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THIS MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO THIS 29^TH DAY OF JULY 2005 IN QUEZON CITY BY AND BETWEEN:

PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD), a government entity created pursuant to Section 16, of Republic Act No. 7611 with principal office at PCSD Bldg., Sports Complex Road, Sta. Monica, Puerto Princesa City, herein represented by its Chairman, HON. ABRAHAM KAHLIL B. MITRA;

                                                        AND

NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP), a government agency created pursuant to Section 38 of Republic Act No. 8371, with principal office at 2nd Floor N. Dela Merced Bldg., corners West and Quezon Avenues, Quezon City, herein represented by its Chairman, ATTY. REUBEN DASAY A. LINGATING;

                                               WITNESSETH THAT:

WHEREAS, REPUBLIC ACT NO. 7611, otherwise known as the STRATEGIC ENVIRONMENTAL PLAN (SEP) FOR PALAWAN ACT, was enacted and took effect in June 1992;

WHEREASSection 4 of RA 7611 provides for the adoption of a comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of the Province of Palawan which framework is known as the STRATEGIC ENVIRONMENTAL PLAN (SEP) FOR PALAWAN;

WHEREAS, Section 7 of RA 7611 requires the establishment of a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, small islands, mangroves, coral reefs, seagrass, beds and the surrounding sea. This shall be known as the environmentally critical areas network, hereinafter referred to as / ECAN, and shall serve as the main strategy of the SEP;

WHEREAS, Section 7 paragraph 4 provides that the ECAN, among others, shall ensure the protection of the tribal people and the preservation of their culture;

WHEREAS, Section 11 of RA 7611 recognizes areas traditionally occupied by the cultural communities as main component of ECAN to be known as tribal ancestral zones;

WHEREAS, Section 16 of RA 7611 created the PCSD as the
administrative machinery for the governance, policy, direction and implementation of SEP ACT;

WHEREAS, the PCSD is empowered to formulate plans and policies as may be necessary to carry out the provisions of the SEP ACT;

WHEREAS, THE PCSD is empowered to call on any department, bureau, office, agency or instrumentality of the government, and on private entities and organizations for cooperation and assistance in the performance of its functions;

WHEREAS, RA 8371, otherwise known as the INDIGENOUS PEOPLES RIGHTS ACT, which was enacted and took effect in 1997;

WHEREAS, Section 2 (b) of RA 8371 provides that it is the policy of the State to protect the rights of the Indigenous Peoples to their ancestral domains to ensure their economic, social and cultural well - being by recognizing the applicability of customary laws governing property rights or relations in determining ownership and extent of ancestral domains;

WHEREAS, Section 38 of RA 8371 provides that there shall be created the NCIP, which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto;

WHEREAS, Section 44 (c) of RA 8371 provides that the NCIP shall formulate and implement policies, plans, programs and projects for the economic, social and cultural development of the ICCs/IPs and to monitor the implementation thereof;

WHEREAS, Section 44 (e) provides that the NCIP has the power to issue Certificate of Ancestral Lands/Domains Title (CALT/CADT);

WHEREAS, Section 44 (f) of RA 8371 provides that, subject to existing laws, the NCIP is empowered to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to attain the objectives of the lPRA;

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants hereinafter set forth, THE PCSD AND NCIP hereby agree, as they hereby agreed to wit:

1. THE PCSD/ NCIP SHALL:

1.1 coordinate in the implementation of their respective functions in the Province of Palawan;

1.2 create a committee/technical working group that shall review the existing policies affecting the ICCs/IPs in the province of Palawan;

1.3 inform/submit their respective policies, plans and programs affecting the ICCs/IPs in the province of Palawan;

1.4 formulate a comprehensive framework through a joint memorandum circular for the protection and recognition of the rights and the preservation of the culture of ICCs/IPs in the Province of Palawan in consonance with the SEP and the IPRA.

2. THE PCSD SHALL:

2.1 Declare/proclaim tribal ancestral zones pursuant to Section 31 of RA 7611;

2.2 Collaborate and coordinate with NCIP in monitoring all developmental/environmental activities within Ancestral Lands/ Domains in Palawan;

2.3 To require the following certification prior to the issuance of SEP Clearance:

        2.3,a. If the area applied covers an ancestral land/ancestral domain, to secure the free and prior informed consent of the concerned Indigenous Cultural Community/Indigenous Peoples;

        2.3.b. If it does not overlap any ancestral domain/ancestral land, to secure the requisite certification precondition from the NCIP;

3.THE NCIP SHALL:

3.1 Accept, process and approve all CALT/CADT applications involving ancestral land/domains claims in the Province of Palawan as declared/proclaimed as Tribal Ancestral Zones by the PCSD pursuant to Section 11 of RA 7611. Should the area declared as Tribal Ancestral Zone be found by the NCIP not to be the true ancestral domain of the community sufficient for the issuance of a CADT/CALT, the NCIP shall request for the modification/amendment of the TAZ with the PCSD;

3.2. To issue appropriate certification as a pre-condition to the grant of permit, lease, grant, or any similar authority for the disposition, utilization, management and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned;

3.4. To align plans, projects and programs affectin province of Palawan within the framework of the SEP pursuant to Section 6, RA 7611.

This Memorandum of Agreement is subject to amendifents/revision upon mutual consent of the parties.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures in the presence of witnesses at Quezon City, this 29^th day of July 2005.

The Palawan Council for Sustainable Development is a national agency under
the Office of the President of the Philippines