Revised Omnibus Rules on Delineation and Recognition of Ancestral Domains and Lands of 2012

April 13, 2012

NCIP ADMINISTRATIVE ORDER NO. 04-12

REVISED OMNIBUS RULES ON DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS AND LANDS OF 2012

Pursuant to Article II Section 22, Article XII Section 5, Article XIV Section 17 of the Philippine Constitution of 1987 and the provisions of RA 8371 and its implementing rules and regulations, the National Commission on Indigenous Peoples (NCIP) hereby adopts and promulgates the following Rules on Delineation and Recognition of Ancestral Domains and Ancestral Lands (ADs/ALs) of 2012. aTIAES

PART I

Preliminaries and Delineation Proper

RULE I

General Provisions

SECTION 1. Title. — This Rules shall be known as the "The Revised Omnibus Rules on Delineation and Recognition of Ancestral Domains and Ancestral Lands of 2012."

SECTION 2. Coverage. — This Rules shall cover the following:

a. Applications for CADT/CALT pursuant to Republic Act 8371, Indigenous Peoples Rights Act (IPRA) and its Implementing Rules and Regulations (IRR);

b. Conversion of CADCs/CALCs issued by DENR pursuant to Special Order No. 31, series of 1990, and Department Administrative Order No. 2, (DAO 2) Series of 1993;

c. Ancestral Domains Sustainable Development and Protection Plan (ADSDPP) Formulation for the CADT applied area, as far as practicable.

SECTION 3. Definition of Terms. — In addition to the definition of terms found in Sec. 3 of RA 8371, and Sec. 1, Rule II of the IRR, which are hereby adopted as part of this Rules, the following terms as used in this Rules shall mean:

a. Accuracy — it is a measure of how close a given measurement is to the absolute or true value of the quantity measured.

b. Amendment Survey (Amd) — refers to the changing of the boundary lines, increasing or reducing the number of corners, consolidating and subdividing a previously surveyed area without including any new area already included in other surveys previously approved. IHcSCA

c. Certificate of Ancestral Domain Claim (CADC)/Certificate of Ancestral Land Claim (CALC) — refers to that Certificate issued by the Department of Environment and Natural Resources (DENR) recognizing the claims of ICCs/IPs to their ALs/ADs.

d. Chief of Survey Party (COP) — refers to the head of the survey team who conducts the survey activities.

e. Community Delineation Team (CDT) — refers to that group constituted in the Community Service Center (CSC) which is not under any Provincial Office that is tasked to gather, process, and field validate proofs, produce or re-produce pertinent documents and papers for the processing of CADT/CALT applications.

f. Consolidation and Subdivision Survey (CSD) — refers to survey of more than two contiguous lots merging to form a single lot and a single lot subdivided into two or more lots, respectively.

g. Erroneous Survey — refers to any survey failing the level of technical requirements as stated in this Rules and other pertinent laws.

h. Geodetic Control Point (GCP) — refers to a point, permanent in nature, used in surveys as reference, which is established through: (a) Conventional Method — triangulation, trilateration, and any combination thereof, together with leveling and astronomical observation in order to determine the accurate geographic position of the point taking in consideration the curvature of the earth; and (b) Satellite survey such as that used in Global Positioning System (GPS)Technology.

i. Global Positioning System (GPS) Instrument — refers to the instrument used to obtain positional data by using the constellation of satellites orbiting around the earth at a high altitude. For the purpose of this Rules, the said instrument must be a survey grade instrument. aSADIC

j. Elder/leader — An elder/leader emerges from the dynamics of customary laws and practices; they evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs. They are recognized as authority in conflict resolution and peace-building processes, on spiritual rites and ceremonies and in doing so, possess the attributes of wisdom and integrity. They lead and assist the community in decision-making processes towards the protection and promotion of their rights and the sustainable development of their ancestral domains.

k. IP Representative — refers to a member of the ICC/IP community, family or clan, and of legal age, duly authorized in writing and under oath, to represent them in the filing and processing of the appropriate application for the issuance of CADT/CALT.

l. Migrant — for purposes of this Rules, refers to a person who is not a native to the ancestral domain or not a part owner of ancestral land but who, as a consequence of social, economic, political or other reasons, such as displacement due to natural disasters, armed conflict, population pressure, or search for seasonal work, opted to occupy and utilize portions of the ancestral land/domain and have since then established residence therein.

m. Notice to Proceed — refers to the notice issued by the concerned Regional Director to the Contracted Private Geodetic Engineer ordering him/her to commence the survey or other related activities.

n. Original Survey — refers to the survey of areas not yet surveyed for the purpose of titling.

o. Perimeter Survey — refers to the type of survey used to determine the distance and direction of boundary lines and the total land area of the AL/AD. HITAEC

p. Project Control Points (PCP) — refer to reference points used in surveys over areas of limited extent, which are established by traverse, triangulation, or a combination thereof, together with levelling and/or using GPS in order to determine the position of control points in between stations of geodetic accuracy.

q. Provincial Delineation Team (PDT) — refers to that group constituted on the Provincial level that is tasked to gather, process, and field validate proofs, produce or re-produce pertinent documents and papers for the processing of CADT/CALT applications.

r. Regional Review Body (RRB) — refers to that Body constituted at the Regional level that shall review and evaluate documents related to the delineation and recognition of AL/AD before any endorsement by the Regional Director.

s. Re-Survey — refers to a survey undertaken on an AL/AD with an existing approved survey for the purpose of correcting the technicalities of the survey previously made, such that the original survey output is rendered void and replaced with the re-survey output.

