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Land Titles Issued by the NCIP (pursuant to IPRA)

They are:

1. Certificate of Ancestral Domain Title, and 2. Certificate of Ancestral Land Title

I. Certificate of Ancestral Domain Title (CADT)

-refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with the IPRA.

Applicable to land continuously occupied, owned, possessed since time immemorial by IPs and ICCs (native to the area where land is located).

IPs and ICCs should be Filipino citizens.

Territories included :

a. Land 1. Alienable or not 2. Utilized as:

a. ancestral land b. forest c. pasture land d. residential land e. agricultural land f. hunting ground g. burial grounds h. worship areas i. mineral lands j. home ranges of nomadic tribes

b. Inland waters c. Coastal areas d. Natural resources

CADT not applicable: 1. Territories not traditionally occupied by ICCs/IPs; 2. Territories where ICCs/IPs do not have traditional access for subsistence and traditional

activities.

II. Certificate of Ancestral Land Title (CALT)

-refers to a title formally recognizing the ownership rights of ICCs/IPs over their ancestral lands.

Applicable in land continuously occupied, possessed and utilized since time immemorial by individuals, families or clans who are members of ICCs/IPs under a claim of individual or traditional group ownership.

ICC/IP applicants must be Filipino citizens and are native to the land subject to application.

For non-native (migrant IPs): additional requirement of 30 years continuous possession prior to the effectivity of the IPRA law.

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CALT not applicable:

1. Lands located in areas not traditionally occupied by IPs/ICCs. 2. Land with territories traditionally occupied by IPs/ICCs but are now occupied by other individuals

whose property rights existed or vested before the enactment of the IPRA law.

PROCEDURES and REQUIREMENTS for the issuance of CADT/CALT

1. Filing of Application/Petition *Petition should be: a. Duly notarized b. Filed by the authorized elder or representative with the nearest:

b.1 NCIP Community Service Center (CSC) b.2 Provincial Office (PO) b.3 or Regional Office (RO)

*Petition should contain:

a. Name/s of applicant/s b. Tribe or ethno-linguistic group c. specific location/coverage of the AL/AD

d. General information of the land/domain applied for including its estimated area; e. Signature/s or thumb-mark/s of applicant or duly authorized representatives of the

clan/family/individual or community.

Document Needed

CADT CALT

Notarized Letter/Resolution of Intent signed by the majority of the traditional council of elders/leaders

Notarized Letter/Resolution of Intent signed by the ICC/IP applicant

Statement that the application was a community decision arrived at in accordance with customary processes

Statement that subject area is his/her ancestral domain since time immemorial

Statement that subject area is their ancestral domain since time immemorial .

If there are co-owners and their presence is apparent, their verified conformity should be presented.

If application is to be accomplished by a representative of the actual applicant, a special power of attorney should be presented.

2. Initial Review and Evaluation Community or Provincial Delineation Team shall review application. If found sufficient, CDT or PDT shall transmit application to the Director of Lands and DENR via registered mail with return card. If insufficient, applicant shall be required to provide further proofs.

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3. Preparation of Work and Financial Plan Work and Financial Plan shall be prepared by CDT or PDT upon finding that application is sufficient. Stipulated in the WFP are the participation, undertaking, and/or counterparts and other agreements of the concerned community, partner NGO/s, LGU/s, and other agencies. WFP shall contain: a. Name/s of party/ies b. Date of preparation c. Specific location of the project d. Approximate total of Ancestral land/domain area e. Estimated total IP population/right holders f. Ethnic group/s living in the area g. Kind of application h. Brief description of the landscape area i. Status of the accomplished activities if any j. Total amount needed to complete the project k. Initial amount already expended, if any l. Source of funds m. Specific activities and timeframe for its accomplishment n. Physical output indicator for each activity o. Name, address and contact number(s) of contact person(s) of participating LGU, NGO, IPO

or any support group, if any p. Specific activities clearly indicating the counterparts of the partner LGU, NGO, IPO or any

support group, if any q. Such other undertakings or agreements of the parties.

4. Notification of Delineation Activities to Stakeholders

Notice of Delineation Activities (activities to be undertaken by CDT or PDT) shall be given to stakeholders like: a. Applicant b. Adjacent communities/owners c. Director of Lands d. Gov’t agencies claiming jurisdiction over the area, if any e. Concerned LGUs

**For CALT: Notice should be given at least 5 days before delineation activity. **For CADT: Notice should be given at least 15 days before delineation.

5. Community Wide IEC (Info, Educ’n, Consult’n) Salient features of IPRA law, i.e. communal ownership, cultural integrity etc. are discussed with applicants and all those concerned.

6. Validation of the List of Elders/Leaders or Authorized Reps. PDT/CDT shall do research to confirm list.

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7. Data Gathering and Documentation PDT/CDT shall assist ICCs/IPs in gathering the testimony of elders, historical accounts, genealogical data, census of population, preparation on the indicative map and other secondary data.

8. Ocular Inspection For details and extent of the land to be determined. Conducted by CDT/PDT with the elders.

9. Resolution of Conflicts/Disputes In case of dispute, customary law shall be preferred. PDT/CDT shall assist parties into a MOA should agreement be reached. If no agreement is reached, the application shall be suspended.

10. Validation of Proofs Documents and other proofs shall be validated in an assembly facilitated by the PDT.

11. Preparation of Social Preparation Accomplishment Report (SPAR) for Issuance of Work Order/Survey Authority

PDT/CDT shall prepare the SPAR which is a summary of all its activities conducted in the delineation. This is submitted to the Regional Review Body (RRB).

After review of the SPAR by the RRB, the Regional Director shall endorse the same to the Ancestral Domains Office Director for the issuance of Work Order or Survey Authority as the case may be.

