Declaring a Moratorium on the Issuance of License to Sell for Development Projects within Ancestral Lands/Domain

February 8, 2012

HLURB BOARD RESOLUTION NO. 885-12

DECLARING A MORATORIUM ON THE ISSUANCE OF LICENSE TO SELL FOR DEVELOPMENT PROJECTS WITHIN ANCESTRAL LANDS AND/OR ANCESTRAL DOMAIN

WHEREAS, the National Committee on Cultural Communities of the House of Representatives has conducted an inquiry in aid of legislation, on the implementation of Chapter III, Sections 5 and 8 (A) of the Indigenous Peoples Rights Act of 1997, concerning the conversion of ancestral lands in Barangay Irisan, Baguio City, into subdivisions which will eventually be sold to non-members of indigenous communities pursuant to House Resolution 1054, as amended; HCDAcE

WHEREAS, the Indigenous Peoples Rights Act (IPRA Law) or RA 8371 has certain provisions that are seemingly conflicting with each other, such as Chapter III, Section 5, Sections 8a and 8b, and Section 12 thereof, particularly on whether or not, ancestral lands can be transferred or sold to non-members of the same Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs);

WHEREAS, the absence of a clear implementing guidelines gave rise to various concerns, such as, the different interpretations of the law by some government agencies and local governments units, and the proliferation of questionable and fraudulent transactions on the acquisition and the transfer of ancestral lands such as the issuance of Certificates of Land Transfers (CALTs) outside of the required process;

WHEREAS, to avert dubious application of the IPRA Law and until such time that the conflicting provisions of RA 8371 are clarified, the Committee on National Cultural Communities has moved to enjoin all national and local government units to, among others, suspend issuance of permits and licenses to development projects within ancestral lands;

WHEREFORE, be it RESOLVED as it is hereby RESOLVED Declaring a Moratorium on the issuance of any Development Permit and License to Sell to all subdivision and other development projects involving ancestral lands or ancestral domain, until such time that the identified concerns particularly on the transfer and disposition of lands are clarified and settled by the proper authorities. DHITSc

APPROVED this 8th day of February 2012, Quezon City.

(SGD.) JEJOMAR C. BINAYVice-President of the Philippines & Housing and Urban Development Coordinating Council Chairman

(SGD.) AUGUSTO B. SANTOSDeputy Director-General, National Economic and Development Authority

(SGD.) JOSE VICENTE C. SALAZARUndersecretary, Department of Justice

(SGD.) JAIME A. PACANANUndersecretary, Department of Public Works and Highways

(SGD.) AUSTERE A. PANADEROUndersecretary, Department of the Interior and Local Government

(SGD.) ANTONIO M. BERNARDOChief Executive Officer and Commissioner

(SGD.) RIA CORAZON A. GOLEZ-CABRERACommissioner

(SGD.) LUIS A. PAREDESCommissioner

(SGD.) LINDA L. MALENAB-HORNILLACommissioner

Attested:

(SGD.) CHARITO B. LANSANGBoard Secretary