Section 44. ADSDPP Formulation. In every stage of the conversion process, the pertinent rules
pertaining to ADSDPP formulation shall be observed.
RULE V
APPLIED AD/AL OVERLAPPED BY PROPERTY RIGHTS
Section 1. Vested and Existing Property Rights. Vested and existing property rights referred
to in Sec. 56 of RA 8371 shall be fully recognized in accordance with the legal terms contained
therein but shall not be a bar to delineation and recognition of ADs/ALs.
A vested right/existing right is some right or interest in property that has become fixed or
established and no longer open to doubt or controversy. Vested Rights include Free Patent,
Homestead Patent, Sales Patent, Emancipation Patent, Certificate of Land Ownership Award and
Judicially Decreed Titles. Lands covered by such titles shall be segregated and excluded from the
Ads/ALs.
The vested or existing rights of any person within the AD/AL shall be respected provided,
however, that the rights holder shows and submits proof/s of such rights to the PDT/CDT.
Section 2. Resource Use Instrument (RUI). Existing contracts, licenses, concessions, leases,
and permits for the exploitation of natural resources within the ancestral domain may continue
to be in force and effect until they expire. Thereafter, such RUIs shall not be renewed without the
free and prior informed consent of the concerned ICCs/IPs. All such existing RUIs may be
terminated for cause or upon showing that there exists a violation of the terms and conditions
contained in the MOA executed relative to said operation.
Section 3. Possessory Rights of Migrants. Possessory rights of migrants within the AD existing
at the time of filing of CADT application, may be respected when any one of following
circumstances exists:
a. There is a duly verified written document or resolution from the Council of
Elders/Leaders or ICCs/IPs recognizing the possession and continuous presence of
these migrants and the extent of the area they possess.
b. There is a narrative of how the applicant ICCs/IPs gave their consent or acquiescence
to the entry of such migrants identified in the Recognition Book; or
c. The concerned ICCs/IPs have validated such rights.
To facilitate the recognition of their rights, the migrants may be directed to provide proofs of
possession.
Section 4. Resource Use Instrument (RUI) not a Bar to Delineation. In no case will a RUI
bar the delineation of AD/AL, provided that its nature and scope is determined and duly
recorded.
RULE VI
RESERVATIONS
Section 1. Ancestral Land/domain Overlapped by Reservations. The ICCs/IPs have the right
to their ADs even if portions of which are covered by proclamations or reserved for various
purposes, except those reserved or intended for common and public welfare and service.
In the delineation of ADs overlapped by existing reservations, the NCIP will proceed to process
the application for formal recognition following the principle of self-delineation and the processes
prescribed under the law and existing guidelines which include the issuance by the Chairman of
a Certification declaring that the land is an AD which shall be transmitted to the head of the
appropriate government department or agency mentioned in Section 52 (i) of IPRA. The
transmittal of such certification, which shall also be furnished the Executive Secretary, Office of
the President, shall include a recommendation that the reservation be de-established
corresponding to the area overlapped, provided that, if the overlapped area will still continue to
be for common and public welfare and services, the recommendation shall include just
compensation by the government to the AD/AL owner/s until such use ceases.
Page 16 of 26
Revised Omnibus Rules on Delineation and Recognition of Ancestral Domains and Lands of 2012
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