Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress

Republic Act No. 8371 October 29, 1997
AN ACT TO RECOGNIZE, PROTECT AND
PROMOTE THE RIGHTS OF INDIGENOUS
CULTURAL COMMUNITIES/INDIGENOUS
PEOPLE, CREATING A NATIONAL COMMISSION
OF INDIGENOUS PEOPLE, ESTABLISHING
IMPLEMENTING MECHANISMS, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. - This Act shall be known as
"The Indigenous Peoples Rights Act of 1997."
Section 2. Declaration of State Policies. - The State
shall recognize and promote all the rights of
Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs) hereunder enumerated within the
framework of the Constitution:
a) The State shall recognize and promote
the rights of ICCs/IPs within the framework
of national unity and development;
b)The State shall protect the rights of
ICCs/IPs to their ancestral domains to
ensure their economic, social and cultural
well being and shall recognize the
applicability of customary laws governing
property rights or relations in determining
the ownership and extent of ancestral
domain;
c) The State shall recognize, respect and
protect the rights of ICCs/IPs to preserve
and develop their cultures, traditions and
institutions. It shall consider these rights in
the formulation of national laws and
policies;
d) The State shall guarantee that members
of the ICCs/IPs regardless of sex, shall
equally enjoy the full measure of human
rights and freedoms without distinctions or
discriminations;
e) The State shall take measures, with the
participation of the ICCs/IPs concerned, to
protect their rights and guarantee respect
for their cultural integrity, and to ensure that
members of the ICCs/IPs benefit on an
equal footing from the rights and
opportunities which national laws and
regulations grant to other members of the
population and
f) The State recognizes its obligations to
respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring
maximum ICC/IP participation in the
direction of education, health, as well as
other services of ICCs/IPs, in order to
render such services more responsive to
the needs and desires of these
communities.
Towards these ends, the State shall institute and
establish the necessary mechanisms to enforce and
guarantee the realization of these rights, taking into
consideration their customs, traditions, values, beliefs,
their rights to their ancestral domains.
CHAPTER II
DEFINITION OF TERMS
Section 3. Definition of Terms. - For purposes of
this Act, the following terms shall mean:
a) Ancestral Domains - Subject to Section
56 hereof, refer to all areas generally
belonging to ICCs/IPs comprising
lands,inland waters, coastal areas, and
natural resources therein, held under a
claim of ownership, occupied or possessed
by ICCs/IPs, themselves or through their
ancestors, communally or individually since
time immemorial, continuously to the
present except when interrupted by war,
force majeure or displacement by force,
deceit, stealth or as a consequence of
government projects or any other voluntary
dealings entered into by government and
private individuals, corporations, and which
are necessary to ensure their economic,
social and cultural welfare. It shall include
ancestral land, forests, pasture, residential,
agricultural, and other lands individually
owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds,
worship areas, bodies of water, mineral and
other natural resources, and lands which
may no longer be exclusively occupied by
ICCs/IPs but from which their traditionally
had access to for their subsistence and
traditional activities, particularly the home
ranges of ICCs/IPs who are still nomadic
and/or shifting cultivators;
b) Ancestral Lands - Subject to Section 56
hereof, refers to land occupied, possessed
and utilized by individuals, families and
clans who are members of the ICCs/IPs
since time immemorial, by themselves or
through their predecessors-in-interest,
under claims of individual or traditional
group ownership,continuously, to the
present except when interrupted by war,
force majeure or displacement by force,
deceit, stealth, or as a consequence of
government projects and other voluntary
dealings entered into by government and
private individuals/corporations, including,
but not limited to, residential lots, rice
terraces or paddies, private forests,
swidden farms and tree lots;
c) Certificate of Ancestral Domain Title -
refers to a title formally recognizing the
rights of possession and ownership of
ICCs/IPs over their ancestral domains
identified and delineated in accordance with
this law;
d) Certificate of Ancestral Lands Title -
refers to a title formally recognizing the
rights of ICCs/IPs over their ancestral
lands;
e) Communal Claims - refer to claims on
land, resources and rights thereon,
belonging to the whole community within a
defined territory
f) Customary Laws - refer to a body of
