Regional Advisory No.

001
Series of 2019

Pursuant to the provisions of Chapter III Section 7 par. e, Section 8 par. a and Section
10, Chapter IV, Chapter VIII Section 53(a), sections 55 and 56 of the Republic Act No.
8371 (RA 8371) otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA)
and under its Implementing Rules and Regulations, Rule III: Rights to Ancestral Domain,
Part II Section 5, Procedure for Regulating Entry of Migrants and Other Entities and Part
II: Section 1, Rights of the ICCs/IPs to their Ancestral Lands, in pursuing the right of the
indigenous cultural communities/indigenous peoples to their ancestral domains and
lands, and other NCIP administrative issuances the following Advisory and procedures
on the issuance of Certificate of Actual Land Occupancy for Migrants (CALOM) and
Certificate of Ancestral Domain Land Allocation (CADLA) is hereby issued for the
information and compliance of all concerned.

RULE I. PRELIMINARY PROVISIONS

Section 1. Title. This Advisory shall be known as “The Regional Advisory on the Issuance
of Certificate of Actual Land Occupancy (CALOM) and Certificate of Ancestral
Domain Land Allocation (CADLA).”

Section 2. Basic Principles and Objectives.

a. General: To promote and strengthen the right of the indigenous cultural

communities/indigenous peoples (ICCs/IPs) of Region XI to their ancestral
domains as well as to ensure their right to regulate entry of migrants, and right to
transfer land or property by and between ICCs/IPs through their existing
indigenous socio-political structures, systems, and institutions.

b. Specific:

1. To establish a standard mechanism to allow the interfacing of indigenous

systems of governance with respect to possession and occupation within the
ancestral domain to existing local and national thrust and policies;

2. To validate and confirm prior migrant’s and IP’s possession within the
ancestral domain and issue pertinent documents thereto regulating,
acknowledging, and recognizing their possession, and occupation;

3. To affirm and strengthen their IPS in the exercise of the ICCs/IPs’ rights to their
ancestral domain; and

4. To establish a regional directory and data index per ancestral domain within
Region XI of the migrant occupants, commercial or business entities,
government, and non-government organizations occupying or possessing a
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portion of the ancestral domain, and of the IP clans and claimants within the
ancestral domain.

Section 3. Definition of Terms.

a. Ancestral Domains — Subject to Section 56 of IPRA, refer to all areas

generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas,
and natural resources therein, held under a claim of ownership, occupied or
possessed by ICCs/IPs, by themselves or through their ancestors, communally or
individually since time immemorial, continuously to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth or as
a consequence of government projects or any other voluntary dealings entered
into by government and private individuals/corporations, and which are
necessary to ensure their economic, social and cultural welfare. It shall include
ancestral lands, forests, pasture, residential, agricultural, and other lands
individually owned whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water, mineral and other
natural resources, and lands which may no longer be exclusively occupied by
ICCs/IPs but from which they traditionally had access to for their subsistence and
traditional activities, particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;

b. Ancestral Domain Development Area (ADDA) – Area identified by the

ICCs/IPs within the Ancestral Domain consisting of at least fifty (50) hectares that
may be used for development projects and investments in partnership with
government agencies or private entities;

c. Ancestral Lands — Subject to Section 56 of IPRA, refers to lands occupied,

possessed and utilized by individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through their predecessors-in-
interest, under claims of individual or traditional group ownership, continuously,
to the present except when interrupted by war, force majeure or displacement
by force, deceit, stealth, or as a consequence of government projects and other
voluntary dealings entered into by government and private
individuals/corporations, including, but not limited to, residential lots, rice
terraces or paddies, private forests, swidden farms and tree lots;

d. Ancestral Domain Management Office(ADMO) — refers to the indigenous

people’s organization duly accredited, accepted and authorized by the
indigenous political structure (IPS) to serve as their technical arm in the
management of the ancestral domain. This under the control and supervision of
the IPS;

e. Ancestral Domain Sustainable Development and Protection Plan

(ADSDPP)– A blueprint of the long term development of ICCs/IPs for the
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sustainable development and protection of their ancestral domain including

their Indigenous Knowledge Systems and Practices (IKSP);

f. Certificate of Ancestral Domain Title(CADT)— refers to a title formally

recognizing ownership and possession of ICCs/IPs over their ancestral domains
identified and delineated in accordance with the IPRA;

