SC limits NCIP dispute jurisdiction

The Supreme Court (SC) has ruled that the National Commission on Indigenous Peoples (NCIP) holds jurisdiction over a land dispute only when all parties involved belong to the same indigenous community.

In a decision written by Associate Justice Henri Jean Paul B. Inting dated 19 February 2026, the Supreme Court’s Third Division dismissed a petition to set aside an ejectment ruling against a couple claiming indigenous membership.

The case originated from an unlawful detainer suit filed by Kristoffer R. Co Uy against Elvin and Jocelyn Sending, seeking their eviction from property registered under Co Uy’s name.

The Municipal Circuit Trial Court, Regional Trial Court and Court of Appeals all ruled in favor of Co Uy, ordering the Sendings to vacate the property.

Following the finality of the appellate decision, the trial court granted Co Uy’s motion to enforce the ruling.

The Sendings challenged the trial court’s authority during the execution phase, claiming membership in the Lumad KKK-Alimaong Higaonon Tribe.

Invoking Republic Act 8371, or the Indigenous Peoples’ Rights Act of 1997, the couple argued that customary laws and tribal bodies should govern the property conflict.

The SC rejected the argument, clarifying that under Section 66 of the law, the commission’s jurisdiction applies strictly when all parties belong to the same indigenous group. When any party falls outside the community, regular courts retain jurisdiction.

It also stated that subjecting Co Uy, who is not a member of any indigenous group, to customary tribal laws would violate fundamental due process principles.

Justices also cited that the Sendings failed to provide proof of their indigenous membership, custom structures, or community accreditation. The court concluded the couple raised the claim solely to delay enforcement after fully participating in earlier court proceedings.

The SC ordered the couple to vacate the property within 30 days of receiving the decision.