Dissenting Opinion - 13 - G.R. No. 224469 (STIFRMSP) of ICCs/lPs found to be sustainable, which have either been established and/or effectively managed by families, clans and communities as part of their cultural practices and traditions as well as the role of indigenous socio-cultural and socio political institutions in this endeavour; b. Adhere to the customary laws and recognize the Indigenous Knowledge Systems and Practices (IKSP) of the ICCs/lPs together with the intellectual property rights thereon, if any, in accordance with the applicable provisions of the IPRA; c. Recognize the ICCs/IPs' preferential rights to benefit from the natural resources found within their ancestral lands/domains jointly documented and confirmed pursuant to this Order; d. Institutionalize the traditional and culture-driven sustainable forest resources management systems and practices, policies and customary laws of the ICCs/lPs; and xxxx 2.2. Specific Objectives: a. To institutionalize the consultative, collaborative effort and consensus building processes between and among indigenous socio-political institutions including its leadership system, local xx xx government units (LG Us), the DENR, the NCIP and other concerned agencies Sec. 3. - Coverage. This Order shall cover and apply to all ICCs/lPs with traditional indigenous forest resources management systems and practices within their ancestral domains/lands, whether it be individual, family, clan and communal. xxxx Sec. 6. - Recognition of lndigenous and Traditionally Managed Forests Systems and Practices. All existing indigenous and traditionally managed forest systems and practices that were initially and jointly documented and verified by Regional Offices of the DENR and the NCIP to be promoting and practicing forest and biodiversity conservation, forest protection and sensible utilization of the resources found therein based on existing customary laws and duly endorsed by the LGUs concerned through Resolution or Ordinance shall be issued a Joint Confirmation and Recognition Order (JCRO) by the respective DENR-Regional Executive Director (RED) and the NCIP Regional Director (RD). However, issuance of any utilization permit by the DENR for the resources found therein shall be held in abeyance pending the signing of a Memorandum of Agreement (MOA) between and among the DENR, the NCIP, the ICCs/IPs, socio-political structures and LGUs- Barangay, Municipal and Provincial level xx xx Finally, validly existing resources utilization permits duly issued by the DENR to the ICCs/IPs prior to this Order shall continue to be respected until its expiration or until the allowable volume has been fully consumed or the harvesting in the allowable area has been finished, whichever comes first. Sec. 7. - Formulation of a MOA and the JIRR. The Memorandum of Agreement (MOA) shall contain, among others, the commitment of all concerned signatories to the sustainable management of the subject forest area and its forest resources, the procedures to be followed in the operationalization of the traditional and indigenous forest management systems and practices consistent with the traditions and culture therein including the corresponding penalties and sanctions to be imposed for each and every violation to be committed. Said MOA shall also include provisions on the roles and responsibilities of all parties in the documentation of information and/or in the gathering of primary data for the recognition and confirmation of the traditional and indigenous forest management systems and practices. xxxx Sec. 9. Registration. - Registration of the indigenous and traditionally managed forest as a result of the comprehensive evaluation, documentation and consultation activities found to be practicing a sustainable forest resources management system and practice shall be issued with a Joint Implementing Rules and Regulations (JIRR) jointly approved by the DENR, the NCIP and all parties mentioned in Section 6 hereof. The presence of the following factors/ conditions which in all cases shall be considered in the registration: 9 .1 The existing Indigenous Forest Resources Management Systems/Practices is promoting forest conservation, protection, utilization and biodiversity conservation; xxxx 9.3 The presence of customary laws, if verified to be within the framework of sustainable forest resources management, x x x x 9.4 The watershed forest management shall be the ecosystem management units and being managed in a holistic, scientific rights-based, technology-based and community-based manner and observing the principles of multiple use, decentralization and devolution actively participated by the Local Government Units (LGUs) and other concerned agencies with synergism of the economic, ecological, social and cultural objectives, and the rational utilization of all forest resources found therein; 9.5 The security of land tenure and land use rights as provided for under the IPRA and other applicable ENR laws, rules and regulations shall be a requirement for sustainable use; and 9.6 The current indigenous forest resources management systems/practices can be harmonized with current ENR laws, rules and regulations. xxxx Sec. 10. Resources Management and Sustainability. - Resource management within registered traditionally-managed forests ~hall t>e strictly in adherence to the establis~ed _tra~itio~al leade_~ehfl structure and practke.s. A ,esomce management plan shall be pccpaccd and mst>tut>onahzed relat>~ /

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