Section 2. Composition of Ancestral Domains/Lands. Ancestral Domains/ Lands are all areas generally belonging to the ICCs/IPs, owned, occupied or possessed by themselves or through their ancestors, communally or individually since time immemorial. Ancestral lands/domains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of ownership. Ancestral domain consists of lands, inland waters, coastal areas, minerals and other natural resources. Lands within ancestral domains shall include, but not limited to, ancestral lands, forests, pasturelands, residential lands, agricultural lands, hunting grounds, burial grounds, worship areas, land no longer occupied by the ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators, and other lands individually owned whether alienable and disposable or otherwise. Ancestral land shall consist of, but not be limited to, residential lots, rice terraces or paddies, private forests, swidden farms, and tree lots. Provided that property rights within the ancestral domains already existing and/or vested upon effectivity of the Act, within ancestral domains/lands, shall be respected and recognized. Inland waters and coastal areas include fishing grounds, collecting grounds, and bodies of water. Section 3. Indigenous Concept of Ownership. Ancestral domains/lands and all resources found therein form the material bases of the ICCs/IPs’ cultural integrity. The indigenous concept of ownership therefor, generally holds that ancestral domains are the ICCs’/IPs’ private but communal property which belongs to all generations and shall not be sold, disposed nor destroyed. The present generation who are today’s occupants have the intergenerational responsibility of conserving the land and natural resources for future generations of ICCs/IPs to enjoy. Section 4. Recognition of Ancestral Domain and Land Rights. The rights of the ICCs/IPs to their ancestral domains and lands by virtue of native title shall be recognized and respected. Native title to ancestral domains and lands may be formally recognized or established through the issuance of corresponding Certificate of Ancestral Domain Title (CADT) or Certificate of Ancestral Land Title (CALT) as provided in the Act. All areas within ancestral domains, whether delineated or not, are presumed to be communally owned and, pursuant to the indigenous concept of ownership, could not be sold, disposed nor destroyed. Areas and resources in the domains are deemed destroyed if on account of the activity conducted or applied: a) The area or resource could no longer serve its normal or natural functions; or b) That the area or resource is used in a manner not consistent with customary laws or agreements of the indigenous peoples concerned; or c) That the area or resource is used or gathered in a wasteful or excessive manner resulting to irreversible loss or irreparable damage. Part II. Rights of Indigenous Cultural Communities/Indigenous Peoples to Ancestral Domains Section 1. Rights of Ownership. ICCs/IPs have rights of ownership over lands, waters, and natural resources and all improvements made by them at any time within the ancestral domains/lands. These rights shall include, but not limited to, the right over the fruits, the right to possess, the right to use, right to consume, right to exclude and right to recover ownership, and Page 5

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