(4) In areas where no newspapers exist, broadcasting in a radio station could be a valid
substitute for publication. In case of broadcast, the same shall be made twice in a week
and any opposition may be filed within 15 days from date of last broadcast. If both
newspaper and radio station are not available, the mere posting of the basic documents as
in stated in sub-paragraph (b) above shall be deemed sufficient and any opposition
thereto must be filed within 15 days from last day of posting.
e)
Ocular Inspection and Appreciation of Proof. Within fifteen (15) days after such
publication, the NCIP Service Center shall conduct an ocular inspection and investigation
thereof. Notices shall be sent to the applicant and owners of adjoining properties at least five
days before the scheduled date of ocular inspection.
If the NCIP Service Center finds the same meritorious, it shall request the NCIP Regional
Office, for a technical survey of the area. However, it may reject any application for CALT
which it finds patently false or fraudulent upon investigation and shall give the applicant due
notice of the action taken including the grounds for the denial. Such denial is appealable to
the NCIP in accordance with the procedure prescribed herein.
f) Resolution of Conflicting Claims. In case of conflicting claims, the NCIP Service Center
shall refer the same to the Council of Elders/Leaders in the community for settlement. In case
of failure of settlement thereat, the NCIP Service Center shall endeavor to cause the
contending parties to meet and help them come up with a preliminary resolution of the
conflict. Upon the exhaustion of all possible remedies, the same conflict may however be
submitted for full adjudication under Section 62 of the Act, in which the Director of Lands
may take part to represent the interest of the Republic of the Philippines.
g) Parcellary Survey. -Upon the recommendation of the NCIP Service Center, through the
NCIP Provincial Office, the Surveys Division of the NCIP Regional Office shall conduct a
parcellary survey of the area. Upon the completion of the survey and approval thereof, the
survey returns and the approved survey plan shall be returned to the NCIP Service Center
through the Provincial Office.
h) Report of Investigation. The NCIP Service Center shall prepare a report of its findings,
together with the record and the approved survey plan and submit the same to the NCIP
Provincial Office. In case of insufficient proof, additional evidences may be required from the
applicant.
i) Review by the NCIP Provincial Office. Upon review by the NCIP Provincial Office and
finding the application to be sufficiently proved, the same shall be endorsed to the NCIP
Ancestral Domains Office through the NCIP Regional Office.
j) Issuance of Certificate of Ancestral Land Title (CALT). The ADO shall, within fifteen (15)
days from receipt thereof, submit all records of the application to the NCIP which shall in
turn, evaluate the application and report submitted, and if it finds the application to be
meritorious, issue the corresponding CALT.
Section 8. Registration of Certificates of Ancestral Domain Title (CADTs) and
Certificates of Ancestral Land Title (CALTs). The NCIP, through the Ancestral Domains
Office (ADO), shall register all CADTs and CALTs with the Register of Deeds in the place where
the properties are located. The NCIP together with the Land Registration Authority shall
formulate the procedure for such registration. Awardees of CADT and CALT themselves may opt
to personally cause such registration..
Section 9. Reconveyance of Fraudulently Transferred Ancestral Lands. Within two
years from the effectivity of the Act, the NCIP shall take appropriate legal action for the
cancellation of illegally acquired titles ensuring however that the rights of possessors in good
faith are protected. Procedures for reconveyance to the ICCs/IPs concerned shall be undertaken
by the ICCs/IPs with the assistance of NCIP if requested.
This provision shall not prejudice the right of ICCs/ IPs to redemption of lands
transferred under vitiated consent and/or unconscionable consideration as provide for in Chapter
III, Section 8 of the Act and these Rules and Regulations.
Page 45
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