Administrative Order No. 2, S. 2002
Administrative Order No. 2, S. 2002
Administrative Order No. 2, S. 2002
I. PRELIMINARY PROVISIONS
c) Enable the registration of the CADTs and CALTs issued and awarded
with the Register of Deeds of the province in which the lands or
domains are situated to confirm and record the titles vested over
ancestral lands and domains pursuant to these Guidelines and the
pertinent provisions of the IPRA.
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b. Recognition of Original Claimants – the original claimants
indicated in the CADC/CALC shall continue to be recognized by the
Commission provided that they are authentic members of the
concerned ICC/IP community or family/clan concerned, without
prejudice of including in the list those who, under IPRA have the
right to make the claim but were previously omitted by
inadvertence or for lack of knowledge of the filing and
processing of the claim. In such case, their inclusion in the
list shall be made pursuant to the guideline set forth under
Section 16 below. In case an original CADC has been approved
under the name of an individual, family, clan, association or
organization, it shall be appropriately corrected to be named
after the claimant IP community in the specific location pursuant
to Rule VIII, Section 2, Par. (o) of the IRR.
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i. Policy on Survey and the Survey Manual. Upholding the principle
of Self-delineation and in deference to existing laws on surveys,
NCIP shall formulate and adopt its own policies on surveys that
would harmonize both concerns. The same shall be embodied in the
Survey Manual to be adopted by the Commission to govern the
validation of surveys already had or to be had. For this purpose,
the manual shall provide, among others, the procedure for the
correction of erroneous, irregular, incomplete surveys, or
defective surveys for want of authority. In no case shall the
policy of self-delineation be defeated by this operating principle
e) DAO No. 61- this refers to DENR Administrative Order No. 61,
series of 1991 that was promulgated to identify and delineate the
ancestral lands of indigenous cultural communities in the
province of Palawan.
f) Special Order No. 31 - this refers to DENR Special Order No. 31,
series of 1990 that was promulgated to identify and delineate the
ancestral lands and domains of indigenous cultural communities
within the City of Baguio and the rest of the Cordilleras.
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g) Certificate of Ancestral Domain/Land Claim (CADC/CALC) – refers
to the land tenure instrument issued by the DENR recognizing the
claim of indigenous cultural communities on land, resources and
rights thereon within a defined territory.
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Centers, Provincial and Regional Offices) under a Special Provincial
Task Force hereinafter created, shall conduct widespread and massive
information in all CADC/CALC areas covered by these guidelines.
2. Review and Field validation of CADC/ CALC. The NCIP, through the
ADO in collaboration with the Special Provincial Task Force will
conduct the necessary review and evaluation of the documents and
records supporting the CADC/CALC applied for conversion issued prior
to the enactment of RA 8371, and determine the correctness of the
delineation made and sufficiency and regularity of the process
undertaken through the process of field validation and
authentication.
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advance, that an information dissemination shall be conducted on such a
date and time and that their presence is required.
Section 10. Transfer of Records. The transfer of records from the DENR
to NCIP must be made official and documented to establish all the
necessary facts of the transfer made for purposes of accountability in
the custody of records.
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the Community Service Center or Provincial Office, the receiving
officer shall, within five (5) days from receipt thereof,
transmit to the NCIP Regional Office through the RAD Team, who in
turn, shall immediately transmit said application to ADO within
five (5) days from receipt thereof. No application shall be
transmitted without ensuring the complete and due execution of
the application form and the required attachments and supporting
documents. The following documents shall be attached to the
application form upon submission:
1. Genealogical surveys
2. Historical accounts
3. Write-ups of customs and traditions
4. Pictures of old
improvements such as trees, stone
walling, farms, rice fields, orchards,
monuments, houses and other old structures
5. Survey plans and/or
sketch maps
6. Ancient documents
7. Tax declaration and proofs of
payment of taxes
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For application of CADT issuance:
1. Genealogical surveys
2. Historical accounts
3. Write-ups of customs and traditions
4. Anthropological data
5. Written and oral testimonies under oath
of living witnesses
6. Written accounts of the indigenous
community’s political structure and
institutions or traditional structures of
indigenous social and government systems,
with names of recognized leaders
7. Pictures showing long term occupation
such as those of old improvements, burial
grounds and sacred places
8. Pictures and descriptive histories of
traditional communal forest and hunting
grounds
9. Pictures and descriptive histories of
traditional landmarks such as mountains,
rivers, creeks, ridges, hills and
terraces
10. Write-ups of names and places derived
from
the native dialect of the community
11. Survey plans and/or sketch maps
12. Ancient or Spanish documents
13. Other documents directly or indirectly
attesting
to the long term occupation of the
area which
show possession since time immemorial,
or
through their predecessors-in-
interest, in the
concept of owners and in accordance
with their
customs and traditions
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required by the applicable DENR directive/order that issued the
Certificate. If found complete, ADO shall immediately require the
Special Provincial Task Force concerned to conduct the field validation
for such application to be completed within the period of five (5)
consecutive days. If incomplete, the ADO, through the Provincial Office
concerned, shall require the applicant to complete the same within a
reasonable period of time, after which, field validation shall follow.
