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concentration of said communities.
Each Provincial Task Force on Ancestral Domains shall effect the
identification, delineation and recognition of ancestral domain claims of
indigenous cultural communities in its area of jurisdiction as well as the
formulation and execution of strategies and plans for the sustainable
development of the natural resources in these territories. Accordingly, it
shall determine, undertake and/or coordinate all activities necessary for
the proper discharge of this function; provided, that the actual survey of
ancestral domain claims shall be planned and executed by the Office of
the Regional Executive Director concerned.
Likewise, each Community Special Task Force shall, on the basis of
applications filed by individual or indigenous corporate (families or clans)
claimants, cause the identification, delineation and recognition of
ancestral land claims in its area of responsibility. For this purpose, it shall
undertake and/or coordinate all activities necessary for the proper
discharge of this function, including the investigation and ocular
inspection of such claims. (CA Rollo, pp. 20-37).
[4] "Pursuant to Section 22, Article II; Section 5, Article XII and Section 6, Article
XIII of the 1987 Constitution which provide for the recognition and protection of the
rights of the indigenous cultural communities to their ancestral lands to ensure their
economic, social and cultural well-being; Executive Order No. 192 which empowers
DENR to exercise exclusive jurisdiction on the management and disposition of all
lands of the public domain; and R.A. No. 7586 which provides for the due
recognition of ancestral domains and other customary rights in protected areas, the
following rules and regulations are hereby promulgated for the guidance of all
concerned."
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Sec. 9. Issuance of Certificates of Ancestral Land Claims.- The
Community Special Task Force on Ancestral Lands shall prepare and
submit to the Provincial Special Task Force on Ancestral Domains a report
on each and every application surveyed and delineated. Thereafter the
PSTFAD, after evaluating the reports shall endorse valid ancestral land
claims to the office of the Regional Executive Director for further review
and evaluation. Should the office of the Executive Regional Director find
such claims meritorious, it shall endorse the same through the Special
concerns Office to the Secretary for the issuance of Certificates of
Ancestral Land Claims(CALC), declaring and certifying the claim of
each individual or corporate (family or clan) claimant over
ancestral lands."
[5] Application no. BG-J-319.
[6] Montoya, J., ponente, JJ. Vidallon-Magtolis and Cosico, concurring.
[7] Court of Appeals decision, pp. 4-5.
[8] Sections 2 and 10, RA 7586. (1992).
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