SC Limits Indigenous Commission's Jurisdiction in Inter-Tribal Disputes

The Supreme Court (SC) has ruled that the National Commission on Indigenous Peoples (NCIP) has jurisdiction over disputes involving indigenous peoples only when both parties belong to the same indigenous group. This decision means that inter-tribal land disputes, among other issues, will now fall under the jurisdiction of regular courts under the Indigenous Peoples Rights Act (IPRA). The ruling, issued by the SC's Third Division, dismissed the petition of spouses Elvin and Jocelyn Sending, who sought to stop the execution of a final judgment ordering them to vacate a property in Cebu. The couple claimed they were members of the "Lumad KKK-Alimaong Higaonon Tribe" and that customary law should apply. However, the SC noted that no evidence was presented to show that the opposing party, Kristoffer Rahda Co Uy, belonged to the same indigenous group as the Sendings. "Applying the doctrine in Unduran, subjecting a non-member to the customary laws of an ICC/IP violates the fundamental principles of fair play and due process. Accordingly, jurisdiction properly lies with the regular courts," the tribunal stated, citing its previous ruling in Unduran v. Aberasturi. The SC also found that the Sendings failed to sufficiently establish their claimed Higaonon membership, citing a lack of evidence regarding the tribe's customs, political structures, and decision-making processes. Furthermore, the court deemed the Sendings' invocation of NCIP authority "a mere subterfuge designed to evade the execution of the final judgment against them." The court ordered the Sendings to vacate the property and voluntarily remove their improvements within 30 days of receiving the decision. This decision could impact dispute resolution processes among the Philippines' diverse indigenous communities, potentially complicating the resolution of conflicts, particularly those involving land and resources. While the NCIP has previously handled indigenous-related disputes centrally, the determination of the parties' tribal affiliations will now be a crucial factor in determining jurisdiction.