12. Commencement of Survey Activities The Regional Director, within 15 working days from receipt of the Work Oder/Survey Authority (from ADO), shall direct the commencement and completion of survey activities.

13. Survey Returns; Initial Verification and Projection To be submitted to the ADO. ADO shall cause the correction of any technical defect. Then presented to the applicant for validation.

14. Community/Applicant Survey Plan Validation CDT/PDT shall present survey plan to applicant. Applicant/community or duly authorized representative shall affix signature to signify conformity.

15. Notice and Publication of CADT/CALT Application (follow provision of Section 52, IPRA) Initiated by PDT/CDT. **Publication is required in the following cases (CADC/CALC): a. When there was no actual ground survey b. When there was a ground survey but the same was not published c. There was a defective survey d. There is an increase in the total land area

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e. There is a change of location/coverage NOTE: CADCs & CALCs are just merely recognized claims of ownership provided to IPs prior to IPRA. CADC and CALC holders may still apply for CALT/CADT without going through the entire process under IPRA. Publication may appraise anyone who has a valid ground to oppose. Opposition may be raised in any of these instances: a. Adverse claim b. Fraudulent/False application c. Area being claimed is not an ancestral domain/land d. Area being claimed encroaches into a nearby ancestral domain/land

**Any unresolved dispute arising from the above shall be elevated before the Regional Director. The PDT/CDT shall elevate so within 30 days from determination that diligent effort has failed to resolve dispute.

16. Approval of the Survey Plan ADO does the approving. NCIP engineers et al must conform with ADO guidelines.

17. Preparation of Recognition Book An AL/AD Recognition Book shall be prepared by PDT/CDT containing the final report of the PDT/CDT, RRD report, Conflict resolution report, and the endorsement by RD or ADO based on RRB report. **The book shall have 8 copies (1 original, 7 duplicates). **PDT/CDT shall submit its final report to the RRB w/in 15 days from last day of publication. If no submission was made, application will be in abeyance.

18. Review by the RRB (Regional Review Body) RRB has 20 days from receipt of final report from CDT/PDT to prepare and submit its own report to the RD.

19. Endorsement by the Regional Director RD’s report shall be based on RRB report. RD shall act accordingly. If RD requires additional evidence, he shall issue a memorandum. If not, he shall prepare his endorsement to form part of the Recognition Book. Then have the book be transmitted to ADO.

20. Review by the ADO (Ancestral Domains Office) a. ADO has 15 days from receipt of RD endorsement to review same. b. If satisfied, ADO must require CDT/PDT to provide 7 duplicates of the Book. If not satisfied,

require additional evidence. c. ADO has another 15 days from receipt of duplicates to endorse the application to the

Commission (NCIP) for deliberation d. Notice must be served to the RD, PO/CDO, DL et al, of the deliberation at least 15 days

before the scheduled date of deliberation.

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21. Deliberation by the Commission (by Division and En Banc) Deliberations shall consist of 3 readings. 1

st and 2

nd reading shall be conducted by the

Commission sitting in Division. 3

rd reading may be en banc if corresponding division endorses so.

After 3

rd reading, Commission shall issue its final disposition.

22. Preparation and Signing of CADT/CALT

If Commission came up with a favorable resolution, ADO shall prepare the title (CADT/CALT) duly reviewed by the Legal Affairs Office before submission to the Commission for signing. If Commission denied application, ADO shall, within 5 days from receipt of said resolution, notify the applicant’s of such denial. Copy of the Resolution shall be given to the applicant as well remedies available to the applicant.

23. Registration of CADT/CALT ADO through PO/CDO shall assist owners in the registration of their title before the local Register of Deeds. For CADT: Owner bears registration fee except Assurance Fund premium. For CALT: Owner bears all fees including Assurance Fund premium.

24. Awarding of CADT/CALT

Done after registration by the NCIP. Certification is subsequently sent to LMS-DENR for records purposes.

FAQs

What are the legal bases for the enactment of the IPRA?

The legal bases are International Treaties and Conventions (ILO Convention 169 & the UN Draft of the Rights of indigenous Peoples), the express mandates of the 1987 Constitution:

Sec 22, Article II:

The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Sec 5, Article XII;

The State, subject to the provisions of this Constitution, and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.

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Sec 6, Article XIII

The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

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Sec 17, Article XIV

The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

IPs/ICCs defined:

A group of people sharing common bonds of language, customs, traditions, and other distinctive cultural traits, and who have, under the claims of ownership since time immemorial, occupied, possessed and utilized a territory.

Native Title

This recognizes that ICCs/IPs are the private owners of areas and territories that they have possessed, occupied, and utilized since time immemorial and as such, have never been part of the public domain.

Rights included:

1. Ancestral Domain Owners a. Right of ownership b. Right to develop and manage lands and natural resources c. Right to stay in territories d. Right in case of displacement e. Right to regulate entry of migrants f. Right to claim reservations g. Right to safe and clean air and water h. Right to resolve conflicts through customary law.

2. Ancestral Land Owners

a. Right to transfer ancestral lands (within members of the same ICCs/IPs and pursuant to customary law)

b. Right to redeem ancestral lands lost through vitiated consent.

Responsibilities of IPs over AD/AL

a. To protect flora, fauna, watershed areas and other reserves within the domains to preserve and maintain ecology therein.

b. To actively initiate, or undertake and participate in reforestation of denuded areas and to participate in other development projects and programs subject to just and reasonable remuneration.

c. To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation.

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Are there ancestral lands outside ancestral domains? (AL vs AD)

Yes. This situation is the result of past encroachment by non-IPs into formerly intact domains of some ICCs/IPs. This resulted to scattered ALs. This case is prevalent in IP territories that are now highly urbanized.

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