motion for reconsideration was denied on December 14, 2015. Daco then filed a Petition for Review on Certiorari under Rule 45 with the Supreme Court; respondent filed a Comment on June 6, 2016, the Court required a reply and later directed counsels to show cause for dilatory conduct, and petitioner ultimately filed a Reply on August 7, 2019 explaining counsel’s advanced age and sickness.Issues:
Did the Court of Appeals err in dismissing petitioner’s appeal on procedural grounds?; Did the NCIP have jurisdiction over respondent’s complaint for violation of Section 10 of the IPRA?; Does petitioner Arnolfo A. Daco have a legitimate claim of ownership or possession over Isla Malajem that defeats the Tagbanua native title?Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)
Case Digest (G.R. No. 222611)
Facts:
- Parties and capacities
- Arnolfo A. Daco (Petitioner) — a Tagbanua and native of Busuanga, Palawan; alleged owner of Isla Malajem by virtue of tax declarations in the name of his deceased father, Ciriaco Daco.
- Ruben E. Cabajar (Respondent) — a member of the Tagbanua indigenous cultural community of Barangay Panlaitan, Busuanga, Palawan; president of the Panlaitan San Isidro Cultural Minorities Development Association (PASICMIDA); authorized by the Council of Elders to file the complaint before the National Commission on Indigenous Peoples (NCIP).
- The complaint filed by Respondent alleged violation of Section 10 of the Indigenous Peoples' Rights Act (1997) for unauthorized and unlawful intrusion with prayers for Temporary Restraining Order, Permanent Injunction, and Damages.
- Subject property and antecedent events
- The disputed area is Black Island or Isla Malajem, alleged to be within the Tagbanua ancestral domain covering Barangays Panlaitan and San Isidro.
- Respondent and the Tagbanua community applied for a Certificate of Ancestral Domain Title (CADT) under Section 11, Indigenous Peoples' Rights Act, over the area including Isla Malajem.
- During the CADT application pendency, an "Assumption Over Ancestral Domain" was issued in favor of the Tagbanuas represented by Respondent.
- Municipal Resolution No. 39, series of 1996 of the Sangguniang Bayan of Busuanga allegedly recognized Isla Malajem as discovered and exclusively for cultural minorities of Barangay Panlaitan and San Isidro.
- On October 12, 2012, Petitioner, accompanied by barangay tanods, allegedly entered Isla Malajem, brought construction materials, and constructed a nipa hut despite protests from Tagbanua elders.
- Two members of the council of elders who were guarding the island observed the entry and construction by Petitioner and the tanods; a tanod reported instructions from Punong Barangay Jerry Del Valle to escort Petitioner.
- Petitioner claimed he paid the municipal government for ownership and presented tax declarations; elders asserted native title and continuous possession since time immemorial, citing crops, plants, caves, and existing nipa huts.
- Petitioner subsequently barred Respondent and other Tagbanuas from returning to Isla Malajem, allegedly depriving them of their primary source of livelihood in the collection of *balinsasayaw* (edible bird nests).
- Administrative proceedings before the NCIP Regional Hearing Office
- Respondent filed a complaint with the NCIP Regional Hearing Office IV for violation of Section 10, Indigenous Peoples' Rights Act; Petitioner contested the NCIP's jurisdiction.
- NCIP officials conducted an ocular inspection; Petitioner did not appear and his sister who attended did not participate.
- On January 12, 2015, the NCIP Regional Hearing Office (RHO) found it had jurisdiction and ruled Isla Malajem formed part of the Tagbanuas' ancestral domain, citing a prior finding in PASICMIDA v. PCSD.
- The RHO held that a CADT is a formal recognition only, and the absence of a CADT does not defeat an established native title; it found the area to be seashore and caves traditionally used for *balinsasayaw*, and therefore not privately ownable.
- The RHO's dispositive order found Petitioner unlawfully intruded, permanently enjoined him to vacate, and awarded damages of P50,000 moral, P150,000 actual, and P50,000 exemplary.
- Appeals and procedural history in the Court of Appeals and Supreme Court
- Petitioner appealed to the Court of Appeals under Rule 43; the appeal was dismissed on March 6, 2015 for multiple procedural defects including non-payment of docket and legal fees, failure to name co-petitioners fully, absence of Special Power of Attorney, defective affidavit of service jurat, outdated counsel IBP details, and omission of documentary attachments. ...(Subscriber-Only)
Issues:
- Procedural issue presented
- Whether the Court of Appeals erred in dismissing Petitioner's Rule 43 petition outright due to procedural defects.
- Jurisdictional issue presented
- Whether the National Commission on Indigenous Peoples had jurisdiction over Respondent's complaint for violation of Section 10 of the Indigenous Peoples' Rights Act.
- Substantive ownership/possession issue presented ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)