written and/or unwritten rules, usages,
customs and practices traditionally and
continually recognized, accepted and
observed by respective ICCs/IPs;
g) Free and Prior Informed Consent - as
used in this Act shall mean the consensus
of all members of the ICCs/IPs to; be
determined in accordance with their
respective customary laws and practices,
free from any external manipulation,
interference and coercion, and obtained
after fully disclosing the intent and scope of
the activity, in a language an process
understandable to the community;
h) Indigenous Cultural
Communities/Indigenous Peoples - refer to
a group of people or homogenous societies
identified by self-ascription and ascription
by other, who have continuously lived as
organized community on communally
bounded and defined territory, and who
have, under claims of ownership since time
immemorial, occupied, possessed customs,
tradition and other distinctive cultural traits,
or who have, through resistance to political,
social and cultural inroads of colonization,
non-indigenous religions and culture,
became historically differentiated from the
majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as
indigenous on account of their descent from
the populations which inhabited the country,
at the time of conquest or colonization, or at
the time of inroads of non-indigenous
religions and cultures, or the establishment
of present state boundaries, who retain
some or all of their own social, economic,
cultural and political institutions, but who
may have been displaced from their
traditional domains or who may have
resettled outside their ancestral domains;
i) Indigenous Political Structure - refer to
organizational and cultural leadership
systems, institutions, relationships, patterns
and processed for decision-making and
participation, identified by ICCs/IPs such
as, but not limited to, Council of Elders,
Council of Timuays, Bodong Holder, or any
other tribunal or body of similar nature;
j) Individual Claims - refer to claims on land
and rights thereon which have been
devolved to individuals, families and clans
including, but not limited to, residential lots,
rice terraces or paddies and tree lots;
k) National Commission on Indigenous
Peoples (NCIP) - refers to the office created
under this Act, which shall be under the
Office of the President, and which shall be
the primary government agency responsible
for the formulation and implementation of
policies, plans and programs to recognize,
protect and promote the rights of ICCs/IPs;
l) Native Title - refers to pre-conquest rights
to lands and domains which, as far back as
memory reaches, have been held under a
claim of private ownership by ICCs/IPs,
have never been public lands and are thus
indisputably presumed to have been held
that way since before the Spanish
Conquest;
m) Nongovernment Organization - refers to
a private, nonprofit voluntary organization
that has been organized primarily for the
delivery of various services to the ICCs/IPs
and has an established track record for
effectiveness and acceptability in the
community where it serves;
n) People's Organization - refers to a
private, nonprofit voluntary organization of
members of an ICC/IP which is accepted as
representative of such ICCs/IPs;
o) Sustainable Traditional Resource Rights
- refer to the rights of ICCs/IPs to
sustainably use,manage, protect and
conserve a) land, air, water, and minerals;
b) plants, animals and other organisms; c)
collecting, fishing and hunting grounds; d)
sacred sites; and e) other areas of
economic, ceremonial and aesthetic value
in accordance with their indigenous
knowledge, beliefs, systems and practices;
and
p) Time Immemorial - refers to a period of
time when as far back as memory can go,
certain ICCs/IPs are known to have
occupied, possessed in the concept of
owner, and utilized a defined territory
devolved to them, by operation of
customary law or inherited from their
ancestors, in accordance with their customs
and traditions.
CHAPTER III
RIGHTS TO ANCESTRAL DOMAINS
Section 4. Concept of Ancestral Lands/Domains. -
Ancestral lands/domains shall include such concepts
of territories which cover not only the physical
environment but the total environment including the
spiritual and cultural bonds to the area which the
ICCs/IPs possess, occupy and use and to which they
have claims of ownership.
Section 5. Indigenous Concept of Ownership. -
Indigenous concept of ownership sustains the view
that ancestral domains and all resources found
therein shall serve as the material bases of their
cultural integrity. The indigenous concept of
ownership generally holds that ancestral domains are
the ICC's/IP's private but community property which
belongs to all generations and therefore cannot be
sold, disposed or destroyed. It likewise covers
sustainable traditional resource rights.
