04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly Ade-0403-005, Lot. No. 3- Dimipac Island-Ade-0403-005-Gni, Lot No. 4-Ade-0403-005-Gni, and Lot No. 5-Ade-0403-005-Gni with corresponding areas which are adjacent to Calauit Island x x x. 6. At present, [a] certain Roy Dabuit is the Acting Chairman of the Tagbanua Indigenous Cultural Community who is the recipient of the said CADT in Calauit Island and other islets. 7. Furthermore, the undersigned was able to take pictures on the portions of Calauit Island which were occupied by the BCM and Indigenous People belonging to the Tagbanua Tribe. They have built houses made of light materials, school (elementary and day care), small causeway and tribal hall. 8. Moreover, the Calauit Preserve and Wildlife Sanctuary still exist in the Island of Calauit and placed under the management of the Provincial Government of Palawan thru an Executive Order. The issuance of CADT over Calauit Island including the Calauit Preserve and Wildlife Sanctuary under Presidential Proclamation 1578 is another current problem.[56] Thus, the OSG submitted that "the instant petition must be decided on the merits considering that the area in dispute remains to be a Game and Wildlife Preserve and petitioners persist on their illegal occupation thereof."[57] Notwithstanding the matters raised by the petitioners in this case, a review of the Complaint, Answer with Counterclaims, and the rest of the record of the instant petition readily reveals that the fundamental issue of the controversy between the parties may be summed up into these: whether or not the Resettlement Agreements are valid; and, more importantly, whether or not the petitioners may be compelled to vacate Calauit by virtue of their obligations enumerated in the Resettlement Agreements. Ruling of this Court With the issuance by the Office of the President of the CADT, an ostensive successor to the Resettlement Agreements, to the Tagbanua Indigenous Cultural Community (ICC), the resolution of the question on the propriety or impropriety of the latter contract and their effects on the continued stay of the settlers on Calauit appears to have been rendered moot and academic. Under the CADT, the Tagbanua ICC is given authority "TO HAVE AND HOLD IN OWNERSHIP, the x x x described ancestral domain as their private but community property, which belongs to all generations of the said Indigenous Cultural Community/Indigenous Peoples"; and "TO DEVELOP, CONTROL, MANAGE and UTILIZE COLLECTIVELY the said ANCESTRAL DOMAIN with all the rights, privileges and responsibilities appurtenant thereto, subject to the condition that the said ancestral domain shall NOT be SOLD, DISPOSED, nor DESTROYED." To be precise, Section 7 of Republic Act No. 8371 recognizes that the rights to ancestral domains carry with it the rights of ownership and possession of ICCs/IPs to their ancestral domains, which shall include the following: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61037 12/19

Select target paragraph3