Section 17Sec./Art. 17

Tenured Migrants. - Whenever practicable, tenured migrant communities of more than five (5) households occupying contiguous lots shall be provided tenurial rights over their current habitation sites. However, if despite the foregoing, these areas are subsequently identified as crucial for conservation, tenured migrants shall, after due consultation, be offered alternative sites within the appropriate zones or buffer zones with preference over non-tenured migrants: Provided, That provisions for their transfer shall be undertaken using humanitarian considerations including payment of compensation, providing tenure to alternative land and facilities of equivalent standard, and other measures to reach agreement with the affected tenured migrants.

In all other cases, the grant of tenurial rights must take into account the need to promote clustering and to avoid unnecessary displacement. In areas where tenurial instruments are granted, appropriate use zones shall be established for the purpose of maintaining non-commercial livelihood activities.

Lands used as homelots or farmlots shall preferably be held by individual household. Lands currently used on a communal basis shall not be held individually.

Tenurial instruments shall not be issued solely on the basis of tax declaration receipts but must be supported by indisputable evidence of permanent land-use from five (5) years before 10 March 1997, such as:

(a)Cultivated trees at their fruit-bearing stage;

(b)Physical structures in the area indicating prolonged occupancy;

(c)Certification from the barangay captain or any two (2) respected members of the nearest community attesting to occupancy; and

(d)Other relevant data (e.g. previous census reports) that may be accepted by the PAMB.

Existing land title instruments shall be reviewed by the PASu and endorsed by the PAMB to the DENR regional office for validation or reversion.

All persons who fail to qualify as tenured migrants including transient farmers shall be allowed to gather and collect whatever they have planted within five (5) years from the effectivity of this Act. Any transfer of non-tenured migrants from the NSMNP shall be undertaken using humanitarian considerations.