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G.R. No. 189852. August 17, 2016.*

THOMAS BEGNAEN, petitioner, vs. SPOUSES LEO

CALIGTAN and ELMA CALIGTAN, respondents.

Republic Act No. 8371; National Commission on Indigenous

Peoples; The limited jurisdiction of the National Commission on
Indigenous Peoples (NCIP) is concurrent with that of the regular
trial courts in the exercise of the latterÊs general jurisdiction
extending to

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* FIRST DIVISION.

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all controversies brought before them within the legal bounds of

rights and remedies.·The appellate court was likewise in error in
upholding the NCIPÊs primary jurisdiction over all claims and
disputes involving rights of ICCs/IPs and all cases pertaining to the
implementation, enforcement, and interpretation of R.A. 8371. To

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reiterate Lim v. Gamosa, 775 SCRA 646 (2015), the limited

jurisdiction of the NCIP is concurrent with that of the regular
trial courts in the exercise of the latterÊs general jurisdiction
extending to all controversies brought before them within the legal
bounds of rights and remedies.
Ancestral Lands; Ancestral lands are lands occupied, possessed
and utilized by individuals, families and clans who are members of
the Indigenous Cultural Communities (ICCs)/Indigenous Peoples
(IPs) since time immemorial.·Indeed, „ancestral lands are lands
occupied, possessed and utilized by individuals, families and clans
who are members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest, under
claims of individual or traditional group
ownership,continuously, to the present x x x.‰ Thus, the claim of
petitioner that when land is purchased, it is no longer within the
ambit of ancestral land/domain, is devoid of merit.
Remedial Law; Jurisdiction; The body or agency that first takes
cognizance of the complaint shall exercise jurisdiction to the
exclusion of the others.·While the doctrine of concurrent
jurisdiction means equal jurisdiction to deal with the same subject
matter, We have consistently upheld the settled rule that the body
or agency that first takes cognizance of the complaint shall
exercise jurisdiction to the exclusion of the others.
Same; Forum Shopping; Forum shopping is the institution of
two (2) or more actions involving the same parties for the same cause
of action, either simultaneously or successively, on the supposition
that one or the other court would come out with a favorable
disposition.·„A circumstance of forum shopping occurs when, as a
result or in anticipation of an adverse decision in one forum,
a party seeks a favorable opinion in another forum through
means other than appeal or certiorari by raising identical
causes of action, subject matter and issues. Stated a bit
differently, forum shopping is the institution of two or more actions
in-

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volving the same parties for the same cause of action, either

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simultaneously or successively, on the supposition that one or the

other court would come out with a favorable disposition.‰
Same; Same; The evil sought to be avoided by the rule against
forum shopping is the rendition by two (2) competent tribunals of
two separate and contradictory decisions.·As We held in Brown-
Araneta v. Araneta, 707 SCRA 222 (2013), „(t)he evil sought to be
avoided by the rule against forum shopping is the rendition by two
competent tribunals of two separate and contradictory decisions.
Unscrupulous party-litigants, taking advantage of a variety of
competent tribunals, may repeatedly try their luck in several
different fora until a favorable result is reached.‰

PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
Celino, Celino (on leave) & Celino Law Offices for
petitioner.
Domogan (on leave), Orate, Dao-ayan, Padaco and
Bawayan Law Offices for respondents.

SERENO, CJ.:

The case at Bench is an opportunity for Us to reaffirm

and reemphasize Our ruling in Lim v. Gamosa,1 where We
struck down as void an administrative rule that expanded
the jurisdiction of the National Commission on Indigenous
People (NCIP) beyond the boundaries of the Indigenous
PeoplesÊ Rights Act (IPRA). In the process, it likewise
behooves Us to resolve a question of concurrent jurisdiction
and determine the proper tribunal/body to take cognizance
of the instant dispute.

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1 G.R. No. 193964, 2 December 2015, 775 SCRA 646.

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Before this Court is a Petition for Review on Certiorari

under Rule 45 of the Rules of Court, assailing the Decision2
and Resolution3 of the Court of Appeals (CA) in C.A.-G.R.
S.P. No. 104150. The CA reversed and set aside the
Decision4 and Order5 rendered by the Regional Trial Court
(RTC) of Bontoc, Mountain (Mt.) Province, and reinstated
the Resolution6 of the Municipal Circuit Trial Court
(MCTC) of Bauko, Mt. Province. The case concerns an
ancestral land dispute between members of an Indigenous
Cultural Community (ICC), particularly the Kankanaey
Tribe of Mt. Province.
The basic issue is whether or not the CA, in upholding
the jurisdiction of the National Commission on Indigenous
Peoples (NCIP) over the aforementioned dispute, to the
exclusion of regular courts, committed reversible error.

