Legal basis and coverage limitations
- The guidelines are promulgated pursuant to Sections 44 (e), 51, 52, 53 and 54 of Republic Act No. 8371 (the Indigenous Peoples Rights Act of 1997).
- These guidelines govern the determination of the final validity of Certificates of Ancestral Domain Title (CADT) and Certificates of Ancestral Land Title (CALT) approved by the first NCIP Commission en banc.
- Coverage is limited to only ten (10) CADTs and six hundred five (605) CALTs approved during the first Commission’s incumbency that were neither registered with the Register of Deeds nor released to the claimants-owners before the expiration of their term of office on February 23, 2001.
- These covered CADTs and CALTs are under the custody of the Ancestral Domains Office (ADO) of the NCIP.
Objective of review and verification
- The guidelines require a review and verification process to determine the final validity of the covered CADTs and CALTs.
- The objective is achieved by examining the documentary basis of the earlier approvals and by applying prescribed actions depending on the nature of defects, omissions, and conflicts.
Defined terms governing standards
- The term “Commission” refers to the National Commission on Indigenous Peoples.
- “Material defects” refer to defects in material facts and documents relative to the petition; a fact is material if knowledge or ignorance of it would naturally influence the Commission’s judgment on whether the CADT or CALT will be granted.
- “Infirmity” refers to grossly insufficient documents and evidences submitted to support the petition for issuance of CADT or CALT such that they cannot establish the necessary facts.
- “Fraud” means a false representation of fact made with knowledge of falsity, or recklessly without belief in its truth, intended to be acted upon by the Commission and actually inducing action; failure to disclose facts when there is a duty to reveal them constitutes fraud.
- “Force” exists when physical or moral strength is applied to cause signing of the CADT or CALT to overcome opposition.
- “Intimidation” consists of causing or creating fear or mental distress based on risk or evil, whether real or imagined; intimidation exists when consent is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon person or property.
- “Misrepresentation” is a false representation of a material fact by the applicant tending directly to induce Commission approval, when otherwise the Commission might not approve the petition at all.
Special Committee powers and oversight
- The Chairperson creates a Special Committee on Review and Verification.
- The Special Committee must direct and supervise the review and verification of the covered CADTs and CALTs.
- The Special Committee must examine and evaluate documentary evidence supporting each petition for issuance of CALT or CADT and recommend appropriate action to the Commission.
- The Special Committee must coordinate with the Ancestral Domains Office, regional and field offices of the NCIP, and other government agencies.
- The Special Committee must devise or adopt, in coordination with the ADO, a system for handling records of these CADTs and CALTs that ensures safety and integrity.
- The Special Committee must submit periodic reports or other reports as required by the Commission, and must submit a terminal report at the conclusion of its task.
- The Special Committee operates under the direct supervision and control of the Office of the Chairperson, and must conduct review and verification in coordination and consultation with the Commissioner representing the concerned ethnographic region.
Review and verification procedure and documentary basis
- The review process requires a thorough examination and review of the documents supporting each CADT or CALT and serving as the basis of the earlier approval.
- The committee may use documents on file with the NCIP and/or the original file or certified Xerox copy from the DENR, and/or the original duplicate copy.
Substantive findings and required actions
- When a CADT or CALT appears regular in form and content and is supported by complete and substantial documentation, including:
- required proofs,
- updated census of claimants-owners,
- proof of fact of publication,
- an approved survey plan, and
- other requirements,
and there are no pending protests or unresolved conflicts, the committee must: - cause ocular inspection,
- verify survey monuments, and
- verify the identity of rightful claimants-owners named in the CADT or CALT,
then prepare the CADT or CALT using a new form and submit it to the Commission for approval and signature.
- When a CADT or CALT lacks certain requirements that are not material nor substantial, the committee must first require the claimant-owner to comply with the requirements before proceeding under the regular findings process.
- When a CADT or CALT lacks an approved survey plan, the application must be returned to the Ancestral Domains Office (ADO) for completion of the process that includes:
- execution of the survey,
- verification and approval of survey returns, and
- publication;
thereafter, the ADO must endorse the completed matter to the committee for preparation and submission for Commission approval and signature.
- When a CADT or CALT covers an ancestral domain/land that is entirely or partially involved in an unresolved protest or boundary conflict, the application must be returned to the ADO for proper resolution under the applicable guidelines on conversion or new application, if the earlier conflict state did not observe the proper conflict-resolution or due process procedure.
- If the protestants are estopped, or had defaulted, or had been negligent in asserting their rights, no protest shall be entertained, and the committee must proceed under the applicable rules.
- When a CADT or CALT has material defects or infirmities, including absence of required proofs, inability to determine identity of ancestral domain/land, or questionable or doubtful identity of claimants, the committee must recommend to the Commission revocation, subject to:
- due notice to the claimant; and
- advice to re-apply.
- The claimant has the right to be heard by filing with the Commission within fifteen (15) days from receipt of notice a motion for reconsideration, explanation, position paper, or any brief.
- When a CADT or CALT was secured through fraud, force, intimidation, misrepresentation, or financial inducement, the committee must recommend revocation or rejection to the Commission.
- The Commission must notify the claimant in writing of the reasons for revocation or rejection.
- The claimant may exercise the right to be heard in accordance with the rule on hearing in cases of material defects or infirmities.
Funding source rules
- Where the ancestral domain/land covered by the CADT or CALT under review and verification is included in the NCIP compliance with the SONA Pledge of her Excellency President Gloria Macapagal-Arroyo or under any special project, all expenses must be charged to funds for those projects.
- Otherwise, funding must be charged under the regular NCIP-ADO program.
Separability, repealing, and effect of invalid provisions
- If any clause, sentence, section, provision, or portion is declared unconstitutional or invalid by a competent court, the remaining sections or provisions unaffected continue in full force and effect (separability clause).
- All administrative orders, memoranda, circulars, special orders, office orders, or other issuances inconsistent with these guidelines are repealed or modified accordingly (repealing clause).