ra 08371 -ipra law
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8/15/2019 RA 08371 -IPRA Law
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4/18/2016 PHILIPPINE ENVIRONMENT LAWS - CHAN ROBLES VIRTUAL LAW LIBRARY
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This web page contains the full text of
Republic Act No. 8371
THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997
[AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOPEOPLE, CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE, ESTABLISHING IMPLEMENTING MECHANISM
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES]
REPUBLIC ACT NO. 8371
AN ACT TO RECOGNIZE, PROTECT AND PROMOTETHE RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLE, CREATING
L AW TUB E POL IT ICS I P L AW
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4/18/2016 PHILIPPINE ENVIRONMENT LAWS - CHAN ROBLES VIRTUAL LAW LIBRARY
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Philippine Laws, Statutes & Codes
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MCLE:
NATIONAL COMMISSION OF INDIGENOUS PEOPLEESTABLISHING IMPLEMENTING MECHANISMS,APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.
CHAPTER l
GENERAL PROVISIONS
Section 1. Short Title .- This Act shall be known as "Th
Indigenous Peoples Rights Act of 1997."
Sec. 2. Declaration of State Policies.- The State sha
recognize and promote all the rights of Indigenous Cultur
Communities/Indigenous Peoples (ICCs/IPs) hereunde
enumerated within the framework of the Constitution:
a) The State shall recognize and promote the rights o
ICCs/IPs within the framework of national unity an
development;
b)The State shall protect the rights of ICCs/IPs to theancestral domains to ensure their economic, social ancultural well being and shall recognize the applicabilitof customary laws governing property rights or relationin determining the ownership and extent of ancestradomain;
c) The State shall recognize, respect and protect thrights of ICCs/IPs to preserve and develop thecultures, traditions and institutions. It shall considethese rights in the formulation of national laws anpolicies;
d) The State shall guarantee that members of th
ICCs/IPs regardless of sex, shall equally enjoy the fumeasure of human rights and freedoms withoudistinctions or discriminations;
e) The State shall take measures, with the participatioof the ICCs/IPs concerned, to protect their rights anguarantee respect for their cultural integrity, and tensure that members of the ICCs/IPs benefit on an equafooting from the rights and opportunities which nationalaws and regulations grant to other members of thpopulation and
f) The State recognizes its obligations to respond to thstrong expression of the ICCs/IPs for cultural integritby assuring maximum ICC/IP participation in thdirection of education, health, as well as other serviceof ICCs/IPs, in order to render such services morresponsive to the needs and desires of thescommunities.
Towards these ends, the State shall institute and establis
the necessary mechanisms to enforce and guarantee th
realization of these rights, taking into consideration the
customs, traditions, values, beliefs, their rights to the
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ancestral domains.
CHAPTER ll
DEFINITION OF TERMS
Sec. 3. Definition of Terms.- For purposes of this Act, th
following terms shall mean:
a) Ancestral Domains - Subject to Section 56 hereof, refe
to all areas generally belonging to ICCs/IPs comprisin
lands,inland waters, coastal areas, and natural resourcetherein, held under a claim of ownership, occupied o
possessed by ICCs/IPs, themselves or through the
ancestors, communally or individually since tim
immemorial, continuously to the present except whe
interrupted by war, force majeure or displacement b
force, deceit, stealth or as a consequence of governmen
projects or any other voluntary dealings entered into b
government and private individuals, corporations, an
which are necessary to ensure their economic, social an
cultural welfare. It shall include ancestral land, forest
pasture, residential, agricultural, and other landindividually owned whether alienable and disposable o
otherwise, hunting grounds, burial grounds, worsh
areas, bodies of water, mineral and other natur
resources, and lands which may no longer be exclusivel
occupied by ICCs/IPs but from which their traditional
had access to for their subsistence and tradition
activities, particularly the home ranges of ICCs/IPs wh
are still nomadic and/or shifting cultivators;
b) Ancestral Lands - Subject to Section 56 hereof, refe
to land occupied, possessed and utilized by individual
families and clans who are members of the ICCs/IPs sinctime immemorial, by themselves or through the
predecessors-in-interest, under claims of individual o
traditional group ownership,continuously, to the presen
except when interrupted by war, force majeure o
displacement by force, deceit, stealth, or as
consequence of government projects and other voluntar
dealings entered into by government and privat
individuals/corporations, including, but not limited t
residential lots, rice terraces or paddies, private forest
swidden farms and tree lots;
c) Certificate of Ancestral Domain Title - refers to a tit
formally recognizing the rights of possession an
ownership of ICCs/IPs over their ancestral domain
identified and delineated in accordance with this law;
d) Certificate of Ancestral Lands Title - refers to a tit
formally recognizing the rights of ICCs/IPs over the
ancestral lands;
e) Communal Claims - refer to claims on land, resource
and rights thereon, belonging to the whole communit
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within a defined territory
f) Customary Laws - refer to a body of written and/o
unwritten rules, usages, customs and practice
traditionally and continually recognized, accepted an
observed by respective ICCs/IPs;
g) Free and Prior Informed Consent - as used in this Ac
shall mean the consensus of all members of the ICCs/IP
to; be determined in accordance with their respectivcustomary laws and practices, free from any extern
manipulation, interference and coercion, and obtaine
after fully disclosing the intent and scope of the activity
in a language an process understandable to th
community;
h) Indigenous Cultural Communities/Indigenous Peoples
refer to a group of people or homogenous societie
identified by self-ascription and ascription by other, wh
have continuously lived as organized community o
communally bounded and defined territory, and wh
have, under claims of ownership since time immemoriaoccupied, possessed customs, tradition and othe
distinctive cultural traits, or who have, throug
resistance to political, social and cultural inroads
colonization, non-indigenous religions and cultur
became historically differentiated from the majority
Filipinos. ICCs/IPs shall likewise include peoples who ar
regarded as indigenous on account of their descent from
the populations which inhabited the country, at the tim
of conquest or colonization, or at the time of inroads
non-indigenous religions and cultures, or th
establishment of present state boundaries, who retaisome or all of their own social, economic, cultural an
political institutions, but who may have been displace
from their traditional domains or who may have resettle
outside their ancestral domains;
i) Indigenous Political Structure - refer to organization
and cultural leadership systems, institution
relationships, patterns and processed for decision-makin
and participation, identified by ICCs/IPs such as, but no
limited to, Council of Elders, Council of Timuays, Bodon
Holder, or any other tribunal or body of similar nature;
j) Individual Claims - refer to claims on land and right
thereon which have been devolved to individuals, familie
and clans including, but not limited to, residential lot
rice terraces or paddies and tree lots;
k) National Commission on Indigenous Peoples (NCIP)
refers to the office created under this Act, which shall b
under the Office of the President, and which shall be th
primary government agency responsible for th
formulation and implementation of policies, plans an
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programs to recognize, protect and promote the rights o
ICCs/IPs;
l) Native Title - refers to pre-conquest rights to lands an
domains which, as far back as memory reaches, hav
been held under a claim of private ownership by ICCs/IP
have never been public lands and are thus indisputabl
presumed to have been held that way since before th
Spanish Conquest;
m) Nongovernment Organization - refers to a privat
nonprofit voluntary organization that has been organize
primarily for the delivery of various services to th
ICCs/IPs and has an established track record fo
effectiveness and acceptability in the community wher
it serves;
n) People's Organization - refers to a private, nonprof
voluntary organization of members of an ICC/IP which
accepted as representative of such ICCs/IPs;
o) Sustainable Traditional Resource Rights - refer to thrights of ICCs/IPs to sustainably use,manage, protect an
conserve a) land, air, water, and minerals; b) plant
animals and other organisms; c) collecting, fishing an
hunting grounds; d) sacred sites; and e) other areas
economic, ceremonial and aesthetic value in accordanc
with their indigenous knowledge, beliefs, systems an
practices; and
p) Time Immemorial - refers to a period of time when a
far back as memory can go, certain ICCs/IPs are know
to have occupied, possessed in the concept of owner, anutilized a defined territory devolved to them, b
operation of customary law or inherited from the
ancestors, in accordance with their customs an
traditions.
CHAPTER III
RIGHTS TO ANCESTRAL DOMAINS
Sec. 4. Concept of Ancestral Lands/Domains.- Ancestr
lands/domains shall include such concepts of territorie
which cover not only the physical environment but the tot
environment including the spiritual and cultural bonds to tharea which the ICCs/IPs possess, occupy and use and t
which they have claims of ownership.
Sec. 5. Indigenous Concept of Ownership.- Indigenou
concept of ownership sustains the view that ancestr
domains and all resources found therein shall serve as th
material bases of their cultural integrity. The indigenou
concept of ownership generally holds that ancestral domain
are the ICC's/IP's private but community property whic
elongs to all generations and therefore cannot be sold
disposed or destroyed. It likewise covers sustainab
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traditional resource rights.
Sec. 6. Composition of Ancestral Lands/Domains.- Ancestr
lands and domains shall consist of all areas general
elonging to ICCs/IPs as referred under Sec. 3, items (a) an
(b) of this Act.
Sec. 7. Rights to Ancestral Domains.- The rights of ownershi
and possession of ICCs/IPs t their ancestral domains shall b
recognized and protected. Such rights shall include:
a. Rights of Ownership.- The right to claim ownership ove
lands, bodies of water traditionally and actually occupied b
ICCs/IPs, sacred places, traditional hunting and fishin
grounds, and all improvements made by them at any tim
within the domains;
b. Right to Develop Lands and Natural ResourcesSubject to Section 56 hereof, right to develop, controand use lands and territories traditionally occupiedowned, or used; to manage and conserve naturaresources within the territories and uphold th
responsibilities for future generations; to benefit anshare the profits from allocation and utilization of thnatural resources found therein; the right to negotiatthe terms and conditions for the exploration of naturaresources in the areas for the purpose of ensurinecological, environmental protection and thconservation measures, pursuant to national ancustomary laws; the right to an informed and intelligenparticipation in the formulation and implementation oany project, government or private, that will affect oimpact upon the ancestral domains and to receive jus
and fair compensation for any damages which thesustain as a result of the project; and the right teffective measures by the government to prevent aninterfere with, alienation and encroachment upon thesrights;
c. Right to Stay in the Territories- The right to stay in thterritory and not be removed therefrom. No ICCs/IPwill be relocated without their free and prior informeconsent, nor through any means other than eminendomain. Where relocation is considered necessary as aexceptional measure, such relocation shall take placonly with the free and prior informed consent of thICCs/IPs concerned and whenever possible, they shabe guaranteed the right to return to their ancestradomains, as soon as the grounds for relocation cease texist. When such return is not possible, as determined bagreement or through appropriate procedures, ICCs/IPshall be provided in all possible cases with lands oquality and legal status at least equal to that of the lanpreviously occupied by them, suitable to provide for thepresent needs and future development. Persons thurelocated shall likewise be fully compensated for an
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resulting loss or injury;
d. Right in Case of Displacement.- In case displacemenoccurs as a result of natural catastrophes, the State shaendeavor to resettle the displaced ICCs/IPs in suitabareas where they can have temporary life supposystem: Provided, That the displaced ICCs/IPs shall havthe right to return to their abandoned lands until suctime that the normalcy and safety of such lands shall b
determined: Provided, further, That should theancestral domain cease to exist and normalcy and safetof the previous settlements are not possible, displaceICCs/IPs shall enjoy security of tenure over lands twhich they have been resettled: Provided, furthermoreThat basic services and livelihood shall be provided tthem to ensure that their needs are adequateaddressed:
e. Right to Regulate Entry of Migrants.- Right to regulatthe entry of migrant settlers and organizations into thdomains;
f. Right to Safe and Clean Air and Water.- For thpurpose, the ICCs/IPs shall have access to integratesystems for the management of their inland waters anair space;
g. Right to Claim Parts of Reservations.- The right tclaim parts of the ancestral domains which have beereserved for various purposes, except those reserveand intended for common and public welfare and serviceand
h. Right to Resolve Conflict.- Right to resolve lanconflicts in accordance with customary laws of the arewhere the land is located, and only in default thereoshall the complaints be submitted to amicable settlemenand to the Courts of Justice whenever necessary.
Sec. 8. Rights to Ancestral Lands.- The right of ownershi
and possession of the ICCs/IPs, to their ancestral lands sha
e recognized and protected.
a. Right to transfer land/property.- Such right shall includ
the right to transfer land or property rights to/amon
members of the same ICCs/IPs, subject to customary lawand traditions of the community concerned.
b. Right to Redemption.- In cases where it is shown thathe transfer of land/property rights by virtue of anagreement or devise, to a non-member of the concerneICCs/IPs is tainted by the vitiated consent of thICCs/IPs,or is transferred for an unconscionablconsideration or price, the transferor ICC/IP shall havthe right to redeem the same within a period noexceeding fifteen (15) years from the date of transfer.
Sec. 9. Responsibilities of ICCs/IPs to their Ancestra
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CHAPTER IV
RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT
Sec. 13. Self-Governance .- The State recognizes the inheren
right of ICCs/IPs to self-governance and self-determinatio
and respects the integrity of their values, practices an
institutions. Consequently, the State shall guarantee th
right of ICCs/IPs to freely pursue their economic, social an
cultural development.
Sec. 14. Support for Autonomous Regions.- The State shacontinue to strengthen and support the autonomous region
created under the Constitution as they may require or need
The State shall likewise encourage other ICCs/IPs no
included or outside Muslim Mindanao and the Cordillera t
use the form and content of their ways of life as may b
compatible with the fundamental rights defined in th
Constitution of the Republic of the Philippines and othe
internationally recognized human rights.
Sec. 15. Justice System, Conflict Resolution Institutions an
Peace Building Processes.- The ICCs/IPs shall have the righto use their own commonly accepted justice systems, conflic
resolution institutions, peace building processes o
mechanisms and other customary laws and practices withi
their respective communities and as may be compatible wit
the national legal system and with internationally recognize
human rights.
Sec. 16. Right to Participate in Decision -Making.- ICCs/IP
have the right to participate fully, if they so choose, at a
levels of decision-making in matters which may affect the
rights, lives and destinies through procedures determined b
them as well as to maintain and develop their own indigenoupolitical structures. Consequently, the State shall ensure tha
the ICCs/IPs shall be given mandatory representation i
policy-making bodies and other local legislative councils.
Sec. 17. Right to Determine and Decide Priorities fo
Development.- The ICCs/IPs shall have the right to determin
and decide their own priorities for development affectin
their lives, beliefs, institutions, spiritual well-being, and th
lands they own, occupy or use. They shall participate in th
formulation,implementation and evaluation of policies, plan
and programs for national, regional and local developmen
which may directly affect them.
Sec. 18. Tribal Barangays.- The ICCs/IPs living i
contiguous areas or communities where they form th
predominant population but which are located i
municipalities, provinces or cities where they do no
constitute the majority of the population, may form o
constitute a separate barangay in accordance with the Loc
Government Code on the creation of tribal barangays.
Sec. 19. Role of Peoples Organizations.- The State sha
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recognize and respect the role of independent ICCs/IP
organizations to enable the ICCs/IPs to pursue and protec
their legitimate and collective interests and aspiration
through peaceful and lawful means.
Sec. 20. Means for Development /Empowerment of ICCs/IPs
The Government shall establish the means for the fu
development/empowerment of the ICCs/IPs own institution
and initiatives and, where necessary, provide the resource
needed therefor.
CHAPTER V
SOCIAL JUSTICE AND HUMAN RIGHTS
Sec. 21. Equal Protection and Non-discrimination
ICCs/IPs.- Consistent with the equal protection clause of th
Constitution of the Republic of the Philippines, the Charte
of the United Nations, the Universal Declaration of Huma
Rights including the Convention on the Elimination o
Discrimination Against Women and International Huma
Rights Law, the State shall, with due recognition of the
distinct characteristics and identity, accord to the membe
of the ICCs/IPs the rights, protections and privileges enjoye
y the rest of the citizenry. It shall extend to them the sam
employment rights, opportunities, basic services, education
and other rights and privileges available to every member o
the society. Accordingly, the State shall likewise ensure tha
the employment of any form of force of coersion agains
ICCs/IPs shall be dealt with by law.
The State shall ensure that the fundamental human right
and freedoms as enshrined in the Constitution and relevan
international instruments are guaranteed also to indigenou
women. Towards this end, no provision in this Act shall binterpreted so as to result in the diminution of rights an
privileges already recognized and accorded to women unde
existing laws of general application.
Sec. 22. Rights during Armed Conflict.- ICCs/IPs have th
right to special protection and security in periods of arme
conflict. The State shall observe international standards, i
particular, the Fourth Geneva Convention of 1949, for th
protection of civilian populations in circumstances
emergency and armed conflict, and shall not recruit member
of the ICCs/IPs against their will into armed forces, and i
particular, for the use against other ICCs/IPs; not recru
children of ICCs/IPs into the armed forces under an
circumstance; nor force indigenous individuals to abando
their lands, territories and means of subsistence, or relocat
them in special centers for military purposes under an
discriminatory condition.
Sec. 23. Freedom from Discrimination and Right to Equa
Opportunity and Treatment.- It shall be the right of th
ICCs/IPs to be free from any form of discrimination, wit
respect to recruitment and conditions of employment, suc
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that they may enjoy equal opportunities as othe
occupationally-related benefits, informed of their righ
under existing labor legislation and of means available t
them for redress, not subject to any coercive recruitmen
systems, including bonded labor and other forms of deb
servitude; and equal treatment in employment for men an
women, including the protection from sexual harassment.
Towards this end, the State shall within the framework o
national laws and regulations, and in cooperation with thICCs/IPs concerned, adopt special measures to ensure th
effective protection with regard to the recruitment an
conditions of employment of persons belonging to thes
communities, to the extent that they are not effective
protected by the laws applicable to workers in general.