Proceedings Before the NCIP-RHO & MCTC

On 3 August 2006, petitioner Thomas Begnaen

(Begnaen) filed a Complaint with Prayer for Preliminary
Injunction against respondents Spouses Leo and Elma
Caligtan (Sps. Caligtan) for „Land Dispute and
Enforcement of Rights‰ before the Regional Hearing Office
(RHO) of the NCIP at La Trinidad, Benguet.7 The RHO
thereafter issued an Order8 dismissing the complaint based
on respondentsÊ argument that the case should have gone
to the council of elders and not

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2 CA Decision dated 27 February 2009, Rollo, pp. 23-31. Penned by

Associate Justice Bienvenido L. Reyes (now a member of this Court),
with Associate Justices Isaias P. Dicdican and Marlene Gonzales-Sison,
concurring.
3 CA Resolution dated 28 September 2009, id., at pp. 17-18.
4 RTC Decision dated 11 March 2008, id., at pp. 32-43. Penned by
Presiding Judge Joseph A. Patnaan.
5 RTC Resolution dated 29 May 2008, id., at p. 44.
6 MCTC Resolution dated 6 August 2007, id., at pp. 45-50. Penned by
Presiding Judge James P. Kibiten.
7 CA Rollo, pp. 43-48.
8 Dated 23 November; id., at pp. 56-57.

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through the Barangay Lupon, as mandated by the

Indigenous PeoplesÊ Rights Act (IPRA).9
However, instead of abiding by the Order of the RHO,
Begnaen filed against the Sps. Caligtan a Complaint for
Forcible Entry with a Prayer for a Writ of Preliminary
Mandatory Injunction10 before the Municipal Circuit Trial
Court (MCTC) of Bauko-Sabangan, Mt. Province.
Begnaen alleged that he was the owner of a 125-square-
meter parcel of land situated in Supang, Sabangan, Mt.
Province. He claimed that on two occasions,11 respondents
· by using force, intimidation, stealth, and threat ·
entered a portion of the subject property, hurriedly put up a
chicken wire fence, and started building a shack thereon
without BegnaenÊs knowledge and consent.12
Meanwhile, respondents averred that they owned the
area in question as part of the land they had purchased
from a certain Leona Vicente in 1959 pursuant to age-old
customs and traditions. They introduced improvements
evidencing their prior physical possession.13 Respondents
further contended that when petitionerÊs father Alfonso
Begnaen (Alfonso) was still alive, he had always respected
their boundary wherein a „GIKAD‰ or old pine tree lumber
was buried and recovered. The „GIKAD‰ established their
boundary pursuant to age-old Igorot customs and
traditions. To further mark their boundary, respondents
also planted bushes and a mango tree, all of which Alfonso
had likewise respected.14

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9 Id., at p. 56.
10 Dated 18 June 2007, docketed as Civil Case No. 336; id., at pp. 58-
62.
11 Id., at p. 59; 26 April 2006 and 9 June 2007.
12 Id., at pp. 58-59.
13 Id., at p. 65.
14 Id., at p. 66.

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MCTCÊs Ruling

In its Resolution,15 the MCTC dismissed the ejectment

complaint in favor of respondents. However, this was
without prejudice to the filing of a case before the RHO of
the NCIP, which the MCTC recognized had primary,
original, and exclusive jurisdiction over the matter
pursuant to the IPRA. The MCTC further reasoned that
the fact that petitioner initially filed a complaint with the
NCIP-RHO shows that he recognized the primary
jurisdiction of the NCIP.16 Aggrieved, petitioner-appellant
filed an appeal before Regional Trial Court Branch 35 of
Bontoc, Mt. Province (RTC).

RTCÊs Ruling

In a Decision17 dated 11 March 2008, the RTC reversed

and set aside the Resolution and Order of the MCTC,
saying that it was the latter court that had jurisdiction
over the case for forcible entry. The RTC reasoned that the
provisions of the IPRA pertaining to jurisdiction do not
espouse exclusivity and thus cannot divest the MCTC of its
jurisdiction over forcible entry and unlawful detainer cases
as provided by B.P. Blg. 129. According to the RTC, IPRA
must be read to harmonize with B.P. Blg. 129.18
Respondent-appellees then moved for a reconsideration
of the above Decision, but their motion was denied by the
RTC in its Order19 dated 29 May 2008. Undaunted,
respondents appealed to the CA.