t. Self-delineation — refers to the identification and determination by the ICCs/IPs of their AL/AD, and the extent and traditional boundaries thereof.

u. Survey Authority (SA) — refers to an order issued by the Director of the Ancestral Domains Office (ADO) authorizing a duly accredited private Geodetic Engineer or those under the employ of partner agencies/institutions to conduct surveys of AL/AD.

v. Validation — refers to the review and verification of the identity of the applicant and the veracity, sufficiency and authenticity of documentary requirements submitted. It may include actual ground validation.

w. Verification Survey — refers to the process of verifying on ground a completed, reconstituted or reconstructed survey to determine its correctness. EIcSDC

x. Witness Monuments — refers to two or more points, with known position, used to define the location of an inaccessible/submerged boundary corner.

y. Work Order (WO) — refers to an order issued by the NCIP that authorizes its Geodetic Engineer to conduct surveys on AL/AD.

z. Work and Financial Plan (WFP) — refers to the detailed delineation and titling activities and the corresponding budget allocation (NCIP-ADO Form No. 4).

SECTION 4. Objectives. — This Rules aims to:

a. Promote and protect the native title and other rights of ICCs/IPs to their ADs/ALs;

b. Affirm and defend the cultural integrity of the ICCs/IPs in order to ensure their economic, social and cultural well-being;

c. Consolidate and enhance issuances, guidelines, and/or rules promulgated by the Commission in order to make it more efficient, effective and economical in the delineation and recognition of ADs/ALs and crafting of the ADSDPP;

d. Identify roles and accountabilities of the ICCs/IPs, NCIP, Local Government Units (LGUs), participating private sector organization/s (PSO), and other stakeholders in the delineation and recognition of ADs/ALs; and

e. Enhance the harmonization of various government policies affecting ICCs/IPs.

SECTION 5. Guiding and Operating Principles. — In implementing this Rules, the following operating principles shall be observed:

a. Self-delineation. Self-delineation shall be the guiding principle in the identification and delineation of ADs/ALs. As such, the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. Corollary to this, there shall only be one CADT for every ancestral domain.

b. ALs/ADs are Private Lands. ADs/ALs are private lands under the concept of Native Title. aEAIDH

c. Rights of other people within the domain. The rights of non-IPs or IPs within the AD and who are not co-owners thereof, validly acquired, shall be recognized and respected.

d. Primacy of Customary Law. In the resolution of all conflicts involving ADs/ALs, the primacy of applicable customary laws shall be observed.

e. Non-transferability of CADTs. CADTs issued over delineated ADs are non-transferrable.

f. Cultural Integrity. The holistic and integrated adherence of IPs/ICCs to their respective IKSPs, their character, their identity as a people and their assertion over their territory shall remain inviolable. All activities pertinent to the identification, delineation and recognition of the ADs/ALs of ICCs/IPs shall be in consultation with them and measures must be undertaken to ensure that the culture and traditions of the concerned ICCs/IPs are respected, applied and/or utilized in the process. Hence, the principle one CADT for every AD.

g. Inter-agency and Non-Government Organization/s (NGO/s) collaboration and Community Support. The participation of the concerned ICCs/IPs is indispensable and the collaboration of other government agencies in the process of delineation shall be greatly encouraged and vigorously pursued. The NGO/s actively assisting, and/or formally authorized by the IPs/ICCs and duly accredited by the NCIP may collaborate in specified areas/levels of the delineation process. The respective roles of all participating groups or agencies shall be specified in a Memorandum of Agreement (MOA) executed for the purpose. 

h. Peace Building. The delineation and recognition of ADs/ALs should foster national unity, peace and development.

i. Existing Property Rights Regimes. Property rights within the ancestral domains already existing or vested upon effectivity of IPRA shall be recognized and respected. HCSAIa

j. Philippine Reference System 1992 (PRS92). The Geodetic Engineer authorized to undertake the survey of ADs/ALs shall use the geodetic control network adopted in 1992 as the standard reference system for all surveying and mapping activities.

SECTION 6. Application and Construction. — This Rules shall be liberally construed in order to promote the protection of ICCs/IPs.

RULE II

Compositions, Roles and Functions of Key Participants in the Delineation and Recognition of Ancestral Lands and Domains

SECTION 1. ICCs/IPs and the Elders/Leaders. — The ICCs/IPs, through their authorized community elders/leaders, shall submit their written intention to apply for CADT/CALT which shall be made an attachment of the application. They shall identify, from among themselves or anyone from the same applicant ICCs/IPs, the person/s who shall be their authorized representative/s in the filing and processing of their application. Such elders/leaders shall likewise assist the PDT/CDT and the survey team in all undertakings related to the delineation and provide the PDT/CDT all necessary information in support of their application.

SECTION 2. Representative/s of the Applicant/s. — The duly authorized representative/s of the applicants, who should be a resident of the applied AD/AL, shall file and sign the CADT/CALT application and other pertinent documents supporting the application in behalf of the community/clan/family. He/she shall serve as liaison only between and among the community, the NCIP and other stakeholders in all undertakings in the delineation, and extend the needed assistance to the PDT/CDT.

SECTION 3. Provincial Delineation Team (PDT) or Community Delineation Team (CDT). — The PDT shall be composed of three (3) to five (5) NCIP personnel to be headed by the Provincial Officer (POr) with members from among the Community Development Officers (CDOs), Community Affairs Officers (CAOs), Tribal Affairs Assistants (TAAs), Legal Officer, and Engineers. The POr, as the Team Leader, is authorized to designate a substitute in cases where temporary or permanent vacancy exists in any of the foregoing position. He/She may request the Regional Director (RD) to provide him/her with a substitute member, from among the personnel in the Regional Office. ScaCEH

In the case of Provinces without Provincial Offices, the CDT, shall be constituted and organized by the Community Development Officer (CDO) composed of three (3) to five (5) members, with him/her as Team Leader. The members shall be designated from among the personnel of the CSC to be augmented by personnel from the nearest Provincial Office to be designated by the RD, upon request by the concerned CDO.

