Supplemental Guidelines on the Delineation/Titling and Registration of CADTs/CALTs

April 18, 2007

LRA CIRCULAR NO. 13-07

 

Quoted hereunder is the Joint LRA-NCIP Memorandum Circular No. 01, Series 2007 dated March 26, 2007, re: "Supplemental Guidelines on the Delineation/Titling and Registration of CADTs/CALTs", to wit:

"WHEREAS, on August 28, 2002, the Land Registration Authority (LRA) and the National Commission on Indigenous Peoples (NCIP) entered into a Memorandum of Agreement (MOA) to define the areas of coordination; ascertain the extent of authority; and determine the responsibilities of the parties relative to the registration of Certificates of Ancestral Domain Titles (CADTs) and Certificates of Ancestral Land Titles (CALTs) with the Registry of Deeds as required under Section 52(k) of IPRA 8371, otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA);

WHEREAS, on August 22, 2005, the LRA and the NCIP issued Joint Memorandum Circular No. 1, Series of 2005, setting additional guidelines on the Registration of CADTs/CALTs with the Registries of Deeds;

WHEREAS, these two agencies as a result of their continuing Inter-agency Policy Harmonization Dialogues on the registration of CADTs/CALTs and related concerns, the last of which occurred on March, 2006, felt the urgent and critical need to issue additional guidelines and or clarify previous ones, relative to judicial title forms; segregation or exclusion of titled properties within ancestral domains/lands; clarification of certain provisions of IPRA; registration of ancestral waters; and other related matters;

WHEREFORE, in view of the foregoing premises, the following guidelines are hereby jointly promulgated and circularized for the information, guidance and observance of their respective field offices and all concerned:

1. There shall be two (2) judicial title forms to be used by the NCIP in issuing a Certificate of Ancestral Domain Titles (CADTs) or Certificate of Ancestral Land Titles (CALTs) namely: Judicial Form 45 for the Original Certificate of Title (OCT); and Judicial Form 45-D for the Owner's Duplicate Certificate (ODC). The identifying mark "OWNERS DUPLICATE CERTIFICATE" shall be super-imposed, stamped or emblazoned, whichever is practicable, on the left-hand margin of Form 45-D;

2. The copy to be kept by the NCIP shall be a duly certified machine copy of the OCT to be secured from the concerned Registry of Deeds after registration;

3. The CADT/CALT shall be approved, signed and issued by all the Commissioners of the NCIP in accordance with its duly established processes and procedures. The CADT/CALT approved by the Commission and the pertinent papers or instruments shall be submitted to LRA; DcSTaC

4. The CADT/CALT to be registered shall still contain a typewritten or stamped quote of Section 56 of IPRA as directed under No. 5 of NCIP-LRA Joint Memorandum Circular No. 1, Series of 2005;

5. Prior to the approval by the NCIP of the CADT/CALT application, the print copy of the original survey plan of an ancestral domain/land shall be submitted by NCIP to the LRA for projection in order to determine if the AD/AL survey overlaps with titled properties and other approved surveys on file. The LRA has thirty (30) days from receipt of said print copy of the original survey plan within which to return the same to the NCIP, together with the required certification or its findings and recommendations, as the case may be.

 Should there be overlapping of titled properties or approved survey plans for which an Order for Issuance of Decree (OID) has been duly issued by the court with the AD/AL as determined by the LRA, an endorsement to that effect shall be issued by the LRA stating therein the specific details, such as, the approved survey number and/or title number of the titled properties overlapped by the AD/AL survey. Thereafter, the said survey plan, together with the endorsement, shall be returned to the NCIP for segregation/exclusion of such titled property/ies or approved survey plans for which an Order for Issuance of Decree (OID) has been duly issued by the court, from the survey plan and technical descriptions of the AD/AL. For this purpose, it shall be the primary duty and responsibility of the NCIP to secure all necessary data to be used as reference in the exclusion/segregation process. The LRA shall, however, render all the necessary assistance to the NCIP to achieve this objective. The original survey plan, as corrected, shall then be submitted to the LRA anew for final projection and subsequent issuance of certification of non-overlap with titled properties.

 In case there is overlapping with any proclamation, reservation or any other similar issuances, the endorsement hereinabove mentioned shall likewise contain such findings to enable the NCIP to comply with the provisions of Paragraph 13 hereof.

