10/12/2019
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jurisdiction,
then
they
may do so
because we
have courts
nationwide.
Here
there
may be not
enough courts
of
the
commission.
Sen. Flavier
So
we
are
going to adopt
the
senate
version minus
the
words
"exclusive
original"?
Rep. Zapata
Yes,
Mr.
Chairman,
that's
my
proposal
Sen. Flavier
No, problem.
Okay,
approved.
xxxx[46]
The Bicameral Committee's removal of the words "exclusive and original"
mean that the NCIP shares concurrent jurisdiction with the regular courts.
Thus, I agree with the revised ponencia that it would be ultra vires for the
NCIP to promulgate rules and regulations stating that it as exclusive
jurisdiction.[47]
Another cogent reason why the NCIP's quasi-judicial jurisdiction over claims and
disputes involving rights of ICCs/IPs under Section 66 of the IPRA cannot be exclusive
and original, is because of the so-called "Contentious Areas/Issues" identified in the
Joint Department of Agriculture-Land Registration Authority-Department of
Environment and Natural Resources-National Commission on Indigenous Peoples (DARDENR-LRA-NCIP) Administrative Order No. 01, Series of 2012.[48] Such contentious
matters arose in the course of the implementation of the Comprehensive Agrarian
Reform Law,[49] the IPRA, the Public Land Act,[50] and the Land Registration Act,[51] as
amended by the Property Registration Decree,[52] which created not only issues of
overlapping jurisdiction between the DAR, DENR and NCIP, but also operational issues
and conflicting claims in the implementation of their respective programs.
Section 12 of the Joint DAR-DENR-LRA-NCIP Administrative Order defines those
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