Evaluation of new CADC/CALC applications for conversion shall likewise
be had under the same consideration as stated above for pending
applications, but giving preference to the latter in the order of
review and evaluation.
Section 15. Field Validation. After review and evaluation, ADO shall
cause the field validation to be conducted by the Special Provincial
Task Force on site to effect the determination of correctness,
sufficiency and regularity of the process of delineation undertaken in
accordance with the applicable DENR directive/order. The NCIP
Provincial Officer shall notify the community through its Council of
Elders/Leaders, adjoining communities through their elders or leaders,
and other affected entities, five (5) days in advance, that a field
validation shall be conducted on such a date and time and that their
presence is required especially on the verification of the metes and
bounds thereof. The field validation shall give special emphasis on the
following:
d. Verify and ascertain on site the proofs and basis of the extent
of the claim on ground as contained in the records submitted and
applied for conversion by ICCs/IPs, whether the area applied for
conversion rightfully belongs to the claimant for purposes of
issuing the title.
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to be included in the list pursuant to IPRA, their names shall be
deleted from the list as recommended by the council of identified
leaders and/or elders, or in the case of CALCs, by the head of the
family/or clan. The exclusion shall be made only after those concerned
are duly notified in writing and given the opportunity to prove their
membership in a proceeding that will be had by the council or by the
head for the purpose.
Section 17. Survey Manual. The Commission shall promulgate its own
rules on surveys which shall be referred to as the Survey Manual that
would apply to all surveys of ancestral domains and lands for purposes
of these guideline and the survey required by the IRR of the IPRA. The
manual shall also set the procedure upon which errors of past surveys
of CALCs/CADCs applied for conversion maybe corrected. The operating
principle as stated in paragraph (h) of Section 6 above shall be
observed in the formulation of the Survey Manual.
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affected by the correction, the same shall be considered as a
case of boundary conflict and shall be disposed of in
accordance with the provision provided below for resolution of
boundary conflicts.
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a. In cases where boundary conflicts arising from the actual
ground survey of the domains cannot be resolved by the parties
themselves, the NCIP in accordance with the its own rules and
procedures, shall hear and decide, after notice to the proper
parties, the disputes arising from the actual ground survey. Such
decision shall be rendered within 30 days after receipt of the
last pleading.
Section 24. Action by the Commission en Banc. Within thirty (30) days
from receipt of the final report and the recommendation made by the
ADO, the Commission shall meet en banc to discuss the merits of the
CADC/CALC applied for conversion based on the report and the documents
accompanying the endorsement, and may either decide to approve or
disapprove the application for conversion, or return the report
together with its comments to the ADO, for further consideration. The
decision taken by the Commission for each application submitted by ADO
for consideration shall be embodied in a Resolution.
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concerned shall be reminded of their corresponding obligations and
responsibilities.
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would find out that no proper delineation was had (like community
consultations/census/proper documentation and production of proofs,
identification of the metes and bounds of ancestral domains and lands)
on the basis of the applicable delineating authority or directive, ADO
shall recommend to the Commission the re-delineation of the claim. If
decided by the Commission to be re-delineated, the ADO shall notify the
applicant thereof. The re-delineation shall be done following the
regular delineation process pursuant to Rule VIII of the IRR of the
IPRA.
VIII. FUNDS
Section 35. Approval of ADO Work and Financial Plan. ADO shall
prepare a Work and Financial Plan to be approved by the Commission in
accordance with the Policy Guidelines mentioned in the immediately
preceding paragraph.
X. FINAL PROVISIONS
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Section 38. Repealing Clause. This Administrative Order repeals NCIP
Memorandum Circular No. 1, Series of 1999. The provisions of other
Circulars, Memoranda, Administrative Orders, issued by this Commission,
inconsistent herewith or contrary to the provisions hereof are hereby
repealed or modified accordingly.
APPROVED.
EVELYN S. DUNUAN
Chairperson
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