Section 6. Composition of Ancestral
Lands/Domains. - Ancestral lands and domains shall
consist of all areas generally belonging to ICCs/IPs as
referred under Sec. 3, items (a) and (b) of this Act.
Section 7. Rights to Ancestral Domains. - The
rights of ownership and possession of ICCs/IPs t their
ancestral domains shall be recognized and protected.
Such rights shall include:
a. Rights of Ownership.- The right to claim
ownership over lands, bodies of water
traditionally and actually occupied by
ICCs/IPs, sacred places, traditional hunting
and fishing grounds, and all improvements
made by them at any time within the
domains;
b. Right to Develop Lands and Natural
Resources. - Subject to Section 56 hereof,
right to develop, control and use lands and
territories traditionally occupied, owned, or
used; to manage and conserve natural
resources within the territories and uphold
the responsibilities for future generations; to
benefit and share the profits from allocation
and utilization of the natural resources
found therein; the right to negotiate the
terms and conditions for the exploration of
natural resources in the areas for the
purpose of ensuring ecological,
environmental protection and the
conservation measures, pursuant to
national and customary laws; the right to an
informed and intelligent participation in the
formulation and implementation of any
project, government or private, that will
affect or impact upon the ancestral domains
and to receive just and fair compensation
for any damages which they sustain as a
result of the project; and the right to
effective measures by the government to
prevent any interfere with, alienation and
encroachment upon these rights;
c. Right to Stay in the Territories- The right
to stay in the territory and not be removed
therefrom. No ICCs/IPs will be relocated
without their free and prior informed
consent, nor through any means other than
eminent domain. Where relocation is
considered necessary as an exceptional
measure, such relocation shall take place
only with the free and prior informed
consent of the ICCs/IPs concerned and
whenever possible, they shall be
guaranteed the right to return to their
ancestral domains, as soon as the grounds
for relocation cease to exist. When such
return is not possible, as determined by
agreement or through appropriate
procedures, ICCs/IPs shall be provided in
all possible cases with lands of quality and
legal status at least equal to that of the land
previously occupied by them, suitable to
provide for their present needs and future
development. Persons thus relocated shall
likewise be fully compensated for any
resulting loss or injury;
d. Right in Case of Displacement. - In case
displacement occurs as a result of natural
catastrophes, the State shall endeavor to
resettle the displaced ICCs/IPs in suitable
areas where they can have temporary life
support system: Provided, That the
displaced ICCs/IPs shall have the right to
return to their abandoned lands until such
time that the normalcy and safety of such
lands shall be determined: Provided,
further, That should their ancestral domain
cease to exist and normalcy and safety of
the previous settlements are not possible,
displaced ICCs/IPs shall enjoy security of
tenure over lands to which they have been
resettled: Provided, furthermore, That basic
services and livelihood shall be provided to
them to ensure that their needs are
adequately addressed:
e. Right to Regulate Entry of Migrants. -
Right to regulate the entry of migrant
settlers and organizations into the domains;
f. Right to Safe and Clean Air and Water. -
For this purpose, the ICCs/IPs shall have
access to integrated systems for the
management of their inland waters and air
space;
g. Right to Claim Parts of Reservations. -
The right to claim parts of the ancestral
domains which have been reserved for
various purposes, except those reserved
and intended for common and public
welfare and service; and
h. Right to Resolve Conflict. - Right to
resolve land conflicts in accordance with
customary laws of the area where the land
is located, and only in default thereof shall
the complaints be submitted to amicable
settlement and to the Courts of Justice
whenever necessary.
Section 8. Rights to Ancestral Lands. - The right of
ownership and possession of the ICCs/IPs, to their
ancestral lands shall be recognized and protected.
a. Right to transfer land/property. - Such
right shall include the right to transfer land
or property rights to/among members of the
same ICCs/IPs, subject to customary laws
and traditions of the community concerned.
b. Right to Redemption. - In cases where it
is shown that the transfer of land/property
rights by virtue of any agreement or devise,
to a non-member of the concerned
ICCs/IPs is tainted by the vitiated consent
of the ICCs/IPs,or is transferred for an
unconscionable consideration or price, the
transferor ICC/IP shall have the right to
redeem the same within a period not
exceeding fifteen (15) years from the date
of transfer.
