VOLUNTEER LAWYERS FOR ANCESTRAL DOMAINS
VOLUNTEER LAWYERS FOR ANCESTRAL DOMAINS
My dear countrymen, necessity
might be the mother of invention, but I think that persistence is the father. That
is what I thought when I finally found a way to contact volunteer lawyers who
could help Indigenous Tribal Peoples (ITPs) acquire Certificates of Ancestral
Domain Titles (CADTs) for their ancestral lands. As it is supposed to be, the
National Commission for Indigenous Peoples (NCIP) is supposed to be providing
the lawyers to the ITPs so that they could acquire their CADTs, but that does
not seem to be happening.
Based on available data, there
are supposedly about 590 ancestral domains that have been “recognized” by the NCIP,
but apparently, it does not automatically mean that “recognition” would mean
the issuance of a CADT. According to Microsoft Copilot, START QUOTE: to claim an ancestral land in the Philippines, several
steps and requirements must be fulfilled, including a cadastral survey. Here's
an overview of the process:
1.
Community
Organization: The indigenous
community must organize and form a Community Service Center (CSC) to initiate
the claim.
2.
Filing of
Application: The community applies
for a Certificate of Ancestral Domain Title (CADT) to the National Commission
on Indigenous Peoples (NCIP).
3.
Documentation: The community must gather and submit necessary
documents, including proof of occupation and possession since time immemorial,
genealogical records, and other relevant evidence.
4. Cadastral Survey: A cadastral survey is conducted to delineate the boundaries of the claimed ancestral domain. This involves field validation and the production of maps and technical descriptions
5.
Community
Delineation Team (CDT): A CDT is
formed to assist in the survey and documentation process.
6.
Public
Consultation: Public
consultations are held to ensure transparency and to address any concerns from
other stakeholders.
7.
NCIP
Review: The NCIP reviews the
application, survey results, and supporting documents.
8.
Decision
and Issuance: If the application
is approved, the NCIP issues the CADT, formally recognizing the community's
rights to the ancestral domain END QUOTE
As it is supposed to be, the
NCIP is supposed to be providing the money and the other resources so that the
ITPs could complete all these eight steps, but that does not seem to be
happening. As a result, many of their claims have not been processed, and their
CADTs have not been issued. To be honest, having a volunteer lawyer is just one
hurdle, because these eight steps will require a lot of money that the ITPs do
not have.
Fortunately, I got a reply from
the Integrated Bar of the Philippines (IBP) National Center for Legal Aid. A kind
person from that center suggested that I contact their Bukidnon chapter, because
I told them that it is the Talaandig tribe in Bukidnon that needs help. That
turned out to be a blessing in disguise, because now I know that the best way
to approach the IBP is through their provincial chapters. That is good, because
there is an Aeta tribe in Zambales also needing a CADT. Your friend, IKE
SENERES/12-19-24/visit my blog senseneres.blogspot.com
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