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15 Rollo, pp. 45-50; penned by Judge James P. Kibiten.

16 Id., at p. 50.
17 Supra note 4.
18 Rollo, p. 41.
19 Id., at p. 44.

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CAÊs Ruling

In its Decision,20 the CA reversed and set aside the RTC

rulings and reinstated the Resolution of the MCTC. In
upholding the jurisdiction of the NCIP over the present
case, the CA ruled that the passage of the IPRA has
divested regular courts of their jurisdiction when the
parties involved are members of ICCs/IPs and the disputed
property forms part of their ancestral land/domain.21
Petitioner filed a Motion for Reconsideration, but it was
denied by the CA in its questioned Resolution.22
Hence, this Petition.

Ruling of the Court

The NCIP Rule purporting to

establish the jurisdiction of the
NCIP-Regional Hearing Officer
as original and exclusive has
been declared VOID for expanding
the law.

In its assailed Decision, the CA reversed the RTC and

held that jurisdiction properly lies with the NCIP, to the
exclusion of the regular courts. Thus:

While admittedly forcible entry cases are cognizable by the regular

courts pursuant to Section 1, Rule 70 of the 1997 Rules of Court and
B.P. Blg. 129; nonetheless, with the passage of the IPRA Law (R.A.
8371), it is our considered view that the regular courts are
divested of their jurisdiction when the parties involved
there-

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20 Supra note 1.
21 Rollo, p. 29.
22 Id., at pp. 17-18.

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in are the ICCs/IPs and the property in question is an

ancestral land.23

R.A. 8371 or the Indigenous PeoplesÊ Rights Act of 1997,

particularly Sections 65 and 66 thereof, provide:

SECTION 65. Primacy of Customary Laws and Practices.·When

disputes involve ICCs/IPs, customary laws and practices
shall be used to resolve the dispute.

SECTION 66. Jurisdiction of the NCIP.·The NCIP, through its

regional offices, shall have jurisdiction over all claims and
disputes involving rights of ICCs/IPs: Provided, however, That
no such dispute shall be brought to the NCIP unless the parties
have exhausted all remedies provided under their customary laws.
For this purpose, a certification shall be issued by the Council of
Elders/Leaders who participated in the attempt to settle the dispute
that the same has not been resolved, which certification shall be a
condition precedent to the filing of a petition with the NCIP.
(Emphasis supplied)

The IPRA confers jurisdiction on the NCIP over „all

claims and disputes involving rights of ICCs/IPs,‰ without
qualification as to whether such jurisdiction is original
and/or exclusive. However, Section 5, Rule III of NCIP
Administrative Circular No. 1-03 dated 9 April 2003,
known as „The Rules on Pleadings, Practice, and Procedure
Before the NCIP‰ (NCIP Rules), went beyond the
provisions of the IPRA to provide:24

Sec. 5. Jurisdiction of the NCIP.·The NCIP through its Regional

Hearing Offices shall exercise jurisdiction over all claims and
disputes involving rights of ICCs/IPs and all cases pertaining to the
implementation, enforcement, and interpretation of R.A. 8371,
including but not limited to the following:

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23 Id., at p. 29; emphasis supplied.

24 Id.

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(1) Original and Exclusive Jurisdiction of the Regional

Hearing Office (RHO):
a. Cases involving disputes and controversies over
ancestral lands/domains of ICCs/IPs;
xxxx
(2) Original Jurisdiction of the Regional Hearing Officer:
a. Cases affecting property rights, claims of ownership,
hereditary succession, and settlement of land disputes,
between and among ICCs/IPs that have not been settled
under customary laws; x x x. (Emphases supplied)

During the pendency of these proceedings, the NCIP

promulgated Administrative Circular No. 1, Series of 2014,
known as „The 2014 Revised Rules of Procedure before the
National Commission on Indigenous Peoples‰25 (NCIP
Revised Rules). Section 1, Rule III of the NCIP Revised
Rules continues to articulate the „original and exclusive‰
jurisdiction of the NCIP-RHO, thus:

Section 1. Jurisdiction of the NCIP.·The NCIP through its

Regional Hearing Offices shall exercise jurisdiction over all claims
and disputes involving rights of ICCs/IPs and all cases pertaining to
the implementation, enforcement, and interpretation of R.A. 8371,
including but not limited to the following:
(1) Original and Exclusive Jurisdiction of the Regional
Hearing Office (RHO):
a. Cases involving disputes and controversies over ancestral
lands/domains of ICCs/IPs;
x x x x. (Emphasis supplied)

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25 Approved 9 October 2014.