The PDT/CDT shall perform the following functions:

a. Evaluate the completed application form, and pertinent attachments, if there be any

b. Prepare the WFP

c. Coordinate with all stakeholders

d. Plan and undertake the Information, Education and Consultation (IEC) activities

e. Validate identified leaders/elders of the community

f. Assist the community in the preparation of an indicative map of the entire AL/AD applied for and indicating adjacent communities

g. Gather and document information/data including census and genealogical survey

h. Conduct community validation of all information/data

i. Provide support to the Survey Party

j. Prepare, compile and complete the AD/AL Recognition Book

k. Facilitate resolution of any issues and concerns

l. Evaluate and Validate proofs supporting the claim

m. Such other functions related to the foregoing aECTcA

There may be as many PDTs/CDTs as there are applications being processed. In all cases, the POr/CDO shall always act as the Team Leader.

SECTION 4. Regional Review Body (RRB). — The Regional Director shall constitute an RRB composed of the Technical Management Services Division (TMSD) Chief, the Regional Attorney (RA), and one other personnel from the regional office. The Regional Director shall designate the Head of the RRS as he sees fit in the best interest of the service.

The RRB shall review the PDT/CDT report and prepare and submit its findings to the Regional Director.

SECTION 5. The Assistors. — The Assistors, who may be the representative/s of those mentioned below, may assist the PDT/CDT in all its responsibilities in the delineation process, except in the validation and evaluation of evidence/proofs:

a. Indigenous Peoples Organization (IPOs) in accordance with the NCIP Rules on IPO Accreditation. Provide support/assistance to the NCIP during the delineation process.

b. LGU/s. Provide available data and technical and financial support in the conduct of the delineation. The IP mandatory representative shall be the LGU representative; otherwise, the person should be somebody accepted by the community.

c. Department of Agrarian Reform (DAR) field office/s. Issue corresponding certification whether or not there are areas within the AD/AL with issued CLOAs or identified to be under the Comprehensive Agrarian Reform Law (CARL) coverage.

d. DENR field office/s. Issue corresponding certification identifying therein issued titles, approved surveys and other tenurial instruments over portion or the whole of the AD/AL; and provide copy of sketch maps, approved survey plans and/or other records pertinent to the application.

e. Land Registration Authority (LRA). Undertake common projection of surveys; issue corresponding certification identifying therein existing judicial and other titles affecting or overlapping the AD/AL and consequently, endorse to the Register of Deeds (ROD) of the concerned province/city where AD/AL with issued CADT/CALT is located to effect registration. HcTEaA

f. NGO/s actively present in the applicant community duly authorized by them and accredited by NCIP. Assist in all stages of the delineation process or aspects in support of the same.

SECTION 6. Survey Party. — The Survey Party, is composed of team or teams headed by a Geodetic Engineer authorized by the NCIP to conduct surveys over ancestral lands/domains.

RULE III

Proofs Required in CADT/CALT Application

SECTION 1. Proofs Required. — Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath, and other documents directly or indirectly attesting to the possession or occupation of the area since time immemorial by such ICCs/IPs in the concept of owner/s which shall be any one (1) of the following authentic documents:

a. Written accounts of the ICCs/IPs customs and traditions;

b. Written accounts of the ICCs/IPs political structure and institutions;

c. Pictures showing long term occupation such as those of old improvements, burial grounds, sacred places and old villages;

PART II

Rules on Surveys of Ancestral Domains/Lands

RULE I

Accreditation of Geodetic Engineers

SECTION 1. Mandate. — The NCIP is authorized by law to issue survey authority or work order and execute and approve survey of ADs/ALs. ADcSHC

SECTION 2. Who are Authorized to Conduct Surveys. — All AL/AD surveys shall be conducted by geodetic engineers employed with or contracted by the NCIP or those under the employ of an agency or organization which has an agreement with NCIP relative to the delineation process. Geodetic engineers validly authorized to engage in private practice or members of a partner agency or organization who desire to conduct the survey of ADs/ALs may be accredited and authorized by the Commission.

Surveys to be conducted by partner agency/organization shall be covered by a MOA with the NCIP. Private Geodetic Engineers who intend to undertake AD/AL survey shall go through the normal bidding process in the engagement of services of private entities as prescribed by R.A. No. 9184, otherwise known as Government Procurement Reform Act of 2003 and Commission on Audit (COA) rules.

SECTION 3. Process of Accreditation. — The application for accreditation of geodetic engineers mentioned above shall be filed with the concerned regional office. The application shall be processed by a team headed by the Chief of the TMSD, Engineer III, and at least one (1) Geodetic Engineer, as members. For purposes of accreditation, the following must be taken into consideration:

a. Competence to conduct AD/AL survey evidenced by a list of surveyed projects;

b. Possession of survey equipment duly registered and calibrated by NAMRIA and LMB;

c. Certification by the NCIP that he/she has undergone orientation on the conduct of AL/AD surveys and Salient features of the IPRA on delineation; and

d. Certification of Good Moral Standing from the Geodetic Engineers of the Philippines (GEP).

