Volume 13 Number 1 - University of the Philippines College of Law

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January - March 2002 National Administrative Register 367 (SGD.) ANTONIETA FORTUNA-IBE (SGD.) ROSALINDA D. BALDOZ Chairperson, Professional Regulation Administrator, Philippine Overseas Commission (PRC) Employment Administration (POEA) (SGD.) WILHELM D. SORIANO (SGD.) OSCAR M. SEVILLA Administrator, Overseas Workers Administrator, Maritime Industry Welfare Administration, (OWWA) Authority (MARINA) (SGD.) VADM. REUBEN S. LISTA (SGD.) ESTER A. GARCIA Commandant, Philippine Coast Guard Chairman, Commission on Higher (PCG) Education, (CHED) (SGD.) VICENTE F. ALDANESE, JR. (SGD.) GREGORIO S. OCA Private Sector Representative Private Sector Representative Filipino Association for Mariners Associated Marine Officers and Employment (FAME) Seamenís Union of the Philippines (AMOSUP) (SGD.) ROSALINDA V. TIRONA (SGD.) JOSE T. TALE Assistant Secretary Deputy Executive Secretary Department of Foreign Affairs (DFA) Office of the President (SGD.) LORNA O. FAJARDO Executive Director NATIONAL COMMISSION ON INDIGENOUS PEOPLES Date Filed: 29 January 2002 NCIP Administrative Order No. 1, s. 2002 Guidelines for the Review and Verification of the Certificates of Ancestral Domain Title (CADT) and Certificates of Ancestral Land Title (CALT) Approved by the First Commission En Banc of the National Commission on Indigenous Peoples but Were Neither Registered with the Register of Deeds nor Released to the Claimants-Owners Pursuant to the provisions of Sections 44 (e), 51, 52, 53 and 54, R.A. 8371, otherwise known as ìThe Indigenous Peoples Rights Act of 1997î the following guidelines are hereby promulgated for the information and guidance of all concerned: Section 1. Objective. The guidelines are hereby promulgated in order to determine with finality the validity of the Certificates of Ancestral Domain Title (CADT) and Certificates of Ancestral Land Title (CALT) approved by the first Commission of the NCIP.
368 National Administrative Register Volume 13/1 Section 2. Scope. These guidelines shall apply only to the ten (10) Certificates of Ancestral Domain Title (CADT) and six hundred five (605) Certificates of Ancestral Land Title (CALT) approved by the first Commission of the NCIP during their incumbency but were neither registered with the Register of Deeds nor released to the claimants-owners before the expiration of their term of office on February 23, 2001. These CADTs and CALTs are now in the custody of the Ancestral Domains Office of this Commission. Section 3. Definition of Terms. The following terms and phrases, as used herein, are defined hereunder, thus: a. Commission shall refer to the National Commission on Indigenous Peoples. b. Material defects - refer to defects in the material facts and documents relative to the petition. A fact is material where the knowledge or ignorance of it will naturally influence the judgment of the Commission in deciding whether the CADT or CALT will be granted or not. c. Infirmity - where the documents and evidences submitted in support of the petition for issuance of CADT or CALT are grossly insufficient that it cannot establish the necessary facts. d. Fraud - a false representation of fact, made with knowledge of its falsehood, or recklessly, without belief in its truth, with the intention that it should be acted upon by the Commission and actually inducing the Commission to act upon it. Failure to disclose facts, when there is a duty to reveal them, constitutes fraud. e. Force - where physical or moral strength has been applied to cause the signing of the CADT or CALT to overcome opposition. f. Intimidation consists in causing or creating a fear in the mind of a person or in bringing in a sense of mental distress in view of a risk or evil that may be impending reality or imagination. There is intimidation when one of the parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property to give his/her consent. g. Misrepresentation - A false representation of a material fact by the applicant to the Commission, tending directly to induce the latter to approve the petition, when otherwise the Commission might not approve the petition at all. Section 4. Creation and Functions of the Special Committee on Review and Verification. The Chairperson shall create a Special Committee on Review and Verification which shall exercise the following functions and duties, viz: a. to direct and supervise the review and verification of the CADTs and CALTs subject hereof; b. to examine and evaluate the documentary evidence submitted in support of each petition for the issuance of CALT or CADT and recommend to the Commission the appropriate action;
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Volume 13 Number 1 - University of the Philippines College of Law

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