Article 142p. 142

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

one

(1)

month

of

its

issuance:

Provided,

That

the

Memorandum

of

Agreement

shall

stipulate, among

others, a provision for technology transfer to the NCIP.

Section

62.

Resolution

of

Conflicts.

-

In

cases

of

conflicting interest, where there are adverse claims

within the ancestral domains as delineated in the survey

plan, and which cannot be resolved, the NCIP shall hear

and decide, after notice to the proper parties, the

disputes arising from the delineation of such ancestral

domains: Provided, That if the dispute is between and/or

among ICCs/IPs regarding the traditional boundaries of

their respective ancestral domains, customary process

shall

be

followed.

The

NCIP

shall

promulgate

the

necessary

rules

and

regulations

to

carry

out

its

adjudicatory functions: Provided, further, That in any

decision, order, award or ruling of the NCIP on any

ancestral domain dispute or on any matter pertaining to

the

application,

implementation,

enforcement

and

interpretation of this Act may be brought for Petition for

Review to the Court of Appeals within fifteen (15) days

from receipt of a copy thereof.

Section 63. Applicable Laws. - Customary laws, traditions

and practices of the ICCs/IPs of the land where the

conflict arises shall be applied first with respect to

property

rights,

claims

and

ownerships,

hereditary

succession and settlement of land disputes. Any doubt

or ambiguity in the application of laws shall be resolved

in favor of the ICCs/IPs.

Section 64. Remedial Measures. - Expropriation may be

resorted to in the resolution of conflicts of interest

following the principle of the "common good". The NCIP

shall take appropriate legal action for the cancellation of

officially

documented

titles

which

were

acquired

illegally: Provided, That such procedure shall ensure that

the rights of possessors in good faith shall be respected:

Provided, further, That the action for cancellation shall

be initiated within two (2) years from the effectivity of

this

Act:

Provided,

finally,

That

the

action

for

reconveyance shall be a period of ten (10) years in

accordance with existing laws.

CHAPTER

IX

JURISDICTION

AND

PROCEDURES

FOR

ENFORCEMENT

OF

RIGHTS

Section 65. Primary 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.

Section 67. Appeals to the Court of Appeals. - Decisions

of the NCIP shall be appealable to the Court of Appeals

by way of a petition for review.

Section 68. Execution of Decisions, Awards, Orders. -

Upon expiration of the period here provided and no

appeal is perfected by any of the contending parties, the

Hearing Officer of the NCIP, on its own initiative or upon

motion by the prevailing party, shall issue a writ of

execution requiring the sheriff or the proper officer to

execute final decisions, orders or awards of the Regional

Hearing Officer of the NCIP.

Section 69. Quasi-Judicial Powers of the NCIP. - The NCIP

shall have the power and authority:

a. To promulgate rules and regulations governing the

hearing and disposition of cases filed before it as well as

those pertaining to its internal functions and such rules

and regulations as may be necessary to carry out the

purposes of this Act;

b.

To

administer

oaths,

summon

the

parties

to

a

controversy, issue subpoenas requiring the attendance

and testimony of witnesses or the production of such

books, papers, contracts, records, agreements and other

document of similar nature as may be material to a just

determination

of

the matter under investigation or

hearing conducted in pursuance of this Act;

c. To hold any person in contempt, directly or indirectly,

and impose appropriate penalties therefor; and

d. To enjoin any or all acts involving or arising from any

case

pending

therefore

it

which,

if

not

restrained

forthwith, may cause grave or irreparable damage to any

of the parties to the case or seriously affect social or

economic activity.

Section

70.

No

restraining

Order

or

Preliminary

Injunction. - No inferior court of the Philippines shall

have the jurisdiction to issue any restraining order or writ

of preliminary injunction against the NCIP or any of its

duly

authorized

or

designated

offices

in any case,

dispute or controversy to, or interpretation of this Act

and

other

pertinent

laws

relating

to

ICCs/IPs

and

ancestral domains.

CHAPTER X ANCESTRAL DOMAINS FUND

Section 71. Ancestral Domains Fund. - There is hereby

created a special fund, to be known as the Ancestral

Domains Fund, an initial amount of the One Hundred

thirty

million

pesos(P130,000,000)

to

cover

compensation for expropriated lands, delineation and

development of ancestral domains. An amount of Fifty

million pesos (P50,000,000) shall be sourced from the

gross income of the Philippine Charity Sweepstakes

Office (PCSO) from its lotto operation, Ten millions pesos

(P10,000,000) from the gross receipts of the travel tax of

the preceding year, the fund of the Social Reform

Council intended for survey and delineation of ancestral

lands/domains,

and

such

other

source

as

the

government may be deem appropriate. Thereafter such

amount

shall

be

included

in

the

annual

General

Appropriations Act. Foreign as well as local funds which

are

made

available

for

the

ICCs/IPs

through

the

government of the Philippines shall be coursed through

the

NCIP.

The

NCIP

may

also

solicit

and

receive

donations, endowments shall be exempted from income

or gift taxes and all other taxes, charges or fees imposed

by

the

government

or

any

political

subdivision

or

instrumentality thereof.

CHAPTER XI PENALTIES

Section 72. Punishable Acts and Applicable Penalties. -

Any

person

who

commits

violation

of

any

of

the

provisions of this Act, such as, but not limited to,

authorized and/or unlawful intrusion upon any ancestral

lands or domains as stated in Sec. 10, Chapter III, or shall

commit

any

of

the

prohibited

acts

mentioned

in

Sections 21 and 24, Chapter V, Section 33, Chapter VI

hereof,

shall

be

punished

in

accordance

with

the

customary laws of the ICCs/IPs concerned: Provided,

That

no

such penalty shall be cruel, degrading or

inhuman punishment: Provided, further, That neither

shall the death penalty or excessive fines be imposed.

© 2018 Compiled by RGL

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