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the NCIP and shall be published in a newspaper of general circulation once a
week for two (2) consecutive weeks to allow other claimants to file
opposition thereto within fifteen (15) days from the date of such publication:
Provided, That in areas where no such newspaper exists, broadcasting in a
radio station will be a valid substitute: Provided, further, That mere posting
shall be deemed sufficient if both newspapers and radio station are not
available;
f) Fifteen (15) days after such publication, the Ancestral Domains Office
shall investigate and inspect each application, and if found to be meritorious,
shall cause a parcellary survey of the area being claimed. The Ancestral
Domains Office shall reject any claim that is deemed patently false or
fraudulent after inspection and verification. In case of rejection, the
Ancestral Domains Office shall give the applicant due notice, copy furnished
all concerned, containing the grounds for denial. The denial shall be
appealable to the NCIP. In case of conflicting claims among individuals
or indigenous corporate claimants, the Ancestral Domains Office
shall cause the contending parties to meet and assist them in
coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to Sec. 62 of this Act. In
all proceedings for the identification or delineation of the ancestral domains
as herein provided, the Director of Lands shall represent the interest of the
Republic of the Philippines; and
g) The Ancestral Domains Office shall prepare and submit a report on each
and every application surveyed and delineated to the NCIP, which shall, in
tum, evaluate the report submitted. If the NCIP finds such claim
meritorious, it shall issue a certificate of ancestral land, declaring
and certifying the claim of each individual or corporate (family or
clan) claimant over ancestral lands.[40]
3. Section 54 as to the power of the NCIP to resolve fraudulent claims over ancestral
domains and lands:
SECTION 54. Fraudulent Claims. - The Ancestral Domains Office may, upon
written request from the ICCs/IPs, review existing claims which have been
fraudulently acquired by any person or community. Any claim found to be
fraudulently acquired by, and issued to, any person or community
may be cancelled by the NCIP after due notice and hearing of all
parties concerned.[41]
As can be gleaned from the foregoing provisions, the NCIP has primary jurisdiction over
these cases even if one of the parties is a non ICC/IP, or where the opposing parties are
members of different ICCs/IPs groups. Indeed, the questions involved in said cases
demand the exercise of sound administrative discretion requiring special knowledge,
experience, and services of the NCIP to determine technical and intricate matters of
fact.[42] No less than the IPRA states that the NCIP is the primary government agency
responsible for the formulation and implementation of policies, plans and programs to
promote and protect the rights and well-being of the ICCs/IPs and the recognition of
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