Documente Academic
Documente Profesional
Documente Cultură
They are:
-refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their
ancestral domains identified and delineated in accordance with the IPRA.
Applicable to land continuously occupied, owned, possessed since time immemorial by IPs and ICCs
(native to the area where land is located).
Territories included :
a. Land
1. Alienable or not
2. Utilized as:
a. ancestral land
b. forest
c. pasture land
d. residential land
e. agricultural land
f. hunting ground
g. burial grounds
h. worship areas
i. mineral lands
j. home ranges of nomadic tribes
b. Inland waters
c. Coastal areas
d. Natural resources
-refers to a title formally recognizing the ownership rights of ICCs/IPs over their ancestral lands.
Applicable in land continuously occupied, possessed and utilized since time immemorial by individuals,
families or clans who are members of ICCs/IPs under a claim of individual or traditional group ownership.
ICC/IP applicants must be Filipino citizens and are native to the land subject to application.
For non-native (migrant IPs): additional requirement of 30 years continuous possession prior to the
effectivity of the IPRA law.
1
LTD l Howard Chan
1. Filing of Application/Petition
a. Name/s of applicant/s
b. Tribe or ethno-linguistic group
c. specific location/coverage of the AL/AD
d. General information of the land/domain applied for including its estimated area;
e. Signature/s or thumb-mark/s of applicant or duly authorized representatives of the
clan/family/individual or community.
Document Needed
CADT CALT
Notarized Letter/Resolution of Intent Notarized Letter/Resolution of Intent signed
signed by the majority of the traditional by the ICC/IP applicant
council of elders/leaders
Statement that the application was a Statement that subject area is his/her
community decision arrived at in ancestral domain since time immemorial
accordance with customary processes
Statement that subject area is their If there are co-owners and their presence
ancestral domain since time is apparent, their verified conformity should
immemorial . be presented.
If application is to be accomplished by a representative of the actual applicant, a
special power of attorney should be presented.
Community or Provincial Delineation Team shall review application. If found sufficient, CDT or
PDT shall transmit application to the Director of Lands and DENR via registered mail with return
card.
2
LTD l Howard Chan
Work and Financial Plan shall be prepared by CDT or PDT upon finding that application is
sufficient.
Stipulated in the WFP are the participation, undertaking, and/or counterparts and other
agreements of the concerned community, partner NGO/s, LGU/s, and other agencies.
a. Name/s of party/ies
b. Date of preparation
c. Specific location of the project
d. Approximate total of Ancestral land/domain area
e. Estimated total IP population/right holders
f. Ethnic group/s living in the area
g. Kind of application
h. Brief description of the landscape area
i. Status of the accomplished activities if any
j. Total amount needed to complete the project
k. Initial amount already expended, if any
l. Source of funds
m. Specific activities and timeframe for its accomplishment
n. Physical output indicator for each activity
o. Name, address and contact number(s) of contact person(s) of participating LGU, NGO, IPO
or any support group, if any
p. Specific activities clearly indicating the counterparts of the partner LGU, NGO, IPO or any
support group, if any
q. Such other undertakings or agreements of the parties.
a. Applicant
b. Adjacent communities/owners
c. Director of Lands
d. Gov’t agencies claiming jurisdiction over the area, if any
e. Concerned LGUs
**For CALT: Notice should be given at least 5 days before delineation activity.
**For CADT: Notice should be given at least 15 days before delineation.
Salient features of IPRA law, i.e. communal ownership, cultural integrity etc. are discussed with
applicants and all those concerned.
3
LTD l Howard Chan
PDT/CDT shall assist ICCs/IPs in gathering the testimony of elders, historical accounts,
genealogical data, census of population, preparation on the indicative map and other secondary
data.
8. Ocular Inspection
For details and extent of the land to be determined. Conducted by CDT/PDT with the elders.
9. Resolution of Conflicts/Disputes
Documents and other proofs shall be validated in an assembly facilitated by the PDT.
11. Preparation of Social Preparation Accomplishment Report (SPAR) for Issuance of Work
Order/Survey Authority
PDT/CDT shall prepare the SPAR which is a summary of all its activities conducted in the
delineation. This is submitted to the Regional Review Body (RRB).
