10/12/2019 E-Library - Information At Your Fingertips: Printer Friendly ICCs/IPs. Moreover, having in mind the principle that rules and regulations issued by administrative bodies to interpret the law which they are entrusted to enforce, have the force and effect of law, and are entitled to great respect,[54] the Court cannot ignore that Sections 14 and 16 of the Joint DAR-DENR LRA-NCIP Administrative Order provide for the proper forum where the contentious areas/issues involve lands with prior and vested property rights, thus: Section 14. Exclusion/Segregation of Lands Covered by Judicially Decreed Titles and Titles Administratively issued by DENR and DAR. In the delineation and titling of ADs/ALs, the NCIP must exclude and segregate all lands covered by titles. For this purpose, the registered owner of the land may opt to submit to the NCIP a copy of the title of the property to facilitate segregation or exclusion pursuant to existing guidelines and other pertinent issuances. The ICCs/IPs, however, are not precluded from questioning the validity of these titles in a proper forum as hereunder enumerated: 1. DAR Secretary for registered EPs or CLOAs; and 2. Regional Trial Court for registered patents/judicially-decreed titles. On the other hand, 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 hereof on the projection of survey plans and issuance of Certification ofNon-Overlap have already been complied with. xxxx Section 16. CARP Coverage of Titled Properties. Titled lands under the Torrens System issued prior to IPRA are deemed vested rights pursuant to the provision of Section 56 of IPRA. 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 ICCs/IPs to question the validity of these titles before a court or body of competent jurisdiction.[55] Note that the "property rights" referred to in Section 56[56] of the IPRA belong to those acquired by individuals, whether indigenous or non indigenous peoples, as said provision makes no distinction as to the ethnic originof the ownership of these rights. [57] Considering the rule on statutory construction that courts should not distinguish where the law does not do so, the IPRA thus recognizes and respects "vested rights" regardless of whether they pertain to IPs or non-IPs, and it only requires that these "property rights" already exist and/or vested upon its effectivity.[58] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63044 17/32