The NCIP, upon complaint of the ICCs/IPs, or on its own initiative, shall issue compulsory processes to stop or suspend any project that has not satisfied the consultation process and the requirements of Free and Prior Informed Consent of the ICCs/IPs or upon violation of any of the terms and conditions of the contract, lease, permit or production sharing agreement. The NCIP in collaboration with the ICCs/IPs concerned shall closely monitor the implementation of the Project and for this purpose may gain access to the premises, facilities, records and documents of the project to ascertain that their rights are adequately protected. Section 10. Right to Stop and Suspend Projects. The NCIP, may motu propio or upon the instance of ICCs/IPs, shall have the right to stop and suspend the implementation of any development program, project, policy or plan, and after due investigation and proof that consent was obtained due to manipulation, coercion, intimidation and deceit or where proponent has violated any or all of the terms and conditions stipulated in the Memorandum of Agreement. Whenever applicable and after due notice, the cash bond deposited or surety bond posted by the proponent shall be confiscated and forfeited to answer for compensatory measures shall be imposed upon the proponent. Section 11. Exemption from Taxes. All lands certified as Ancestral Domains shall be exempt from the payment of real property taxes, special levies, and other forms of exaction except such portions of the ancestral domains as are actually used for large-scale agriculture, commercial forest plantations and residential purposes or upon titling by private persons. All exaction shall be used to facilitate the development and improvement of the ancestral domains. For this purpose the NCIP shall coordinate with the appropriate government offices to facilitate the transfer of such revenues to the concerned ICC/IP community. For purposes hereof, residential houses refer to buildings or structures used as the personal residence of an individual and shall not include any indigenous houses that are used communally, such as, but not limited to, houses of worship and other similar structures for ritual purposes. Section 12. Temporary Requisition Powers. Prior to the establishment, organization and staffing of its survey divisions and/or units through which it can effectively fulfill its mandate, and within three (3) years after its creation, the NCIP may request the Department of Environment and Natural Resources, or engage private survey companies, to conduct the survey of ancestral lands/domains, under a Memorandum of Agreement. Such Memorandum of Agreement shall stipulate among others, a provision on technology transfer to the NCIP. The Secretary of the DENR shall accommodate any such request within one (1) month from its issuance. Section 13. Expropriation. Pursuant to Section 64 of the Act, expropriation of lands under existing laws may be resorted to for purposes of resolving conflicts of interest in relation to ancestral domains or for the promotion of the “common good”. RULE IX. JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS Section 1. Primacy of Customary Law. All conflicts related to ancestral domains and lands, involving ICCs/IPs, such as but not limited to conflicting claims and boundary disputes, shall be resolved by the concerned parties through the application of customary laws in the area where the disputed ancestral domain or land is located. All conflicts related to the ancestral domains or lands where one of the parties is a nonICC/IP or where the dispute could not be resolved through customary law shall be heard and adjudicated in accordance with the Rules on Pleadings, Practice and Procedures Before the NCIP to be adopted hereafter. All decisions of the NCIP may be brought on Appeal by Petition for Review to the Court of Appeals within fifteen (15) days from receipt of the Order or Decision. Page 49

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents