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

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January - March 2002 National Administrative Register 381 appertaining to the updating of list of claimants and the validation of the survey already made, provided that in the latter case, the protestant is not otherwise estopped applying the rules of the DENR directive/order that issued the CADC or CALC. Boundary conflicts or conflicting claims arising from new surveys for purposes of conversion not resolved during the field validation process can also be made subject of protest or opposition. For this purpose, the protest shall be made within five (5) days from the time of the declaration of non-resolution of the conflict by the community. The Special Provincial Task Force or the Regional Ancestral Domain Team conducting the field validation and the survey, respectively, shall immediately refer the same to ADO, who shall act on it through the Regional Hearing Officer concerned. After a finding of prima facie case, only then that ADO shall direct the Regional Hearing Officer to conduct the hearing in a summary procedure within the time and in the manner provided for in the special rules of adjudication promulgated by the Commission especially for resolution of protests or oppositions for purposes of conversion. The existence of protest or opposition shall be included in the report to ADO. The pendency of any protest or opposition where the subject merely involves inclusion or exclusion of claimants, shall not prevent the process of issuing the title which can proceed independently of the protest. The ADO shall decide all protests and opposition to the conversion of CADCs to CADTs. The ADO shall have a period of thirty (30) days after submission of all pleadings/evidence within which to resolve protests or oppositions. Provided that all decisions of the ADO may be appealed to the NCIP within ten (10) days from receipt of the decision of the ADO. The decision of the NCIP shall be appealable to the Court of Appeals by way of Petition for Review within fifteen (15) days from receipt of the decision. Section 22. Resolution of Boundary Conflicts - In case where, as a result of the actual ground survey, boundary conflicts among indigenous peoples communities arise, the ADO office through the Provincial Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to the special rules on adjudication mentioned in the immediately preceding paragraph applying Sec. 62 of the IPRA as follows: a. In cases where boundary conflicts arising for the actual ground survey of the domains cannot be resolved by the parties themselves, the NCIP in accordance with its own rules and procedures, shall hear and decide, after notice to the proper parties, the disputes arising from the actual ground survey. Such decision shall be rendered within 30 days after receipt of the last pleading. b. If the dispute is between and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral domains, customary process shall be followed. c. Any decision, order or award or ruling of the NCIP on any ancestral domain dispute may be brought for Petition for Review to the Court of Appeals within fifteen (15) days from the receipt of a copy thereof. IV. ISSUANCE OF TITLE AND REGISTRATION Section 23. Preparation and Submission of Final Report to the Commission. After receipt of both the results of the field validation and the result of the survey from the Regional Office, the ADO shall have fifteen (15) days within which to prepare and submit the final report to the Commission concerning the CADC/CALC already validated and surveyed. The report shall contain the summary of its findings. For every application for conversion of
382 National Administrative Register Volume 13/1 CADC/CALC found by ADO to be officially delineated, a recommendation for the issuance of the corresponding CALT or CADT shall be made in the final report. In case where an application for conversion is proven to be patently false or fraudulent, the ADO shall reject the application. In case of rejection, the ADO shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the Commission within fifteen (15) days from receipt of the notice of denial. The Commission shall study the final report and the recommendations made by ADO. Section 24. Action by the Commission En Banc - Within thirty (30) days from receipt of the final report and the recommendation made by the ADO, the Commission shall meet en banc to discuss the merits of the CADC/CALC applied for conversion based on the report and the documents accompanying the endorsement, and may either decide to approve or disapprove the application for conversion, or return the report together with its comments to the ADO, for further consideration. The decision taken by the Commission for each application submitted by ADO for consideration shall be embodied in a Resolution. Section 25. Issuance of CALT/CADT - In case of approval, the Commission shall immediately transmit the Resolution approving the application to ADO directing the latter to prepare the corresponding Certificate of Title in the name of the claimant/IP community in a specific location, together with all its necessary annexes, who shall have five (5) days from receipt thereof within which to prepare and submit the same to the Commission. The CADT or CALT shall be issued by the Commission and signed by all the Commissioners. No CADT shall be issued in the name of a person, family, clan, association or organization, The issuance of the CALT/CADT shall be done through a ceremony whereby the ICCs/IPs concerned shall be reminded of their corresponding obligations and responsibilities. Section 26. Disapproval of Application for Conversion - In case of disapproval, ADO within five (5) days from date of receipt of the resolution disapproving the application for conversion, shall notify the applicant concerned of the disapproval. Attached to the notice will be the applicantís copy of the Resolution. The notice shall indicate, among others, the remedy available to the applicant. If returned by the Commission for further consideration, ADO shall act on the comment in the manner and within the period stated in the Resolution. The decision of the NCIP shall be appealable to the Court of Appeals by way of Petition for Review within fifteen (15) days from receipt of the notice. Section 27. Registration of CADT/CALT - The ADO through the Provincial Office concerned shall assist the recipient ICC/IP community/clan/family in the registration of the CALT/CADT with the Registry of Deeds in the Province where the land is situated. Section 28. Submission of Maps - A copy of the Official Map of the ancestral domain or ancestral land shall be submitted to the appropriate government agency for records and control purposes. V. SPECIAL PROVINCIAL TASK FORCE Section 29. Constitution of Special Provincial Task Force of SPTF - There shall be created in each Provincial Office a Special Provincial Task Force to assist the Provincial Office in the execution of directives of ADO for field validation and production of lacking documents, papers and proofs required for the processing of applications for conversion. The Special Provincial Task Force shall be headed by the NCIP Provincial Officer, who shall
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Volume 13 Number 1 - University of the Philippines College of Law

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