After review of the SPAR by the RRB, the Regional Director shall endorse the same to the
Ancestral Domains Office Director for the issuance of Work Order or Survey Authority as the case
may be.
The Regional Director, within 15 working days from receipt of the Work Oder/Survey Authority
(from ADO), shall direct the commencement and completion of survey activities.
To be submitted to the ADO. ADO shall cause the correction of any technical defect. Then
presented to the applicant for validation.
15. Notice and Publication of CADT/CALT Application (follow provision of Section 52, IPRA)
Initiated by PDT/CDT.
4
LTD l Howard Chan
NOTE: CADCs & CALCs are just merely recognized claims of ownership provided to IPs prior
to IPRA. CADC and CALC holders may still apply for CALT/CADT without going through the
entire process under IPRA.
Publication may appraise anyone who has a valid ground to oppose. Opposition may be
raised in any of these instances:
a. Adverse claim
b. Fraudulent/False application
c. Area being claimed is not an ancestral domain/land
d. Area being claimed encroaches into a nearby ancestral domain/land
**Any unresolved dispute arising from the above shall be elevated before the Regional
Director. The PDT/CDT shall elevate so within 30 days from determination that diligent
effort has failed to resolve dispute.
ADO does the approving. NCIP engineers et al must conform with ADO guidelines.
An AL/AD Recognition Book shall be prepared by PDT/CDT containing the final report of the
PDT/CDT, RRD report, Conflict resolution report, and the endorsement by RD or ADO based on
RRB report.
**PDT/CDT shall submit its final report to the RRB w/in 15 days from last day of publication.
RRB has 20 days from receipt of final report from CDT/PDT to prepare and submit its own report
to the RD.
If RD requires additional evidence, he shall issue a memorandum. If not, he shall prepare his
endorsement to form part of the Recognition Book. Then have the book be transmitted to ADO.
5
LTD l Howard Chan
Deliberations shall consist of 3 readings. 1st and 2nd reading shall be conducted by the
Commission sitting in Division.
rd
3 reading may be en banc if corresponding division endorses so.
rd
After 3 reading, Commission shall issue its final disposition.
If Commission came up with a favorable resolution, ADO shall prepare the title (CADT/CALT)
duly reviewed by the Legal Affairs Office before submission to the Commission for signing.
If Commission denied application, ADO shall, within 5 days from receipt of said resolution, notify
the applicant’s of such denial. Copy of the Resolution shall be given to the applicant as well
remedies available to the applicant.
ADO through PO/CDO shall assist owners in the registration of their title before the local Register
of Deeds.
For CADT: Owner bears registration fee except Assurance Fund premium.
For CALT: Owner bears all fees including Assurance Fund premium.
Done after registration by the NCIP. Certification is subsequently sent to LMS-DENR for records
purposes.
FAQs
What are the legal bases for the enactment of the IPRA?
The legal bases are International Treaties and Conventions (ILO Convention 169 & the UN Draft of the
Rights of indigenous Peoples), the express mandates of the 1987 Constitution:
The State recognizes and promotes the rights of indigenous cultural communities within the framework of
national unity and development.
The State, subject to the provisions of this Constitution, and national development policies and programs,
shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain.
6
LTD l Howard Chan
The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance
with law, in the disposition or utilization of other natural resources, including lands of the public domain
under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small
settlers, and the rights of indigenous communities to their ancestral lands.
xxx
The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve
and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
IPs/ICCs defined:
A group of people sharing common bonds of language, customs, traditions, and other distinctive cultural
traits, and who have, under the claims of ownership since time immemorial, occupied, possessed and
utilized a territory.
Native Title
This recognizes that ICCs/IPs are the private owners of areas and territories that they have possessed,
occupied, and utilized since time immemorial and as such, have never been part of the public domain.
Rights included:
a. To protect flora, fauna, watershed areas and other reserves within the domains to preserve
and maintain ecology therein.
b. To actively initiate, or undertake and participate in reforestation of denuded areas and to
participate in other development projects and programs subject to just and reasonable
remuneration.
c. To observe and comply with the provisions of this Act and the rules and regulations for its
effective implementation.
7
LTD l Howard Chan
Yes. This situation is the result of past encroachment by non-IPs into formerly intact domains of some
ICCs/IPs. This resulted to scattered ALs. This case is prevalent in IP territories that are now highly
urbanized.