Supreme Court affirms Ati ownership of 2-hectare land in Boracay

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The private claimants take the wrong appeal route, which is the High Court's basis in upholding the authority of the NCIP award of ancestral domain.

The NCIP awarded a Certificate of Ancestral Domain Title on August 23, 2010 to the Atis represented by tribe leader Delsa Supetran Justo.

The Atis argued that the trial court did not have jurisdiction over the case, pursuant to the Indigenous Peoples' Act which gave NCIP jurisdiction over claims involving IP rights.The Atis elevated the case to the Court of Appeals . In 2012, the CA reversed the trial court and set aside the orders.Technicality

"We find that the NCIP has primary, not original and exclusive, jurisdiction over the cancellation of CADTs in accordance with the IPRA law," said the First Division ruling. " could have filed an appeal from the NCIP En Banc resolution to the Court of Appeals, pursuant to Rule X, Section 27 of the Revised Rules of Procedure before the NCIP. The records show no such appeal was taken," said the ruling.

 

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