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We recently had occasion to scrutinize and categorically

rule upon the validity of the foregoing provisions in Lim,26
specifically „whether the NCIPÊs jurisdiction is limited to
cases where both parties are ICCs/IPs or primary and
concurrent with regular courts, and/or original and
exclusive, to the exclusion of the regular courts, on
all matters involving rights of ICCs/IPs.‰ At the outset, We
said:

(I)n Unduran, et al. v. Aberasturi, et al., we ruled that Section 66 of

the IPRA does not endow the NCIP with primary and/or exclusive
and original jurisdiction over all claims and disputes involving
rights of ICCs/IPs. Based on the qualifying proviso, we held that the
NCIPÊs jurisdiction over such claims and disputes occur only when
they arise between or among parties belonging to the same ICC/IP.
Since two of the defendants therein were not IPs/ICCs, the regular
courts had jurisdiction over the complaint in that case.

In his concurring opinion in Unduran, Justice Jose P. Perez submits

that the jurisdiction of the NCIP ought to be definitively drawn to
settle doubts that still linger due to the implicit affirmation done in
The City Government of Baguio City, et al. v. Atty. Masweng, et al. of
the NCIPÊs jurisdiction over cases where one of the parties are not
ICCs/IPs.

In Unduran and as in this case, we are hard pressed to declare a

primary and/or exclusive and original grant of jurisdiction to the
NCIP over all claims and disputes involving rights of ICCs/IPs
where there is no clear intendment by the legislature.

After a comprehensive analysis of the classes of

jurisdiction, We held that „the NCIP cannot be said to
have even primary jurisdiction over all the ICC/IP
cases x x x. We do not find such specificity in the grant of
jurisdiction to the NCIP in Section 66 of the IPRA. Neither
does the IPRA

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26 Supra note 1.

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Begnaen vs. Caligtan

confer original and exclusive jurisdiction to the

NCIP over all claims and disputes involving rights of
ICCs/IPs.‰ Furthermore,

That NCIP Administrative Circular 44 expands the jurisdiction of

the NCIP as original and exclusive in Sections 5 and 1, respectively
of Rule III x x x is of no moment. The power of administrative
officials to promulgate rules in the implementation of a statute is
necessarily limited to what is provided for in the legislative
enactment.

It ought to be stressed that the function of promulgating rules and

regulations may be legitimately exercised only for the purpose of
carrying out the provisions of the law into effect. The
administrative regulation must be within the scope and purview of
the law. The implementing rules and regulations of a law
cannot extend the law or expand its coverage, as the power
to amend or repeal a statute is vested in the legislature.
Indeed, administrative issuances must not override, but
must remain consistent with the law they seek to apply and
implement. They are intended to carry out, not to supplant
or to modify, the law.

xxxx

Perforce, in this case, the NCIPÊs Administrative CircularsÊ

classification of its RHOÊs jurisdiction as original and
exclusive, supplants the general jurisdiction granted by
Batas Pambansa Bilang 129 to the trial courts and
ultimately, modifies and broadens the scope of the
jurisdiction conferred by the IPRA on the NCIP. We cannot
sustain such a classification.

xxxx

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At best, the limited jurisdiction of the NCIP is concurrent

with that of the regular trial courts in the exercise of the
latterÊs general jurisdiction extending to all controversies
brought before them within

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the legal bounds of rights and remedies. (Emphases supplied)

Thus, We struck down as void the latest iteration of the

NCIP rule purporting to confer original and exclusive
jurisdiction upon the RHO, contrary to the provisions of the
IPRA:

WHEREFORE, the appeal is GRANTED. The Decision of the Court

of Appeals in C.A.-G.R. S.P. No. 98268 dated 26 April 2010 and the
Resolution of the National Commission on Indigenous Peoples in
RHO 4-01-2006 dated 30 November 2006 are REVERSED AND
SET ASIDE. The petition in RHO 4-01-2006 is DISMISSED for lack
of jurisdiction of the National Commission on Indigenous Peoples.
Section 1 of NCIP Administrative Circular No. 1, Series of
2014, promulgated on 9 October 2014 declaring the
jurisdiction of the Regional Hearing Officer as original and
exclusive is declared VOID for expanding the law.x x x.
(Emphasis supplied)

