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

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January - March 2002 National Administrative Register 373 d) Self-Delineation - the ancestral domain/lands shall be identified and delineated by the ICC/IPs themselves through their respective council of elders/leaders whose members are identified by them by customary practice. The metes and bounds of ancestral domains shall be established through traditionally recognized physical landmarks, such as, but not limited to, burial grounds, mountain ridges, hills, creeks, stone formation and the like. e) Cultural Integrity - within ancestral domain/lands, the holistic and integrated adherence of indigenous peoples to their respective customs, beliefs, traditions, indigenous knowledge systems and practices, and the assertion of their character and identity as peoples shall remain inviolable. All activities pertinent to the identification, delineation and recognition of the ancestral domain/lands of ICC/IPs shall be in consultation with them and measures must be taken to ensure that the culture and traditions of the concerned ICC/IPs are applied or utilized in the process. f. Inter-agency and NGO Collaboration and Community Support - The collaboration of other government agencies and the involvement and participation of the ICCs/IPs in the process shall be greatly encouraged and vigorously pursued. NGOs who have actively assisted a particular ICC/IP in the processing of their claim is given preference over any other NGOs desiring to collaborate, subject to the written consent of the ICC/IP through their recognized elders/leaders for this particular undertaking. g. Peace Building - The validation of CADCs/CALCs and the consequent issuance of CADTs/ CALTs as well as the delineation and recognition of ancestral land/domain claims shall foster peace among ICC/IPs and between IPs and non-IPs. h. Adherence to Philippine Reference System of 1992 - Conduct of actual ground survey to complete the delineation process to be had for the purpose of conversion of a CADC/ CALC applied for, whether to be surveyed by the government, private surveyors or by collaborating NGOs and other mapping institutions, shall conform with the Philippine Reference System of 1992. i. Policy on Survey and the Survey Manual - Upholding the principle of self-delineation and in deference to existing laws on surveys, NCIP shall formulate and adopt its own policies on surveys that would harmonize both concerns. The same shall be embodied in the Survey Manual to be adopted by the Commission to govern the validation of surveys already had or to be had. For this purpose, the manual shall provide, among others, the procedure for the correction of erroneous, irregular, incomplete surveys, or defective surveys for want of authority. In no case shall the policy of self-delineation to be defeated by this operating principle. Section 7. Definition of Terms - For guidance, the terms defined in the Indigenous Peoples Rights Act and its Implementing Rules and Regulations are hereby adopted, including the terms defined herein below. a) Officially Delineated Ancestral Domain/Land Claim - refers to an ancestral domain/land claim that has been applied for conversion which, after undergoing the evaluation and validation process provided for under this guidelines, is found to have been properly identified, the process for the delineation was sufficiently, correctly and regularly undertaken, pursuant to and in conformity with, its appropriate delineation authority or directive, or, if found to be irregular, deficient or incorrect in some material aspect, that
374 National Administrative Register Volume 13/1 the regular process has already been complied with, the deficiency has been supplied for or corrected pursuant to this guideline and therefore qualifies for issuance of a CADT/ CALT as certified to by ADO. b) DENR - this refers to the Department of Environment and Natural Resources. c) Private Mapping Institution - this refers to private institution and or non-government organizations doing the survey and delineation of ancestral domains whether before or after the issuance of CADCs/CALCs, whose instruments used are certified by the NAMRIA, issued with Survey Authority by the NCIP and recognized by the ICC/IP through a written community resolution of the concerned ICCs/IPs. d) DAO No. 2 - this refers to DENR Administrative Order No. 02, series of 1993 that was promulgated to identify and delineate the ancestral lands and domains of indigenous cultural communities to ensure their social, economic and cultural well-being. e) DAO No. 61 - this refers to DENR Administrative Order No. 61, series of 1991 that was promulgated to identify and delineate the ancestral lands of indigenous cultural communities in the province of Palawan. f) Special Order No. 31 - this refers to DENR Special Order No. 31, series of 1990 that was promulgated to identify and delineate the ancestral lands and domains of indigenous cultural communities within the City of Baguio and the rest of the Cordilleras. g) Certificate of Ancestral Domain/Land Title (CADT/CALT) - refers to the land tenure instrument issued by the DENR recognizing the claim of indigenous cultural communities on land, resources and rights thereon within a defined territory. h) Certificate of Ancestral Domain/Land Title (CADT/CALT) - as defined in Section 1, (c), (d) Rule II of the Implementing Rules and Regulations of the IPRA. i) Customary Laws - as defined in Section 1(h), Rule II, of the Implementing Rules and Regulations of the IPRA. j) Indigenous Cultural Communities/Indigenous Peoples - as defined in Section 1(k), Rule II, of the Implementing Rules and Regulations of the IPRA. k) Indigenous Political Structures - as defined in Section 1(m), Rule II of the Implementing Rules and Regulations of the IPRA. l) Time Immemorial - as defined in Section 1(x) of the Implementing Rules and Regulations of the IPRA. m) Defective Surveys for Want of Authority - refer to past surveys initiated by the claimant ICC/IP, family/clan or individual, done by a private mapping institution or collaborating non-government organization but without the required authority and MOA from NCIP, or those with Survey Authority and MOA but the survey was done without the participation of a duly licensed Geodetic Engineer. Nevertheless, in both instances, the instruments used for the survey of the CADC/CALC should appear to have been previously certified to by NAMRIA.
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Volume 13 Number 1 - University of the Philippines College of Law

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