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STATUS REPORT

on the
DELIENATION AND CONVERSION OF CADC 042 TO CADT
Sitio Maporac, New San Juan, Cabangan, Zambales

Project Development Institute


in cooperation with
National Commission on Indigenous Peoples, Zambales

I. INTRODUCTION

The Aetas of Maporac, New San Juan, Cabangan, Zambales, through their
association Maporac Ayta Organization were awarded a Certificate of
Ancestral Domain Claim denominated as CADC R-III No. 042 containing an
area of 6,203 Hectares, more or less, issued by the Department of
Environment and Natural Resources on March 8, 1996 pursuant to DENR-
DAO No. 2, s.1993. With the enactment of the Indigenous Peoples Rights Act
of 1997, it recognizes the rights of the indigenous Peoples to their ancestral
domain/land claims. Pursuant to this Act, the Aytas of Maporac were ecstatic
to have their CADC to be converted into Certificate of Ancestral Domain
Title. Having lost no time, they have lodged their application for the
delineation and survey of their ancestral domain with fervent hope that they
have their CADT be awarded by this Office.

II. DISCUSSION

A. Preliminary Activities

The Certificate of Ancestral Domain Claim denominated as CADC-RIII No.


042 was awarded by the Department of Environment and Natural Resources
to the Indigenous Community of Maporac, New San Juan, Cabangan,
Zambales belonging to Ayta Tribe on March 8, 1996. After the enactment of
the Indigenous Peoples Rights Act of 1997, the claimants applied with NCIP
for its CADC conversion into CADT. The subject CADC was questioned by
the officialdom of the Municipality of Cabangan. With this issue at hand,
series of dialogues were conducted for the previous year commencing in
December 2000. This started when the Sangguniang Bayan of Cabangan
passed Res. 2000-01 requesting for the cancellation of CADC 042 of
Maporac, New San Juan, Cabangan. The resolution made mention of the
following: “there was no proper consultation and coordination with local
officials; CADC area covers private properties and other DENR programs
detrimental to the welfare of owners/applicants; and is deemed inappropriate
and unjust to the other sectors of the community.” Highlights of meetings
done in resolving this issue were the following:
December 8, 2000: A public hearing was conducted at Cabangan Municipal
Hall attended by SB members and Barangay Officials of Cabangan, Tribal
elders and members of MAO, representatives from DENR and NCIP led by
Dir. Rosalina L. Bistoyong. The session proved futile and wasted. The session
went out of order and recess was declared to end the heated arguments.

February 13, 2001: Consultation-meeting at the DILG Office, Iba, Zambales


was requested by NCIP with DILG lawyer presiding over. In attendance were
the local officials of Cabangan led by Mayor Jovelita Mendigorin, DENR,
NCIP, Maporac community members and DILG representatives.
Issues/problems regarding area of CADC 042 awarded and constitutionality of
the IPRA, among others were taken up. The Body was informed that the
constitutionality of the IPRA was already upheld by the Supreme Court;

February 1, 2003: A meeting was set on this day at the Municipal Hall of
Cabangan, Zambales. However, the Mayor called off the meeting upon
information that only the Legal Officer and Chief of TMD Regional Office of
NCIP are representing the office. He utterly stated that he needed to talk with
the Commissioner and the Director of NCIP.

August to December 2003: Provincial Delineation and Action Planning


(PDAP) was conducted in the province. The participants representing the ten
ancestral domains in the province decided to let CADC 042, Maporac, New
San Juan, Cabangan be the first CADT application for conversion as priority.
Phil. Association for Inter-Cultural Development (PAFID), an NGO present
during the planning and being identified by the Maporac Ayta consented to
assist this applicant. A MOA was forged in October between NCIP and
PAFID, particularly on the perimeter survey of the area. An IEC was also
done in the community with the objectives of disseminating NCIP AO No. 2,
s, 2002 in the conversion process of CADC to CADT applications and to get
the consent and commitment of the community members. Coordination was
pursued with the Provincial Local Government Unit thru the Committee on IP
& Cultural Communities Welfare of the Sangguniang Panlalawigan. An IEC
on the IPRA was held on November 17, 2003 with Atty. Christine Tomas of
PANLIPI and other NGOs assisted NCIP. Consequently, the Provincial
Committee on IP and Cultural Communities Welfare chaired by Hon. Porfirio
Elamparo presented himself to mediate in the resolution of the issue with
Cabangan LGU;

