Effect of JAO No. 01 of 2012. In 2011, a Joint Task Force was established among
the DAR, DENR, NCIP and the LRA. The main objective was to resolve overlaps
in jurisdictional and policy mandates among the respective government
organizations.
In January 2012, JAO 01-2012 was issued, establishing the mechanisms to prevent
and resolve the contentious areas and issues at the national and field levels. The
LRA is the agency overseeing the ROD, the government office that administers
the Torrens system of registration of real estate ownership in the country and
judicially confirms and records all land titles in government archives.
The purpose of the JAO is to facilitate and coordinate the process of registration
of the Ancestral Domain/Land titles issued by NCIP with the other titling
agencies: DENR-LMB, DAR and DOJ-LRA – to avoid the overlap of titles under
the registration regime and to comply with section 56 of IPRA to respect prior,
existing rights within ancestral domains.
The main concern of the JAO is to prescribe a process for the preparation of the
map projection to identify titled lands, which might overlap with CADT/CALTs.
This information is only available and under the technical jurisdiction of the
DENR-LMB. The JAO covers all land, tenurial and utilization instruments that are
issued by the DAR, DENR and the NCIP and the registration thereof by the LRA.
However, the implementation of JAO 1-2012 has been marred by government
inertia, ambiguity of who takes the lead and the limited capacity of frontline
implementors of the respective agencies to perform their expected duties as
outlined.
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 in
a bureaucratic gridlock that has impeded the registration of ancestral domains
by withholding the necessary information from the NCIP and thereby blocking
the registration process with the LRA.
The net effect of the JAO has been injurious to the rights of IP communities. The
JAO has created a regime which frustrates the registration of CADT/CALTs with
the local ROD rather than facilitates it. It is worth noting that since the approval
of JAO 1-2012, no CADT/CALTs throughout the country has been registered
under it.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
83
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