d) Formulation of Ancestral Domain Sustainable Development and Protection Plan
(ADSDPP). The concerned ICC/IP, through its IPO and/or Council of Elders, and with the
assistance of the NCIP, shall formulate its Ancestral Domain Sustainable Development and
Protection Plan;
e) Validation of ADSDPP. With the assistance of the NCIP, the IPO and/or Council of Elders
shall conduct assemblies among the ICC/IP members for the validation and approval of the
ADSDPP.
f) Submission of ADSDPP to NCIP. Upon validation and approval, the IPO and/or the
Council of Elders shall submit the ADSDPP to the NCIP for their information and
concurrence. The ADSDPP shall form part of the data base on ICC/IP communities in the
country, in relation to development projects, programs and activities within the ancestral
domain, which the NCIP is mandated to establish.
g) Conversion of Ancestral Domain Management Plans (ADMPs) to Ancestral Domain
Sustainable Development and Protection Plans (ADSDPPs). ICCs/IP communities have
the option to convert or modify their existing Ancestral Domain Management Plans prepared
and completed pursuant to DENR-DAO 96-34 into Ancestral Domain Sustainable
Development and Protection Plan in accordance with these rules.
Section 4. Management of Joint Undertakings Within Ancestral Domains. The
ICCs/IPs shall have priority rights in the harvesting, extraction, development or exploitation of
the natural resources within the ancestral domain. Should the ICCs/IPs give their free and prior
informed consent to any development activity, project, program or plan to be implemented by any
government or private entity, they shall have the following rights:
a) The right to an informed and intelligent participation in the formulation and implementation
of the project;
b)
The right to receive just and fair compensation for any damage or loss which may be
sustained as a result of such project;
c) The right to benefit sharing; and
d) The right to exercise visitorial powers and take appropriate action to safeguard the rights of
the community under the same contract.
Section 5. Existing Property Rights Regimes. Property rights within the ancestral
domains already existing and/or vested upon effectivity of the Act, shall be recognized and
respected.
Section 6. Existing Contracts, Licenses, Concessions, Leases, and Permits Within
Ancestral Domains. Existing contracts, licenses, concessions, leases and permits for the
exploitation of natural resources within the ancestral domain may continue to be in force and
effect until they expire. Thereafter, such contracts, licenses, concessions, leases and permits shall
not be renewed without the free and prior informed consent of the IP community members and
upon renegotiation of all terms and conditions thereof. All such existing contracts, licenses,
concessions, leases and permits may be terminated for cause upon violation of the terms and
conditions thereof.
Section 7. Right To Manage Protected and Environmentally Critical Areas. The
ICCs/IPs, through their POs and/or Council of Elders, shall determine the terms and conditions
for the exploration of natural resources within the ancestral domain for the purpose of ensuring
ecological balance, environmental protection and conservation. Accordingly, the ICCs/IPs, with
the assistance of the NCIP, shall:
a)
Inventory of all Portions of Ancestral Domains. Conduct an inventory of all portions of
ancestral domains which have been determined by appropriate government agencies as
necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected
areas, forest cover or reforestation, national parks, or natural parks for purposes of
evaluating the same under their own parameters;
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