g. Certificate of Ancestral Lands Title(CALT) — refers to a title formally

recognizing the rights of ICCs/IPs over their ancestral lands;

h. Customary Laws — refer to a body of written and/or unwritten rules,

usages, customs, and practices traditionally and continually recognized,
accepted and observed by respective ICCs/IPs;

i. Certificate of Actual Land Occupancy for Migrants (CALOM) – refers to the

tenurial instrument issued by the ICCs/IPs who own the ancestral domain through
their IPS allowing, regulating and acknowledging their prior possession, subject
and pursuant to adopted rules and policies enunciated in the ADSDPP of the
concerned ICCs/IPs and this advisory including future issuances on this matter by
NCIP and higher authorities;

j. Certificate of Actual Land Allocation (CADLA) – an instrument issued in

favor of individuals, families and clans belonging to the ICCs/IPs who own the
ancestral domain as proof of their actual possession and allocation pursuant to
the existing policies and ADSDPP relative to land allocation and this advisory
including future issuances on this matter by NCIP and higher authorities;

k. Free and Prior Informed Consent (FPIC) — the consensus of all members of
the ICCs/IPs to be determined in accordance with their respective customary
laws and practices, free from any external manipulation, interference and
coercion, and obtained after fully disclosing the intent and scope of the activity,
in a language and process understandable to the community;

l. Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)— refer to

a group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of
ownership since time immemorial, occupied, possessed and utilized such
territories, sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to political, social and
cultural inroads of colonization, non-indigenous religions and cultures, became
historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as indigenous on account of their descent
from the populations which inhabited the country, at the time of conquest or
colonization, or at the time of inroads of non-indigenous religions and cultures, or
the establishment of present state boundaries, who retain some or all of their
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own social, economic, cultural and political institutions, but who may have been
displaced from their traditional domains or who may have resettled outside their
ancestral domains;

m. Indigenous Political Structures (IPS) — refer to organizational and cultural

leadership systems, institutions, relationships, patterns and processes for decision-
making and participation, identified by ICCs/IPs such as, but not limited to,
Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or
body of similar nature. This is the highest governing body of the Ancestral
domain;

n. Indigenous Peoples Mandatory Representative (IPMR) – person duly issued

a Certificate of Affirmation in accordance with NCIP Administrative Order No. 3,
series of 2018, otherwise known as the Revised National Guidelines for the
Mandatory Representation of Indigenous Peoples in Local Legislative Councils
and Policy-Making Bodies.

o. Individual Claims — refer to claims on land and rights thereon which have
been devolved to individuals, families, and clans including, but not limited to,
residential lots, rice terraces or paddies and tree lots;

p. Integrated Ancestral Domain Development Approach (IADDA) – an NCIP-

initiated project wherein the ICCs/IPs identify areas within the ancestral domain
consisting of not more than fifty (50) hectares for integrated agricultural development,
with the assistance of other government agencies, to provide food and livelihood for the
ICCs/IPs and has nine (9) components, namely fishpond, poultry, goat barn, water
system, farm house, vermiculture, agro-forestry, Food Always In The Home (FAITH), and
protection;

q. Migrants – refer to non-IPs and IPs who occupy portions of ancestral

domain of other ICCs/IPs subject to the regulation of the IPS;

r. Survey – is the determination of the three-dimensional points and

distances of angles between them to identify farm lots or area of occupation
within the ancestral domain that will be conducted by the duly accredited
geodetic engineer by NCIP and assisted by the concerned indigenous people’s
organization;

s. Tribal Chieftain Certification – a document issued and signed by the

Barangay Tribal Chieftain of the barangay where the land applied for is situated,
certifying that the person to whom the document is issued is indeed an
occupant and has cultivated or introduced an improvement within the portion
of the ancestral domain;

t. Barangay Certification – a document issued and signed by the Punong

Barangay of the barangay where the land applied for is situated, certifying that
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the person to whom the document is issued is indeed an occupant and has
cultivated or introduced an improvement within the portion of the ancestral
domain;

u. Contract of Lease – the contract between the migrant and the ICCs/IPs
through their IPS acknowledging, recognizing possession of the migrant and
allowing the continued possession and occupation within the ancestral domain
for a period of Twenty-Five (25) years and subject to other terms and conditions
of the continued possession and occupation;

v. Information education and communication campaign (IEC) – activity

conducted to ensure that all stakeholders, government, non-government, the
migrants occupying, and /or conducting programs and project within the
ancestral domain understand the laws, community rules, policies and program
of the indigenous cultural communities, including but not limited to IPRA,
migrant’s policies in the ADSDPP, IKSP and other relevant and related
information.

