Thus, the coastal areas where fisherfolk live and work fall under the jurisdiction
of different agencies of government.
This situation can be confusing to fisherfolk communities. Hence, fisherfolk
communities need to understand the roles of these agencies in order to identify
which government agency to approach regarding their concerns.
Overlapping rights over waters in ancestral domains. IPRA mandated the
recognition and protection of the rights of indigenous cultural communities
(ICCs) and indigenous peoples (IPs) to their ancestral domains, and the
preservation and development of their cultures, traditions and institutions.
IPRA defines Ancestral Domains as “all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and natural resources therein, held
under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or
through their ancestors (...)” (emphasis supplied). The Certificate of Ancestral
Domain Title (CADT) “refers to a title formally recognizing the rights of
possession and ownership of ICCs/IPs over their ancestral domains identified
and delineated in accordance with the law”.
There are cases where the coverage of municipal waters as defined by the Local
Government Code (LGC) and the Fisheries Code comes in direct conflict with the
IPRA.
In Coron, Palawan the ancestral waters of the Tagbanwa indigenous people
overlaps with the municipal waters under the local government of Coron. In
2002, the NCIP issued a CADT to the Tagbanwa people, formally recognizing
their rights of possession over their ancestral domains identified and delineated
in accordance with the rules of the IPRA.
Upon further review of the claim, the NCIP promulgated Administrative Order
1, series of 2002 that determined with finality the validity of the CADT. This
served as a precedent for the recognition of two other CADT claims in Northern
Palawan, which included substantial parts of municipal waters. The CADTs of the
Tagbanwa communities in barangays Tara, Malawig and Buenavista covering at
least 75,639 hectares was approved in 2010 but had not yet been awarded as of
2017 (De Vera and Zingapan, 2017).
Maritime disputes in municipal waters. Maritime disputes include the intrusion
of commercial fishers in municipal waters. But with the incomplete delineation
of municipal waters in many areas, violations become difficult to litigate.
98
Status of Land and Resource Tenure Reform in the Philippines 2018
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