Principles
- Individual ICC/IP members have the option to secure land titles under Commonwealth Act 141 (CA 141), as amended.
- Ancestral land is acknowledged as a valuable resource to be managed according to ICC/IP customs and traditions.
Objectives
- Defines the procedure for individual, family, or clan ICC/IP members to secure title to ancestral lands.
- Specifically applies to titles under the provisions of CA 141 (Public Land Act), as amended.
Definitions
- Ancestral Land: Land occupied and used since time immemorial by ICC/IP individuals, families, or clans under claims of ownership, including various land types such as residential lots, rice terraces, forests, and farms.
- Agricultural Land: Land suitable or used for cultivation of food crops and livestock raising.
- Ancestral Domain: Broad areas including lands, inland waters, coastal areas, and resources held communally or individually by ICC/IPs since time immemorial.
- Time Immemorial: The period extending to as far back as memory serves regarding ICC/IP occupation and possession by customary law.
- Migrants: ICC/IP individuals who relocate to ancestral domains of other indigenous groups for economic reasons.
- Community/ICCs: Groups identified by homogeneity and self-ascription who have continuously lived on defined territories since time immemorial.
- Family: Basic ICC unit related by blood or customary law sharing indigenous land tenure systems.
- Clan: Traditional social unit of families tracing descent from a common ancestor, governed by indigenous land tenure systems.
- Traditional Agreements: Recognized indigenous arrangements governing land/resource use and management.
Coverage
- Applies to individually owned ancestral lands continuously possessed by ICC/IP members since time immemorial.
- Limits the landholding area to a maximum aggregate of four (4) hectares per applicant.
Delimitation
- Excludes ancestral lands within domains with Certificates of Ancestral Domain Titles (CADTs) or Certificate of Ancestral Land Titles (CALT).
- Excludes lands covered by traditional agreements observed mainly in Mindanao and lands held by migrants.
- Excludes lands not used for agricultural, residential, pasture, or tree farming purposes.
Application Process
- Filing: ICC/IP individuals, families, or clans file a verified application with NCIP Provincial Office or Community Service Center with a Php500.00 filing fee.
- Consent Requirements:
- Individual applicants need written consent from surviving parents and siblings.
- Family applicants need consent from clan leaders/elders.
- Clan applicants need consent from community leaders/elders.
- Evaluation: NCIP Provincial Office/CSC validates qualifications, authenticity of documents, and ancestral land status.
- Notification and Docketing: Valid applications are docketed, numbered, and a copy forwarded to the concerned Community Environment and Natural Resources Office (CENRO).
- Processing complies with NCIP A.O. No. 4, S. 2012 (Omnibus Rules on Delineation and Recognition).
- Final resolution by the Commission is communicated to the applicant.
Separability Clause
- If any provision is declared invalid or unconstitutional, other unaffected provisions remain in full force.
Repealing Clause
- All inconsistent prior NCIP Administrative Orders, Circulars, and Memoranda are repealed or modified accordingly.
Effectivity
- The Administrative Order takes effect 15 days after its registration with the National Administrative Register and publication in a national newspaper.