Section 9. Responsibilities of ICCs/IPs to their
Ancestral Domains. - ICCs/IPs occupying a duly
certified ancestral domain shall have the following
responsibilities:
a. Maintain Ecological Balance- To
preserve, restore, and maintain a balanced
ecology in the ancestral domain by
protecting the flora and fauna, watershed
areas, and other reserves;
b. Restore Denuded Areas- To actively
initiate, undertake and participate in the
reforestation of denuded areas and other
development programs and projects subject
to just and reasonable remuneration; and
c. Observe Laws- To observe and comply
with the provisions of this Act and the rules
and regulations for its effective
implementation.
Section 10. Unauthorized and Unlawful Intrusion. -
Unauthorized and unlawful intrusion upon, or use of
any portion of the ancestral domain, or any violation
of the rights herein before enumerated, shall be
punishable under this law. Furthermore, the
Government shall take measures to prevent non-
ICCs/IPs from taking advantage of the ICCs/IPs
customs or lack of understanding of laws to secure
ownership, possession of land belonging to said
ICCs/IPs.
Section 11. Recognition of Ancestral Domain
Rights. - The rights of ICCs/IPs to their ancestral
domains by virtue of Native Title shall be recognized
and respected. Formal recognition, when solicited by
ICCs/IPs concerned, shall be embodied in a
Certificate of Ancestral Domain Title (CADT), which
shall recognize the title of the concerned ICCs/IPs
over the territories identified and delineated.
Section 12. Option to Secure Certificate of Title
under Commonwealth Act 141, as amended, or
the Land Registration Act 496. - Individual members
of cultural communities, with respect to individually-
owned ancestral lands who, by themselves or through
their predecessors-in -interest, have been in
continuous possession and occupation of the same in
the concept of owner since the immemorial or for a
period of not less than thirty (30) years immediately
preceding the approval of this Act and uncontested by
the members of the same ICCs/IPs shall have the
option to secure title to their ancestral lands under the
provisions of Commonwealth Act 141, as amended,
or the Land Registration Act 496.
For this purpose, said individually-owned ancestral
lands, which are agricultural in character and actually
used for agricultural, residential, pasture, and tree
farming purposes, including those with a slope of
eighteen percent (18%) or more, are hereby classified
as alienable and disposable agricultural lands.
The option granted under this Section shall be
exercised within twenty (20) years from the approval
of this Act.
CHAPTER IV
RIGHT TO SELF-GOVERNANCE AND
EMPOWERMENT
Section 13. Self-Governance. - The State
recognizes the inherent right of ICCs/IPs to self-
governance and self-determination and respects the
integrity of their values, practices and institutions.
Consequently, the State shall guarantee the right of
ICCs/IPs to freely pursue their economic, social and
cultural development.
Section 14. Support for Autonomous Regions. -
The State shall continue to strengthen and support
the autonomous regions created under the
Constitution as they may require or need. The State
shall likewise encourage other ICCs/IPs not included
or outside Muslim Mindanao and the Cordillera to use
the form and content of their ways of life as may be
compatible with the fundamental rights defined in the
Constitution of the Republic of the Philippines and
other internationally recognized human rights.
Section 15. J ustice System, Conflict Resolution
Institutions and Peace Building Processes. - The
ICCs/IPs shall have the right to use their own
commonly accepted justice systems, conflict
resolution institutions, peace building processes or
mechanisms and other customary laws and practices
within their respective communities and as may be
compatible with the national legal system and with
internationally recognized human rights.
