QuestionsQuestions (NCIP ADMINISTRATIVE ORDER NO. 1, S. 2002, JANUARY 28, 2002)
It aims to determine with finality the validity of Certificates of Ancestral Domain Title (CADT) and Certificates of Ancestral Land Title (CALT) that were approved by the first NCIP Commission but were neither registered with the Register of Deeds nor released to the claimants-owners before Feb. 23, 2001.
It applies only to ten (10) CADTs and six hundred five (605) CALTs approved by the first Commission during its incumbency, which were neither registered with the Register of Deeds nor released to the claimants-owners before the expiration of office on Feb. 23, 2001.
They are now in the custody of the Ancestral Domains Office (ADO) of the NCIP.
Defects in material facts and documents relative to the petition—where the fact is material if knowledge or ignorance of it would naturally influence the Commission’s judgment to grant or not grant the CADT or CALT.
It refers to grossly insufficient documents and evidence submitted in support of the petition such that the necessary facts cannot be established.
A false representation of fact, made with knowledge of its falsehood or recklessly without belief in its truth, intended to induce the Commission to act, and actually inducing such action. Failure to disclose facts when there is a duty to reveal them constitutes fraud.
Physical or moral strength applied to cause the signing of the CADT/CALT to overcome opposition.
It consists of causing or creating fear in the person’s mind or mental distress due to risk of imminent and grave evil, really or imaginatively—where one party is compelled by a reasonable and well-grounded fear to give consent.
A false representation of a material fact by the applicant to the Commission, tending directly to induce approval when otherwise the Commission might not have approved.
The Chairperson creates a Special Committee to direct and supervise review and verification of the specified CADTs/CALTs, examine and evaluate evidence, coordinate with relevant offices/agencies, ensure record integrity, and submit reports to the Commission.
It is under the direct supervision and control of the Office of the Chairperson of the NCIP, and it conducts review in coordination with the Commissioner representing the concerned ethnographic region.
Documents on file with the NCIP and/or original files or certified Xerox copies from the DENR, or the original duplicate copies may be used.
It should cause ocular inspection, verification of survey monuments, verification of identity of rightful claimants-owners, then prepare the CADT/CALT using the new form and submit it to the Commission for approval and signature.
The Committee shall first require claimant-owners to comply with the requirements before proceeding under Section 7(a).
The application is returned to the ADO for completion of survey-related steps (execution of survey, verification and approval of survey returns, and publication), after which ADO endorses it back for preparation and submission for Commission approval.
If the domain/land is entirely or partially involved in unresolved protest or boundary conflict and due process/conflict resolution was not observed earlier, the application is returned to the ADO for proper resolution under applicable guidelines (conversion or new application). If protestants are estopped, defaulted, or negligent, no protest is entertained and the Committee proceeds.
The application is recommended for revocation with due notice to the claimant. The claimant may file a motion for reconsideration, explanation, position paper, or brief within 15 days from receipt, and has the right to be heard.
The Committee recommends revocation or rejection. The Commission must notify the claimant in writing of reasons, and the claimant may exercise the right to be heard as prescribed in Section 7(e).
If the ancestral domain/land is included in NCIP compliance with the SONA pledge or special projects, expenses are charged to those project funds; otherwise, it is funded under the regular NCIP-ADO program.
Fifteen (15) days from the date of filing with the University of the Philippines Law Center as required by Section 4 of Executive Order No. 292.