Question & AnswerQ&A (NCIP Administrative Order No. 01, s. 2015)
The policy of the State is to recognize and promote the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), particularly the right of ownership of ancestral lands regarded as their private property by custom and long association.
Individual members of ICCs/IPs have the option to secure land title under Commonwealth Act 141 (Public Land Act), as amended.
Ancestral Land refers to land occupied, possessed, and utilized by individual members, families, or clans of ICCs/IPs since time immemorial, regarded as their own property, including residential lots, rice terraces, private forests, swidden farms, and tree lots, subject to existing property rights.
Ancestral Domain includes all areas belonging to ICCs/IPs such as lands, inland waters, coastal areas, and natural resources communally or individually held since time immemorial. This includes ancestral lands, forests, pasture, hunting grounds, burial and worship areas, bodies of water, minerals, and other natural resources.
Migrants are ICCs/IPs who relocate or resettle to other ancestral domains claimed by other indigenous groups due to work, better living conditions, or economic reasons.
The maximum aggregate area that may be covered by the applicant for ancestral land title is four (4) hectares.
Excluded lands are ancestral lands within ancestral domains with CADTs, lands with approved CALTs, areas covered by traditional agreements observed by ICCs/IPs in Mindanao, lands held by migrants, and lands not used for agricultural, residential, pasture, or tree farming purposes.
Individual applicants must secure the written consent of their surviving parents and brothers and sisters.
An individual, family, or clan member of ICCs/IPs files a verified application with the concerned NCIP Provincial Office or Community Service Center, pays a Php500 filing fee, and indicates the intention to secure title under Section 12 of R.A. 8371.
The applicant will be directed to submit additional proofs. If they fail to comply, no further action will be taken on the application.
The NCIP will issue a resolution with its findings and final disposition and notify the applicant of the resolution.
Traditional Agreements refer to recognized practices or arrangements in ICCs/IPs governing use, access, control, and management of lands and resources in ancestral domains, which are binding due to their reliability and long practice.
'Time immemorial' means a period as far back as memory can go when ICCs/IPs are known to have occupied, possessed, and utilized a defined territory according to their customs and traditions.
They apply to individually-owned ancestral lands continuously possessed and occupied by individual ICC/IP members or their predecessors-in-interest since time immemorial.
The Order takes effect fifteen (15) days after registration with the Office of the National Administrative Register and publication in a newspaper of national circulation.