Section 16. Right to Participate in Decision -
Making. - ICCs/IPs have the right to participate fully,
if they so choose, at all levels of decision-making in
matters which may affect their rights, lives and
destinies through procedures determined by them as
well as to maintain and develop their own indigenous
political structures. Consequently, the State shall
ensure that the ICCs/IPs shall be given mandatory
representation in policy-making bodies and other local
legislative councils.
Section 17. Right to Determine and Decide
Priorities for Development. - The ICCs/IPs shall
have the right to determine and decide their own
priorities for development affecting their lives, beliefs,
institutions, spiritual well-being, and the lands they
own, occupy or use. They shall participate in the
formulation,implementation and evaluation of policies,
plans and programs for national, regional and local
development which may directly affect them.
Section 18. Tribal Barangays. - The ICCs/IPs living
in contiguous areas or communities where they form
the predominant population but which are located in
municipalities, provinces or cities where they do not
constitute the majority of the population, may form or
constitute a separate barangay in accordance with the
Local Government Code on the creation of tribal
barangays.
Section 19. Role of Peoples Organizations. - The
State shall recognize and respect the role of
independent ICCs/IPs organizations to enable the
ICCs/IPs to pursue and protect their legitimate and
collective interests and aspirations through peaceful
and lawful means.
Section 20. Means for Development
/Empowerment of ICCs/IPs. - The Government shall
establish the means for the full
development/empowerment of the ICCs/IPs own
institutions and initiatives and, where necessary,
provide the resources needed therefor.
CHAPTER V
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 21. Equal Protection and Non-
discrimination of ICCs/IPs. - Consistent with the
equal protection clause of the Constitution of the
Republic of the Philippines, the Charter of the United
Nations, the Universal Declaration of Human Rights
including the Convention on the Elimination of
Discrimination Against Women and International
Human Rights Law, the State shall, with due
recognition of their distinct characteristics and identity,
accord to the members of the ICCs/IPs the rights,
protections and privileges enjoyed by the rest of the
citizenry. It shall extend to them the same
employment rights, opportunities, basic services,
educational and other rights and privileges available
to every member of the society. Accordingly, the State
shall likewise ensure that the employment of any form
of force of coersion against ICCs/IPs shall be dealt
with by law.
The State shall ensure that the fundamental human
rights and freedoms as enshrined in the Constitution
and relevant international instruments are guaranteed
also to indigenous women. Towards this end, no
provision in this Act shall be interpreted so as to result
in the diminution of rights and privileges already
recognized and accorded to women under existing
laws of general application.
Section 22. Rights during Armed Conflict. -
ICCs/IPs have the right to special protection and
security in periods of armed conflict. The State shall
observe international standards, in particular, the
Fourth Geneva Convention of 1949, for the protection
of civilian populations in circumstances of emergency
and armed conflict, and shall not recruit members of
the ICCs/IPs against their will into armed forces, and
in particular, for the use against other ICCs/IPs; not
recruit children of ICCs/IPs into the armed forces
under any circumstance; nor force indigenous
individuals to abandon their lands, territories and
means of subsistence, or relocate them in special
centers for military purposes under any discriminatory
condition.
Section 23. Freedom from Discrimination and
Right to Equal Opportunity and Treatment. - It
shall be the right of the ICCs/IPs to be free from any
form of discrimination, with respect to recruitment and
conditions of employment, such that they may enjoy
equal opportunities as other occupationally-related
benefits, informed of their rights under existing labor
legislation and of means available to them for redress,
not subject to any coercive recruitment systems,
including bonded labor and other forms of debt
servitude; and equal treatment in employment for men
and women, including the protection from sexual
harassment.
Towards this end, the State shall within the framework
of national laws and regulations, and in cooperation
with the ICCs/IPs concerned, adopt special measures
to ensure the effective protection with regard to the
recruitment and conditions of employment of persons
belonging to these communities, to the extent that
they are not effectively protected by the laws
applicable to workers in general.
ICCs/IPs shall have the right to association and
freedom for all trade union activities and the right to
conclude collective bargaining agreements with
employers' conditions. They shall likewise have the
right not to be subject to working conditions
hazardous to their health, particularly through
exposure to pesticides and other toxic substances.