ICCs/IPs shall have the right to association and freedom fo
all trade union activities and the right to conclude collectiv
argaining agreements with employers' conditions. They sha
likewise have the right not to be subject to workin
conditions hazardous to their health, particularly throug
exposure to pesticides and other toxic substances.
Sec. 24. Unlawful Acts Pertaining to Employment.- It shall b
unlawful for any person:
a. To discriminate against any ICC/IP with respect to th
terms and conditions of employment on account of the
descent. Equal remuneration shall be paid to ICC/IP and non
ICC/IP for work of equal value; and
b. To deny any ICC/IP employee any right or benefherein provided for or to discharge them for the purpos
of preventing them from enjoying any of the rights obenefits provided under this Act.
Sec. 25. Basic Services.- The ICC/IP have the right to speci
measures for the immediate, effective and continuin
improvement of their economic and social condition
including in the areas of employment, vocational trainin
and retraining, housing, sanitation, health and soci
security. Particular attention shall be paid to the rights an
special needs of indigenous women, elderly, youth, childre
and differently-abled persons. Accordingly, the State sha
guarantee the right of ICCs/IPs to government 's bas
services which shall include, but not limited to water anelectrical facilities, education, health and infrastructure.
Sec. 26. Women.- ICC/IP women shall enjoy equal rights an
opportunities with men, as regards the social, economi
political and cultural spheres of life. The participation o
indigenous women in the decision-making process in a
levels, as well as in the development of society, shall be give
due respect and recognition.
The State shall provide full access to education, maternal an
child care, health and nutrition, and housing services t
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indigenous women. Vocational, technical, professional an
other forms of training shall be provided to enable thes
women to fully participate in all aspects of social life. As fa
as possible, the State shall ensure that indigenous wome
have access to all services in their own languages.
Sec. 27. Children and Youth.- The State shall recognize th
vital role of the children and youth of ICCs/IPs in nation
uilding and shall promote and protect their physical, mora
spiritual, moral, spiritual, intellectual and social well-beinTowards this end, the State shall support all governmen
programs intended for the development and rearing of th
children and youth of ICCs/IPs for civic efficiency an
establish such mechanisms as may be necessary for th
protection of the rights of the indigenous children and youth
Sec. 28. Integrated System of Education.- The State shal
through the NCIP, provide a complete, adequate an
integrated system of education, relevant to the needs of th
children and Young people of ICCs/IPs.
CHAPTER VICULTURAL INTEGRITY
Sec. 29. Protection of Indigenous Culture, traditions an
institutions.- The state shall respect, recognize and protec
the right of the ICCs/IPs to preserve and protect the
culture, traditions and institutions. It shall consider thes
rights in the formulation of national plans and policies.
Sec. 30. Educational Systems.- The State shall provide equ
access to various cultural opportunities to the ICCs/IP
through the educational system, public or cultural entitie
scholarships, grants and other incentives without prejudicto their right to establish and control their education
systems and institutions by providing education in their ow
language, in a manner appropriate to their cultural method
of teaching and learning. Indigenous children/youth sha
have the right to all levels and forms of education of th
State.
Sec. 31. Recognition of Cultural Diversity.- The State sha
endeavor to have the dignity and diversity of the culture
traditions, histories and aspirations of the ICCs/IP
appropriately reflected in all forms of education, publ
information and cultural-educational exchangConsequently, the State shall take effective measures, i
consultation with ICCs/IPs concerned, to eliminate prejudic
and discrimination and to promote tolerance, understandin
and good relations among ICCs/IPs and all segments
society. Furthermore, the Government shall take effectiv
measures to ensure that State-owned media duly reflec
indigenous cultural diversity. The State shall likewise ensur
the participation of appropriate indigenous leaders i
schools, communities and international cooperativ
undertakings like festivals, conferences, seminars an
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workshops to promote and enhance their distinctive heritag
and values.
Sec. 32. Community Intellectual Rights.- ICCs/IPs have th
right to practice and revitalize their own cultural tradition
and customs. The State shall preserve, protect and develo
the past, present and future manifestations of their culture
as well as the right to the restitution of cultural, intellectua
religious, and spiritual property taken without their free an
prior informed consent or in violation of their lawtraditions and customs.
Sec. 33. Rights to Religious, Cultural Sites and Ceremonies
ICCs/IPs shall have the right to manifest, practice, develo
teach their spiritual and religious traditions, customs an
ceremonies; the right to maintain, protect and have access t
their religious and cultural sites; the right to use and contro
of ceremonial object; and the right to the repatriation o
human remains. Accordingly, the State shall take effectiv
measures, in cooperation with the burial sites, be preserved
respected and protected. To achieve this purpose, it shall b
unlawful to:
a. Explore, excavate or make diggings on archeological site
of the ICCs/IPs for the purpose of obtaining materials o
cultural values without the free and prior informed consen
of the community concerned; and
b. Deface, remove or otherwise destroy artifacts whicare of great importance to the ICCs/IPs for thpreservation of their cultural heritage.
Sec. 34. Right to Indigenous Knowledge Systems an
Practices and to Develop own Sciences and TechnologiesICCs/IPs are entitled to the recognition of the full ownershi
and control and protection of their cultural and intellectu
rights. They shall have the right to special measures t
control, develop and protect their sciences, technologies an
cultural manifestations, including human and other genet
resources, seeds, including derivatives of these resource
traditional medicines and health practices, vital medicin
plants, animals and minerals, indigenous knowledge system
and practices, knowledge of the properties of fauna and flora
oral traditions, literature, designs, and visual and performin
arts.
Sec. 35. Access to Biological and Genetic Resources.- Acces
to biological and genetic resources and to indigenou
knowledge related to the conservation, utilization an
enhancement of these resources, shall be allowed withi
ancestral lands and domains of the ICCs/IPs only with a fre
and prior informed consent of such communities, obtained i
accordance with customary laws of the concerne
community.