RULE II. PRELIMINARY ACTIVITIES

Section 4. Region-wide Inventory and Research. The NCIP Regional Office shall conduct
a region-wide inventory of landholdings inside the ancestral domains within the region.
It shall likewise conduct research identifying the alienable and disposable lands and the
tenurial instruments issued covering landholdings located inside the ancestral domains,
and other relevant information.

Section 5. Community Rules. Each community shall formulate its own rules for the
regulation of entry of migrants and allocation of lands to its member IPs, in consonance
with its customary laws, ADSDPP and this Advisory. The IPS shall furnish the NCIP
Provincial Office a copy of said community rules prior to its implementation.

Section 6. ADMO Inventory. The ADMO must have an inventory of actual land
occupants including but not limited to list of stakeholders (both IPs and non-IPs). The
inventory shall include the following information: name of the occupant, location, area
actually occupied, and land usage. The ADMO shall use the inventory form annexed to
this Advisory as Annex A.

Section 7. Information Campaign. The ADMO, with the assistance of the NCIP, shall
conduct an information campaign on this Advisory on all occupants within the
ancestral domain and other stakeholders.

Section 8. Excluded and Exclusive Areas. No CALOM/CADLA shall be issued covering

alienable and disposable land with title and approved survey plan prior to the
effectivity of the IPRA and protected and critical areas identified in the ADSDPP under
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the Rules on Environmental Protection, Conservation and Management, or as may be

determined by the IPS, and other laws.

Section 9. Allocation Threshold. The IPS shall decide the maximum area within the
ancestral domain that may be granted through CALOM, which maximum area shall in
no case exceed thirty percent (30%) of the ancestral domain area.

RULE III. RULES AND PROCEDURES

A. APPLICATION FOR ISSUANCE OF CALOM

Section 10. Who May Apply. Only migrants actually occupying part of an ancestral
domain prior to the effectivity of IPRA may apply for a CALOM.

The land applied for must not exceed the maximum area fixed in the ADSDPP, which
shall not be more than five (5) hectares. Migrants actually occupying part of the
ancestral domain more than the maximum area shall not be qualified to apply for
CALOM for the excess area.

Migrants actually occupying part of the ancestral domain whose activities fall within
those requiring FPIC process shall not be qualified to apply for CALOM. They shall
undergo a validation process for the issuance of Certificate Precondition (CP) in
accordance with the NCIP Administrative Order No. 3, series of 2012, on the Revised
Guidelines on Free and Prior Informed Consent (FPIC) and Related Processes 2012 and
its future amendment or modification.

Section 11. When to Apply. All qualified migrants shall file their applications for CALOM
with the concerned ADMO within three (3) years from effectivity of the community rules.
Failure to file within this period shall subject the applicant, in addition to the application
fee, to payment of surcharge of 5% per month of delay. However, the IPS may at any
time after the three (3)-year period consider such inaction on the part of the occupant
a waiver of his/her privilege to the area occupied and shall be cause for the IPS to
eject the occupant from the ancestral domain.

Section 12. Documentary Requirements. The applicant shall submit a duly

accomplished application form (Annex B hereof) for the issuance of CALOM before the
concerned ADMO together with other mandatory requirements, as follows:

1. Basis of occupancy:

a. Transfer of rights;
b. Usufruct;
c. Affidavits of IPs authorizing occupancy;
d. Stewardship; or
e. Other similar document/s;
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2. Survey plan or indicative map;

3. Tribal Chieftain Certification;
4. Barangay Certification;
5. Affidavit of undertaking (Annex C hereof).

The applicant must pay application and processing fees in accordance with Section 33
of this Advisory.

The Treasurer of ADMO shall receive proof of payment and issue an official receipt.

Section 13. Within ten (10) days from receipt of the application and complete
supporting documents, the ADMO shall make an initial assessment of the application
and recommend the conduct of ground verification to the IPS.

Section 14. The head of the IPS shall issue a ground verification order to the ground
verification team (GVT), whose members are indigenous peoples who are familiar with
the subject area.

