Article 140p. 140

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

community/ancestral

domain

program

prior

to

the

enactment of his law. ICCs/IPs enactment of this law

shall have the right to apply for the issuance of a

Certificate of Ancestral Domain Title (CADT) over the

area

without

going

through

the

process

outlined

hereunder;

b. Petition for Delineation - The process of delineating a

specific perimeter may be initiated by the NCIP with the

consent of the ICC/IP concerned, or through a Petition

for Delineation filed with the NCIP, by a majority of the

members of the ICCs/IPs;

c. Delineation Paper - The official delineation of ancestral

domain boundaries including census of all community

members therein, shall be immediately undertaken by

the

Ancestral

Domains

Office

upon

filing

of

the

application by the ICCs/IPs concerned. Delineation will

be done in coordination with the community concerned

and shall at all times include genuine involvement and

participation

by

the

members

of

the

communities

concerned;

d. Proof required - Proof of Ancestral Domain Claims

shall include the testimony of elders or community

under oath, and other documents directly or indirectly

attesting to the possession or occupation of the area

since time immemorial by such ICCs/IPs in the concept

of owners which shall be any one (1) of the following

authentic documents:

1.

Written

accounts

of

the

ICCs/IPs

customs

and

traditions;

2. Written accounts of the ICCs/IPs political structure and

institution;

3. Pictures showing long term occupation such as those

of old improvements, burial grounds, sacred places and

old villages;

4. Historical accounts, including pacts and agreements

concerning boundaries entered into by the ICCs/IPs

concerned with other ICCs/IPs;

5. Survey plans and sketch maps;

6. Anthropological data;

7. Genealogical surveys;

8.

Pictures

and

descriptive

histories

of

traditional

communal forests and hunting grounds;

9.

Pictures

and

descriptive

histories

of

traditional

landmarks such as mountains, rivers, creeks, ridges, hills,

terraces and the like; and

10. Write-ups of names and places derived from the

native dialect of the community.

e.

Preparation

of

Maps

-

On

the

basis

of

such

investigation and the findings of fact based thereon, the

Ancestral Domains Office of the NCIP shall prepare a

perimeter map, complete with technical descriptions,

and a description of the natural features and landmarks

embraced therein;

f. Report of Investigation and Other Documents - A

complete copy of the preliminary census and a report of

investigation,

shall

be

prepared

by

the

Ancestral

Domains Office of the NCIP;

g. Notice and Publication - A copy of each document,

including a translation in the native language of the

ICCs/IPs concerned shall be posted in a prominent place

therein for at least fifteen (15) days. A copy of the

document shall also be posted at the local, provincial

and regional offices of the NCIP, and shall be published

in a newspaper of general circulation once a week for

two (2) consecutive weeks to allow other claimants to file

opposition thereto within fifteen (15) days from the date

of such publication: Provided, That in areas where no

such newspaper exists, broadcasting in a radio station

will be a valid substitute: Provided, further, That mere

posting shall be deemed sufficient if both newspaper

and radio station are not available;

h. Endorsement to NCIP - Within fifteen (15) days from

publication, and of the inspection process, the Ancestral

Domains Office shall prepare a report to the NCIP

endorsing

a

favorable

action upon a claim that is

deemed to have sufficient proof. However, if the proof is

deemed insufficient, the Ancestral Domains Office shall

require the submission of additional evidence: Provided,

That the Ancestral Domains Office shall reject any claim

that

is

deemed

patently

false

or

fraudulent

after

inspection and verification: Provided, further, That in

case of rejection, the Ancestral Domains Office shall give

the applicant due notice, copy furnished all concerned,

containing the grounds for denial. The denial shall be

appealable to the NCIP: Provided, furthermore, That in

cases where there are conflicting claims, the Ancestral

Domains Office shall cause the contending parties to

meet and assist them in coming up with a preliminary

resolution of the conflict, without prejudice to its full

adjudication according to the selection below.

i. Turnover of Areas Within Ancestral Domains Managed

by Other Government Agencies - The Chairperson of the

NCIP shall certify that the area covered is an ancestral

domain. The secretaries of the Department of Agrarian

Reform,

Department

of

Environment

and

Natural

Resources,

Department

of

the

Interior

and

Local

Government,

and

Department

of

Justice,

the

Commissioner of the National Development Corporation,

and any other government agency claiming jurisdiction

over the area shall be notified thereof. Such notification

shall

terminate

any

legal

basis

for

the

jurisdiction

previously claimed;

j. Issuance of CADT - ICCs/IPs whose ancestral domains

have been officially delineated and determined by the

NCIP

shall be issued a CADT in the name of the

community concerned, containing a list of all those

identified in the census; and

k. Registration of CADTs - The NCIP shall register issued

certificates of ancestral domain titles and certificates of

ancestral lands titles before the Register of Deeds in the

place where the property is situated.

➔

See Revised Guidelines on Conversion

here

Section 53. Identification, Delineation and Certification

of Ancestral Lands. -

a. The allocation of lands within any ancestral domain to

individual

or

indigenous

corporate

(family

or

clan)

claimants shall be left to the ICCs/IPs concerned to

decide in accordance with customs and traditions;

b. Individual and indigenous corporate claimants of

ancestral lands which are not within ancestral domains,

may have their claims officially established by filing

applications for the identification and delineation of

their claims with the Ancestral Domains Office. An

individual or recognized head of a family or clan may file

such application in his behalf or in behalf of his family or

clan, respectively;

c. Proofs of such claims shall accompany the application

form which shall include the testimony under oath of

elders of the community and other documents directly

or indirectly attesting to the possession or occupation of

the areas since time immemorial by the individual or

corporate claimants in the concept of owners which

© 2018 Compiled by RGL

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