Sec. 36. Sustainable Agro-Technical Development. - Th
State shall recognize the right of ICCs/IPs to a sustainab
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agro-technological development and shall formulate an
implement programs of action for its effectiv
implementation. The State shall likewise promote the bi
genetic and resource management systems among th
ICCs/IPs and shall encourage cooperation among governmen
agencies to ensure the successful sustainable development o
ICCs/IPs.
Sec. 37. Funds for Archeological and Historical Sites. - Th
ICCs/IPs shall have the right to receive from the nationgovernment all funds especially earmarked or allocated fo
the management and preservation of their archeological an
historical sites and artifacts with the financial and technic
support of the national government agencies.
CHAPTER VII
NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)
Sec. 38. National Commission on Indigenous Cultura
Communities /Indigenous Peoples (NCCP).- to carry out th
policies herein set forth, there shall be created the Nation
Commission on ICCs/IPs (NCIP), which shall be the primar
government agency responsible for the formulation an
implementation of policies, plans and programs to promot
and protect the rights and well-being of the ICCs/IPs and th
recognition of their ancestral domains as well as their righ
thereto.
Sec. 39. Mandate.- The NCIP shall protect and promote th
interest and well-being of the ICCs/IPs with due regard t
their beliefs, customs, traditions and institutions.
Sec. 40. Composition.- The NCIP shall be an independen
agency under the Office of the President and shall bcomposed of seven (7) Commissioners belonging to ICCs/IP
one (1) of whom shall be the Chairperson. The Commissioner
shall be appointed by the President of the Philippines from
list of recommendees submitted by authentic ICCs/IP
Provided, That the seven (7) Commissioners shall b
appointed specifically from each of the followin
ethnographic areas: Region I and the Cordilleras; Region I
the rest of Luzon; Island Groups including Mindoro, Palawa
Romblon, Panay and the rest of the Visayas; Northern an
Western Mindanao; Southern and Eastern Mindanao; an
Central Mindanao: Provided, That at least two (2) of the seve
(7) Commissioners shall be women.
Sec. 41. Qualifications, Tenure, Compensation.- Th
Chairperson and the six (6) Commissioners must be natur
orn Filipino citizens, bonafide members of ICCs/IPs a
certified by his/her tribe, experienced in ethnic affairs an
who have worked for at least ten (10) years with an ICC/I
community and/or any government agency involved i
ICC/IP, at least 35 years of age at the time of appointmen
and must be of proven honesty and integrity: Provided, Tha
at least two (2) of the seven (7) Commissioners shall be th
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members of the Philippine Bar: Provided, further, That th
members of the NCIP shall hold office for a period of three (3
years, and may be subject to re-appointment for anothe
term: Provided, furthermore, That no person shall serve fo
more than two (2) terms. Appointment to any vacancy sha
only be for the unexpired term of the predecessor and in n
case shall a member be appointed or designated in
temporary or acting capacity: Provided, finally, That th
Chairperson and the Commissioners shall be entitled t
compensation in accordance with the Salary StandardizatioLaw.
Sec. 42. Removal from Office.- Any member of the NCIP ma
e removed from office by the President, on his own initiativ
or upon recommendation by any indigenous communit
efore the expiration of his term for cause and afte
complying with due process requirement of law.
Sec. 43. Appointment of Commissioners.- The President sha
appoint the seven (7) Commissioners of the NCIP withi
ninety (90) days from the effectivity of this Act.
Sec. 44. Powers and Functions.- To accomplish its mandat
the NCIP shall have the following powers, jurisdiction an
function:
a) To serve as the primary government agency through whic
ICCs/IPs can seek government assistance and as th
medium, thorough which such assistance may be extended;
b) To review and assess the conditions of ICCs/IPincluding existing laws and policies pertinent thereto anto propose relevant laws and policies to address the
role in national development;
c) To formulate and implement policies, plans, programand projects for the economic, social and culturadevelopment of the ICCs/IPs and to monitor thimplementation thereof;
d) To request and engage the services and support oexperts from other agencies of government or emploprivate experts and consultants as may be required ithe pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject to existing laws, to enter into contractsagreements, or arrangement, with government or privatagencies or entities as may be necessary to attain thobjectives of this Act, and subject to the approval of thPresident, to obtain loans from government lendininstitutions and other lending institutions to finance itprograms;
g) To negotiate for funds and to accept grantsdonations, gifts and/or properties in whatever form an
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from whatever source, local and international, subject tthe approval of the President of the Philippines, for thbenefit of ICCs/IPs and administer the same iaccordance with the terms thereof; or in the absence oany condition, in such manner consistent with thinterest of ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects fothe advancement of the ICCs/IPs and to oversee th
proper implementation thereof;
i) To convene periodic conventions or assemblies of IPto review, assess as well as propose policies or plans;
j) To advise the President of the Philippines on amatters relating to the ICCs/IPs and to submit withisixty (60) days after the close of each calendar year, report of its operations and achievements;
k) To submit to Congress appropriate legislativproposals intended to carry out the policies under th
Act;
l) To prepare and submit the appropriate budget to thOffice of the President;
m) To issue appropriate certification as a pre-conditioto the grant of permit, lease, grant, or any other similaauthority for the disposition, utilization, managemenand appropriation by any private individual, corporatentity or any government agency, corporation osubdivision thereof on any part or portion of thancestral domain taking into consideration th
consensus approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions and acts of athe various offices within the Commission:
o) To promulgate the necessary rules and regulations fothe implementation of this Act;
p) To exercise such other powers and functions as mabe directed by the President of the Republic of thPhilippines; and
q) To represent the Philippine ICCs/IPs in ainternational conferences and conventions dealing witindigenous peoples and other related concerns.
Sec. 45. Accessibility and Transparency.- Subject to suc
limitations as may be provided by law or by rules an
regulations promulgated pursuant thereto, all official record
documents and papers pertaining to official act
transactions or decisions, as well as research data used a
asis for policy development of the Commission shall b
made accessible to the public.
