A “No Trespassing” sign at an oil palm plantation in San Francisco, Agusan del Sur covered by the CADT application. Photo taken January 27, 2023 by CHRIS V. PANGANIBAN/MindaNews SAN FRA…
A “No Trespassing” sign at an oil palm plantation in San Francisco, Agusan del Sur covered by the CADT application. Photo taken January 27, 2023 by CHRIS V. PANGANIBAN/MindaNews
Citing a portion of the NCIP certification, Bando said that based on Section 52 of the Indigenous Peoples Rights Act the recognition “effectively terminates any legal basis for the jurisdiction that may be previously claimed over the ancestral domain” on the part of the Department of Agrarian Reform and other government agencies claiming jurisdiction over the said ancestral domain.
At least 250 LAOMMCA members who were awarded by DAR with individual land titles covering 600 hectares some of which were planted to oil palm are in danger of losing their lands to the CADT application. The SFWD resolution cited section 56 of IPRA, which recognizes property rights within ancestral domains that are already existing before the passage of the law.
According to SFWD studies, only 695 ha of natural forest was left in the Mt. Magdiwata watershed in December 1997. Around 1,200 ha had been considered inadequate forest, open area grasslands, and small portions of man-made forest, oil palm and abaca farms. She said in an interview that there is an urgent need to exclude titled properties and forest reserve areas from CADTs since IPRA itself recognizes property rights.
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