04/02/2020
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have a decisive role in all the activities pertinent thereto. The Sworn
Statement of the Elders as to the scope of the territories and
agreements/pacts made with neighboring ICCs/IPs, if any, will be
essential to the determination of these traditional territories. The
Government shall take the necessary steps to identify lands which the
ICCs/IPs concerned traditionally occupy and guarantee effective
protection of their rights of ownership and possession thereto. Measures
shall be taken in appropriate cases to safeguard the right of the ICCs/IPs
concerned to land which they may no longer be exclusively occupied by
them, but to which they have traditionally had access for their
subsistence and traditional activities, particularly of ICCs/IPs who are still
nomadic and/or shifting cultivators.
SEC. 52. Delineation Process. - The identification and delineation of
ancestral domains shall be done in accordance with the following
procedures:
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(b) Petition for Delineation. - The process of delineating a specific
perimeter may be initiated by the NCIP with the consent of the ICC/IP
concerned, or though a Petition for Delineation filed with the NCIP, by a
majority of the members of the ICCs/IPs.
(c) Delineation Proper. - The official delineation of ancestral domain
boundaries including census of all community members therein, shall be
immediately undertaken by the Ancestral Domains Office upon filing of
the application by the ICCs/IPs concerned. Delineation will be done in
coordination with the community concerned and shall at all times include
genuine involvement and participation by the members of the
communities concerned.
(d) Proof Required. - Proof of Ancestral Domain Claims shall include the
testimony of elders or community under oath, and other documents
directly or indirectly attesting to the possession or occupation of the area
since time immemorial by such ICCs/IPs in the concept of owners which
shall be any one (1) of the following authentic documents:
1) Written accounts of the ICCs/IPs customs and traditions;
2) Written accounts of the ICCs/IPs political structure and institution;
3) Pictures showing long term occupation such as those of old
improvements, burial grounds, sacred places and old villages;
4) Historical accounts, including pacts and agreements concerning
boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;
5) Survey plans and sketch maps;
6) Anthropological data;
7) Genealogical surveys;
8) Pictures and descriptive histories of traditional communal forests and
hunting grounds;
9) Pictures and descriptive histories of traditional landmarks such as
mountains, rivers, creeks, ridges, hills, terraces and the like; and
10) Write-ups of names and places derived from the native dialect of the
community.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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