March 3, 2004: A meeting was held at the Capitol, Iba attended by NCIP
Regional Director, ADO Director, LAO Lawyer, Provincial Office, LGU of
Cabangan. A follow-up meeting with Mayor Mendigorin in his office took
place in the afternoon of the same day. Agreement was reached that
delineation would proceed with the participation of the LGU thru the
Municipal Planning and Development Officer and Municipal Engineer.
May – June 2004: Communication and coordination with concerned offices
for the membership in the creation pursuant to AO #2 s. 2002.

July 2004: First meeting of SPTF for its formation.

There were also issuances of statements to the LGU of Cabangan affirming


the stand of the DENR and NCIP on this matter to wit:

§ Letter of Chair David A. Daoas to Mayor Jovelita B. Mendigorin dated


January 18, 2001 reaffirming the validity of the issuance of Certificate of
Ancestral Domain Claim No. 042 including 6,203 hectares of land
awarded to Maporac Ayta Organization.

§ Letter of DENR Regional Executive Director Gregorio O. Nisperos dated


March 6, 2001 to the Maporac Ayta Organization indicating their stand
respecting IP rights under CADC issued pertinent to standing rules and
regulations provided for under DAO No. 02, s. 1993.

B. Social Preparation

1. Information, Education and Consultation

The conduct of this activity was not easily pursued particularly with
the LGU concerned. This is due mainly to their issues raised on the
awarded CADC by the DENR. It was after a series of coordination
with the help of NGOs and meetings that this activity was done with
the Municipal and Barangay officials of Cabangan with the attendance
of Municipal based government employees. It is noted that other local
officials were not present in spite of due notice given. An IEC were
done with the Sangguniang Panlalawigan, Municipal Officials of
Cabangan, and with the IP community.

2. Validation of Proofs

Field validation on November 17, 2004 was done thru community


assembly with the IP community, SPTF members, Geodetic Engineers
from ADO and the Regional Director. Verification was done as to their
Authorization of their representative to apply and follow-up their
application, community petition giving their consent to apply for
CADT, census and the genealogy of 9 clans and the same were
affirmed by them to be correct and authentic. As to the updating of
census, genealogy charting, and testimonies of elders, validations were
conducted on June 3-8 and 15-25 by NCIP staff.
3. Genealogical Survey

A total of 12 clans were validated to be members of the Aeta


community in Maporac, New San Juan, Cabangan, Zambales. There
are at least five (5) clans completed documentation by the NCIP
through interviews of their representatives up to the fourth generation.
It was not easy listing the names of their family or clan members
because of their belief that it is a taboo to mention names of person
who already have children of their own. Difficulty was also
encountered in identifying names of their relatives and ancestors
because according to them they have not heard of these people being
mentioned to them. There was also the willingness of members to give
information unless somebody would corroborate their statement.
Verification and validation done on June 15 and 25, 2005.

