04/02/2020
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parties have exhausted all remedies provided under their customary laws. For this
purpose, a certification shall be issued by the Council of Elders/Leaders who
participated in the attempt to settle the dispute that the same has not been
resolved, which certification shall be a condition precedent to the filing of a petition
with the NCIP.
[171] 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 can not 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.
[172] Memorandum of Petitioners, Rollo ,pp. 873-874.
[173] Section 3 (f).
Customary Laws - refer to a body of written and/or unwritten
rules, usages, customs and practices traditionally and continually recognized,
accepted and observed by respective ICCs/IPs;
xxx
Sec. 63. Applicable Laws. - Customary laws, traditions and practices of the ICCs/IPs
of the land where the conflict arises shall be applied first with respect to property
rights, claims and ownerships, hereditary succession and settlement of land
disputes. Any doubt or ambiguity in the application and interpretation of laws shall
be resolved in favor of the ICCs/IPs.
[174] Sec. 65.
Primacy of Customary Laws and Practices. - When disputes involve
ICCs/IPs, customary laws and practices shall be used to resolve the dispute.
[175] Memorandum of Petitioners, Rollo, pp.875-876.
[176] R.A. 8371 states:
Sec. 65. Primacy of Customary Laws and Practices. -- When disputes
involve ICCs/IPs, customary laws and practices shall be used to resolve
the dispute.
[177] See Secs. 62 and 63, R.A. 8371.
[178] Sec. 65, R.A. 8371.
[179] The Civil Code provides:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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