the land-use zoning and not the titleholders. If a municipality wishes to
purchase five hectares of titled land within a CADT for a garbage dump,
IPRA states that the IP group must first consent. The JAO denies the
IP group of clearly stated IPRA rights and authority by removing these
titled lands from the IP group’s jurisdiction.
n The JAO does not include CADCs as under NCIP jurisdiction. Not
including DENR-issued CADCs/CALCs as areas under the jurisdiction of
NCIP is another major legal flaw of the JAO. IPRA specifically refers to
areas covered by the implementation of DENR-DA0 02, 1993 as being
government recognized ancestral domains and must be automatically
considered as under NCIP jurisdiction.
n Certification of Non-Overlap (CNO) regime is discriminatory against
NCIP jurisdiction protecting IP land rights. CNOs are required in the
JAO from DENR-DAR-LRA for registration of CADT/CALTs issued by NCIP
in contested areas. However, no equivalent CNO is required from the
NCIP for the registration of titles issued by DENR-DAR-LRA in these
same contested areas.
n DAR reservations are mistakenly declared as areas “for the common
and public welfare and services” which have to be excluded from
CADTs. This is illogical and is a contradiction of terms for the JAO to
automatically exclude all DAR reservations from ancestral domains
based on the clause “except for areas for the common and public
welfare and services.” The distribution of land by DAR to individual
beneficiaries and the granting of CLOA titles removes land from the
public domain to become privately owned land by the CLOA holder.
The land is no longer for the common and public welfare and services
when it has been distributed as private land. The clause is a legally
flawed convenience to prevent the JAO from any possible restraint of
DAR jurisdiction.
n There is no legal basis for exclusion/segregation of approved surveyplans from ancestral domains. The JAO excludes all approved survey
plans from ancestral domains. An approved survey plan is merely a
technical instrument to identify the location on the ground of plots of
land. It does not convey any type of rights of ownership or control over
these land areas and is not subject to IPRA Sec. 56 prior existing rights
regime.
n The required stamping of CADTs with “subject to IPRA Sec. 56”
undermines the purpose of the JAO and the concept of the perfection
24
The Joint Administrative Order No. 01 series of 2012: A Policy Review
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