Home > Resolutions > Ancestral Domain > Joint NCIP-PCSD Memorandum Circular No. 2005-01

SUBJECT: " HARMONIZATION OF THE IMPLEMENTATION OF THE INDIGENOUS PEOPLES RIGHTS ACT (IPRA) and THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN ACT"

In order to provide a comprehensive framework on the implementation of the INDIGENOUS PEOPLES RIGHTS ACT (RA 8371} in the province of Palawan, in harmony with THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN ACT (RA 7611 the following guidelines are hereby promulgated:

Section I. Basic Policies

1.1 It is the policy of the State to protect, develop and conserve its natural resources and to recognize and promote the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains/lands to ensure their . economic, social and cultural well being within the framework of national unity and development,

1.2 The PCSD and NCIP adhere to the Strategic Environmental Plan as the comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of Palawan.

1.3. The PCSD and NCIP recognize the importance of promoting indigenous ways for the sustainable management of the natural resources such as the ecologically sound traditional- practices of the indigenous communities of Palawan.

1.4 . The PCSD and NCIP recognize the preferential rights of ICCs/IPs to benefit from the natural resources within their ancestral lands/ domains.

2.1. This Circular shall apply strictly to guide the processes of PCSD and the NCIP in the Province of Palawan,'

3.1. To clarify the jurisdiction, authority and responsibilities of the NCIP and PCSD with respect to ancestral domains/ancestral lands and the natural resources found therein in the province of Palawan, provided that the term ancestral domains shall be deemed to include both !and and sea components pursuant to the Strategic Environmental Plan for Palawan Act;

3.2. To outline the process to be followed with respect to:

1. the conversion of Triba! Ancestral Zones proclaimed by the PCSD to a Certificate of Ancestral Domain Title (CADT) by the NCIP;
2. the conversion of existing CALCs and CADCs to CALTs and CADTs;
3. new applications for the issuance of a CADT/CALT;

3.3 To ensure that the FPIC requirement is complied wfth prior to the utilization and/or exploration of natural resources found in areas where there are ICCs/IPs.

Section IV.Institutionalization

The Tribal Affairs Committee of the PCSD shall oversee the implementation of this circular, as well as facilitate the continuing efforts in harmonizing and integrating the rights of ICCs/ iPs of Palawan in the Strategic Environmental Plan for Palawan.

Section V.Joint Processes

4.1 The NCIP shall undertake the conversion of the Tribal Ancestral Zones proclaimed by the PCSD into Certificates of Ancestral Domain Titles and the conversion of existing CALCs and CADCs to CALTs and CADTs. The Procedure outlined under Administrative Order No. 2 of the NCIP, entitled "Guidelines on the Conversion of CADC to CADT", shall apply;

4.2 Delineation, Proclamation of the Tribal Ancestral Zones, and Titling.

1. In the conduct of validation and delineation of ancestral lands/ ancestral domains, the PCSD shall sit as co-chair of the Special Provincial Task Force (SPTF) on Delineation and Titling of Ancestral Domains/Lands;



2. The NCIP, through its SPTF, shall undertake the delineation and validation of the application for the issuance of a Certificate of Ancestral Domain/Land Titling, pursuant to its processes as follows: (please refer to Annex "A" for details)

1. Preparation and Filing of Petition for Delineation and Titling
2. Conduct of Community-wide Information Dissemination and Consultation (IEC)
3. Conduct of Census and Genealogical Survey
4. Preparation and Submission of Proofs
5. Evaluation of Proofs
6. Notice of Ocular inspection
7. Survey and Preparation of Map/Plan
8. Projection of Survey by the DENR
9. Community Validation
10. Preparation of investigation/Evaluation Report/Finalization of Claimbook
11. Proclamation/Declaration of Tribal Ancestral Zone by the PCSD and Transmittai to the Ancestral Domains Office of the NCIP
12. Publication of the Ancestral Domain/Land Claim
13. Deliberations by the Commission
14. Issuance of Title
15. Registration of the Title with the Land Registration Authority
16. Awarding

• Provided that, prior to the Publication of the Ancestral Domain/Ancestral Land Claim, the Investigation/Evaluation Report and the proofs submitted in support of the application shall be forwarded to the Triba! Affairs Committee (TAC). If all the proofs are in order and complete, the TAC shall prepare a report to the Council and recommend its Proclamation as Tribal Ancestral Zone.If the claim is fake or fraudulent, the TAC
shall send a notice of rejection to the community


• Provided, further, that the Committee shall act upon the Investigation/Evaluation Report within thirty (30} days from receipt of the same and submit the TAC Report to the Council at least one (1) week before the Council meeting.



• Provided, finally, that the PCSD shall act on the TAC Report on the Council meeting immediately following receipt thereof
  

4.3 Clearance, Permits, and Free Prior and informed Consent Certificate.

For permits/licenses in the utilization and/or exploration of natural resources in Palawan, if the proposal is located within areas where there are ICCs/IPs:

1. the proponent has to secure the requisite certification precondition from the NCIP; and



2. a representative from the TAC shall take part in the processes undertaken by the NCIP in the securing of Certification Precondition.



3. the application shall be referred to the TAC for evaluation and recommendation to the Council prior to the issuance of SEP Clearance.

Section V.Management of Ancestral Domains/Lands

5.1. NCIP and the PCSD shall provide technical assistance in the preparation of the Ancestral Domains Sustainable Development and Protection P!an (ADSDPP);

5.2. The ICCs/lPs shaii have the right to manage and conserve the natural resources within the ancestral domains to uphold it for future generations.

Section VI.Funding

6.1 The PCSD and the NCIP shall aflocate funds for the implementation of activities called for under this circular; and

Both agencies shall endeavor to source out additional funds necessary for the purpose.

Section VII.Repealing Clause

7.1. PCSD Resolution No. 99-147, in so far as it may be inconsistent with this Circular is hereby repealed accordingly.

7.2. Any rules, regulations of the PCSD and the NCIP, inconsistent herewith are likewise modified, amended, repealed, accordingly.

Section VII.Effectivity

This Joint Memorandum Circular shall take effect immediately. Done this 24^TH day of February 2006, at Puerto Princesa City, Palawan.

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