4. Census

There are about 766 individuals listed. Out of 731 are IPs, 11 are IP
migrants and 24 non-IPs. Validation showed that 126 of this IPs are
now living outside the territorial boundary of CADC 042. Their census
was included based on the original list of beneficiaries of the CADC
issued and was authenticated by the community representatives upon
verification. The issue/concern encountered was whether those
families or individuals listed in their genealogy but are living outside
of the territorial boundary of Maporac CADC be included on account
of their being members of the clans. This, it was ruled out that the IPs
no longer residing within the ancestral domain and were not listed in
the original census of the CADC are not to be included in the census
but will be considered in the genealogical chart having claimed to be
descendants of clans found in Maporac. The census was validated by
the community members through their elders on June 15-25, 2005.
BRIEF PROFILE
PROJECT TITLE Delineation and Titling of Ancestral
Domain of Maporac.
TOTAL OF AD CLAIM 6, 150.289 HECTARES
TOTAL NUMBERS OF NON- 93 Individuals
CLAIMANTS
PREDA (Phil. Recovery and Development
Authority)
PARTNER AGENCIES/ PDI (Project Development Institute)
ORGANIZATIONS KASAPI
Maporac Tribal Council
LGU of Cabangan (Local Government
Unit)
Date of Filing May 6, 2002
CADT APPLICATION NUMBER R III – ZAM – 01 –AD
PROCESS IN THE VALIDATION OF DOCUMENTS AND GATHERING OF
ADDITIONAL PROOFS BY THE SPECIAL PROVINCIAL TASK FORCE (SPTF)
ACTIVITIES DATE AND PLACE CONDUCTED
INFORMATION EDUCATION Nov. 17, 2004 and April 15, 2009 at
CAMPAIGN ON IPRA Maporac, New San Juan, Cabangan,
Zambales
CENSUS OF POPULATION January 2009 of Maporac, Tangos and
Casabaan.
GENEALOGICAL SURVEY May – July 2009
GATHERING AND VALIDATION OF May – July 2009
PROOFS
OCULAR INSPECTION April 28 -29, 2009
No. of Titled Properties
RESEARCH FOR TENURIAL . Patented Area
INSTRUMENTS . Tax Declaration
. CLOA
SURVEY PROCESS
ISSUANCE OF WORK ORDER March 20, 2009
SURVEY NOTIFICATION April
PERIMETER SURVEY May 5 to June 4, 2009
MAP PROJECTION TO DENR, DAR,
LRA
COMMUNITY MAP VALIDATION June 22, 2009
PUBLICATION OF CLAIM
RADT DELIBERATION
JOINT CONFERENCE OF THE
REGIONAL ANCESTRAL DOMAIN
TABLE OF CONTENTS
NO TITLE TAB
1 ADO ADOPTION LETTER A
2 INTRODUCTION B
2.1 Brief Profile
2.2 Table of Contents
2.3 Executive Report of the Regional Director
2.4 Regional Ancestral Domain Team (RADT) Report
2.5 Review and Verification Report of SPTF
3 MANDATORY REQUIREMENTS C
3.1 Accomplished Application Form represented by Salvador Dimain. C.1
3.2 Petition or Resolution of the Community C.2
3.3 Written Authorization given by the Community to Salvador Dimain. C.3
3.4 TESTIMONIES OF THE ELDERS C.4
Domingo Garcia 63 yrs. Old
Francisco Dacpano 67 yrs. Old
Denesia dela Cruz Mora 88 yrs. Old
Mariano Balario 99 yrs. Old
Martina C. Alarva 74 yrs. Old
Alfredo Dimain 70 yrs. Old
3.5 TRANSCRIPTION OF THE SEARCHING QUESTION AND C.5
ANSWERS
Salvador Dimain
Fernando dela Cruz
Dolores Angeles
Denesia Mora
Virgilio de Dios
Esteban Barrientos Jr.
Domingo Castillo
3.6 PROOFS / SECONDARY DATA C.6
Written Accounts C.6.1
Historical Accounts C.6.2
Pictures Showing Long Term of Occupation C.6.3
Pictures and Descriptive Histories of Traditional Landmark C.6.3
Write – ups of Names and Places Derived from the Native Dialect of C.6.4
the Community
Artifacts C.6.5
Survey Plans or Sketch Maps C.6.6
Genealogical Chart, Pictures During Interview and Survey Report. C.6.7
1. Angcot Clan
2. Amado Clan
3. De dios Clan
4. Calubhay Clan
5. Dela Cruz Clan
3.7 LIST OF DIFFERENT HOLDERS / UPDATED CENSUS C.7
Consolidated Census
Consolidated Census of AD Right Holder
Consolidated Census of Non – Claimants Living Inside Ancestral Domain
3.8 NOTICE OF PUBLICATION C.8
4 SURVEY RETURNS D
5 ANNEXES E
SPTF Meeting E.1
Information Education Campaign E.2
Validation of Testimonies, Census and Genealogy E.3
Map Validation E.4
Joint Conference of the Provincial & Regional Delineation Team E.5
MOA E.6
Work and Financial Plan E.7
Communications E.8
CADC # 042 Documents E.9