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Sec.46. Officers within the NCIP .- The NCIP shall have th
following offices which shall be responsible for th
implementation of the policies herein after provided:
a. Ancestral Domains Office - The Ancestral Domain Offic
shall be responsible for the identification, delineation an
recognition of ancestral land/domains. It shall also b
responsible for the management of ancestral lands/domain
in accordance with the master plans as well as th
implementation of the ancestral domain rights of thICCs/IPs as provided in Chapter III of this Act. It shall als
issue, upon the free and prior informed consent of th
ICCs/IPs concerned, certification prior to the grant of an
license, lease or permit for the exploitation of natur
resources affecting the interests of ICCs/IPs in protecting th
territorial integrity of all ancestral domains. It shall likewis
perform such other functions as the Commission may deem
appropriate and necessary;
b. Office on Policy, Planning and Research - The Office oPolicy, Planning and Research shall be responsible fo
the formulation of appropriate policies and programs foICCs/IPs such as, but not limited to, the development oa Five-Year Master Plan for the ICCs/IPs. Such plan shaundergo a process such that every five years, thCommission shall endeavor to assess the plan and makramifications in accordance with the changing situationThe Office shall also undertake the documentation ocustomary law and shall establish and maintain Research Center that would serve as a depository oethnographic information for monitoring, evaluation anpolicy formulation. It shall assist the legislative brancof the national government in the formulation oappropriate legislation benefiting ICCs/IPs.
c. Office of Education, Culture and Health - The Office oCulture, Education and Health shall be responsible fothe effective implementation of the education, culturaand related rights as provided in this Act. It shall assispromote and support community schools, both formaand non-formal, for the benefit of the local indigenoucommunity, especially in areas where existineducational facilities are not accessible to members othe indigenous group. It shall administer all scholarshi
programs and other educational rights intended foICC/IP beneficiaries in coordination with the Departmenof Education, Culture and Sports and the Commission oHigher Education. It shall undertake, within the limits oavailable appropriation, a special program whicincludes language and vocational training, public healtand family assistance program and related subjects.
It shall also identify ICCs/IPs with potential training ithe health profession and encourage and assist them tenroll in schools of medicine, nursing, physical therapand other allied courses pertaining to the healt
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profession.
Towards this end, the NCIP shall deploy a representativin each of the said offices who shall personally performthe foregoing task and who shall receive complaints fromthe ICCs/IPs and compel action from appropriatagency. It shall also monitor the activities of the NationMuseum and other similar government agenciegenerally intended to manage and preserve historica
and archeological artifacts of the ICCs /IPs and shall bresponsible for the implementation of such othefunctions as the NCIP may deem appropriate annecessary;
d. Office on Socio-Economic Services and SpeciaConcerns - The Office on Socio-Economic Services anSpecial Concerns shall serve as the Office through whicthe NCIP shall coordinate with pertinent governmenagencies specially charged with the implementation ovarious basic socio-economic services, policies, planand programs affecting the ICCs/IPs to ensure that thsame are properly and directly enjoyed by them. It shaalso be responsible for such other functions as the NCImay deem appropriate and necessary;
e. Office of Empowerment and Human Rights - The Officof Empowerment and Human Rights shall ensure thaindigenous socio- political, cultural and economic rightare respected and recognized. It shall ensure thacapacity building mechanisms are instituted anICCs/IPs are afforded every opportunity, if they schoose, to participate in all level decision-making.
shall likewise ensure that the basic human rights, ansuch other rights as the NCIP may determine, subject texisting laws, rules and regulations are protected anpromoted;
f. Administrative Office - The Administrative Office shaprovide the NCIP with economical, efficient and effectivservices pertaining to personnel, finance, recordequipment, security, supplies, and related services. Ishall also administer the Ancestral Domains Fund; and
g. Legal Affairs Office - There shall be a Legal Affair
Office which shall advice the NCIP on all legal matterconcerning ICCs/IPs and which shall be responsible foproviding ICCs/IPs with legal assistance in litigatioinvolving community interest. It shall conducpreliminary investigation on the basis of complaints fileby the ICCs/IPs against a natural or juridical persobelieved to have violated ICCs/IPs rights. On the basis oits findings, it shall initiate the filing of appropriate legaor administrative action to the NCIP.
Sec. 47. Other Offices.- The NCIP shall have the power t
create additional offices as it may deem necessary subject t
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existing rules and regulations.
Sec. 48. Regional and Field Offices.- Existing regional an
field offices shall remain to function under the strengthene
organizational structure of the NCIP. Other field office sha
e created wherever appropriate and the staffing patter
thereof shall be determined by the NCIP: Provided, That i
provinces where there are ICCs/IPs but without field office
the NCIP shall establish field offices in said provinces.
Sec. 49. Office of the Executive Director.- The NCIP shacreate the Office of the Executive Director which shall serv
as its secretariat. The office shall be headed by an Executiv
Director who shall be appointed by the President of th
Republic of the Philippines upon the recommendation of th
NCIP on a permanent basis. The staffing pattern of the offic
shall be determined by the NCIP subject to existing rules an
regulations.
Sec. 50. Consultative Body.- A body consisting of th
traditional leaders, elders and representatives from th
women and youth sectors of the different ICCs/IPs shall bconstituted by the NCIP from the time to time to advise it o
matters relating to the problems, aspirations and interests o
the ICCs/IPs.
CHAPTER VIII
DELINEATION AND RECOGNITION OF ANCESTRAL DOMAIN
Sec. 51. Delineation and Recognition of Ancestral Domains
Self-delineation shall be guiding principle in th
identification and delineation of ancestral domains. As such
the ICCs/IPs concerned shall have a decisive role in all th
activities pertinent thereto. The Sworn Statement of th
Elders as to the Scope of the territories anagreements/pacts made with neighboring ICCs/IPs, if an
will be essential to the determination of these tradition
territories. The Government shall take the necessary steps t
identify lands which the ICCs/IPs concerned traditional
occupy and guarantee effective protection of their rights
ownership and possession thereto. Measures shall be taken i
appropriate cases to safeguard the rights of the ICCs/IP
concerned to land which may no longer be exclusivel
occupied by them, but to which they have traditionally ha
access for their subsistence and traditional activitie
particularly of ICCs/IPs who are still nomadic and/or shiftincultivators.
