Article 141p. 141

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

shall be any of the authentic documents enumerated

under Sec. 52 (d) of this act, including tax declarations

and proofs of payment of taxes;

d. The Ancestral Domains Office may require from each

ancestral

claimant

the

submission

of

such

other

documents, Sworn Statements and the like, which in its

opinion, may shed light on the veracity of the contents of

the application/claim;

e. Upon receipt of the applications for delineation and

recognition

of

ancestral

land

claims,

the

Ancestral

Domains

Office

shall

cause

the

publication of the

application and a copy of each document submitted

including a translation in the native language of the

ICCs/IPs concerned 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 newspapers and radio station are not

available

f. Fifteen (15) days after such publication, the Ancestral

Domains

Office

shall

investigate

and

inspect

each

application, and if found to be meritorious, shall cause a

parcellary

survey

of

the

area

being

claimed.

The

Ancestral Domains office shall reject any claim that is

deemed patently false or fraudulent after inspection and

verification. 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. In case of

conflicting

claims

among

individual

or

indigenous

corporate claimants, 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

Sec.

62

of

this

Act.

In

all

proceedings

for

the

identification or delineation of the ancestral domains as

herein provided, the Director of Lands shall represent the

interest of the Republic of the Philippines; and

g.

The Ancestral Domains Office shall prepare and

submit a report on each and every application surveyed

and delineated to the NCIP, which shall, in turn, evaluate

or corporate (family or clan) claimant over ancestral

lands.

Section 54. Fraudulent Claims. - The Ancestral Domains

Office may, upon written request from the ICCs/IPs,

review existing claims which have been fraudulently

acquired by any person or community. Any claim found

to be fraudulently acquired by, and issued to, any person

or community may be cancelled by the NCIP after due

notice and hearing of all parties concerned.

Section 55. Communal Rights. - Subject to Section 56

hereof, areas within the ancestral domains, whether

delineated or not, shall be presumed to be communally

held: Provide, That communal rights under this Act shall

not

be

construed

as

co-ownership

as

provided

in

Republic Act. No. 386, otherwise known as the New Civil

Code.

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.

Section 57. Natural Resources within Ancestral Domains.

- The ICCs/IPs shall have the priority rights in the

harvesting, extraction, development or exploitation of

any natural resources within the ancestral domains. A

non-member of the ICCs/IPs concerned may be allowed

to take part in the development and utilization of the

natural

resources

for

a

period

of

not

exceeding

twenty-five (25) years renewable for not more than

twenty-five

(25)

years: Provided, That a formal and

written agreement is entered into with the ICCs/IPs

concerned or that the community, pursuant to its own

decision making process, has agreed to allow such

operation: Provided, finally, That the all extractions shall

be used to facilitate the development and improvement

of the ancestral domains.

Section 58. Environmental Consideration. - Ancestral

domains or portion thereof, which are found necessary

for critical watersheds, mangroves wildlife sanctuaries,

wilderness, protected areas, forest cover, or reforestation

as determined by the appropriate agencies with the full

participation

of

the

ICCs/IPs

concerned

shall

be

maintained, managed and developed for such purposes.

The ICCs/IPs concerned shall be given the responsibility

to maintain, develop, protect and conserve such areas

with the full and effective assistance of the government

agencies. Should the ICCs/IPs decide to transfer the

responsibility over the areas, said decision must be made

in writing. The consent of the ICCs/IPs should be arrived

at

in

accordance

with

its

customary

laws

without

prejudice to the basic requirement of the existing laws

on free and prior informed consent: Provided, That the

transfer shall be temporary and will ultimately revert to

the

ICCs/IPs

in

accordance

with

a

program

for

technology transfer: Provided, further, That no ICCs/IPs

shall

be

displaced

or

relocated

for

the

purpose

enumerated under this section without the written

consent

of

the specific persons authorized to give

consent.

Section 59. Certification Precondition. - all department

and other governmental agencies shall henceforth be

strictly enjoined from issuing, renewing, or granting any

concession,

license

or

lease,

or

entering

into

any

production-sharing

agreement,

without

prior

certification from the NCIP that the area affected does

not overlap with any ancestral domain. Such certificate

shall only be issued after a field-based investigation is

conducted by the Ancestral Domain Office of the area

concerned: Provided, That no certificate shall be issued

by the NCIP without the free and prior informed and

written consent of the ICCs/IPs concerned: Provided,

further, That no department, government agency or

government-owned or -controlled corporation may issue

new concession, license, lease, or production sharing

agreement while there is pending application CADT:

Provided, finally, That the ICCs/IPs shall have the right to

stop or suspend, in accordance with this Act, any project

that

has

not

satisfied

the

requirement

of

this

consultation process.

Section 60. Exemption from Taxes. - All lands certified to

be ancestral domains shall be exempt from real property

taxes, specially levies, and other forms of exaction except

such portion of the ancestral domains as are actually

used

for

large-scale

agriculture,

commercial

forest

plantation and residential purposes and upon titling by

other by private person: Provided, that all exactions shall

be used to facilitate the development and improvement

of the ancestral domains.

Section 61. Temporary Requisition Powers. - Prior to the

establishment

of

an institutional surveying capacity

whereby it can effectively fulfill its mandate, but in no

case beyond three (3) years after its creation, the NCIP is

hereby

authorized

to

request

the

Department

of

Environment

and

Natural

Resources

(DENR)

survey

teams as well as other equally capable private survey

teams, through a Memorandum of Agreement (MOA), to

delineate

ancestral

domain

perimeters.

The

DENR

Secretary shall accommodate any such request within

© 2018 Compiled by RGL

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