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Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 08-375

A RESOLUTION AMENDING SECTION V, 4.2 (B) OF THE JOINT NCIP-PCSD MEMORANDUM CIRCULAR NO. 2005-1

WHEREAS, pursuant to R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, which took effect on 19 June 1992, the SEP has been the framework of government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;

WHEREAS, pursuant to section 9 of R.A. 7611, the PCSD has established a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea known as the Environmentally Critical Areas Network (ECAN);

WHEREAS, section 19 of said Act vests the PCSD with the power to 1) formulate plans and policies as may be necessary to carry out the provisions of this Act and 2) adopt, amend and rescind such rules and regulations and impose penalties therefor for the effective implementation of the SEP;

WHEREAS, Republic Act No. 8371, otherwise known as the Indigenous People Rights Act of 1997, was passed into law to recognize, protect and promote the rights of the indigenous people by instituting and establishing the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs, interests and institutions, and to adopt and implement measures to protect their rights to their ancestral domains;

WHEREAS, both the PCSD and the NCIP recognize the Strategic Environmental Plan as the comprehensive framework for the sustainable development of Palawan, adhere to the general policy of the state to promote and protect the preferential rights of the Indigenous Cultural Communities/Indigenous People to their ancestral domains and agree to the importance of promoting indigenous ways for the sustainable management of the natural resources;

WHEREAS
, in order to enhance the delivery of public service to the indigenous people in the province of Palawan, in view of the need to clarify the jurisdiction and responsibilities of the NCIP and the PCSD with respect to tribal ancestral zones (TAZ), the Joint NCJJP-PCSD Memorandum Circular No. 2005-1, on the “Harmonization of the Implementation of the Indigenous Peoples Rights Act and the Strategic Environmental Plan for Palawan”, was approved through Resolution 06-274;

WHEREAS, said Memorandum Circular provides that “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”:

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 Transmittal 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

(Emphasis supplied)

WHEREAS, the PCSD Legal Committee, upon referral to it of areas to be proclaimed as Tribal Ancestral Zones for review before the proclamation by PCSD pursuant to Step No. 11, as stated in the preceding paragraph, recommended the amendment of the procedural steps to the effect that “publication” (Step No. 12) should precede the “proclamation” by the PCSD (Step 11) to serve as a notice to all those who claim any private, vested or adverse right over the areas sought to be proclaimed as tribal ancestral zones and so that such claims, upon proper determination, may be excluded from the proclamation by the PCSD;

WHEREAS, the PCSD Tribal Affairs Committee (TAC), upon deliberation between and among its members, Atty. Noel Felongco (NCIP Commissioner), Mayor Rosendo Mantes (League of Municipalities President), Rhodora Untalan (Provincial Legal Office), Dir. Cleofe Bernardino (PNNI) and Mercedez Mediodia (NATRIPAL), through TAC Resolution No. 2008-4, adopted the recommendation of the PCSD Legal Committee as to amendments and endorsed the same for PCSD approval;

WHEREFORE, upon motion duly seconded, the Council resolves, as it is hereby resolved, to amend, as hereby it is amended, Section V, 4.2 (b) of the Joint NCIP-PCSD Memorandum Circular No. 2005-1 to read as follows:

b. 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. Publication of the Ancestral Domain/Land Claim
12. Proclamation/Declaration of Tribal Ancestral Zone by the PCSD and Transmittal to the Ancestral Domains Office of the NCIP
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 Tribal 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

RESOLVED FINALLY, that copies of this Resolution be sent to the National Commission on Indigenous People (NCIP) and other concerned agencies for their information and guidance.

I hereby certify that the above-quoted Resolution has been duly approved and adopted by the PCSD on 28th day of November 2008 at Puerto Princesa City, Palawan.

 

ROMEO B. DORADO
Secretary

APPROVED:

HON. MARIO JOEL T. REYES
Chair