In view of the foregoing, We find the CA to have erred in

reversing the RTCÊs findings on the jurisdiction of regular
courts and declaring that the NCIP „has original and
exclusive jurisdiction over the instant case to the
exclusion of the regular courts.‰ The appellate court was
likewise in error in upholding the NCIPÊs primary
jurisdiction over all claims and disputes involving rights of
ICCs/IPs and all cases pertaining to the implementation,
enforcement, and interpretation of R.A. 8371. To reiterate
Lim, the limited jurisdiction of the NCIP is concurrent
with that of the regular trial courts in the exercise of the

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latterÊs general jurisdiction extending to all controversies

brought before them within the legal bounds of rights and
remedies.
Be that as it may, We nevertheless find the MCTCÊs
dismissal of petitioner-appellantÊs case for forcible entry
against respondents-appellees to be warranted.

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The NCIP is vested with jurisdiction

over (1) the parties, who are all
members of the same ICC, and (2) the
subject property, which is ancestral
land.

Before proceeding to the pivotal issue of which tribunal

shall properly take cognizance of the dispute between the
parties, We first address the NCIPÊs jurisdiction over the
parties and the subject property.
It is undisputed that the parties are members of
ICCs/Indigenous Peoples (IPs).
In point is the Resolution of the MCTC, which states in
part:

On the date set, the parties and their respective lawyers appeared.
Instead of immediately hearing the aforesaid prayer, the court,
considering that the parties are natives of this place (Mountain
Province) who belong to the so called groups of Indigenous
Peoples/Indigenous Cultural Communities of our country, and
that the land subject of this case is also located within this same
province, asked the following questions to the parties, to wit:
1. Do they admit that they belong to and are members of
the Indigenous Peoples/Indigenous Cultural
Communities?
xxxx
To these questions, both parties replied in the affirmative: that
indeed, they belong to and are members of the so called group
of Indigenous Peoples/Indigenous Cultural Communities
x x x.27

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In affirming the MCTC, the CA likewise declared:

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27 MCTC Resolution, p. 45.

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Undeniably, both parties herein admitted that they are

members of the Indigenous Cultural Communities,
particularly the Kankanaey Tribe of Mt. Province x x x.28
(Emphasis supplied)

Since the courts below (the CA and the MCTC) concur

that the parties to this case are members of ICCs,
particularly the Kankanaey Tribe of Mt. Province, the
Court defers to these undisputed factual findings.
On the matter of the subject property, petitioner claims
that land that had been purchased by respondents from
another cannot become ancestral land, which should have
been owned since time immemorial.29
We do not agree.
Republic Act No. 8371 (R.A. 8371), otherwise known as
the Indigenous PeoplesÊ Rights Act of 1997, specifically
governs the rights of indigenous peoples to their ancestral
lands and domains.30
Section 3(a) and (b) and Section 56 of R.A. 8371 provide
for a more comprehensive definition of ancestral domains
and ancestral lands:

SECTION 3. Definition of Terms.·For purposes of this Act, the

following terms shall mean:

a) Ancestral Domains · Subject to Section 56 hereof, refers to

all areas generally belonging to ICCs/IPs comprising
lands, inland waters, coastal areas, and natural resources
therein, held under a claim of ownership, occupied or
possessed by ICCs/IPs, by themselves or through their

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ancestors, communally or individually since time

immemorial, continuously to the present except when
interrupted by war, force ma-

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28 Id., at p. 27.
29 Rollo, p. 11.
30 Tanenglian v. Lorenzo, 573 Phil. 472, 502; 550 SCRA 348, 372
(2008).

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jeure or displacement by force, deceit, stealth or as a

consequence of government projects or any other voluntary
dealings entered into by government and private
individuals/corporations, and which are necessary to ensure
their economic, social and cultural welfare. It shall include
ancestral lands, forests, pasture, residential, agricultural,
and other lands individually owned whether alienable and
disposable or otherwise, hunting grounds, burial grounds,
worship areas, bodies of water, mineral and other natural
resources, and lands which may no longer be exclusively
occupied by ICCs/IPs but from which they traditionally had
access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;

b) Ancestral Lands · Subject to Section 56 hereof, refers to

lands occupied, possessed and utilized by individuals,
families and clans who are members of the ICCs/IPs
since time immemorial, by themselves or through their
predecessors-in-interest, under claims of individual or
traditional group ownership, continuously, to the
present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of
government projects and other voluntary dealings entered
into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or

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paddies, private forests, swidden farms and tree lots.

