10/12/2019
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k) National Commissian on Indigenous Peoples (NCIP) - refers to the office created
under this Act, which shall be under the Office of the President, and which shall be the
primary government agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;
[69] Section 38. National Commission on Indigenous Cultural Communities/Indigenous
Peoples (NCIP). - To carry out the policies herein set forth, there shall be created the
National Commission on ICCs/IPs (NCIP), which shall be 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 their ancestral domain as well as their rights thereto.
[70] Section 5. Jurisdiction of the NCIP. - The NCIP through its Regional Hearing Offices
shall exercise jurisdiction over all claims and disputes involving rights of ICCs/IPs and
all cases pertaining to the implementation, enforcement, and interpretation of R.A.
8371, including but not limited to the following:
(1) Original and Exclusive Jurisdiction of the Regional Hearing Office (RHO)
a. Cases involving disputes and controversies over ancestral
lands/domains of ICCs/IPs;
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(2) Original Jurisdiction of the Regional Hearing Officer:
a. Cases affecting property rights, claims of ownership, hereditary
succession, and settlement of land disputes, between and among
ICCs/IPs that have not been settled under customary laws; and
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(3) Exclusive and Original Jurisdiction of the Commission:
a. Petition for cancellation of Certificate of Ancestral Domain
Titles/Certificate of Ancestral Land Titles (CADTs/CALTs) alleged to
have been fraudulently acquired by, and issued to, any person or
community as provided for under Section 54 of R.A. 8371. Provided
that such action is filed within one (1) year from the date of
registration.
[71] Land Bank of the Philippines v. Suntay, 678 Phil. 879, 913-914 (2011).
CONCURRING OPINION
LEONEN, J.:
I maintain my concurrence with the well written opinion of Justice Diosdado M. Peralta
clarifying the application of Section 66[1] of Republic Act No. 8371, otherwise known as
the Indigenous Peoples' Rights Act of 1997. I can do no better than to reiterate his
words:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63044
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