The IPS, through the ADMO, shall direct the applicant to pay a ground verification fee,
which shall include the cost for the survey of the area and other related costs, in
accordance with Section 33 of this Advisory.

Section 15. Within ten (10) days upon payment by the applicant of the ground
verification fee, the GVT shall conduct the ground verification and perform the
following:

1. Ocular inspection;
2. Geo-tagging; and
3. Survey.

Only NCIP-accredited geodetic engineers shall perform the survey.

The ground verification shall assess and validate the following:

1. Location;
2. Actual area occupied by the applicant;
3. Existence of overlapping claims; and
4. Actual land usage and improvements.

Section 16. Within ten (10) days from the conduct of the ground verification, the
ADMO shall indorse the result of the survey (map and technical description) to the NCIP
Regional Office for projection. The NCIP Regional Office shall project the survey plan
and determine whether or not the area applied for is part of the ancestral domain.
After such determination, the NCIP Regional Office shall also issue a certificate of
projection.
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After receiving the certificate of projection from the NCIP Regional Office, the GVT shall
submit its assessment and verification report to the ADMO. The ADMO shall then make a
recommendation to the IPS.

Section 17. The IPS shall order the ADMO to review the veracity and completeness of
the supporting documents. If found complete, it shall order the ADMO to prepare the
CALOM and the Contract of Lease.

The CALOM shall be signed by the Chairman of the ADMO as recommending authority
and the IPS Head as the approving/granting authority, duly noted by the NCIP
Provincial Office. The Contract of Lease shall be signed by the claimant, on the one
hand, and the IPS Head being the approving/granting authority and Chairman of the
ADMO being the technical arm of the IPS, with the NCIP Provincial Office as Third Party
thereto.

The NCIP Provincial Office shall forward all documents to the NCIP Regional Office for
docketing and recording, as provided in Part D of Rule III of this Advisory.

B. APPLICATION FOR ISSUANCE OF CADLA

Section 18. Who May Apply. IPs within an ancestral domain may apply for a CADLA;
provided that those included in the Alpha List or CADT Claim Book or Master List are
given priority in the issuance of CADLA. The land applied for must not exceed the
maximum area fixed in the ADSDPP/community rules, keeping in mind the 12-hectare
limit provided in Article XII, Section 3, of the 1987 Philippine Constitution.

There shall be one application for a family at a time. For equitable distribution, the IPS
shall ensure that each family in the ancestral domain are allocated with lands subject
to the community rules of the IPS and this advisory and future issuance of NCP on this
concern.

IPs occupying portions of the ancestral domain without a corresponding CADLA may
not negotiate for benefit-sharing scheme other than what is provided in the ADSDPP in
case the land is used for development.

Section 19. Documentary Requirements. The applicant shall submit a duly

accomplished application form (Annex B-1 hereof) for the issuance of CADLA before
the concerned ADMO together with other mandatory requirements, as follows:

1. Certificate of Confirmation;
2. Tribal Chieftain Certification; and
3. Barangay Certification.

Section 20. Within ten (10) days from receipt of the application and complete
supporting documents, the ADMO shall make an initial assessment of the application. It
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shall verify whether the claimant is included in the Alpha List. After initial assessment, it
shall recommend the conduct of ground verification to the IPS.

Section 21. The head of the IPS shall issue a ground verification order to the GVT, whose
members are indigenous peoples who are familiar with the subject area, to check for
any improvement/development on the land applied for by the applicant.

The IPS, through the ADMO, shall direct the applicant to pay a ground verification fee,
in accordance with Rule IV of this Advisory.

Section 22. Within ten (10) days upon payment by the applicant of the ground
verification fee, the GVT shall conduct the ground verification and perform the
following:

1. Ocular inspection;
2. Geo-tagging; and
3. Survey.

Only NCIP-accredited geodetic engineers shall perform the survey.

The ground verification shall assess and validate the following:

1. Location;
2. Actual area occupied by the applicant;
3. Existence of overlapping claims, including the existence of member IPs
actually occupying and cultivating the land; and
4. Actual land usage and improvements.

Section 23. Within ten (10) days from the conduct of the ground verification, the
ADMO shall indorse the result of the survey (map and technical description) to the NCIP
Regional Office for projection. The NCIP shall project the survey plan and determine
whether or not the area applied for is part of the ancestral domain. After such
determination, the NCIP Regional Office shall also issue a certificate of projection.

