DAVAO CITY (PIA) – The National Commission on Indigenous Peoples has reiterated that lands within ancestral domain cannot be subject to commerce.

The NCIP has issued advisory number NA-2020-08-001 Series of 2020 which cites Section 5 of the Indigenous Peoples Rights Act (IPRA) which states that “Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.”

The advisory was issued as it has come to the attention of the Commission that selling of portions of ancestral domains is still continuing despite the effort of the NCIP in educating and inculcating the nature of ownership of the indigenous peoples to their ancestral domain.

All NCUP regional and provincial offices, Community Service Centers, Indigenous Political Structures, Council of Elders, Indigenous Peoples Organizations, Indigenous Peoples Mandatory Representatives and Tribal councils are hereby enjoined to stop prohibit and report any transaction dealing in, and/or negotiating the transfer and selling of portions or parcels of ancestral domains.

These pertains to any form such as Deed of Sale, Transfer of Rights and the like.

The NCIP has warned that full sanctions will be  imposed on those who are part to any transactions pertaining to the selling of these lands. An exhaustive investigation will be conducted on any complaints involving the sale of these lands. This efforts will include the preparation of complaint-affidavits and the filing of cases in court against these erring individuals.

The heads of Local Government units, the barangay, barangay legislative councils and realtors are advised to refrain from facilitating, dealing and negotiating transactions involving the transfer and sale of portions of the ancestral domain or any illegal intrusion into the ancestral domains.

These acts include the signing of documents of transfer or sale as witness as this will create a wrongful perceptions of the legality of the sale or transfer to the willing of unknowing buyer.

These illegal acts are punishable by imprisonment of not less than nine months but not more than 12 years or  a fine of not less than P100,000 nor more than P5000,000. In addition the guilty party shall be obliged to pay the indigenous cultural community/IP concerned of whatever damage may have been suffered by the latter as a consequence of the unlawful act. (PIA/RG Alama)