Section 8Sec./Art. 8

Ancestral Lands and Domains.- For purposes of this Act, the following shall govern ancestral lands and domains in the protected area:

a. The rights of the indigenous peoples to the ancestral domains are hereby fully recognized. Traditional property regimes exercised by the indigenous cultural communities in accordance with their customary laws shall govern the relationships of all individuals within their communities with respect to all land and resources found within ancestral lands.

b. An indigenous cultural community, through its representatives as provided in Section 3 herein may apply for Certificates of Ancestral Domain Title (CADT) as herein defined to be recorded in the same manner as Certificates of Title under the Property Registration Decree. Each CADT would contain documentation, if any, of the customary rights pertaining to the indigenous cultural community involved.

The Department shall make rules and regulations for the proper implementation of this section, which shall specify the kinds of evidence admissible to prove title, the process of documentation of the written and oral traditions for inclusion in the CADT and the recognition of customary leadership within the tribe:Provided,That such rules shall not, in any way, impair, diminish or effect a deprivation of the vested and customary rights of the community and its members:Provided, further,That the nondocumentation of these rights do not preclude their exercise under the law:Provided, finally,That there shall be no prescription for the exercise of these rights. For purposes of determining the existence of these rights in order to resolve conflicts, recourse to customs shall be given preference, with due consideration to the dynamism of culture.

c. Presumptions - The following presumptions shall govern, unless proven to be contrary to documented or oral custom by clear and convincing evidence in the proper administrative or judicial proceeding providing due hearing to all parties concerned:

i. All lands presently occupied by indigenous cultural communities since time immemorial shall be presumed to be ancestral lands.

ii. Rights and obligations within ancestral lands are presumed to be governed by customary law.

iii. Rights and obligations within ancestral lands governed by customary law are presumed to be held collectively by the community.

iv. Rights and obligations within ancestral lands proven to be held by individuals under customary law are presumed to be held in trust by such individuals for the whole community.

v. The continued practice of traditional and sustainable living shall be sufficient consideration for the State in place for the payment of taxes on ancestral domains. Real property taxes, however, shall accrue when there is a determination by the PAMB upon a petition by an interested party that the properties are commercially used and not in conformity with traditional and sustainable natural resource management practices.

Owing to differences in cultural and social worldview, the provisions of the Act shall be construed liberally in favor of indigenous cultural communities and their members.