and indefeasibility of titles. The JAO was issued to establish a common
policy for the processing of the registration of CADTs to ensure that
all adverse claims have been properly vetted and resolved before
registration – as occurs in the process of the issuance of Torrens titles.
The JAO’s requirement to stamp the CADT with the IPRA Sec. 56 clause
implicitly reflects that there is no confidence in the process that the
JAO is supposed to establish and the result will be somehow be flawed.
Furthermore, there is an innate bias being created by the JAO that a
registered CADT/CALT title is not perfected and not indefeasible as a
registered Torrens title is.
RECOMMENDATIONS
The following recommendations are then put forward to address the issues
presented in this review:
1. Conduct an immediate review of JAO 1 series of 2012. Assess if the
JAO has a) served its purpose, is it still necessary, b) efficiency of
implementation, and c) impacts on communities.
2. Enforce the production of Map Projections as an automatic process
for all CADTs/CALTs within a defined period. Provide funding within
the NCIP or between NCIP and DENR for the outsourcing of the
production of Map Projections with private geodetic companies and
include monetary incentives for quick and accurate accomplishments.
3. Override the JAO with the issuance of an Executive Order which
addresses all the issues/comments raised above.
4. The NCIP must recognize IPRA’s other rights: jurisdiction rights to
natural resources, zoning authority, and control of entry of migrants
through the issuance of a separate certificate and NCIP registration
recognizing such authority i.e., a Notice of Jurisdiction. These would
cover areas of the CADT, which overlap with private titled lands, or
existing reservations or permits; and would not conflict with the land
registration regime, which is limited to property rights of ownership
under the Torrens system over titled lands. The CADTs/CALTs would
ANGOC and PAFID
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