After satisfying all the above requirements, the team shall endorse said application to the RD for the issuance of the certificate of accreditation. The regional office shall furnish the ADO copy of all issued accreditations. Questions/complaints against any accredited geodetic engineer may be raised within thirty (30) days from issuance of the accreditation before the concerned RD, whose decision on the matter shall be final. IaAHCE

SECTION 4. Bond of Accredited Geodetic Engineer/Contractor Geodetic Engineer. — Upon issuance of certificate of accreditation, the concerned GE shall post a bond to be fixed by ADO to guaranty the faithful and efficient execution of the survey. It shall also cover expenses that may be incurred resulting from rectification of errors in the survey committed by the geodetic engineer, without prejudice to the collection of additional charges should the extent of damages amount to more than the posted bond.

The bond shall continue to be in force until the surveys are completed and approved. The bond shall be released if the survey returns are satisfactory. However, if the ADO director issues an order rejecting or cancelling the survey on justifiable grounds, such order shall become final after ten (10) days from receipt by the concerned geodetic engineer, should no motion for reconsideration be filed by the latter within said period. 

The performance bond shall be in the form of a Cash Bond, to be deposited with the concerned Regional Office, or surety bond procured from a bonding company.

RULE II

General Rules and Procedures in the Surveys of Ancestral Lands and Domains

A. Procedures for the Surveys of ALs/ADs

SECTION 1. General Procedure. — The survey of ADs/ALs covered by applications for the issuance of CADT/CALT without an approved survey plan shall undergo the following procedures:

a. Issuance of the Work Order/Authority to Survey and Notice to Proceed. The RRB shall ensure substantial compliance with Part I, Rule IV, Section 14 of this Rules before the issuance by the ADO Director of the Work Order/Survey Authority to the concerned geodetic engineers/contractor geodetic engineer.

Work Order/Survey Authority may be issued by phase/stage of work such as but not limited to establishment of project controls and perimeter survey. cCaSHA

Work Order/Survey Authority shall be effective for a period of six (6) months from issuance and may be renewed for the same period, provided however, that the authority shall be terminated as soon as the project is completed.

Actual survey activities must only commence from the time the Notice to Proceed is duly issued.

The POs/ROs shall recommend to the ADO Director the composition of the Survey Party.

b. Research/Data Gathering. The Survey Team shall collect all data/documents/materials that will facilitate the generation of the technical description of the ancestral domain/land and Land Registration Authority requirements. Moreover, the Survey Party must ensure that all survey related documents not forming part of those submitted by the community/land owner/claimants must be researched and secured in order to facilitate the delineation.

c. Survey Notification. All stakeholders shall be notified of the intended survey in accordance with Part I, Rule IV, Section 20 hereof using ADO Form No. 08. The notice, signed by the COP and noted by the POr/CDO, shall state the date/s when the areas may be traversed by the survey team, the names of the concerned Geodetic Engineers, and shall likewise state Section 56 of R.A. 8371.

d. Mission Planning. During the Mission Planning, the Geodetic Engineer, together with the PDT/CDT, shall discuss with the stakeholders the procedures involved in the survey activity and their respective functions and responsibilities.

If the area to be surveyed is located next to another ancestral domain area, representatives from the adjoining area shall be invited to attend the Mission Planning.

e. Reconnaissance. A field reconnaissance shall be carried out by the Survey Team prior to the survey in order to identify the location and existence of previously established control/reference points and possible location of project control points to be established and route for the survey. AaIDHS

f. Establishment of Project Controls. In the establishment of project controls, the Survey Team shall look for existing control/reference points within or near the ancestral domain/land and thereafter establish new controls for the ancestral land/domain boundaries. At least two (2) intervisible control points are necessary in the establishment of control points, provided, that the distance to be maintained in between each pair of control points shall not be less than one hundred (100) meters. The survey of project control is made using survey grade Global Positioning System (GPS) equipment or conventional survey instruments.

The project control monuments shall be placed in pairs using standard concrete monuments measuring 30 cm x 30 cm by 100 cm, set at 70 cm on the ground, centered by a galvanized iron spike/copper nail. The label on top of the monument shall specify: (a) the name of the station, which may be derived from the first three (3) letters of the province where it is located, subject to the approval of ADO, numbered accordingly or in coordination with DENR-FNSP; (b) the year of establishment; and, (c) the acronym of NCIP. These project controls are installed at an interval of 5 km distance.

Two or more Geodetic Control points shall be used in the densification of horizontal controls using GPS.

Project controls established using GPS must at least comply with the third (3rd) order positional accuracy requirement set by NAMRIA.

In case of project controls established using Total Stations or similar equipment, the area, measured in hectares, of the ancestral land/domain shall be the basis in determining the type of control to be used. Under such condition, the following type of control as prescribed under DENR Administrative Order (DAO) 98-12 (Revised Manual of Land Surveying Regulations in the Philippines):

Area	Type of Control
Less than 1,500 hectares	Tertiary
More than 1,500 to 15,000 hectares	Secondary
More than 15,000 hectares	Primary

 

g. Perimeter Survey. The survey must be tied to existing reference points of acceptable accuracy established by NAMRIA, DENR, NCIP, and other recognized agencies pursuant to the Philippine Reference System of 1992 (PRS-92). SHaATC

In areas where conventional survey instruments are to be used and sufficient control has already been established, survey and installation of monuments may be done simultaneously. Otherwise, the collection of survey data for each corner shall be made only after the installation of the monuments. Installation of monuments shall be supervised by NCIP Field Personnel or Survey Party. The survey team must note on the record sheets all observations and findings such as daily weather conditions, persons/entities met/coordinated with, daily activities as well as problems encountered affecting the conduct of the survey and the corresponding actions taken in response thereto. Proper coordination with the field offices shall be done to ensure successful completion of the project.

