10/12/2019
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g) Legal Affairs Office. - There shall be a Legal Affairs Office which shall advice the
NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for
providing ICCs/IPs with legal assistance in litigation involving community interest. It
shall conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs
against a natural or juridical person believed to have violated ICCs/IPs rights. On the
basis of its findings, it shall initiate the filing of appropriate legal or administrative
action to the NCIP.
[9] Section 62. Resolution of Conflicts. - In cases of conflicting interest, where there are
adverse claims within the ancestral domains as delineated in the survey plan, and
which cannot be resolved, the NCIP shall hear and decide, after notice to the proper
parties, the disputes arising from the delineation of such ancestral domains: Provided,
That if the dispute is between and/or among ICCs/IPs regarding the traditional
boundaries of their respective ancestral domains, customary process shall be followed.
The NCIP shall promulgate the necessary rules and regulations to carry out its
adjudicatory functions: Provided, further, That any decision, order, award or ruling of
the NCIP on any ancestral domain dispute or on any matter pertaining to the
application, implementation, enforcement and interpretation of this Act may be brought
for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a
copy thereof.
[10] Section 69. Quasi-Judicial Powers of the NCIP. - The NCIP shall have the power and
authority:
a) To promulgate rules and regulations governing the hearing and disposition of cases
filed before it as well as those pertaining to its internal functions and such rules and
regulations as may be necessary to carry out the purposes of this Act;
b) To administer oaths, summon the parties to a controversy, issue subpoenas requiring
the attendance and testimony of witnesses or the production of such books, papers,
contracts, records, agreements and other document of similar nature as may be
material to a just determination of the matter under investigation or hearing conducted
in pursuance of this Act;
c) To hold any person in contempt, directly or indirectly, and impose appropriate
penalties therefor; and
d) To enjoin any or all acts involving or arising from any case pending before it which, if
not restrained forthwith, may cause grave or irreparable damage to any of the parties
to the case or seriously affect social or economic activity.
[11] Section 70. No Restraining Order or Preliminary Injunction. - No inferior court of
the Philippines shall have jurisdiction to issue any restraining order or writ of
preliminary injunction against the NCIP or any of its duly authorized or designated
offices in any case, dispute or controversy arising from, necessary to, or interpretation
of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63044
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