SC limits NCIP jurisdiction over IP disputes

The Supreme Court has ruled that the National Commission on Indigenous Peoples has no jurisdiction over a dispute unless all parties belong to the same Indigenous community.

In a decision dated 19 February 2026 and written by Associate Justice Henri Jean Paul Inting, the court’s Third Division dismissed a petition seeking to stop the enforcement of an ejectment ruling against a couple claiming membership in an Indigenous group.

The case stemmed from an unlawful detainer complaint filed by Kristoffer Co Uy against Elvin and Jocelyn Sending, whom he sought to remove from a property registered in his name.

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

After the appellate court’s decision became final, the municipal court ordered its enforcement upon Co Uy’s motion.

The Sendings then challenged the municipal court’s jurisdiction, claiming for the first time that they belonged to the Lumad KKK-Alimaong Higaonon Tribe.

They argued that the property dispute should be resolved according to customary laws, traditions and practices under Republic Act 8371, or the Indigenous Peoples’ Rights Act of 1997.

The couple asked the court to suspend implementation of the ejectment ruling while the jurisdictional issue was being resolved.

The municipal court denied their motions, ruling that it could no longer alter the Court of Appeals decision because it had become final.

Before the Supreme Court, the Sendings argued that the Higaonon Tribe and the Dadantulan Tribal Court, rather than the municipal court, had jurisdiction over the dispute.

The high court disagreed, clarifying that Section 66 of the Indigenous Peoples’ Rights Act grants the NCIP jurisdiction over disputes involving Indigenous Peoples’ rights only when all parties belong to the same Indigenous group.

If one party does not belong to the same Indigenous community, jurisdiction remains with the regular courts, the court said.

Co Uy was not a member of an Indigenous group. The Supreme Court said subjecting him to another community’s customary laws would violate principles of fairness and due process.

The court also found that the Sendings failed to present evidence supporting their claimed Indigenous identity.

They did not explain the community’s customs, political structures, institutions or decision-making processes or submit other proof of membership.

The Supreme Court said the couple raised the NCIP jurisdiction argument only during the execution stage after participating in barangay proceedings and litigation before the regular courts.

It found that the claim was invoked to prevent enforcement of a final judgment, casting doubt on its credibility.

The Sendings were ordered to vacate the property within 30 days of receiving the decision.