The conduct of perimeter survey shall adhere to the principle of self-delineation in which the traditional boundaries shall be established to determine the metes and bounds of the ancestral domains/lands. However, if due to more recent agreements and community consensus, the applicant community decides that its claim is congruent to or delimited by political or administrative boundaries, the approved technical descriptions of these boundaries shall be adopted. Such agreements or community consensus shall be in the form of written resolution signed by the elders/leaders.

Community members knowledgeable of the boundaries of the ancestral land/domain shall point out the sites/location where the monuments are to be installed. The survey team shall thereafter prepare a sketch showing the relative location of the markers and other related information such as traditional names of places. Documentation thereof shall include pictures explicitly showing the community representative pointing to the installed monuments and identified markers.

If the area to be surveyed adjoins another ancestral land/domain, the representative/s from the adjoining ancestral land/domain, aside from being notified, shall send a community member knowledgeable of the boundaries of their land/domain to join the survey team. The agreement during the boundary conflict resolution shall be followed.

h. Data Processing, Preparation of Survey Returns and Technical Report. The survey plan shall be prepared in accordance with cartographic standards and specific details prescribed in Sec. 86 hereof. It shall indicate the orientation, final boundaries, technical descriptions, footnotes, marginal information, natural landmarks/features, technical marks and other relevant details. It shall be conformed to by the authorized representatives of the applicant community. TaDSHC

All documents that form part of the survey return shall be prepared in prescribed ADO Forms described in Sec. 87.

i. Projection of Survey Plan. Within fifteen (15) days after the initial verification and projection of the survey returns, a copy of the sketch plan shall be furnished to the DENR, DAR and LRA for purposes of common projection in order to determine if there are titled properties and lands with approved surveys that overlap with the surveyed AL/AD. Consequently, said agencies shall issue either a certification of non-overlap or comments/remarks on the result of the projection.

j. Validation of Survey Plan by the Community. The Geodetic Engineer or any member of the survey team, with the assistance of the PDT/CDT shall present the survey plan to the applicant community/clan/family and adjacent community/ies for validation. The applicant community/clan/family may invite a resource person who can assist them in analyzing the survey plan, if they so desire. Any expressed doubts or comments shall be addressed and documented. If corrections are to be made, the Geodetic Engineer shall cause the rectification and subject the survey plan for revalidation by the community/clan/family before its finalization. The council of leaders/elders, or in their absence, the representative/s of the applicant community/clan/family shall affix their signatures/thumb-marks on the plan as confirmation.

The conformity of the elders/leaders/authorized representative of the adjacent community shall be inscribed in a separate document.

k. Submission/Transmittal of Survey Returns. All survey returns shall be transmitted by the Geodetic Engineer to ADO within forty-five (45) days from the termination of the community map validation. acTDCI

The Geodetic Engineer shall submit electronic files of survey data, computation results, and final plan to ADO and ensure that all survey returns are properly authenticated, accompanied by a project completion report prepared by the Geodetic Engineer following the prescribed form.

l. Evaluation/Verification of Survey Returns. The ADO shall verify the survey returns transmitted by the survey team/geodetic engineer, which process includes:

a. Preliminary evaluation through the checking of the completeness of the survey returns 

b. Recording and receiving of survey returns by assigning survey numbers

c. Initial projection of the survey plan to determine any overlap between the subject area and the adjoining ancestral domains/land

d. Checking the correctness of computation and preparation survey returns

e. Final projection of the verified survey

f. Endorsement/recommendation to ADO Director for approval of the survey plan

The verification by examination of the survey returns shall determine the completeness and/or correctness of the following in accordance with specifications prescribed herein:

a. Position derivation: solar/stellar observations, GPS observations

b. Computation sheets, including field notes

c. Cartographic standards in the preparation of the survey plan

d. NAMRIA certification of equipment calibration and GPS data evaluation, in cases where GPS equipment was used

e. Preparation of supporting documents that forms part of the survey returns CcAITa

Upon verification, should it be discovered that error was committed in the preparation of the survey returns, the concerned geodetic engineer shall be directed to cause the correction or rectification of the same.

The ADO may remand survey returns based on the following reasons, but not limited to:

1. Lack of evidence or documents showing the resolution of boundary conflicts, if there be any; and

2. Upon complaint of ICCs/IPs concerned and sufficient evidence showing that the results of the delineation do not actually reflect the area being applied for, or the survey was attended by fraud, force, intimidation, threats, deceit or stealth.

m. Publication of the Technical Description. The verified technical description shall be published in accordance with Part I, Rule IV, Section 20, of this Rules.

n. Protest after Publication/Broadcast/Posting. Any protest on the survey shall be governed by Part I, Rule IV, Sections 34 to 35 of this Rules.

o. Approval of Survey. The ADO Director, upon the recommendation of the Chief of the Recognition Division, shall approve the submitted survey returns after compliance with all requirements.

B. Procedure for the Verification of Previously Approved Surveys as Well as Those Pending with the DENR Upon the Passage of IPRA.

SECTION 2. General Provision. — All survey plans submitted in connection with ancestral land/domain claims previously approved for registration or titling purposes by the DENR or LRA (formerly Land Registration Commission), including those approved by NCIP First Commission but were not issued with either CADT or CALT, shall be reviewed and verified by ADO. On the other hand, unapproved survey plans submitted for the same purpose are not subject to such review and verification, and the same shall be governed by Part II, Rule II, Section 1 of this Rules.

The procedure for review and verification of previously approved survey plans are as follows: STcHDC

a. Review of Survey Returns. The review of survey returns shall be done to determine the correctness and completeness of the approved data or record on hand and to ascertain the availability of the necessary data that can be used as reference for the conduct of verification survey.