After receiving the certificate of projection from the NCIP Regional Office, the GVT shall
submit its assessment and verification report to the ADMO. The ADMO shall then make a
recommendation to the IPS.

C. ISSUANCE OF CALOM/CADLA

Section 24. Existence of Overlapping Claims. If upon ground verification it should be

found that there are other claimants to the area or when an opposition to the
application has been filed by another claimant, these overlapping claims must be
resolved first in accordance with Rule VIII of this Advisory prior to the approval of the
CALOM or CADLA.
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In case of doubt, conflicting claims between a member IP and a migrant shall be

resolved in favor of the member IP.

If an individual, family or clan who is/are member/s of the ICC/IP concerned is/are
claiming the area applied for by a migrant and has/have continuously occupied and
cultivated the area longer than the migrant applicant and/or his transferors-in-interest,
whose possession of the land or rights thereto is not derived from said individual, family
or clan, the application for CALOM shall be denied.

Section 25. The IPS shall order the ADMO to review the veracity and completeness of
the supporting documents. If found complete, it shall order the ADMO to prepare the
CADLA and the Memorandum of Agreement.

The CADLA shall be signed by the Chairman of the ADMO as recommending authority
and the IPS Head as the approving/granting authority, with the conformity of the NCIP
Provincial Office. The Memorandum of Agreement shall likewise be signed by the
applicant, on the one hand, and the IPS Head being the approving/granting authority
and Chairman of the ADMO being the technical Arm of IPS, with the conformity of the
NCIP Provincial Office.

The NCIP Provincial Office shall forward all documents to the NCIP Regional Office for
docketing and recording, as provided in Part D of Rule III of this Advisory.

Section 26. Issuance of the CALOM/CADLA. After docketing and recording, the NCIP
Regional Office shall release the CALOM/CADLA to the claimant after payment by the
latter of the rental fee in accordance with Rule IV of this Advisory.

Section 27. Contestability Period. Any person claiming an interest over the area
covered by a CALOM/CADLA may contest the CALOM/CADLA within two (2) years
from date of its issuance, in accordance with Rule VIII of this Advisory. Otherwise, he/she
is barred from challenging the validity of the CALOM/CADLA.

D. TERMS AND CONDITIONS

Section 28. Validity and Non-Transferability. The CALOM shall be valid for a maximum
period of twenty-five (25) years, renewable for another twenty-five (25) years, unless a
shorter period is fixed by the community rules. It shall not be transferrable, except to
relatives within the third (3rd) civil degree of consanguinity.

The CADLA shall remain valid until cancelled, in accordance with Section 42. It shall
only be transferable to another member of the same ICC/IP.

The transferee shall be bound by the terms and conditions of the CALOM/CADLA, the
Contract of Lease or Memorandum of Agreement, and this Advisory.
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Section 29. Utilization and Development of the Area Covered by the CALOM/CADLA. For
CALOM, the certificate holder shall use, cultivate or develop the area within one (1)
year from issuance of the CALOM. For CADLA, the period to use, cultivate or develop
shall be two (2) years from issuance of the CADLA.

Non-use of the land shall be a ground for the cancellation of the CALOM/CADLA. For
non-use of land covered by CADLA, the occupant shall nevertheless retain five
hundred square meters (500 sqm) for residential use.

In case where the utilization of the area requires FPIC, the certificate holder shall
comply with the FPIC process. Upon issuance of the CP, the CALOM/CADLA shall be
cancelled.

The certificate holder shall not mortgage or otherwise encumber the area covered by
CALOM/CADLA. However, he/she may use the crops and improvements on the land as
security for loans.