SECTION 56. Existing Property Rights Regimes.·Property rights

within the ancestral domains already existing and/or vested upon
effectivity of this Act, shall be recognized and respected.

Indeed, „ancestral lands are lands occupied, possessed

and utilized by individuals, families and clans who are
members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest,
under claims of individual or traditional group
ownership,continuously,

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to the present x x x.‰ Thus, the claim of petitioner that

when land is purchased, it is no longer within the ambit of
ancestral land/domain, is devoid of merit.
It is significant to note that in their Answer,
respondents claimed that they owned the area in question
as part of the land they purchased in 1959 „pursuant to
age-old customs and traditions from their relative
Leona Vicente.‰31 This purchase was well within the rights
protected under the IPRA Law or its Rules and
Regulations, to wit:

SECTION 8. Rights to Ancestral Lands.·The right of ownership

and possession of the ICCs/IPs to their ancestral lands shall be
recognized and protected.

a) Right to transfer land/property.·Such right shall include

the right to transfer land or property rights to/among
members of the same ICCs/IPs, subject tocustomary
laws and traditions of the community concerned.32
(Emphases supplied)

PART  III

Rights of the ICCs/IPs to Their Ancestral Lands

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SECTION 1. Right to Transfer Land or Property.·The various

indigenous modes of acquisition and transfer of property
between and among members of the ICCs/IPs shall be
recognized as legal, valid and enforceable.33 (Emphases
supplied)

Furthermore, when questioned, both parties admitted

that the land subject of their dispute and of the case, was
ancestral

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31 Rollo, p. 57.
32 R.A. No. 8371 (Indigenous PeopleÊs Rights Act of 1997)
33 NCIP ADMINISTRATIVE ORDER NO. 01-98 (RULES AND REGULATIONS
IMPLEMENTING REPUBLIC ACT NO. 8371, OTHERWISE KNOWN AS „THE
INDIGENOUS PEOPLESÊ RIGHTS ACT OF 1997‰).

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land.34 This admission was also attested to in respondentsÊ

Comment/Opposition to the Petition, which stated that „the
petitioner again cannot refute or contradict the fact that as
per stipulations/admissions entered into by the parties
before the MCTC of Sabangan-Bauko, Mt. Province on 29
June 2007 the parties herein are members of the
Indigenous Peoples/ Indigenous Cultural Communities and
the land subject of this case is an ancestral land.‰35
Finally, it must be noted this case stemmed from the
„Land Dispute and Enforcement of Rights‰ complaint filed
by petitioner-appellant before the NCIP-RHO. When the
NCIP-RHO assumed jurisdiction over the case, heard it,
and eventually dismissed it without prejudice to its
settlement under customary practice, the RHO in effect
determined that the property was ancestral land, and that
the parties to the dispute must conform to the customary
practice of dispute settlement.

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The NCIP-RHO, being the agency

that first took cognizance of
petitioner-appellantÊs complaint,
has jurisdiction over the same to
the exclusion of the MCTC.

Even as We squarely ruled on the concurrent

jurisdiction of the NCIP and the regular courts in Lim, this
Court likewise said: „We are quick to clarify herein that
even as we declare that in some instances the regular
courts may exercise jurisdiction over cases which involve
rights of ICCs/IPs, the governing law for these kinds of
disputes necessarily include the IPRA and the rights the
law bestows on ICCs/IPs.‰36
While the doctrine of concurrent jurisdiction means
equal jurisdiction to deal with the same subject matter, We
have

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34 Rollo,p. 45.
35 Id., at p. 87.
36 Supra note 1.

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consistently upheld the settled rule that the body or

agency that first takes cognizance of the complaint
shall exercise jurisdiction to the exclusion of the
others.37
Thus, assuming there is concurrent jurisdiction, „this
concurrence is not to be taken as an unrestrained
freedom to file the same case before both bodies or be
viewed as a contest between these bodies as to which will
first complete the investigation.‰38
In Department of Justice v. Liwag,39 Mary Ong initially
filed a complaint-affidavit before the Ombudsman, which
was acted upon forthwith. Two weeks later, she executed

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sworn statements before the National Bureau of

Investigation and the Department of Justice, alleging the
same facts and circumstances. We held that it was the
Ombudsman, before whom the complaint was initially
filed, that had the authority to proceed with the
preliminary investigation to the exclusion of the DOJ.
Thus:

The subsequent assumption of jurisdiction by the DOJ in the

conduct of preliminary investigation over the cases filed against the
respondents would not promote an orderly administration of
justice.

xxxx

To allow the same complaint to be filed successively before

two or more investigative bodies would promote multiplicity
of proceedings. It would also cause undue difficulties to the
respondent who would have to appear and defend his
position before every agency or body where the same

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37 Puse v. Delos Santos-Puse, G.R. No. 183678, 15 March 2010, 615

SCRA 500; Department of Justice v. Liwag,G.R. No. 149311, 11 February
2005, 451 SCRA 83; Carlos v. Angeles, G.R. No. 142907, 29 November
2000, 346 SCRA 571.
38 Id.
39 Department of Justice v. Liwag, id.

