THE National Commission on Indigenous Peoples-Davao Region (NCIP-Davao) has reiterated its warning to the public against buying ancestral domain lands, stressing that these territories are communal properties protected by law and cannot be sold, as reports of alleged illegal transactions and double-selling in Davao City have been linked to disputes and violence.
NCIP-Davao Regional Director Lawyer Geroncio R. Aguio, issued the warning during the Habi at Kape business media forum on October 7 at Ayala Malls Abreeza Davao, saying the Indigenous Peoples’ Rights Act (IPRA) of 1997 explicitly prohibits the sale of ancestral domains.
“The law itself provides penal provisions sa IPRA,” Aguio said, referring to the penalties imposed on those who violate the law.
He cautioned prospective buyers against entering into transactions involving ancestral domain lands, saying buyers cannot automatically claim ownership over these territories even if they possess documents showing that they purchased the property.
“Kung meron mang bumili doon, mag-isip-isip na siya kasi he cannot own it,” Aguio said.
The warning comes amid concerns over alleged illegal land transactions in Davao City, particularly in Marilog District, where Indigenous Peoples Mandatory Representative Datu Pagdatua Demetrio B. Bolo Sr. raised the alarm over unauthorized sales and double-selling of ancestral lands.
Early this year, Bolo said the practice had contributed to boundary conflicts that turned violent. He also cited complaints filed by migrant settlers seeking to recover lands they claimed to have purchased from people they believed were authorized to sell them.
Bolo said some buyers had been deceived by unauthorized brokers who offered ancestral lands without verifying ownership with legitimate clan holders.
He traced the disputes to cases in which a parcel of land was allegedly sold more than once, prompting competing claims between those asserting that they had purchased the property and tribal members seeking to reclaim it.
He also cited a previous land and boundary dispute that claimed the lives of two barangay councilors and a barangay chairman. The account did not establish that every reported land transaction involved the same circumstances or that all deaths were directly attributable to ancestral domain sales.
Bolo called for an information campaign to educate Indigenous communities and migrant settlers about the legal restrictions on ancestral domain transactions.
IPRA prohibits the sale of ancestral domains
Republic Act No. 8371, or the Indigenous Peoples’ Rights Act of 1997, recognizes, protects, and promotes the rights of Indigenous Cultural Communities and Indigenous Peoples (ICCs/IPs), including their rights to ancestral domains, self-governance, cultural integrity, and participation in decisions affecting their territories.
Section 5 of the law establishes the Indigenous concept of ownership, under which ancestral domains are private but communal properties belonging to Indigenous communities across generations. They therefore cannot be sold, disposed of, or destroyed.
The law also recognizes Indigenous Peoples’ rights to own, develop, manage and conserve their ancestral territories and natural resources, subject to applicable laws and customary practices.
Under Section 7, ICCs/IPs have the right to regulate the entry of migrant settlers and organizations into their ancestral domains. This does not mean Indigenous communities can disregard applicable laws or arbitrarily remove occupants; rather, their rights and the rules governing entry must be respected.
Section 8 also recognizes rights involving ancestral lands held by individuals, families and clans, including transfers among members of the same Indigenous cultural community, subject to the community’s customary laws and traditions. It provides a right of redemption in certain cases involving transfers to nonmembers when consent was vitiated, or the consideration was unconscionable.
These provisions underscore the importance of distinguishing communal ancestral domains from individually held ancestral lands, as the applicable rights and rules may differ.
Section 10 penalizes unauthorized or unlawful intrusion upon ancestral domains and requires the government to take measures to prevent non-Indigenous people from taking advantage of Indigenous communities’ customs or lack of understanding of the law to obtain ownership or possession of their lands.
Section 72 provides that, upon conviction for a violation of the law, an offender may face imprisonment of nine months to 12 years, a fine of P100,000 to P500,000, or both, at the discretion of the court. The offender may also be required to compensate the affected Indigenous community for damages.
The penalties cited in the law differ from the six months to five years of imprisonment mentioned during Aguio’s discussion. The statutory penalty under Section 72 is nine months to 12 years.
The law also provides for the formal recognition of ancestral domain rights through a Certificate of Ancestral Domain Title (CADT), which identifies and recognizes the rights of the concerned Indigenous community over its delineated territory.
The existence of a CADT is an important consideration in determining the extent of a recognized ancestral domain, although the IPRA also recognizes ancestral domain rights arising from native title.
NCIP calls for respect for community consent
Aguio said the NCIP continues to enforce procedures intended to ensure that actions affecting Indigenous communities are based on their own decisions and properly validated through established processes.
He explained that the regional office does not issue directives concerning community matters without a community-based resolution supported by a validation report.
“Walang ginagawa ang Region 11 na issues o directive kung walang validation report,” he said.
According to Aguio, the validation process establishes whether a proposed action reflects the wishes of the community and whether the resolution submitted to the agency is legitimate.
He said the NCIP works with Indigenous political structures, including tribal councils, which serve as key authorities in community decision-making. These structures may establish Indigenous Peoples’ Organizations (IPOs) to help manage their ancestral domains and community activities.
Aguio said the regional office was conducting education and capacity-building activities across ancestral domains in Davao City to strengthen the ability of Indigenous communities to exercise their authority.
He added that the agency’s role is to validate community decisions and regulate matters within its mandate, rather than assume ownership of resources belonging to Indigenous communities.
The same principle applies to royalty payments generated from projects operating within ancestral domains.
Davao Region reports highlight continuing concerns
The warning follows several developments reported in the Davao Region in 2025 and 2026 involving ancestral domain rights, migrant settlers, and the protection of Indigenous territories.
