Ancestral Lands and Domain.
SEC. 12. Ancestral Lands and Domain. — The rights of indigenous cultural communities to their ancestral domains shall be fully recognized subject to Section 56 of the IPRA. Traditional property regimes exercised by indigenous cultural communities in accordance with their customary laws shall govern the relationships of all individuals within their communities with respect to all lands and resources found within ancestral lands.
Indigenous cultural communities may apply for Certificates of Ancestral Domain Title (CADT) as provided in the IPRA. The provisions of this Act shall be construed liberally in favor of the indigenous cultural communities in accordance with the conservation and preservation objectives of the Mt. Apo Natural Park and its resources.
Nothing herein shall be construed to impair or diminish prior or existing rights currently enjoyed by the indigenous cultural communities as provided by existing laws. Permits, licenses or authorities required by this Act or any other statutes concerning the continued use, extraction or exploitation of forest products and/or possession or occupation of land within the protected area shall not be unnecessarily withheld from the indigenous cultural communities by the granting authority.
Tenured Migrants.
SEC. 13. Tenured Migrants. — Tenured migrants shall be eligible to become stewards of portions of lands within the designated buffer and multiple-use zones. The PAMB shall identify, verify and, subject to Section 56 of the IPRA, review all tenure instrument, land claims, and issuance of permits for resource use within the protected area and recommend the issuance of the appropriate tenure instrument consistent with the land classification, proper and allowed use of resources found therein, and zoning provided in the management or successor plans. Farmers who have been cultivating land within the protected area are considered to be occupying such lands and shall be entitled to a tenure instrument limited to cultivation and residence: Provided, That the rights under such can only be transferred to direct descendants.
Nothing herein shall be construed to mean any diminution of accrued rights earned by tenured migrants. If areas occupied by tenured migrants are designated as zones in which no occupation or other activities are allowed, they shall be transferred to multiple-use zones or buffer zones to be accomplished through just and humane means.
In the event of termination of a tenure instrument for cause or by voluntary surrender of rights, the Protected Area Superintendent shall take immediate steps to rehabilitate the area in order to return it to its natural state prior to the cultivation or other act by the tenured migrant.
Existing Rights.
SEC. 14. Existing Rights. — All prior and property and private rights within the protected area and its buffer zones and the ancestral domains already existing and/or vested upon the effectivity of this Act shall be protected and respected in accordance with existing laws.
