04/02/2020
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continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered into by
government and private individuals/corporations, and which are
necessary to ensure their economic, social and cultural welfare. It shall
include ancestral lands, forests, pasture, residential, agricultural, and
other lands individually owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds, worship areas, bodies of
water, mineral and other natural resources, and lands which may no
longer be exclusively occupied by ICCs/IPs but from which they
traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators;
b) Ancestral Lands.-- Subject to Section 56 hereof, refers to land
occupied, possessed and utilized by individuals, families and clans who
are members of the ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or
traditional group ownership, continuously, to the present except when
interrupted by war, force majeure or displacement by force, deceit,
stealth, or as a consequence of government projects and other voluntary
dealings entered into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or paddies,
private forests, swidden farms and tree lots."
Ancestral domains are all areas belonging to ICCs/IPs held under a claim of
ownership, occupied or possessed by ICCs/IPs by themselves or through their
ancestors, communally or individually since time immemorial, continuously until the
present, except when interrupted by war, force majeure or displacement by force,
deceit, stealth or as a consequence of government projects or any other voluntary
dealings with government and/or private individuals or corporations. Ancestral
domains comprise lands, inland waters, coastal areas, and natural
resources therein and includes ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned whether alienable or not,
hunting grounds, burial grounds, worship areas, bodies of water, mineral
and other natural resources. They also include lands which may no longer be
exclusively occupied by ICCs/IPs but from which they traditionally had access to for
their subsistence and traditional activities, particularly the home ranges of ICCs/IPs
who are still nomadic and/or shifting cultivators.[116]
Ancestral lands are lands held by the ICCs/IPs under the same conditions as
ancestral domains except that these are limited to lands and that these lands are not
merely occupied and possessed but are also utilized by the ICCs/IPs under claims of
individual or traditional group ownership. These lands include but are not limited to
residential lots, rice terraces or paddies, private forests, swidden farms and tree lots.
[117]
The procedures for claiming ancestral domains and lands are similar to the
procedures embodied in Department Administrative Order (DAO) No. 2, series of
1993, signed by then Secretary of the Department of Environment and Natural
Resources (DENR) Angel Alcala.[118] DAO No. 2 allowed the delineation of ancestral
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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