Sec. 52. Delineation Process.- The identification an
delineation of ancestral domains shall be done in accordanc
with the following procedures:
a. Ancestral Domains Delineated Prior to this Act - Th
provisions hereunder shall not apply to ancestr
domains/lands already delineated according to DEN
Administrative Order No. 2, series of 1993, nor to ancestr
lands and domains delineated under any othe
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community/ancestral domain program prior to th
enactment of his law. ICCs/IPs enactment of this law sha
have the right to apply for the issuance of a Certificate
Ancestral Domain Title (CADT) over the area without goin
through the process outlined hereunder;
b. Petition for Delineation - The process of delineating specific perimeter may be initiated by the NCIP with thconsent of the ICC/IP concerned, or through a Petitiofor Delineation filed with the NCIP, by a majority of thmembers of the ICCs/IPs;
c. Delineation Paper - The official delineation of ancestradomain boundaries including census of all communitmembers therein, shall be immediately undertaken bthe Ancestral Domains Office upon filing of thapplication by the ICCs/IPs concerned. Delineation wbe done in coordination with the community concerneand shall at all times include genuine involvement anparticipation by the members of the communitieconcerned;
d. Proof required - Proof of Ancestral Domain Claimshall include the testimony of elders or community undeoath, and other documents directly or indirectly attestinto the possession or occupation of the area since timimmemorial by such ICCs/IPs in the concept of ownerwhich shall be any one (1) of the following authentdocuments:
1. Written accounts of the ICCs/IPs customs and traditions;
2. Written accounts of the ICCs/IPs political structur
and institution;
3. Pictures showing long term occupation such as thosof old improvements, burial grounds, sacred places anold villages;
4. Historical accounts, including pacts and agreementconcerning boundaries entered into by the ICCs/IPconcerned with other ICCs/IPs;
5. Survey plans and sketch maps;
6. Anthropological data;
7. Genealogical surveys;
8. Pictures and descriptive histories of traditionacommunal forests and hunting grounds;
9. Pictures and descriptive histories of traditionalandmarks such as mountains, rivers, creeks, ridgehills, terraces and the like; and
10. Write-ups of names and places derived from th
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native dialect of the community.
e. Preparation of Maps - On the basis of such investigatio
and the findings of fact based thereon, the Ancestral Domain
Office of the NCIP shall prepare a perimeter map, complet
with technical descriptions, and a description of the natur
features and landmarks embraced therein;
f. Report of Investigation and Other Documents - complete copy of the preliminary census and a report o
investigation, shall be prepared by the AncestraDomains Office of the NCIP;
g. Notice and Publication - A copy of each documenincluding a translation in the native language of thICCs/IPs concerned shall be posted in a prominent plactherein for at least fifteen (15) days. A copy of thdocument shall also be posted at the local, provincial anregional offices of the NCIP, and shall be published in newspaper of general circulation once a week for two (2consecutive weeks to allow other claimants to fiopposition thereto within fifteen (15) days from the datof such publication: Provided, That in areas where nsuch newspaper exists, broadcasting in a radio statiowill be a valid substitute: Provided, further, That merposting shall be deemed sufficient if both newspaper anradio station are not available;
h. Endorsement to NCIP - Within fifteen (15) days fropublication, and of the inspection process, the AncestraDomains Office shall prepare a report to the NCIendorsing a favorable action upon a claim that is deemeto have sufficient proof. However, if the proof is deeme
insufficient, the Ancestral Domains Office shall requirthe submission of additional evidence: Provided, That thAncestral Domains Office shall reject any claim that deemed patently false or fraudulent after inspection anverification: Provided, further, That in case of rejectionthe Ancestral Domains Office shall give the applicant dunotice, copy furnished all concerned, containing thgrounds for denial. The denial shall be appealable to thNCIP: Provided, furthermore, That in cases where therare conflicting claims, the Ancestral Domains Office shacause the contending parties to meet and assist them i
coming up with a preliminary resolution of the conflicwithout prejudice to its full adjudication according to thselection below.
i. Turnover of Areas Within Ancestral Domains Manageby Other Government Agencies - The Chairperson of thNCIP shall certify that the area covered is an ancestradomain. The secretaries of the Department of AgrariaReform, Department of Environment and NaturaResources, Department of the Interior and LocaGovernment, and Department of Justice, thCommissioner of the National Development Corporation
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and any other government agency claiming jurisdictioover the area shall be notified thereof. Such notificatioshall terminate any legal basis for the jurisdictiopreviously claimed;
j. Issuance of CADT - ICCs/IPs whose ancestral domainhave been officially delineated and determined by thNCIP shall be issued a CADT in the name of thcommunity concerned, containing a list of all thos
identified in the census; and
k. Registration of CADTs - The NCIP shall register issuecertificates of ancestral domain titles and certificates oancestral lands titles before the Register of Deeds in thplace where the property is situated.