6. Segregation/exclusion shall be limited to the correction of the AD/AL survey plan using the approved technical descriptions of the identified overlapped titled properties but without prejudice to the right of the affected CADT/CALT holders to contest the validity of the title in the proper forum.

7. The print copy of original survey plan of AD/AL to be submitted for projection to the concerned agency/ies should be inscribed with a certification that reads as follows:

CERTIFICATION

This is to certify that this print copy of original survey plan was submitted to the Ancestral Domains Office (ADO), NCIP for verification and the same is found to be in order.

This print copy of original survey plan shall be projected by DENR, DAR and/or LRA for purposes of determining if the survey plan overlaps with titled properties and other approved surveys on file.

Signed: ____________

Date: ____________

8. The original survey plan of AD/AL as corrected pursuant to paragraph 5 hereof, which shall be submitted to LRA for final projection should contain the following:

CERTIFICATION

This is to certify that pursuant to Sec. 8.2 of the NCIP-DENR Memorandum Circular No. 2003-1, the draft survey plan of this original survey plan was submitted to the DENR Regional Office _________ for common projection on ________________, however, the latter not having acted on it despite the lapse of fifteen (15) days from receipt thereof, the same is deemed to be technically acceptable.

Signed: ____________

Date: ____________

9. The subsequent certification of non-overlap issued by DENR, DAR and/or LRA shall also be noted in the original survey plan as part of the reference documents. aHSTID

10. The CADTs/CALTs approved by the Commission, which are still pending registration before the concerned Registry of Deeds (ROD) on the day of the effectivity of this Joint Circular, shall be registered by the concerned ROD without prejudice to the right of the party in interest to file the appropriate action before the court of proper jurisdiction for the segregation/exclusion of titled properties embraced therein.

11. In all cases, property rights within ancestral land/domain already existing and/or vested after the registration of the CADTs/CALTs, but for any reason were not segregated/excluded, the proper party in interest may file the proper action for the amendment of such CADT/CALT, for segregation/exclusion as the case may be, in the court of proper jurisdiction as required by existing laws.

 However, this is without prejudice on the part of NCIP to allow the annotation of such prior vested right on the CADT/CALT pursuant to a procedure to be established.

12. Boundaries between and among provinces, cities and municipalities straddled by the domain including inter-municipal and inter-barangay boundaries shall be indicated in the survey plan; Provided however, that in the absence of survey data on the boundaries of provinces, cities municipalities and barangays, NCIP shall avail of and use the data from the NAMRIA and other reliable and acceptable sources;

13. Where the Ancestral Domain or Ancestral Land is overlapped by any proclamation or reservation, the area covered by said proclamation or reservation shall be so indicated on the survey plan.

 The certification to be issued by the NCIP showing that it has complied with Sec. 52 (i) of RA 8371 and the Resolution of the Commission approving the CADT/CALT shall form part of the documents to be submitted to LRA as basis for the issuance of the appropriate authority to register;

14. CADTs covering coastal areas/portions of the sea known to be traditionally used or occupied by indigenous peoples concerned shall be allowed registration provided that said bodies of water shall be so delineated on the plan with corresponding description separate from the land. This provision shall not apply to inland waters;

15. In cases of ancestral domain/land claims previously delineated by the DENR by virtue of Special Order No. 31, Series of 1990 and Department Administrative Order No. 02, Series of 1993, the approved plan covering such claims shall be retained and the NCIP is not required to issue a new approved plan, provided that no changes were made on its technical descriptions. In the same manner, there shall be no need for NCIP to request projection of the said plan with the DENR and NCIP shall directly request and secure the certificate of non-overlap with titled properties from DENR.

16. After registration of the CADT/CALT, the ODC shall be released to the NCIP for awarding to the title owner/s; and

17. Provisions of the Memorandum of Agreement dated 28 August 2002 between the LRA and NCIP, and that of the LRA-NCIP Joint Memorandum Circular No. 1, Series 2005, which are inconsistent with the Joint Memorandum Circular No. 1, Series 2007, are hereby repealed or modified accordingly.

This Memorandum Circular shall take effect immediately upon its approval.

Issued this March 26, 2007 at Quezon City, Philippines. 

(Sgd.) BENEDICTO D. ULEP	(Sgd.) JANNETTE SERRANO REISLAND
Administrator	Chairperson
Land Registration Authority	National Commission on
	Indigenous Peoples"

For compliance.

(SGD.) BENEDICTO B. ULEPAdministratorLand Registration Authority