In cases where delineation survey was conducted using GPS instruments, review of GPS data shall be conducted by examination of the GPS electronic files and other GPS supporting documents.

In the absence of data necessary for verification, research shall be undertaken for the purpose of gathering pertinent documents.

b. Verification Survey. Only NCIP geodetic engineers and/or accredited geodetic engineers shall conduct verification survey. This verification shall include, among others, actual inspection as to the presence of corner monuments and survey/observation of strategic corners to determine if indeed an actual survey was conducted and to test the positions of corner stones/monuments. As such, the Geodetic Engineer shall conduct test traverse, point positioning, and such other activities provided under Secs. 621 to 625 (Verification Survey) of DAO 98-12.

Ground verification shall likewise be undertaken and this involves consultation between and among the Geodetic Engineer who conducted the first survey, the community-claimant, and other concerned entities.

c. Preparation of Reports and Recommendations. Within twenty (20) days from the completion of the ground verification survey, the NCIP geodetic engineer and/or accredited geodetic engineer directed/contracted to conduct verification survey shall prepare and submit a report to ADO detailing his/her observations and findings on the review of survey returns, and the result of his/her ground verification survey including such specific recommendations as to the necessity of conducting resurvey, amendment survey or correction, as the case may be.

d. Conduct of Re-Survey or Amendment Survey. Any re-survey or amendment survey shall comply with the requirements provided in Part II, Rule II, Section 2 of this Rules. prcd

SECTION 3. Defective Surveys for Want of Authority. — Defective surveys for want of authority refers to past surveys conducted at the instance of ICC/IP claimant, undertaken by private geodetic engineers, but without the required authority from the NCIP or the DENR. Defective Surveys for want of authority shall be verified by ADO following the process in Part II, Rule II, Section 2, and if found to be in order, the defect for want of authority shall be cured through the approval of the plan by ADO. Otherwise, Part II, Rule II, Section 1 of this rule shall be applied.

RULE III

Standards for Delineation of Ancestral Lands/Domains

SECTION 1. Methods of Delineation. — The delineation of ancestral domains/lands shall be conducted using conventional survey methods, GPS or a combination of both. Delineation of ancestral waters shall be done through GPS; for smaller areas, conventional methods may likewise be used.

SECTION 2. Survey Instruments/Equipment. — The following instruments/equipment may be used in the conduct of surveys of ancestral domains/lands: transit, theodolite, total station, steel tape, electronic distance measurement instrument (EDM), or GPS. To ascertain that these instruments are fit for use and capable of achieving the prescribed survey accuracy for registration purposes and conform to the survey standards provided under Secs. 15 to 37, Chapter II of DAO 98-12, a certification to that effect shall be issued by the Lands Management Bureau (LMB) or NAMRIA.

When GPS is to be used in the survey, the authorized/accredited geodetic engineer must submit to ADO the following information for purposes of determining whether it conforms to the survey standards provided under Sec. 58, Chapter III of DAO 98-12:

a. Type of GPS receivers (brand/model)

b. Survey technique/method

c. Elevation mask THESAD

d. Antenna setup specifications and/or antenna type

e. Number of receivers

f. Certification of Calibration and Registration of the instrument issued by NAMRIA

SECTION 3. Level and Standard of Accuracy. — Surveys that will require the use of relative positioning technique shall follow the provisions provided under Sections 47 to 57, Chapter III, Part I of DAO 98-12. For geodetic and project control surveys where conventional survey instruments will be used, Sections 112 to 116, Chapter IV, Part I of DAO 98-12 shall apply.

SECTION 4. Survey Rules in the AD/AL Delineation. — In locating corners for purposes of delineating ancestral domains/lands the following rules and techniques shall be observed:

a. Where the AL/AD area being surveyed adjoins other ALs/ADs with issued CADT/CALT, the corners or boundaries of the latter shall be adopted as boundary of the former.

b. When natural features like bodies of water define the boundaries of an ancestral land/domain, the first and last corners situated along natural features shall be marked with monuments prescribed in Part II, Rule IV, Section 1, items a-c. Intermediate corners along the natural features may be marked with monuments described in Part II, Rule IV, Section 1, items b-d.

c. In cases where bodies of water serve as the boundary between adjoining AL/AD claim/s and its claimants opted to use the inaccessible location of the same as their boundary, at least two (2) witness monuments shall be established on the ground following Part II, Rule IV, Section 1, item e hereof.

d. When peaks and ridges constitute the boundary of the AL/AD, the corners shall be placed at appropriate distances following the general curves of the natural features.

e. The distance between succeeding corner monuments should not exceed 500 meters for AL. cDICaS

f. For AD, a 1,000 meter-distance between succeeding corner monuments, preferably intervisible, shall be observed. In excess of 1,000 meters, a written justification shall be submitted putting in detail the cause and effect of such undertaking.

g. Where the AD covers coastal areas, the portion of the AD constituting the land area shall be surveyed/delimited separate from the water area and the respective technical descriptions shall be described in the survey plan. The corners defining the boundary between the land and water portion of the AD may be used as witness monuments to the submerged/inaccessible corners.

RULE IV

Corner Markers of Ancestral Lands/Domains

SECTION 1. Types of Monuments or Markers. — The position of points and corners of ancestral land/domain shall be defined and marked on the ground by monuments or markers of permanent nature, except when corners lie near physiographic or natural features. The mixture for concrete monuments consists of one (1) part cement, two (2) parts sand, and four (4) parts gravel or broken stone.

