from ancestral domains or just indicated in a CADT survey plan. IP
communities are being denied even the right to know what titled lands
or government reservations or permits might be overlapping with their
ancestral domains/lands. The JAO since 2012 has not fulfilled this main
objective. IP groups consistently complain that the production of Map
Projections has not been forthcoming.
n “RESERVED OR INTENDED FOR THE COMMON AND PUBLIC WELFARE
AND SERVICES” Government Reservations: IPRA Section 7(g) stipulates
that IPs have the right to claim parts of lands set aside for specific
purposes, i.e. reservations, but makes an exception of excluding
areas “reserved or intended for the common and public welfare and
services.” The JAO broadly defines government reservations as being in
their entirety all for the common and public welfare and services --JAO
Section 3(h). It therefore mandates the total exclusion/segregation of
these reservations from AD. This is illegal. The JAO cannot contradict
the law: which allows IPs to claim parts of reservations. The JAO could
provide guidelines to determine what portions of reservations are for
the common and public welfare and services to be excluded from CADTs
and which are not. Nevertheless, to exclude them all is overriding a
main clause of the IPRA law.
n There is denial of other IPRA Rights over ancestral domain which are
not contained in Torrens Titles. The JAO completely overlooks these,
therefore denying IP groups of their rights to jurisdiction and control
over ADs/ALs which are not granted in titled properties: namely
rights to and authority over the following: a) natural resources; b)
determination of land-use [zoning under ADSDPPs]; c) responsibility
for the protection of the environment; and, d) control of migrants and
other outsiders (NGOs) into the CADT/CALT area.
n Normally the authority to determine these lie with the DENR and Local
Government Units. A holder of titled property does not have ownership
or control over natural resources, nor authority to determine landuse/zoning, responsibility of environmental protection, and control of
migrants. IPRA transfers this authority from LGUs and the DENR to the
IP group with a CADT. The JAO denies the IP group this authority by
completely excluding them from the ancestral domain. For example,
a pocket of some 100 hectares of privately titled lands within a CADT is
clearly owned and cultivated by the titleholders. However according to
IPRA, the IP group has rights over the minerals therein or to determining
ANGOC and PAFID
23
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