10/12/2019 E-Library - Information At Your Fingertips: Printer Friendly contentious areas/issues which are subject of operational issues and conflicting claims between and among the DAR, the DENR and the NCIP, as follows: a. Untitled lands being claimed by the ICCs/IPs to be part of their AD/AL which are covered by approved survey plans and also being claimed by the DAR and/or the DENR. b. Titled lands with registered Certificate of Land Ownership Awards (CLOAs), Emancipation Patents (EPs), and Patents within Certificate of Ancestral Domain Title (CADT)/Certificate of Ancestral Land Title (CALT)/Certificate of Ancestral Domain Claim (CADC)/Certificate of Ancestral Land Claim (CALC). c. Resource access/development instruments issued by the DENR over lands within Ancestral Land/Domain Claims such as, but not limited to, Community-Based Forest Management Agreement (CBFMA), Integrated Forest Management Agreement (IFMA), Socialized Forest Management Agreement (SIFMA), Protected Area Community-Based Resources Management Agreement (PACBRMA), Forest Land Grazing Management Agreement (FLGMA), Co-Management Agreement, Certificate of Stewardship Contract (CSC), Certificate of Forest Stewardship Agreement (CFSA), Wood Processing Plant Permit (WPPP), Special Land Use Permit (SLUP), Private Land Timber Permit (PLTP), Special Private Land Timber Permit (SPLTP), and Foreshore Lease Agreement/Permit (FLA/FLP). d. Exploration Permit (EP), Financial or Technical Assistance Agreement (FTAA); Mineral Agreement (either Production Sharing, Co-Production or Joint Venture) issued within CARP-covered areas. e. Reservations, proclamations and other special law-declared areas a portion or the entirety of which is subsequently issued a CADT/CALT. f. Areas with existing and/or vested rights after the registration of the CADTs/CALTs but for any reason not segregated/excluded. g. Other jurisdictional and operational issues that may arise between and amongst the DAR, the DENR and the NCIP as may be determined by the National/Regional/Provincial Joint Committees, as created under Section 19 of the Joint Administrative Order. h. Formal complaints filed by concerned ICCs/IPs or by the NCIP in behalf of the ICCs/IPs over those identified titled areas found within the AD/AL. It is inevitable that disputes will arise involving the above-stated contentious areas/issues, and affecting the rights of parties who are non-IPs or those who belong to different ICCs/IPs groups. As a matter of fair play and due process, however, such parties cannot be compelled to comply with the two conditions[53] before such disputes may be brought before the NCIP under Section 66 of the IPRA, since IPs/ICCs are recognized to have their own separate and distinct customary laws and Council of Elders/Leaders. Hence, the Court cannot sustain the view that the NCIP shall have exclusive and original jurisdiction over all claims and disputes involving rights of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63044 16/32