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9.6
Amendment of the AD/AL Survey Plan by the NCIP - The NCIP, upon receipt of the
agencies' certifications or findings on the projeetion of the AD/AL survey plan, shall
segregate! exclude sueh titled properties and approved survey plans from the survey plan
and the technieal description of the AD/AL. The NCIP has the primary duty and
responsibility to seeure all necessary data to be used in the segregation/exelusion process.
9.7
Final Projection of the Amended AD/AL Survey Plan. - The certified copy of amended
AD/AL survey plan shall then be resubmitted by NCIP to the LRA, DENR and DAR anew
for final projection and concurrence.
Previous AD/AL Survey Plan where RUIs were reflected shall also be attached which
forms part of the documents re-submitted to the DENR.
The LRA, DENR and DAR have fifteen (15) working days from receipt of the AD/AL
amended survey plan within which to return the same to NCIP and to issue the Certification
of No Overlap (CNO). The l5-day period may be extended based on a letter-request from
the concerned agencies whieh may be granted only on meritorious grounds.
Sec. 10. Processing of Applications for Land Patents/Titles by DAR and DENR. DAR and DENR
shall not proeess titles pursuant to their mandates over agricultural alienable and disposable (A and D)
lands that are certified by NCIP as AD/AL provided that such eertification has been issued pursuant to
and in compliance with Section 13 of the JAO on projection of survey plans and issuance of Certification
of Non-overlap.
Sec. 11. CLOAs Issued in National Parks/Protected Areas, Critical Habitat, Forest Reserve,
Reforestation, and Other Conservation Areas. Issues relating to CLOAs in areas outside CARP
coverage by virtue of Section (10) of the RA. No. 6657 shall be submitted to the Joint Regional
Committee. The Joint Regional Committee shall require the DENR and DAR to submit the relevant
documents, data, survey plans, land classification maps and other information. If the land covered by
CLOA is confirmed to be outside CARP coverage, the Joint Regional Committee shall issue a resolution
endorsing the cancellation of the CLOA by the DAR Secretary.
Concerned communities can also file directly cancellation cases before the DAR Secretary in aecordance
with the provision of DAR Administrative Order No.6, series of 20 II.
Sec. 12. Existing Resource Use Instruments (RUIs) Within AD/AL. Existing Resource Use
Instruments (RUIs) in the form of contracts, licenses, concessions, leases, and permits for the exploitation
of natural resources within ancestral lands/domains may continue to be in force and effect until they
expire. Thereafter, such RUIs 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 Rills
may be terminated for cause upon violation of the terms and conditions thereof in accordance with
procedures under applicable rules and regulations.
Thus, the CADT/CALT to be registered shall contain a typewritten or a stamped proviso that the same is
subject to Section 56 ofIPRA (RA 8371) to read as follows:
"Section 56. Existing Property Rights Regimes. - Property rights within the ancestral
domains already existing and/or vested upon effectivity of this Act, shall be recognized
and respected".
Within six (6) months prior to the expiration of any RUI holder thereof, the DENR shall notify the
concerned Rill holder that in case of renewal, the Free and Prior Informed Consent (FPIC) of the
concerned community shall be secured by the RUI holder.
Sec. 13 Exclusion or Segregation of all Lands Covered by Titles. In the delineation and titling of
ADs/ALs. the NCIP must exclude or segregate all lands covered by titles. For this purpose, the registered
owner of the land may opt to submit to the NCIP a eopy of the title of the property to facilitate
segregation or exclusion pursuant to existing guidelines and other pertinent issuanees. Should the
registered owner fail to submit a copy of the title to the NCIP, the latter shall secure said copy from the
ROD concerned.
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