Sec. 53. Identification, Delineation and Certification
Ancestral Lands.-
a. The allocation of lands within any ancestral domain t
individual or indigenous corporate (family or clan) claimant
shall be left to the ICCs/IPs concerned to decide i
accordance with customs and traditions;
. Individual and indigenous corporate claimants of ancestr
lands which are not within ancestral domains, may have the
claims officially established by filing applications for th
identification and delineation of their claims with th
Ancestral Domains Office. An individual or recognized hea
of a family or clan may file such application in his behalf o
in behalf of his family or clan, respectively;
c. Proofs of such claims shall accompany the applicatio
form which shall include the testimony under oath of elder
of the community and other documents directly or indirect
attesting to the possession or occupation of the areas sinc
time immemorial by the individual or corporate claimants i
the concept of owners which shall be any of the authent
documents enumerated under Sec. 52 (d) of this ac
including tax declarations and proofs of payment of taxes;
d. The Ancestral Domains Office may require from eac
ancestral claimant the submission of such other document
Sworn Statements and the like, which in its opinion, ma
shed light on the veracity of the contents of th
application/claim;
e. Upon receipt of the applications for delineation an
recognition of ancestral land claims, the Ancestral Domain
Office shall cause the publication of the application and
copy of each document submitted including a translation i
the native language of the ICCs/IPs concerned in
prominent place therein for at least fifteen (15) days. A cop
of the document shall also be posted at the local, provincia
and regional offices of the NCIP and shall be published in
newspaper of general circulation once a week for two (
consecutive weeks to allow other claimants to file oppositio
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thereto within fifteen (15) days from the date of suc
publication: Provided, That in areas where no such newspape
exists, broadcasting in a radio station will be a vali
substitute: Provided, further, That mere posting shall b
deemed sufficient if both newspapers and radio station ar
not available
f. Fifteen (15) days after such publication, the Ancestr
Domains Office shall investigate and inspect eac
application, and if found to be meritorious, shall cause parcellary survey of the area being claimed. The Ancestr
Domains office shall reject any claim that is deemed patent
false or fraudulent after inspection and verification. In cas
of rejection, the Ancestral Domains office shall give th
applicant due notice, copy furnished all concerned
containing the grounds for denial. The denial shall b
appealable to the NCIP. In case of conflicting claims amon
individual or indigenous corporate claimants, the Ancestra
domains Office shall cause the contending parties to mee
and assist them in coming up with a preliminary resolution o
the conflict, without prejudice to its full adjudicatioaccording to Sec. 62 of this Act. In all proceedings for th
identification or delineation of the ancestral domains a
herein provided, the Director of Lands shall represent th
interest of the Republic of the Philippines; and
g. The Ancestral Domains Office shall prepare and submit
report on each and every application surveyed and delineate
to the NCIP, which shall, in turn, evaluate or corporat
(family or clan) claimant over ancestral lands.
Sec. 54. Fraudulent Claims.- The Ancestral Domains Offic
may, upon written request from the ICCs/IPs, review existinclaims which have been fraudulently acquired by any perso
or community. Any claim found to be fraudulently acquire
y, and issued to, any person or community may be cancelle
y the NCIP after due notice and hearing of all partie
concerned.
Sec. 55. Communal Rights.- Subject to Section 56 hereo
areas within the ancestral domains, whether delineated o
not, shall be presumed to be communally held: Provide, Tha
communal rights under this Act shall not be construed as c
ownership as provided in Republic Act. No. 386, otherwis
known as the New Civil Code.
Sec. 56. Existing Property Rights Regime s.- Property righ
within the ancestral domains already existing and/or veste
upon effectivity of this Act, shall be recognized an
respected.
Sec. 57. Natural Resources within Ancestral Domains.- Th
ICCs/IPs shall have the priority rights in the harvesting
extraction, development or exploitation of any natur
resources within the ancestral domains. A non-member of th
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ICCs/IPs concerned may be allowed to take part in th
development and utilization of the natural resources for
period of not exceeding twenty-five (25) years renewable fo
not more than twenty-five (25) years: Provided, That a form
and written agreement is entered into with the ICCs/IP
concerned or that the community, pursuant to its ow
decision making process, has agreed to allow such operation
Provided, finally, That the all extractions shall be used t
facilitate the development and improvement of the ancestr
domains.
Sec. 58. Environmental Consideration.- Ancestral domains o
portion thereof, which are found necessary for critic
watersheds, mangroves wildlife sanctuaries, wildernes
protected areas, forest cover, or reforestation as determine
y the appropriate agencies with the full participation of th
ICCs/IPs concerned shall be maintained, managed an
developed for such purposes. The ICCs/IPs concerned sha
e given the responsibility to maintain, develop, protect an
conserve such areas with the full and effective assistance o
the government agencies. Should the ICCs/IPs decide ttransfer the responsibility over the areas, said decision mu
e made in writing. The consent of the ICCs/IPs should b
arrived at in accordance with its customary laws withou
prejudice to the basic requirement of the existing laws o
free and prior informed consent: Provided, That the transfe
shall be temporary and will ultimately revert to the ICCs/IP
in accordance with a program for technology transfe
Provided, further, That no ICCs/IPs shall be displaced o
relocated for the purpose enumerated under this sectio
without the written consent of the specific person
authorized to give consent.
Sec. 59. Certification Precondition .- all department and othe
governmental agencies shall henceforth be strictly enjoine
from issuing, renewing, or granting any concession, license o
lease, or entering into any production-sharing agreemen
without prior certification from the NCIP that the are
affected does not overlap with any ancestral domain. Suc
certificate shall only be issued after a field-base
investigation is conducted by the Ancestral Domain Office o
the area concerned: Provided, That no certificate shall b
issued by the NCIP without the free and prior informed an
written consent of the ICCs/IPs concerned: Provided, furtheThat no department, government agency or governmen
owned or -controlled corporation may issue new concession
license, lease, or production sharing agreement while there
pending application CADT: Provided, finally, That th
ICCs/IPs shall have the right to stop or suspend, i
accordance with this Act, any project that has not satisfie
the requirement of this consultation process.
Sec.60. Exemption from Taxes .- All lands certified to b
ancestral domains shall be exempt from real property taxe
specially levies, and other forms of exaction except suc
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portion of the ancestral domains as are actually used fo
large-scale agriculture, commercial forest plantation an
residential purposes and upon titling by other by privat
person: Provided, that all exactions shall be used to facilitat
the development and improvement of the ancestral domains
Sec. 61. Temporary Requisition Powers.- Prior to th
establishment of an institutional surveying capacity whereb
it can effectively fulfill its mandate, but in no case beyon
three (3) years after its creation, the NCIP is herebauthorized to request the Department of Environment an
Natural Resources (DENR) survey teams as well as othe
equally capable private survey teams, through
Memorandum of Agreement (MOA), to delineate ancestr
domain perimeters. The DENR Secretary shall accommodat
any such request within one (1) month of its issuanc
Provided, That the Memorandum of Agreement sha
stipulate, among others, a provision for technology transfe
to the NCIP.
Sec. 62. Resolution of Conflicts.- In cases of conflictin