Section 30. Contents of the Lease Contract. The Contract of Lease (Annex D hereof)
shall contain the following provisions:

a. Area covered and its location;

b. Clause on non-transferability;
c. Annual rental fee, subject to increase as determined by the ICC/IP;
d. Benefit-sharing scheme;
e. Responsibilities of the parties;
f. Inclusive dates/duration of the agreement;
g. Prohibited acts;
h. Grounds for termination of the lease;
i. Re-negotiation of the economic provisions every five (5) years;
j. Increment of Royalties of at least 10% of the Net Income after tax after 3 years
shall be added to existing Royalties if no agreement can be reached in the
re-negotiation period.
k. Remedies/Penalties for non-compliance or violation of the terms and
conditions, which include applicability of customary laws and imposition of
sanctions;
l. Provision on the effects of non-use of the area;
m. Measures to protect IP rights and value systems;
n. Measures to conserve/protect the ecological balance of the ancestral
domain, including conservation/protection of any affected portion of the
ancestral domain critical for watersheds, mangroves, wildlife sanctuaries,
forest cover, and the like; and
o. Other requirements provided in this Advisory.

Section 31. Contents of the Memorandum of Agreement. The Memorandum of

Agreement (Annex D-1 hereof) shall contain the following provisions:
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a. Area covered and its location;

b. Clause on restrictions on transferability of CADLA;
c. Benefit-sharing scheme in case of utilization and development of natural
resources;
d. Responsibilities of the parties;
e. Prohibited acts;
f. Grounds for cancellation/termination;
g. Remedies/Penalties for non-compliance or violation of the terms and
conditions, which include applicability of customary laws and imposition of
sanctions;
h. Provision on the effects of non-use of the area;
i. Measures to protect IP rights and value systems;
j. Measures to conserve/protect the ecological balance of the ancestral
domain, including conservation/protection of any affected portion of the
ancestral domain critical for watersheds, mangroves, wildlife sanctuaries,
forest cover, and the like; and
k. Other requirements provided in this Advisory.

Section 32. Contents of the CALOM/CADLA. The CALOM/CADLA shall have a control
number and shall state the name of the occupant, the location of the land, area,
technical description, and date of issuance and expiration.

The CALOM (Annex E hereof) shall additionally state the following:

1. That the certificate shall be valid for a maximum of twenty-five (25) years or a
shorter period fixed by the community rules, unless cancelled on valid
grounds;
2. That the certificate is non-transferrable, subject only to the exception
provided in this Advisory;
3. That the certificate holder must cultivate, utilize and/or develop the land in
accordance with the ADSDPP within one (1) year from the date of its
issuance; and
4. That the certificate holder is bound by the Contract of Lease and this
Advisory.

The CADLA (Annex F hereof) shall additionally state the following:

1. That the certificate shall be valid until cancelled on valid grounds;

2. That the certificate is non-transferable to persons who are not members of
the same ICC/IP;
3. That the certificate holder must cultivate, utilize, and/or develop the land in
accordance with the ADSDPP within two (2) years from the date of its
issuance; and
4. That the certificate holder is bound by the Memorandum of Agreement and
this Advisory.
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E. RENEWAL OF CALOM APPLICATION

Section 33. At least one (1) year before the expiration of the CALOM, the applicant
may apply for renewal of his/her CALOM by submitting to the ADMO the following
requirements:

1. Duly accomplished renewal form;

2. Previously issued CALOM; and
3. Actual use of the land.

Section 34. The ADMO shall examine and assess the application for renewal and
determine the necessary fees.

Section 35. After assessment, the ADMO shall make a recommendation to the IPS
whether to approve or deny the issuance of the CALOM. If the recommendation is for
approval, the IPS shall order the ADMO to prepare the CALOM and Contract of Lease,
approve the CALOM and sign the Contract of Lease with conformity by the NCIP
Provincial Office. The ADMO shall forward all documents to the NCIP Regional Office for
docketing and recording.

RULE IV. SCHEDULE OF FEES AND ROYALTIES

Section 36. Schedule of Fees.

a. The applicant shall pay the following fees:

Nature of Fees Amount

Application/Processing fees P 150.00
Ground verification fee P 2,500 per hectare

b. Upon issuance of the CALOM, the certificate holder shall pay to the ADMO
the annual rental fees, as follows:

Land Use Annual Rental Fee

Minimum Excess over Rate from minimum
Agricultural purpose 1 hec. or less P3,600 P3,600.00 per hectare
Residential purpose 100 sq. m. 100 P100.00 per 100 sq. m.
Commercial Purpose 1000 sq. m. 3,000 P300.00 per 100 sq. m.

The above-mentioned fees shall be without prejudice to amounts that may be fixed by
the ICC/IP, which shall in no case exceed the amounts fixed above. In case higher fees
are imposed, the same shall be subject to the approval by the NCIP Regional Office.