The following objects shall be considered as monuments/markers, of permanent nature:

a. Boundary Monuments. For ADs, rectangular parallelepiped concrete monuments measuring 25 cm x 25 cm x 100 cm, set 80 cm, on the ground shall be installed, with "ADBM NCIP" (Ancestral Domain Boundary Monument NCIP) inscribed on top. 

For ALs, cylindrical concrete monuments measuring 20 cm. in diameter and 80 cm. in height or rectangular parallelepiped concrete monuments measuring 20 cm. x 20 cm. x 80 cm., set 60 cm. on the ground shall be installed, with "ALBM" (Ancestral Land Boundary Monument) inscribed on top.

The foregoing monuments shall be centered with a galvanized iron spike, nail, rod or conical hole (not exceeding 2 cm in diameter and not less than 1 cm in depth). Inscriptions shall be at least 0.50 cm deep. cSTHAC

b. Intermediate corners. Intermediate corners shall be defined by rectangular parallelepiped concrete monuments measuring 15 cm x 15 cm x 60 cm, set 50 cm on the ground and inscribed on top with "ADBM" for AD or "ALBM" for AL and centered with galvanized iron spike, nail, rod or conical hole (not exceeding 2 cm in diameter and not less then 1 cm in depth). Inscriptions shall be at least 0.50 cm deep.

c. Immovable or Fixed Hard Rocks/Boulders. The corners of the AL/AD may be defined by immovable or fixed hard rocks or boulders with surface exposed measuring not less than one (1) meter in diameter. The same shall be marked either with an "x" chiseled thereon or patched with cement putty centered with a hole, spike, or nail, and labeled correspondingly.

d. Other Monuments. The following objects shall also be considered as monuments of permanent nature:

1. Concrete posts of fences with outside diameters measuring at least twenty (20) cm.

2. Living edible fruit trees or trees belonging to the first group measuring at least fifteen (15) centimeters in diameter

3. Points on masonry or concrete walls

e. Witness Corner Monuments (WCM). When the AL/AD being surveyed involves inaccessible/submerged corners, at least two (2) "witness monuments" shall be established as near as possible to the said corner/boundary. The corners defined by the witness points should be visible from the inaccessible points. The witness corner may be set using a cylindrical concrete monument that is 15 cm diameter and 60 cm long and set 40 cm on the ground. The letters "WCM" shall be engraved in such monuments.

The location of witness monuments shall be indicated on the survey plan.

RULE V

Prescribed Survey Returns and Forms/Formats

SECTION 1. Survey Returns. — The following documents shall form part of the survey returns of AL/AD surveys:

a. Transmittal Letter SCADIT

b. Work Order or Survey Authority

c. Receiving copy of the Survey Notification Letters

d. Original Field Notes, with pagination, the cover of which is dry sealed by the geodetic engineer, notarized and stamped

e. Original and duplicate copy of the Astronomical Computation Sheets completely filled up and signed by the geodetic engineer

f. Original and duplicate copy of the Traverse Computation Sheets completely filled up and signed by the geodetic engineer

g. Original and duplicate copy of the Lot Data Computation Sheets completely filled up and signed by the geodetic engineer

h. Indicative Maps

i. Monument description sheets

j. Photo documentation of monuments and other survey activities with caption

k. Sketch plan of the survey drawn on appropriate scale

l. Survey plan

m. GPS survey returns signed and sealed by the geodetic engineer

n. Certificate of GPS Data Evaluation issued by the NAMRIA

o. Certified True Copy of Reference Points issued by NAMRIA/DENR

p. Certificate of Equipment Calibration issued by NAMRIA for GPS and by the NCIP/DENR-LMB for other survey instruments

q. Lot description cHCSDa

r. Notarized documents embodying agreements between and among the stakeholders relative to the resolution of conflicts

s. Project Completion Report signed by the geodetic engineer/s and noted by the concerned NCIP Provincial Officer

t. Other related supporting documents

SECTION 2. Survey Plans. — Maps and plans of all AL/AD surveys shall be plotted on appropriate standard base maps projected upon spheroidal quadrangles of Clarke's Spheroid of 1886. The AL/AD survey plan shall contain the following:

a. Name of Claimants for ALs and Tribe/s for ADs

b. Actual location of the AL/AD, identifying therein the Barangay/s, Municipality/ies and Province/s covered

c. Area of AL/AD

d. Technical Description

e. System of survey used

f. Scale used

g. Inclusive dates when the survey was undertaken

h. Name and signature of the geodetic engineer who conducted the survey

i. Name and signature of the Regional Director endorsing the survey plan

j. Name and signature of the designated geodetic engineer who verified the survey returns

k. Name and signature of the Chief of the Recognition Division recommending the approval of the plan

l. Name and signature of the ADO Director approving the plan

m. Name/s and signature/s of the elders/leaders or representatives as the case may be STADIH

n. Annotations indicating Section 56 of IPRA, authority to execute survey, description of corners, adverse claims, relation with any cadastral or public land surveys or reservations, land classification and other information relevant to the surveyed area.

