Vested right is some interest in the property that has become fixed or established and is no longer open to doubt or controversy at the time of effectivity of another law such as the IPRA establishing another right over the same property. 10 Legally, therefore, there is no problem presented by private titles or other private property regimes within Ancestral Domains. The fear that there will be “double titling” over the same property is essentially groundless because there is already a statutory provision guaranteeing respect for vested rights. It is legal for the LRA, DENR and DAR to perform their mandates but the provision of JAO 01-2012 that holds issuance of CADTs while these agencies take their time reconciling their conflicting jurisdictions is a violation of the collective rights of indigenous peoples to their lands, territories and resources. The NEDA conducted research on the processes of JAO 01 and reports that the bottleneck is in the DENR whose targets for issuance of patents are large and in undertaking the survey plan required for issuance of patents, continuously add applications requiring new rounds of validation to be conducted by the NCIP for certifications of non-overlap which is a legal requirement for the survey plan to proceed. It is also NEDA’s findings that the DENR and the NCIP have varying definitions of the “survey plan”. The NCIP definition is based on the approved plans of the DENR as of 1997 when the IPRA came into effect while the DENR’s definition encompasses all existing land classification plans, e.g., timberland, cadastral lands, alienable and disposable lands, government resettlement areas, government declared protected areas. 11 The DENR definition thus violates the 1997 cut off provided in Section 56 of the IPRA. Given the varying concepts of “survey plan”, there arises the questionable authority to continue issuance of tenurial instruments and land titles by the DENR and DAR beyond the cut off period of 1997 when the IPRA came into effect. 12 Of the said CADTs issued by the NCIP to date, less than 50 have been registered with the Land Registration Authority (LRA). 13 This renders it difficult for IPs to secure permits from the DENR to harvest resources found within ADs as existing government regulations require. There are two grounds for declaring the JAO1 Series of 2012 a violation of IP rights to ancestral domain: a). The indefinite delay in registration of CADTs/CALCs caused by DENR, DAR, LRA operational difficulties; and b) The illegal additions to survey plans for issuances of tenurial instruments made after the legal cut-off period of November 22, 1997 when vested rights were recognized under the IPRA. The IPRA recognition of native title is meant to prevent further incursions into Ancestral Domain and the JAO1 Series of 2012 is facilitating these by not respecting the cut-off date for further issuances of tenurial instruments by the DENR and the DAR. These are clear violations of IP 10 Heirs of Gabriel Zari vs. Jose Santos G.R. Nos. 21213 and L-21214, March 28, 1968. 11 Report rendered by Judy Mae Masangkay of NEDA during the IP Inquiry public hearing in Puerto Princesa City, Palawan 12 Presentation of NCIP Commissioner Basilio A. Wandag during the Baguio Conference on the IP Rights to Development 13 Submission to 59th session of UN Committee on ESCR, www.tebtebba.org Page | 12