MALAYBALAY CITY (MindaNews / 28 January) — Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 grants the country’s Indigenous Peoples the right to self-governance, and, complementar…
MALAYBALAY CITY — Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 grants the country’s Indigenous Peoples the right to self-governance, and, complementary to it, the right to their ancestral domains. The first can only be realized by recognizing the second.
The brewing conflict in San Francisco, Agusan del Sur between ancestral domain claimants belonging to the Oyay Mansaloay Antod Ogow Bando Ugong Tribal Clan Organization on one hand, and agrarian reform beneficiaries and the San Francisco Water District on the other, is yet another case in point. Bando, citing Section 52 of IPRA, further said that the certification “effectively terminates any legal basis for the jurisdiction that may be previously claimed over the ancestral domain” on the part of the Department of Agrarian Reform and other government agencies claiming jurisdiction over the said ancestral domain.
As with any other law, the provisions of IPRA must be interpreted in relation to one another. The claimants cannot summarily tell the agrarian reform beneficiaries to get out and that’s it. The latter acquired rights to the 600 hectares of land in good faith, that is, through tenure instruments issued by the Department of Agrarian Reform, not through deceit, force or coercion.
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