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Begnaen vs. Caligtan

complaint was filed. This would leave hapless litigants at a loss

as to where to appear and plead their cause or defense.

There is yet another undesirable consequence. There is the

distinct possibility that the two bodies exercising
jurisdiction at the same time would come up with
conflicting resolutions regarding the guilt of the respondents.

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Finally, the second investigation would entail an unnecessary

expenditure of public funds, and the use of valuable and limited
resources of Government, in a duplication of proceedings
already started with the Ombudsman. (Emphases supplied)

Similarly, in Office of the Ombudsman v. Rodriguez,40

We declared:

In administrative cases involving the concurrent

jurisdiction of two or more disciplining authorities, the
body in which the complaint is filed first, and which opts to
take cognizance of the case, acquires jurisdiction to the
exclusion of other tribunals exercising concurrent
jurisdiction. In this case, since the complaint was filed first in the
Ombudsman, and the Ombudsman opted to assume jurisdiction
over the complaint, the OmbudsmanÊs exercise of jurisdiction is to
the exclusion of the sangguniang bayan exercising concurrent
jurisdiction.

It is a hornbook rule that jurisdiction is a matter of law.

Jurisdiction, once acquired, is not lost upon the instance of the
parties but continues until the case is terminated. When herein
complainants first filed the complaint in the Ombudsman,
jurisdiction was already vested on the latter. Jurisdiction could no
longer be transferred to the sangguniang bayan by virtue of a
subsequent complaint filed by the same complainants. (Emphasis
supplied)

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40 G.R. No. 172700, 23 July 2010, 625 SCRA 299.

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It does not escape Our attention that petitioner-

appellant first invoked the NCIPÊs jurisdiction by filing
with the RHO his complaint against respondents for „Land
Dispute and Enforcement of Rights.‰ The initial filing of

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the instant case by petitioner-appellant before the NCIP-

RHO only showed that he fully recognized the NCIPÊs
jurisdiction over this case.41 However, when the Complaint
was dismissed without prejudice for failure of petitioner-
appellant to first bring the matter for settlement before the
Council of Elders as mandated by the IPRA,42 petitioner-
appellant took an altogether different route via the MCTC.
The dismissal was pursuant to Section 9, Rule IV of
NCIP Administrative Circular No. 1-03, which dictates that
„No case shall be brought before the RHO or the
Commission unless the parties have exhausted all
remedies provided for under customary laws.‰43 By doing
so, the NCIP-RHO did not divest itself of its jurisdiction
over the case; it merely required compliance with the
mandatory settlement proceedings. As aptly observed by
the MCTC, the case was dismissed „not on the issue of
jurisdiction as (the NCIP-RHO) has rightful jurisdiction
over it, but on the ground of noncompliance with a
condition sine qua non.‰44 However, instead of simply
complying with the RHO Order, petitioner-appellant filed a
forcible entry case, a complete deviation from customary
practice.
Finally, the IPRAÊs declaration of the primacy of
customary laws and practices in resolving disputes
between ICCs/IPs is no less significant:

SECTION 65. Primacy of Customary Laws and Practices.·When

disputes involve ICCs/IPs, customary lawsand practices shall
be used to resolve the dispute.

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41 Rollo, p. 30.
42 Id., at pp. 28-29.
43 Id., at p. 29.
44 Id., at p. 49.

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Under the foregoing discussions, We find that

jurisdiction remains vested in the NCIP-RHO as the first
agency to take cognizance over the case, to the exclusion of
the MCTC. We likewise declare petitioner-appellant
estopped from belatedly impugning the jurisdiction of the
NCIP-RHO after initiating a Complaint before it and
receiving an adverse ruling.

