POs and/or Council of Elders, shall be responsible for identifying and establishing ancestral
lands within their respective ancestral domains based on their own customs and traditions.
With the free and prior informed consent of its members, the community may also allocate
portions of the ancestral domain to individuals, families or clans in accordance with their
customary laws and traditional practices.
b) Application for Issuance of Certificate of Ancestral Land Title (CALT) over Ancestral
Lands within Ancestral Domains. Individuals, families or clans belonging to the concerned
ICCs/IPs within certified ancestral domains may apply for Certificate of Ancestral Land
Titles over their identified ancestral lands, without going through the formal delineation
process and in spite of the issuance of any tenurial instrument issued over the same area
before the effectivity of the Act by filling up the appropriate NCIP Form and filing it with the
NCIP Service Center.
c) Application for Issuance of Certificate of Ancestral Land Title of Ancestral Lands
outside Ancestral Domains. Claimants of ancestral lands located outside certified ancestral
domains may have such ancestral lands officially established by filling up the appropriate
NCIP Form and filing it with the NCIP Service Center which has jurisdiction over the land. It
shall be accompanied by a testimony under oath of the elders of the ICC/IP who are
knowledgeable of such claim and any other documentary proof showing continuous
occupation, utilization or possession of the area since time immemorial which shall be any of
the following:
(1)
Written accounts of the ICCs/IPs customs and traditions;
(2)
Written accounts of the ICCs/IPs political structure and institutions;
(3)
Pictures showing long term occupation such as those of old improvements, burial
grounds, sacred places and old villages;
(4)
Historical accounts, including pacts and agreements concerning boundaries entered into
by the ICCs/IPs concerned with other ICCs/IPs;
(5)
Survey plans and sketch maps;
(6)
Anthropological data;
(7)
Genealogical surveys;
(8)
Pictures and descriptive histories of traditional communal forests and hunting grounds;
(9)
Pictures and descriptive histories of traditional landmarks such as mountains, rivers,
creeks, ridges, hills, terraces and the like; and
(10) Write-ups of names and places derived from the native dialect of the community.
d) Notice and Publication . Upon receipt of the application the NCIP Service Center shall cause
the publication of such application in accordance with the following procedure:
(1) The NCIP Service Center shall prepare a copy of the petition and survey or sketch plans,
these being the basic documents of the ancestral land claim, including a translation
thereof in the native language of the ICCs/IPs concerned;
(2) These documents shall be posted in a conspicuous or prominent place within the ancestral
land which may be, but not limited to, the tribal hall, the market place or places of
worship and the Service Center, Provincial and Regional Offices of the NCIP for at least
fifteen (15) days;
(3) Whenever available, the basic documents shall also be published in a newspaper of
general circulation in the area once a week for two consecutive weeks to allow other
claimants to file opposition thereto within fifteen (15) days from the date of last
publication; and
Page 44
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