They shall be drawn on the Philippine Plane Coordinate System-Transverse Mercator (PPCS-TM)/PRS '92 to an appropriate scale using drafting materials of stable base and of uniform size prescribed as follows:

The sizes of AL/AD plans are as follows:

	Ancestral Domain	Ancestral Land
Size:	100 x 83 cm	74 x 57 cm
Working space:	80 x 80 cm	54 x 54 cm
Title block	17 x 80 cm	17 x 54 cm
Margin:	1.5 cm	1.5 cm

 

SECTION 3. Codes for AL/AD Survey Forms. — The Survey Forms shall be identified using the following codes:

ADO-Form 01	—	Survey Plan for AD
ADO-Form 01-A	—	Survey Plan for AL
ADO-Form 02	—	Lot Data Computation Sheet
ADO-Form 03	—	Traverse Computation Sheet
ADO-Form 04	—	Astronomical Observation
ADO-Form 05	—	Field Notes Cover
ADO-Form 06	—	Field Notes
ADO-Form 07	—	Monument Description Sheet for GPS Controls
ADO-Form 07-A	—	Monument Description Sheet for Boundary Monuments
ADO-Form 08	—	Survey Notification Letter
ADO-Form 09	—	Lot Description for Ancestral Lands
ADO-Form 10	—	Transmittal of Survey Returns
ADO-Form 11	—	Progress Notes of Survey Verification
ADO-Form 12	—	GPS Observation/Field Sheets

SECTION 4. Numbering System and Symbols for ALs/ADs Survey. — The numbering system for the survey of ALs/ADs shall be followed:

ADs-1401-0020-D	1.	original survey of AD made by a private Geodetic
		Engineer
ALs-1401-0020-D	2.	original survey of AL made by a private Geodetic
		Engineer
ADs-1401-0020-Gni	3.	original survey of AD made by NCIP Geodetic
		Engineer
ALs-1401-0020-Gni	4.	original survey of AL made by NCIP Geodetic
		Engineer
AD-1401-0020-D (Amd)	5.	amendment survey of AD conducted by private
		Geodetic Engineer
AL-1401-0020-D (Amd)	6.	amendment survey of AL conducted by private
		Geodetic Engineer
AD-1401-0020-Gni (Amd)	7.	amendment survey of AD conducted by NCIP
		Geodetic Engineer
AL-1401-0020-Gni (Amd)	8.	amendment survey of AL conducted by NCIP Geodetic
		Engineer
AD-1401-0020-D (Rs)	9.	re-survey of AD made by Private Geodetic Engineer
AL-1401-0020-D (Rs)	10.	re-survey of AL made by private Geodetic Engineer
AD-1401-0020-Gni (Rs)	11.	re-survey of AD made by NCIP Geodetic Engineer
AL-1401-0020-Gni (Rs)	12.	re-survey of AL made by NCIP Geodetic Engineer

 

Final Provisions

SECTION 1. Non-Waiver of Native Title. — The decision of the AL/AD claimant/s to have only those uncontested portions of their claim surveyed shall not be deemed a waiver of their right over the contested area.

SECTION 2. Identification of Ancestral Lands and Exercise of Option Under Section 12 of IPRA. — Any IP who claims to own an ancestral land and who wishes to exercise his/her option as provided under Section 12 of R.A. 8371 must formally inform the Commission through field offices. The processing of the formal recognition of his/her AL must comply with established procedures; provided, however, that after final deliberation by the Commission, instead of ordering the issuance of a CALT, it shall certify that the land is an ancestral land and direct the ADO to transmit to the DENR the pertinent record for purposes of processing the title pursuant to the provisions of Commonwealth Act 141 as amended, or the Land Registration Act 496. The ICC/IP exercising the option must periodically inform ADO of the progress and result of his/her application. DCcAIS

SECTION 3. Contracting Out of Delineation Process. — The delineation process (i.e., Social Preparation activities up to the preparation of the recognition book) of ADs/ALs may be contracted out to qualified third persons or entities in accordance with a contract between and among the concerned ICCs/IPs, the prospective contractor, and the concerned NCIP Regional Director subject to the approval of the CEB.

SECTION 4. Administrative Discipline Over NCIP Personnel. — Any employee, personnel or officer of the NCIP violating any of the provisions of this Rules shall be sanctioned or dealt with in accordance with the Civil Service Rules on Discipline.

SECTION 5. Sources of Funds. — The funding requirements for the activities indicated in this Rules shall be sourced from the General Appropriations Act (GAA), Foreign Aid and Grants, Presidential Operational/Social Funds, PCSO Fund, and other sources.

SECTION 6. Policy Guidelines for Fund Allocation. — The Commission shall observe prudence to ensure efficiency, equity, economy and transparency in fund allocation for the delineation and recognition of ALs/ADs, taking into account the Provincial Delineation Action Plan (PDAP).

Final Clauses

SECTION 1. Applicability of DENR DAO 98-12. — The provisions of DENR Administrative Order 98-12 shall apply in suppletory manner, whenever practicable and convenient and in so far as the same is consistent with the provisions of IPRA.

SECTION 2. Separability Clause. — In case any clause, sentence, section, or provision of this Rules or any portion hereof is held or declared unconstitutional or invalid by a competent court, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect. ITAaCc 

SECTION 3. Repealing Clause. — All Circulars, Memoranda, and Administrative Orders issued by the Commission, or parts thereof, inconsistent with the provisions of this Rules are hereby repealed or modified accordingly.

SECTION 4. Effectivity. — This Rules shall take effect fifteen (15) days after its last publication in a newspaper of a general circulation and registration in the Office of the National Administrative Register, U.P. Law Center, Diliman, Quezon City, Philippines.

Approved this 13th day of April 2012 at Quezon City, Philippines.

(SGD.) ATTY. PERCY A. BRAWNERCommissioner

(SGD.) CONCHITA C. CALZADOCommissioner

(SGD.) DIONESIA O. BANUACommissioner

(SGD.) SANTOS M. UNSADCommissioner

(SGD.) ATTY. ROQUE N. AGTON, JR.Commissioner

(SGD.) COSME M. LAMBAYONCommissioner

(SGD.) ZENAIDA BRIGIDA H. PAWIDChairperson

 

Published in The Philippine Star on May 16, 2012.