04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly attempt to settle the dispute that the same has not been resolved.[13] In addition, NCIP Administrative Circular No. 1-03 dated April 9, 2003, known as the Rules on Pleadings, Practice and Procedure Before the NCIP, reiterates the jurisdiction of the NCIP over claims and disputes involving ancestral lands and enumerates the actions that may be brought before the commission. Sec. 5, Rule III thereof provides: Sec. 5. Jurisdiction of the NCIP.--The NCIP through its Regional Hearing Offices shall exercise jurisdiction over all claims and disputes involving rights of ICCs/IPs and all cases pertaining to the implementation, enforcement, and interpretation of R.A. 8371, including but not limited to the following: (1) Original and Exclusive Jurisdiction of the Regional Hearing Office (RHO): a. Cases involving disputes and controversies over ancestral lands/domains of ICCs/IPs; b. Cases involving violations of the requirement of free and prior and informed consent of ICCs/IPs; c. Actions for enforcement of decisions of ICCs/IPs involving violations of customary laws or desecration of ceremonial sites, sacred places, or rituals; d. Actions for redemption/reconveyance under Section 8(b) of R.A. 8371; and e. Such other cases analogous to the foregoing. (2) Original Jurisdiction of the Regional Hearing Officer: a. Cases affecting property rights, claims of ownership, hereditary succession, and settlement of land disputes, between and among ICCs/IPs that have not been settled under customary laws; and b. Actions for damages arising out of any violation of Republic Act No. 8371. (3) Exclusive and Original Jurisdiction of the Commission: a. Petition for cancellation of Certificate of Ancestral Domain Titles/Certificate of Ancestral Land Titles (CADTs/CALTs) alleged to have been fraudulently acquired by, and issued to, any person or community as provided for under Section 54 of R.A. 8371. Provided that such action is filed within one (1) year from the date of registration. In order to determine whether the NCIP has jurisdiction over the dispute in accordance with the foregoing provisions, it is necessary to resolve, on the basis of the allegations in their petition, whether private respondents are members of ICCs/IPs. In their petition[14] filed before the NCIP, private respondents, members of the Ibaloi tribe who first settled in Baguio City, were asserting ownership of portions of the Busol Forest Reservation which they claim to be their ancestral lands. Correctly denominated as a petition for injunction as it sought to prevent the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/48710 4/8

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