04/02/2020
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(e) Preparation of Maps. - On the basis of such investigation and the
findings of fact based thereon, the Ancestral Domains Office of the NCIP
shall prepare a perimeter map, complete with technical descriptions, and
a description of the natural features and landmarks embraced therein.
(f) Report of Investigation and Other Documents. - A complete copy of
the preliminary census and a report of investigation, shall be prepared by
the Ancestral Domains Office of the NCIP.
(g) Notice and Publication. - A copy of each document, including a
translation in the native language of the ICCs/IPs concerned shall be
posted in a prominent place therein for at least fifteen (15) days. A copy
of the document shall also be posted at the local, provincial and regional
offices of the NCIP, and shall be published in a newspaper of general
circulation once a week for two (2) consecutive weeks to allow other
claimants to file opposition thereto within fifteen days (15) from date of
such publication: Provided, That in areas where no such newspaper exist,
broadcasting in a radio station will be a valid substitute; Provided,
further, That mere posting shall be deemed sufficient if both newspaper
and radio station are not available.
(h) Endorsement to NCIP. - Within fifteen (15) days from publication, and
of the inspection process, the Ancestral Domains Office shall prepare a
report to the NCIP endorsing a favorable action upon a claim that is
deemed to have sufficient proof. However, if the proof is deemed
insufficient, the Ancestral Domains Office shall require the submission of
additional evidence; Provided, That the Ancestral Domains Office shall
reject any claim that is deemed patently false or fraudulent after
inspection and verification: Provided, further, That in case of rejection,
the Ancestral Domains Office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial
shall be appealable to the NCIP. Provided, furthermore, That in cases
where there are conflicting claims among ICCs/IPs on the boundaries of
ancestral domain claims, the Ancestral Domains Office shall cause the
contending parties to meet and assist them in coming up with a
preliminary resolution of the conflict, without prejudice to its full
adjudication according to the Section below.
The MOA-AD is problematic when read in conjunction with the IPRA because it does
not present any proof or specific reference that all the territories it enumerates
accurately represent the "ancestral domains" of the Bangsamoro Homeland. The
MOA-AD assumes that these territories are included in the Bangsamoro Homeland as
ancestral domains, without proof or identification of native title or other claim of
ownership to all the affected areas.
Section 3(g) of the IPRA[35] also requires that there be a "free and informed prior
consent" by the indigenous peoples concerned to be exercised through consultations
before any decision relating to their ancestral domain is made. This rule not only
guarantees the right to information[36] of the people in these areas, but also the
right of the indigenous peoples to "free and informed prior consent" as an element of
due process.[37] Obviously, respondents did not conduct the required consultation
before negotiating the terms of the MOA-AD. Otherwise, no petitions and petitionsin-intervention would have been filed in the first place.
Fourth . Under the MOA-AD, the BJE is vested with jurisdiction, powers and
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
166/203
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