Petitioner-appellant is guilty
of forum shopping

Corollarily, and as already recognized by the MCTC in

the proceedings below,45 We find petitioner-appellant to
have engaged in the deplorable and docket-clogging
practice of forum shopping.46
On numerous occasions, this Court has held that „a
circumstance of forum shopping occurs when, as a result
or in anticipation of an adverse decision in one
forum, a party seeks a favorable opinion in another
forum through means other than appeal or certiorari
by raising identical causes of action, subject matter
and issues. Stated a bit differently, forum shopping is the
institution of two or more actions involving the same
parties for the same cause of action, either simultaneously
or successively, on the supposition that one or the other
court would come out with a favorable disposition.‰47
A perusal of the Complaint48 filed by petitioner-
appellant before the MCTC, four months after the NCIP-
RHO had dismissed his case without prejudice, reveals no
mention whatsoever of the initial NCIP-RHO proceedings.
Indeed, the per-

_______________

45 Id., at p. 50.
46 Brown-Araneta v. Araneta, G.R. No. 190814, 9 October 2013, 707
SCRA 222.
47 Id.; Stronghold Insurance Company, Inc. v. Stroem, G.R. No.
204689, 21 January 2015, 746 SCRA 598. (Emphasis supplied)
48 Supra note 10.

609

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tinent Verification and Certification49 of the said pleading

reads:

4. That I hereby certify that I have not commenced any other action
or proceeding involving the same issues in the Supreme Court,
Court of Appeals, or any other tribunal or agency and that no other
action is pending before the Supreme Court, Court of Appeals, or
any other tribunal or agency, and should I learn thereafter that a
similar action or proceeding had been filed or is pending before the
Supreme Court, Court of Appeals, or any other tribunal or agency, I
undertake to report the same within 5 days to the Honorable Court.

Clearly, the nondisclosure of the commencement of the

case for „Land Dispute and Enforcement of Rights‰
previously filed before the NCIP-RHO, constitutes a
violation of Section 5, Rule 7 of the Revised Rules of Court
against forum shopping:

Section  5.  Certification against forum shopping.·The plaintiff or

principal party shall certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously filed therewith:
(a) that he has not theretofore commenced any action or
filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of his
knowledge, no such other action or claim is pending therein; (b) if
there is such other pending action or claim, a complete statement of
the present status thereof; and (c) if he should thereafter learn that
the same or similar action or claim has been filed or is pending, he
shall report that fact within five (5) days therefrom to the court
wherein his aforesaid complaint or initiatory pleading has been
filed.

Failure to comply with the foregoing requirements shall not be

curable by mere amendment of the complaint or

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49 Id., at p. 55.

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other initiatory pleading but shall be cause for the dismissal of the
case without prejudice, unless otherwise provided, upon motion and
after hearing. The submission of a false certification or
noncompliance with any of the undertakings therein shall
constitute indirect contempt of court, without prejudice to
the corresponding administrative and criminal actions. If
the acts of the party or his counsel clearly constitute willful
and deliberate forum shopping, the same shall be ground for
summary dismissal with prejudice and shall constitute
direct contempt, as well as a cause for administrative
sanctions. (Emphases supplied)

As We held in Brown-Araneta v. Araneta,50 „(t)he evil

sought to be avoided by the rule against forum shopping is
the rendition by two competent tribunals of two separate
and contradictory decisions. Unscrupulous party-litigants,
taking advantage of a variety of competent tribunals, may
repeatedly try their luck in several different fora until a
favorable result is reached. To avoid the resultant
confusion, the Court adheres to the rules against forum
shopping, and a breach of these rules results in the
dismissal of the case.‰
The question as to whether such nondisclosure was
willful, deliberate, and ultimately contumacious, is yet to
be addressed in a proper proceeding. But for purposes of
the matter before Us, the falsity of such Verification and
Certification is further ground to uphold the MCTCÊs
dismissal of the Complaint, and ultimately, the dismissal of
the instant Petition.
WHEREFORE, the instant Petition for Review is
DENIED. The Decision of the CA in C.A.-G.R. S.P. No.
104150 is hereby AFFIRMED. The Decision dated 11
March 2008 and the Order dated 29 May 2008, both
rendered by the RTC of Bontoc, Mt. Province, are hereby
REVERSED AND SET ASIDE;

_______________

50 Supra note 46.

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and the Resolution of the MCTC of Bauko, Sabangan,

dated 6 August 2007 is REINSTATED.
SO ORDERED.

Leonardo-De Castro, Bersamin, Perlas-Bernabe and

Caguioa, JJ., concur.

Petition denied, judgment affirmed.

··o0o··

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