the registration of their CADT. This should not be the case if the JAO was
functional. Rather, the affected IPs should be able to devote their energy
and time to positive activities: to improving their management over their
CADT, developing their ancestral domain and livelihoods, and to facing
existing threats of encroachment of illegal logging in forested areas and
illegal cattle pastures in grasslands.
The non-registration of the CADTs has fostered a negative attitude
between and among local and national government units concerning
ancestral domain rights. The never-ending prolonging of the registration
and awarding of the CADT has undermined the indigenous peoples’ rights
to self-determination over their ancestral domain/land. It has encouraged
other groups and government agencies to disregard or selectively respect
the rights of the IPs to their CADT area.
Encroachment into the CADT areas has intensified. In Miarayon, the nonregistration of the CADT has emboldened neighboring lowlander, non-IPs
to intensify continuing illegal extraction of lumber from the remaining
forests and charcoal from woodland areas. Several cases of lowlanders
purchasing land or house lots from Talaandig individuals in contravention
of the Talaandig ADSDPP and IPRA law have recently occurred. This has
been difficult to address because the Talaandig leadership has been unable
to prove that the CADT is titled and registered to the IPs.
Analysis of Issues and Problems of Implementation of JAO 01
n The
guidelines set forth in the JAO for the preparation of Map
Projections was a main objective to streamline the process of CADT/
CALT registrations. However, rather than facilitate the preparation of
Map Projections, the JAO has resulted into a bureaucratic gridlock that
has impeded AD registration by withholding the necessary information
from the NCIP and therefore blocking the registration process with the
LRA.
n A Map Projection is merely a technical process to indicate possible
overlaps of titled properties, government reservations, and permits.
This is public information. A Map Projection makes no decisions
or judgments as to whether the titled properties, government
reservations, or issued permits should be excluded and/or segregated
22
The Joint Administrative Order No. 01 series of 2012: A Policy Review
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