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3.6.2
Privately claimed agricultural lots, which although surveyed, were classified as
alienable and disposable by the DENR after December 4, 1972; and
3.6.3
Privately claimed lands within the unclassified public lands or within areas
classified as timberland/forest land.
As mandated under the law, the rights of the ICCslIPs Over their ADsIALs shall be
3.7
protected to ensure their economic, social and cultural well-being. Systems of land
ownership, land use, and modes of settling land disputes of the ICCs/IPs shall be
recognized and respected in line with the principle of self-determination and autonomy.
3.8
The State shall apply the principles of agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition or utilization of other natural
resources, including lands of the public domain under lease or concession suitable to
agriculture, subject to prior rights, homestead rights of small settlers and the rights of
indigenous communities to their ancestral lands.
3.9
Once a Certificate of Land Ownership Award (CLOA), Emancipation Patent (EP) and
other land titles under the Agrarian Reform Program has/have been issued to a
beneficiary and registered in hislher name, it serves as an evidence of title and ownership
to the land, entitling the beneficiary to occupy the land, cultivate it, maintain possession
of the same and avail of the support services provided under the Agrarian Reform
Program.
3. lOA patentee, as the recognized owner, exercises property rights over the land granted to
herlhim except for some restrictions over the land under Section 29 (Sales Patent), and
Section 118 (Free Patent and Homestead Patent) ofCA No. 14 L as amended, as well as
the maintenance of legal easement if the land borders the sea or river pursuant to Seetions
III and 112, C.A. No. 141, as amended, if any.
3. II
Ancestral domainsllands and all resources found therein form the material bases of the
ICCs/IPs' cultural integrity. The indigenous concept of ownership, therefore, generally
holds that ancestral domains are the ICCslIPs private but communal property which
belongs to all generations, whether delineated or not.
3.12
Holders of CARP Beneficiary Certifieates (CBCs) shall continue to be eligible for
support services under CARP subject to securing free and prior informed consent of
ICCs/IPs who will be affected by the implementation of such support services. However,
when the projects are community initiated/driven, only the validation procedures shall
apply.
Support services may be made available to ICCslIPs other than CBC holders if they so
desire and with the free and prior informed consent of the community that will be
affected by the project.
3.13
Property rights within ADsIALs already existing and/or vested upon the effectivity of
RA. No. 8371 (promulgated on October 29, 1997) shall be respected. These inelude titles
issued administratively and judieially (i.e., EPs, CLOAs, Free PatentslHomestead Patents
and other titles issued under the Agrarian Reform Program and Patents issued by the
DENR).
3.14
The CADTs/CALTs to be registered shall contain a typewritten or stamped proviso that
the same is subject to Section 56 of Republic Act No. 8371.
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3.15
The need for improving standards and processing of survey plans among agencies is
recognized as a critical step to minimize occurrence of overlaps. As such, all survey plans
processed by NCIP, DAR and DENR shall be in accordance with the Manual of Land
Surveys in the Philippines.
3.16
Pursuant to Section 10 (a) of the RA. No. 6657, as amended, lands actually, directly and
exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and
breeding grounds, watershed and mangroves shall be excluded from thc coverage of
CARP.
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