10/12/2019
E-Library - Information At Your Fingertips: Printer Friendly
xxxx
h) Endorsement to NCIP. - Within fifteen (15) days from publication, and of
the inspection process, the Ancestral Domains Office shall prepare a report
to the NCIP endorsing a favorable action upon a claim that is deemed to
have sufficient proof. However, if the proof is deemed insufficient, the
Ancestral Domains Office shall require the submission of additional evidence:
Provided, That the Ancestral Domains Office shall reject any claim that is
deemed patently false or fraudulent after inspection and verification:
Provided, further, That 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: Provided,
furthermore, That in cases where there are conflicting claims among
ICCs/IPs on the boundaries of ancestral domain claims, 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 the
section below.
xxxx
SECTION 62. Resolution of Conflicts. - In cases of conflicting interest, where
there are adverse claims within the ancestral domains as delineated in the
survey plan, and which cannot be resolved, the NCIP shall hear and
decide, after notice to the proper parties, the disputes arising from
the delineation of such ancestral domains: Provided, That if the
dispute is between and/or among ICCs/IPs regarding the traditional
boundaries of their respective ancestral domains, customary process
shall be followed. The NCIP shall promulgate the necessary rules and
regulations to carry out its adjudicatory functions: Provided,further, That
any decision, order, award or ruling of the NCIP on any ancestral domain
dispute or on any matter pertaining to the application, implementation,
enforcement and interpretation of this Act may be brought for Petition for
Review to the Court of Appeals within fifteen (15) days from receipt of a
copy thereof.[39]
2. Section 53 on the NCIP-ADO's power to deny applications for CALTs and on the
NCIP's power to grant meritorious claims and resolve conflicting claims:
SECTION 53. Identification, Delineation and Certification of Ancestral Lands.xxxx
e) Upon receipt of the applications for delineation and recognition of
ancestral land claims, the Ancestral Domains Office shall cause the
publication of the application and a copy of each document submitted
including a translation in the native language of the ICCs/IPs concerned in a
prominent place therein for at least fifteen (15) days. A copy of the
document shall also be posted at the local, provincial, and regional offices of
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63044
10/32