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The lCCslIPs, however, are not precluded from questioning the validity of these titles in a proper forum
as hereunder enumerated:
13.1 DAR Secretary for registered EPs or CLOAs; and
13.2 Regional Trial Court for registered patell1s/judicially-decreed titles.
Sec. 14. Non-Processing of Titles on Lands Certified by the Nap Except in Areas with Prior and
Vested Rights. The DAR and DENR shall not process titles pursuant to their mandate on lands certified
by NCIP as ancestral domain or ancestral lands except in areas with prior and vested rights.
Provided, however, that the certification by NCIP on lands as Ancestral Domains or Ancestral Lands
pursuant to Section 52 (i) of IPRA presupposes that the provision of Section 13 of the JAO on the
projection of survey plans and issuance of Certification ofNon-Qverlap have already been complied v.ith.
Sec. 15. Notification ofthe NClP in Conflict Areas. The DAR and DENR shall, before processing or
further processing applications for land titles pursuant to their respective mandates involving conflict
areas (i.e., identified by the agencies concerned with pending/overlapping jurisdictionaVoperational issues
or conflicting claims which are contentious or potentially contentious), must notify NCIP of the specific
area to be titled and the latter shall certify, subject to the provisions of Section 13 ofthe JAO and Section
9 hereof on projection of survey plans and issuance of certification of non-overlap, whether the same
affects an AD or AL.
Sec. 16. Endorsement in Case of Overlapping With Any Proclamation, Reservation or Other
Similar Issuance. In case there is overlapping with any proclamation, reservation or any other similar
issuances, the endorsement mentioned in Section 13 of the JAO shall likewise contain such [rodings to
enable the NCIP to comply with the provisions of Paragraph 13 of Joint LRA-NCIP Memorandum
Circular No. I, series of 2007 which states:
"Section 13. Where the Ancestral Domain or Ancestral Land is overlapped by any
proclamation or reservation, the area covered by the said proclamation shall be so
indicated in the survey plan.
The certification to be issued by the NClP showing that it has complied with Sec. 52 (i)
ofR.A. No. 8371 and the Resolution of the Commission approving the CADT/CALT
shall form part ofthe documents to be submitted to LRA as basis for the issuance ofthe
appropriate authority to register."
.
Sec. 17. Exclusion/Segregation of Resettlement Areas and Reservations Covered by CARP. Pursuant
to Executive Order No. 407, Series of 1990, as amended by Executive Order No. 448, Series of 1991,
resettlement areas and reservations proclaimed for DAR or for other government agencies but have been
turned-over to DAR for CARP eoverage classified as alienable and disposable, which overlap with
ADslALS shall be treated in accordance with Section 56 and Section 7(g) of lPRA in relation to Section
3(h) of the JAO following the procedures under Section 13 ofthe JAO and Section 9 hereof
However, areas classified as furests or timberlands within said proclamations and reservations should not
be segregated from the AD/AL and shall not be covered under CARP.
Sec. 18. CARP Coverage of Titled Properties. Titled lands under the Torrens System issued prior to the
effectivity of lPRA (i.e., 29 October 1997) are deemed vested rights pursuant to the provision of Section
560fIPRA.
Accordingly, the DAR shall proceed with the CARP coverage of said lands unless a Restraining Order is
issued by the Supreme Court without prejudice, however, to the rights of the lCCslIPs to question the
validity ofthese titles before a court or body of competell1 jurisdiction.
Sec. 19. Notification of the NClP by DAR in Case of CARP Coverage of Untitled Lands. In case of
coverage of untitled lands under CARP pursuant to DAR-DENR M.e. 2003-1, involving identified
contentious or potentially contentious areas as defined in the JAO and this Circular, the DAR shall notify
the lCCslIPs through NCIP of such coverage and in case the lCCslIPs register an opposition/adverse
claim, such coverage will be suspended by DAR until the issue has been resolved.
v