e) The national consultative body shall be composed of regional representatives not exceeding a
total of thirty five (35), at the participation rate of five (5) representatives from each of the
seven (7) ethnographic regions as allocated under Section 40 of the Act;
f) The consultative body shall promulgate its own internal rules of procedure, and whenever
possible, it shall use consensual and other traditional decision making processes during
sessions, assemblies or meetings; and
g) The Commission shall provide the funds necessary to ensure the viability of the Consultative
Body.
RULE VIII. DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS
Part I. Delineation and Recognition of Ancestral Domains/Lands
Section 1. Principle of Self Delineation. Ancestral domains shall be identified and
delineated by the ICCs/IPs themselves through their respective Council of Elders/Leaders whose
members are identified by them through customary processes. The metes and bounds of ancestral
domains shall be established through traditionally recognized physical landmarks, such as, but
not limited to, burial grounds, mountains, ridges, hills, rivers, creeks, stone formations and the
like.
Political or administrative boundaries, existing land uses, licenses, leases, programs and
projects or presence of non-ICCs in the area shall not limit the extent of an ancestral domain nor
shall these be used to reduce its area.
Section 2. Procedure on Ancestral Domain Delineation. The Ancestral Domains
Office (ADO) shall be responsible for the official delineation of ancestral domains and lands. For
this purpose the ADO, at its option and as far as practicable, may create mechanisms to facilitate
the delineation process, such as the organization of teams of facilitators which may include,
among others, an NGO representative chosen by the community, the Municipal Planning and
Development Officer of the local government units where the domain or portions thereof is
located, and representatives from the IP community whose domains are to be delineated. The
ADO will ensure that the mechanisms created are adequately supported financially and
technically to enable the efficient and expedient delineation of the ancestral domains.
The identification, delineation and recognition of ancestral domains shall be in
accordance with the following procedure:
a)
Filing of Petition for Delineation. A majority of the members of the ICCs/IPs in a
specific area, through their own recognized Council of Elders/Leaders, may file a
petition with the NCIP through the Provincial Office for the identification, delineation
and recognition of their ancestral domain. No other entity shall file said petition and to
ensure the legitimacy of the Petition, the same shall be signed by all members of the
concerned ICCs/IPs’ Council of Elders or popularly recognized and accepted leadership
body.
b) Delineation Proper. Upon receipt of a Petition for Delineation, the ADO through the
NCIP Provincial Office shall proceed as follows:
(1) Community-wide information dissemination and consultation with the ICCs/IPs
concerned shall be conducted to inform them about the delineation process and to
establish the genuineness of the Petition.
(2) The Council of Elders/Leaders of the IPs concerned, in accordance with customary
law and/or community history, shall convene to identify the landmarks indicating
the boundaries of their ancestral domains in a topographic map and submit the same
to the NCIP Provincial Office;
Page 40
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