In February 2025, NCIP in Davao del Sur urged settlers and investors to respect the free and prior informed consent (FPIC) process in Indigenous communities.
NCIP Davao del Sur Provincial Director Indalecio Diano said FPIC is particularly important when migrants enter ancestral domains and when investors plan to establish structures or undertake activities in areas claimed by Indigenous communities.
Diano cited NCIP Administrative Order No. 3, series of 2012, which provides guidelines governing the entry of migrants into ancestral domains.
He also said local government units and the Department of Environment and Natural Resources are partners in ensuring that applicable requirements are observed before permits are issued for activities within ancestral territories.
The report highlighted that Indigenous communities must be consulted before development activities affecting their ancestral domains proceed, in accordance with applicable legal and regulatory requirements.
In another development, in December 2025, the NCIP had approved the CADTs of Blaan and Manobo Indigenous Cultural Communities in Jose Abad Santos, Davao Occidental.
The title covered 25 barangays and a total area of 123,094 hectares, comprising 62,143.1674 hectares of ancestral land and 60,951.058 hectares of ancestral waters.
The application was filed on July 7, 2011, with delineation activities beginning in 2014, according to the report.
The approval represented a significant step in the formal recognition of the communities’ ancestral domain rights and their protection for succeeding generations.
In August 2026, concerns over alleged illegal land sales again surfaced in Davao City.
Bolo said that unauthorized brokers and double-selling had contributed to disputes in Marilog District.
He estimated that only 50% to 60% of land parcels in the area had proper documentation, underscoring the difficulties in establishing ownership and resolving competing claims.
Bolo called on Indigenous communities and migrant settlers to report questionable transactions and pursue efforts to resolve disputes through consultations involving clan members and tribal leaders.
The reported cases reinforce the need for prospective buyers to verify the legal status of land, consult the appropriate authorities, and understand the distinction between ownership, occupancy and other arrangements involving ancestral territories.
Economic development as a means of protecting ancestral lands
Aguio said economic empowerment is central to the NCIP’s efforts to protect Indigenous communities and sustain their cultural heritage.
He argued that Indigenous communities with stronger economic opportunities would be better positioned to protect their territories, manage their resources, and preserve their traditions.
“For the past many years, ang IPs sa Philippines have been promoting their culture, but they are left behind,” he said, noting that cultural preservation must be supported by economic development.
He said the agency is promoting community-based economic activities, including ecotourism, that combine environmental protection with income generation.
Mount Apo is among the areas he cited where initiatives are being pursued with support from local government units.
Aguio said such programs should enable Indigenous communities to benefit directly from economic activities within their ancestral domains instead of leaving control and profits to outside entities.
He also emphasized the role of tribal councils and Indigenous Peoples’ Organizations in managing community resources and ensuring that development projects reflect the priorities of Indigenous communities.
The approach is consistent with the objectives of the first Mindanao Indigenous Peoples Trade Expo (MIPTEX) 2026, which will bring together Indigenous entrepreneurs, artisans, producers and organizations from across Mindanao.
MIPTEX 2026 to expand markets for Indigenous enterprises
MIPTEX 2026 is scheduled for October 26 to 30 at Poblacion Market Central in Davao City. It is jointly organized by the Mindanao Development Authority (MinDA) and the New Zealand Embassy, in partnership with the NCIP, the United Nations Development Programme (UNDP) through its Indigenous Women and Girls-Leadership and Empowerment in Ancestral Domains (I-LEAD) Project, Alsons Development and Investment Corporation, the Conrado & Ladislawa Alcantara Foundation Inc. (CLAFI), the Department of Trade and Industry (DTI), and other supporting institutions.
With the theme “Celebrating Indigenous Heritage, Strengthening Indigenous Wealth Management, and Expanding Sustainable Opportunities,” the five-day expo aims to promote Indigenous products, strengthen community enterprises, and connect producers with potential buyers, investors, government agencies, and development partners.
Organizers expect approximately 50 exhibitors and 500 guests and visitors throughout the event.
Products to be showcased include handwoven textiles, traditional apparel, handicrafts, agricultural commodities, Indigenous food and wellness products, and other creative works reflecting Mindanao’s cultural heritage.
Beyond providing a marketplace, MIPTEX will feature buyer-seller conversations, business matching and product and business clinics covering design, branding, packaging and market readiness.
Learning sessions will also focus on financial literacy, digital marketing, business registration, Indigenous wealth management, and the protection of Indigenous knowledge and intellectual property.
Cultural activities will include live weaving demonstrations, the “Nilotlot” Traditional Food Showcase, the “Dibuho” Indigenous Peoples Youth Painting Showdown, and the “Hulagway” Fashion Show featuring traditional and contemporary Indigenous apparel.
The event also seeks to promote respect for Indigenous Knowledge Systems and Practices, cultural integrity, ethical marketing and responsible consumption.
Aguio is championing the expo as part of efforts to strengthen Indigenous enterprises and ensure that communities can benefit from their products, skills and cultural assets.
During the October 7 forum, Marites Cisneros, UNDP I-Lead program manager, said its initiatives include strengthening the capacity of Ancestral Domain Management Offices and supporting economic opportunities for Indigenous women and youth.
The program has two supported sites in the Davao Region: Paquibato District in Davao City, which is home to Ata ICCs/IPs, and Malita in Davao Occidental, where Blaan and Tagakaolo ICCs/IPs are based.
The I-Lead Seed Grant is intended to provide capital for Indigenous women and youth to start enterprises, while existing businesses may receive support to expand their operations.
Products developed through these initiatives are expected to be among those showcased at MIPTEX, alongside stories about the communities and the cultural traditions behind their products. DEF