Section 2. Cessation of Public Use. Public use is deemed to have ceased or withdrawn wholly or partially if so de-established by subsequent proclamation or if any of the following conditions is present prior to the filing of petition for CADT: a. No overt activities related to the purpose of the proclamation is manifest or being actually pursued; b. Managing agency / designated institution has abandoned or failed to use the area; or c. Proclaimed area was left idle for at least five (5) years. PART II RULES ON SURVEYS OF ANCESTRAL DOMAINS/LANDS RULE I ACCREDITATION OF GEODETIC ENGINEERS Section 1. Mandate. The NCIP is authorized by law to issue survey authority or work order and execute and approve survey of ADs/ALs. Section 2. Who are authorized to Conduct Surveys. All AL/AD surveys shall be conducted by geodetic engineers employed with or contracted by the NCIP or those under the employ of an agency or organization which has an agreement with NCIP relative to the delineation process. Geodetic engineers validly authorized to engage in private practice or members of a partner agency or organization who desire to conduct the survey of ADs/ALs may be accredited and authorized by the Commission. Surveys to be conducted by partner agency/organization shall be covered by a MOA with the NCIP. Private Geodetic Engineers who intend to undertake AD/AL survey shall go through the normal bidding process in the engagement of services of private entities as prescribed by R.A. No. 9184, otherwise known as Government Procurement Reform Act of 2003 and Commission on Audit (COA) rules. Section 3. Process of Accreditation. The application for accreditation of geodetic engineers mentioned above shall be filed with the concerned regional office. The application shall be processed by a team headed by the Chief of the TMSD, Engineer III, and at least one (1) Geodetic Engineer, as members. For purposes of accreditation, the following must be taken into consideration: a. Competence to conduct AD/AL survey evidenced by a list of surveyed projects; b. Possession of survey equipments duly registered and calibrated by NAMRIA and LMB; c. Certification by the NCIP that he/she has undergone orientation on the conduct of AL/AD surveys and Salient features of the IPRA on delineation; and d. Certification of Good Moral Standing from the Geodetic Engineers of the Philippines (GEP). After satisfying all the above requirements, the team shall endorse said application to the RD for the issuance of the certificate of accreditation. The regional office shall furnish the ADO copy of all issued accreditations. Questions/complaints against any accredited geodetic engineer may be raised within thirty (30) days from issuance of the accreditation before the concerned RD, whose decision on the matter shall be final. Section 4. Bond of Accredited Geodetic Engineer/Contractor Geodetic Engineer. Upon issuance of certificate of accreditation, the concerned GE shall post a bond to be fixed by ADO to guaranty the faithful and efficient execution of the survey. It shall also cover expenses that may be incurred resulting from rectification of errors in the survey committed by the geodetic engineer, without prejudice to the collection of additional charges should the extent of damages amount to more than the posted bond. The bond shall continue to be in force until the surveys are completed and approved. The bond shall be released if the survey returns are satisfactory. However, if the ADO director issues an order rejecting or cancelling the survey on justifiable grounds, such order shall become final after ten (10) days from receipt by the concerned geodetic engineer, should no motion for reconsideration be filed by the latter within said period. The performance bond shall be in the form of a Cash Bond, to be deposited with the concerned Regional Office, or surety bond procured from a bonding company. Page 17 of 26 Revised Omnibus Rules on Delineation and Recognition of Ancestral Domains and Lands of 2012

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