Fees may be updated by the IPS, subject to approval by the NCIP Regional Office.
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Upon issuance of the CALOM, the applicant shall pay the rental fee for the first year as
a condition for the release of the CALOM. Thereafter, the certificate holder shall pay
the annual rental fee before the end of January of every year.

Failure to pay the annual rental fee before the end of January shall be subject to a
penalty at a rate of five percent (5%) for every month of delay, unless a different rate is
provided in the ADSDPP/community rules.

Section. 37. Manner of Payment. All payments shall be made by depositing the amount
in the bank account designated for the purpose by the ADMO. The corresponding
deposit slip shall be presented as proof of payment.

Section 38. Royalties. In case where the land is used for agricultural or commercial
purpose, the certificate holder shall likewise pay, in addition to the annual rental fee, a
royalty of one percent (1%) from the gross income of the certificate holder from his/her
utilization of the land or 10% of the net income before tax by agreement of the parties.
In case of the parties have no agreement on this matter, the royalty of one (1%) of gross
income shall govern the parties. The royalties shall likewise be due before the end of
January of every year.

Failure to pay royalties due shall likewise be subject to a penalty at a rate of five
percent (5%) of the accumulated receivable from the concern CALOM holder for every
month of delay.

RULE V. AREAS TO BE USED FOR DEVELOPMENT

Section 39. In case an area covered by a CALOM/CADLA will be identified for

development, such as an Ancestral Domain Development Area (ADDA) or for
Integrated Ancestral Domain Development Approach (IADDA), other investments or
programs and projects of the government or non-government organizations, the
affected certificate holder/s shall be compensated accordingly.

a. In case resettlement is necessary, the affected certificate holder shall be offered

another area for resettlement within the ancestral domain to be identified by the
IPS, taking into consideration the size and usage of that originally occupied by
said certificate holder.

The resettlement compensation shall be subject to negotiation between the

affected certificate holder and the developer, investor, or project proponent,
with the supervision of the IPS and the NCIP Provincial Office.

b. In case resettlement is not necessary, the affected certificate holder shall be

entitled to a share in the income of the development/investment/project,
subject to negotiation between the affected certificate holder and the
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developer, investor, or project proponents, with the supervision of the IPS and the
NCIP Provincial Office.

RULE VI. MANAGEMENT & USE OF COMMUNITY RESOURCES, ROYALTIES & BENEFITS

Section 40. Management and Use of Royalties & Benefits. The royalties collected shall
be managed and used according to the ADSDPP or the community resource
management and development plan (CRMDP), if any, of the concerned ICC/IP. This Is
subject to regulations that the NCIP may promulgate on CRMDP.

Section 41. Release of Royalties. The ADMO shall make an accounting of all royalties
collected on a monthly basis to the IPO of the ICC/IP designated in the ADSDPP to
manage the royalties of the ICC/IP through the account or trust fund established for the
purpose. Releases shall be in accordance with the work and financial plan prepared
for the particular year.

Section 42. Transparency Mechanism. The IPO shall prepare [i] quarterly financial
reports on the collection of payments and fees, [ii] semi-annual financial report on the
utilization of funds collected, and [iii] annual financial statements duly audited. The IPO
shall furnish copies of the same to the NCIP Provincial Office The same must be reported
to the general membership during the annual assembly that must be convened to
tackle financial and other community or IPO concerns. The general assembly shall be
had based on the annual threshold of income received by the community to be
determined by NCIP with the consultation of the IPS, otherwise the report will be
presented only to the IPS and NCIP with posting of the same in conspicuous place in
the Ancestral Domain.

The IPO is encouraged to make copies of the financial statements available online
accessible to the public.

Section 43. Monitoring and Visitorial Powers. In the exercise of its mandate to protect
the well-being and promote the rights of ICCs/IPs, the NCIP may direct financial and
management audits of IPOs managing royalties and other benefits or exercise its
visitorial powers as provided for by law.

RULE VII. RECORD OF CALOM/CADLA

Section 44. The ADMO shall keep a record of all CALOM/CADLA issued and shall furnish
a copy of the CALOM/CADLA, with the corresponding survey, to the NCIP Regional
Office. In accordance with this provision, the CALOM/CADLA shall be filed and
recorded with the NCIP Regional Office, which shall create a registry solely for this
purpose.

