Title
Guidelines on Access to Ancestral Domain Documents
Law
Ncip No. A-062, S. 2011 (memorandum No. Ado-og-09-2011-291)
Decision Date
Dec 2, 2011
The Policy Guidelines on Requests for Documents and/or Photocopies of Documents in the Possession and Custody of the Ancestral Domains Office (ADO) aims to regulate the access and reproduction of documents related to ancestral domains, ensuring the protection of sensitive information and preventing fraudulent use.
A

Transparency and Limitations on Access

  • Adheres to the principle of transparency per Implementing Rules and Regulations of the Indigenous Peoples Rights Act (IPRA), specifically Part V Section 1.
  • Allows reasonable limitations due to private ownership of certain documents by Indigenous Peoples (IPs) or Indigenous Cultural Communities (ICCs).
  • Requires free and informed consent from IPs/ICCs before releasing their documents.
  • Highlights risk of misuse, such as forgery or imitation of CADT, CALT, ADSDPP, or CP.

Document Categories and Conditions on Release

  • Original documents cannot be released; only certified or photocopies if original is on file.
  • CNOs are issued and validated by the regional office and ethnographic commissioner, ADO only copy-furnished.
  • Only registered and approved documents and their supporting papers may be photocopied.
  • Unregistered or incomplete documents and plans not officially accepted by ADO are disallowed from reproduction.

Access Rights for Indigenous Peoples and Parties

  • IPs have unconditional access to documents related to their CADT/CALT, ADSDPP, or CP, subject to submission of a request form and personal appearance with valid ID.
  • Non-IPs who are parties to MOA (Memorandum of Agreement) also have access upon written request.
  • Requester bears reproduction costs unless the requesting IP appears personally.
  • Documents must be reproduced only under supervision of authorized ADO personnel.

Procedural Requirements for Non-IPs and External Entities

  • NCIP personnel may request documents with a letter or request slip signed by a director.
  • Other government agencies must have a similar request from a director or equivalent rank.
  • Private individuals, organizations, associations, and foreign or government entities not parties to the documents or not IPs/ICCs cannot access documents unless:
    • Letter-request with detailed description and valid ID.
    • Authorization or attestation of conformity by a legitimate claimant/beneficiary from validated claim/recognition list.
    • Endorsement by relevant community service center, provincial or regional officers.
  • For CPs, authorization must come from a signatory party of the MOA or the IP/ICC, properly attested.

Security and Integrity Measures

  • ADO enforces safeguards to prevent documents from being taken out without authorized personnel present.
  • Emphasis on preventing use of documents for unlawful purposes or forgery.

Institutional Authority and Roles

  • The ADO issues policies but does not verify or validate Certificates of Non-Overlap.
  • Validation and issuance of certain certificates fall within jurisdiction of regional offices or courts.

Adoption and Approval

  • Policy guidelines adopted on December 2, 2011.
  • Endorsed by the Commissioners and Chairperson of NCIP and attested by the Executive Director and Secretariat.

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