QuestionsQuestions (PROCLAMATION NO. 505)
The Memorandum Order cites the Constitution as the policy mandate to protect ICCs/IPs’ rights and economic well-being, and specifically invokes Republic Act No. 8371 (Indigenous Peoples’ Rights Act) as recognizing rights to ancestral domains.
A CADT is a title formally recognizing ICCs/IPs’ rights over their ancestral domains and is registered with the Register of Deeds where the property is situated.
Presidential Decree No. 1529 (Property Registration Decree) is cited as the governing law that requires registered owners to contribute to the Assurance Fund.
PD 1529 requires registered owners to contribute to the Assurance Fund, defined as one-fourth of one percent (0.25%) of the assessed value of the real estate based on the last assessment for taxation purposes.
It is used to answer for claims of a person who, without negligence on his part, sustains loss or damage, or is deprived of land or any estate or interest as a consequence of bringing the land under the Torrens system.
Because CADTs are not titled under the Torrens system of land registration; therefore, they are not within the ambit of PD 1529’s mandatory Assurance Fund contribution requirement.
The Land Registration Authority is directed not to impose contributions to the Assurance Fund from CADT applicants.
It repeals, amends, or modifies only those issuances, rules, regulations, or parts thereof that are inconsistent with the Memorandum Order.
It takes effect immediately.
It is the key legal rationale: since the Assurance Fund contribution in PD 1529 is tied to lands brought under the Torrens system, and CADTs are outside that system, the mandatory contribution does not apply.
CADTs are registered with the Register of Deeds where the property is situated.
CADT applicants are exempt from paying Assurance Fund contributions because CADTs are not Torrens titles covered by PD 1529’s mandatory contribution rule.
The policy concern is the protection of ICCs/IPs’ rights to ancestral lands and their economic well-being, ensuring that registration requirements do not impose burdens inconsistent with that protection.