RULE VIII. GROUNDS FOR CANCELLATION

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Section 45. Grounds for Cancellation. — The following are the grounds for
cancellation of CALOM and CADLA:

1. Common grounds:

a. Fraud or misrepresentation of any material matter in the application, affidavit

or other document submitted in support of the application;
b. Material breach of the Contract of Lease or Memorandum of Agreement;
c. Failure to cultivate or develop at least fifty (50%) of the area covered;
d. Misuse of the land or use of land in any manner which adversely affects the
ecological balance of the ancestral domain;
e. Unauthorized transfer of rights under the certificate;
f. Unauthorized encumbrance of the area covered by the certificate or any
part thereof;
g. Conviction for violations of IPRA; and
h. Any acts analogous to the foregoing.

2. Specific grounds for CALOM:

a. The land applied for is covered by FPIC process; and

b. Non-payment of yearly rental or royalties for at least two (2) years.

RULE IX. DISPUTE RESOLUTION & MANAGEMENT

Section 46. Governing Rules. Pursuant to Section 7(h) and Section 15 of IPRA, any
dispute on the issuance of CALOM and CADLA shall primarily be resolved in
accordance with customary laws of the community.

Section 47. Parties. Any person adversely affected by the issuance of CALOM/CADLA
may file a petition in accordance with the procedure prescribed in this Advisory.

Section 48. Jurisdiction over Disputes and Cancellation. The IPS issuing the
CALOM/CADLA, through the ADMO, shall have primary jurisdiction over disputes and
petitions for cancellation.

Section 49. How initiated. Any dispute on the processing of an application for CALOM or
CADLA, or for cancellation of a CALOM or CALDA, may be filed with the ADMO, which
shall endorse the same to the IPS.

Complaints against the ADMO or any of its representatives shall be resolved in

accordance with traditional conflict mechanisms. If customary mechanisms are
exhausted and the conflict/dispute remains unresolved, the aggrieved party may
elevate the same to the NCIP, in accordance with the succeeding section.
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Section 50. Appeals. Decisions of the IPS may be endorsed to the NCIP Provincial Office,
through the Provincial Legal Officer, for settlement. In case no settlement is reached,
the same may be further endorsed to the NCIP Regional Office, through the Regional
Legal Office. If the parties nevertheless fail to reach any settlement, the aggrieved
party may resort to judicial remedies.

RULE X. ROLE OF THE IPMR

Section 51. The city and provincial IPMR shall author the legislation of real property tax
on certain lands within the ancestral domain, pursuant to Section 60 of the IPRA. The
legislation shall provide for the following sharing scheme in the proceeds of the real
property taxes collected:

ICCs/IPs 60%
LGU 30%
Monitoring fund 10%

RULE XI. FINAL PROVISIONS

Section 52. Migrants After Effectivity of the IPRA. Subject to the community rules,
migrants actually occupying part of an ancestral domain only after the effectivity of
IPRA who are allowed by the ICCs/IPs through their IPS to so occupy shall not be issued
a CALOM, but are nevertheless subject to the terms and conditions and other provisions
of this Advisory and IPRA applicable to CALOM holders and must secure the consent of
the IPS for continued occupation on an annual basis.

Section 53. Separability Clause. In case any clause, sentence, section, or provision of
this Advisory 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.

Section 54. Repealing Clause. All community rules and regulations and regional
advisory, circulars, and other issuances inconsistent herewith or contrary to the
provisions of this Advisory are hereby repealed or modified accordingly.

Section 55. Transitory Provisions. There shall be a comprehensive information education

campaign and/or orientation on these rules involving all the stakeholders including but
not limited to all concerned ICCs/IPs, ADMO, government agencies and persons who
may have interest on the said ancestral domain. The NCIP shall assist and provide
training in said IEC.

Tenurial instruments issued and usufructs and other agreements allowing occupancy of
migrants entered into by the ICCs/IPs prior to the effectivity of this Advisory shall be
subject to review by the IPS and confirmation by the NCIP Provincial Office.
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)
Section. 56. Effectivity. This Advisory shall take effect fifteen (15) days from publication
in a newspaper of general circulation within Region XI.

Signed on the occasion of the 22nd anniversary of the passage of IPRA, this 29th of
October 2019, at Davao City, Philippines.

ATTY. GERONCIO R. AGUIO, CESO III

Regional Director