Law Summary
Definition of Key Terms
- Certified Ancestral Land/Domain: Areas covered by Certificates of Ancestral Land Title (CALT) or Certificates of Ancestral Domain Title (CADT).
- Claimed Ancestral Land/Domain: Areas covered by Certificates of Ancestral Land Claim (CALC), Certificates of Ancestral Domain Claim (CADC), pending applications for CALT/CADT, or actually occupied by Indigenous Cultural Communities (ICCs) or Indigenous Peoples (IPs) under the concept of Ancestral Land/Domain.
Recognition of Existing and Pending Rights
- Existing/vested leases, permits, licenses, contracts, and concessions within Ancestral Domains as of the effectivity of NCIP Administrative Order No. 1, Series 1998, are recognized and exempt from FPIC and NCIP Certification Precondition requirements.
- New and renewal applications filed prior to the effectivity of the Order have priority in securing NCIP Certification and FPIC upon government agency endorsement.
- Formal written agreements and/or ICCs/IPs resolutions issued before the Order are deemed as consent.
- Applications filed during the Order's effectivity also have priority upon endorsement.
Procedure for NCIP Certification Precondition in Non-ICC/IP Areas
- Applications for Certification Precondition filed with concerned NCIP Regional Office.
- Applicant bears actual expenses for field-based investigation by NCIP Regional Office.
- Investigation report with recommendations submitted to NCIP main office within 30 days.
- NCIP acts on certification requests only after government agency endorsement.
- Issuance of Certification within 7 days if no overlap with Certified or Claimed Ancestral Domains.
- If overlap exists, issuance follows guidelines under FPIC procedures.
Issuance and Procedure for Free and Prior Informed Consent (FPIC)
- NCIP Main Office notifies applicant within 15 days of investigation report completion if overlap exists, requiring FPIC.
- Applicant must submit Action Plan to secure FPIC within 30 days.
- NCIP Regional Office approves or disapproves Action Plan within 30 days; applicant can revise once within 30 days if disapproved.
- Implementation of approved Action Plan within 7 days.
- NCIP Regional Office issues Certification endorsing FPIC issuance or rejection within 30 days from FPIC decision.
- Interim Clearance may be issued in cases of conflicting domain claims, subject to no objection condition.
- Benefits to host ICCs/IPs for resource utilization or development projects must follow existing laws; additional "ex-gratia" benefits may be negotiated.
- If no existing benefit provisions, benefits shall be negotiated between parties.
- Upon favorable FPIC and government agency approval, existing laws and regulations governing activities apply.
Separability Clause
- Declaration of any provision's invalidity by court does not affect the validity of remaining provisions.
Repealing Clause
- All inconsistent or contrary orders or circulars are repealed, amended, or modified accordingly.
Effectivity
- Order takes effect fifteen (15) days after publication in two newspapers of general circulation.