Section 24. Unlawful Acts Pertaining to
Employment. - It shall be unlawful for any person:
a. To discriminate against any ICC/IP with
respect to the terms and conditions of
employment on account of their 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 benefit herein provided for or to
discharge them for the purpose of
preventing them from enjoying any of the
rights or benefits provided under this Act.
Section 25. Basic Services. - The ICC/IP have the
right to special measures for the immediate, effective
and continuing improvement of their economic and
social conditions, including in the areas of
employment, vocational training and retraining,
housing, sanitation, health and social security.
Particular attention shall be paid to the rights and
special needs of indigenous women, elderly, youth,
children and differently-abled persons. Accordingly,
the State shall guarantee the right of ICCs/IPs to
government 's basic services which shall include, but
not limited to water and electrical facilities, education,
health and infrastructure.
Section 26. Women. - ICC/IP women shall enjoy
equal rights and opportunities with men, as regards
the social, economic, political and cultural spheres of
life. The participation of indigenous women in the
decision-making process in all levels, as well as in the
development of society, shall be given due respect
and recognition.
The State shall provide full access to education,
maternal and child care, health and nutrition, and
housing services to indigenous women. Vocational,
technical, professional and other forms of training
shall be provided to enable these women to fully
participate in all aspects of social life. As far as
possible, the State shall ensure that indigenous
women have access to all services in their own
languages.
Section 27. Children and Youth. - The State shall
recognize the vital role of the children and youth of
ICCs/IPs in nation-building and shall promote and
protect their physical, moral, spiritual, moral, spiritual,
intellectual and social well-being. Towards this end,
the State shall support all government programs
intended for the development and rearing of the
children and youth of ICCs/IPs for civic efficiency and
establish such mechanisms as may be necessary for
the protection of the rights of the indigenous children
and youth.
Section 28. Integrated System of Education. - The
State shall, through the NCIP, provide a complete,
adequate and integrated system of education,
relevant to the needs of the children and Young
people of ICCs/IPs.
CHAPTER VI
CULTURAL INTEGRITY
Section 29. Protection of Indigenous Culture,
traditions and institutions. - The state shall respect,
recognize and protect the right of the ICCs/IPs to
preserve and protect their culture, traditions and
institutions. It shall consider these rights in the
formulation of national plans and policies.
Section 30. Educational Systems. - The State shall
provide equal access to various cultural opportunities
to the ICCs/IPs through the educational system,
public or cultural entities, scholarships, grants and
other incentives without prejudice to their right to
establish and control their educational systems and
institutions by providing education in their own
language, in a manner appropriate to their cultural
methods of teaching and learning. Indigenous
children/youth shall have the right to all levels and
forms of education of the State.
Section 31. Recognition of Cultural Diversity. -
The State shall endeavor to have the dignity and
diversity of the cultures, traditions, histories and
aspirations of the ICCs/IPs appropriately reflected in
all forms of education, public information and cultural-
educational exchange. Consequently, the State shall
take effective measures, in consultation with ICCs/IPs
concerned, to eliminate prejudice and discrimination
and to promote tolerance, understanding and good
relations among ICCs/IPs and all segments of society.
Furthermore, the Government shall take effective
measures to ensure that State-owned media duly
reflect indigenous cultural diversity. The State shall
likewise ensure the participation of appropriate
indigenous leaders in schools, communities and
international cooperative undertakings like festivals,
conferences, seminars and workshops to promote
and enhance their distinctive heritage and values.
Section 32. Community Intellectual Rights. -
ICCs/IPs have the right to practice and revitalize their
own cultural traditions and customs. The State shall
preserve, protect and develop the past, present and
future manifestations of their cultures as well as the
right to the restitution of cultural, intellectual, religious,
and spiritual property taken without their free and prior
informed consent or in violation of their laws,
traditions and customs.
Section 33. Rights to Religious, Cultural Sites and
Ceremonies. - ICCs/IPs shall have the right to
manifest, practice, develop teach their spiritual and
religious traditions, customs and ceremonies; the right
to maintain, protect and have access to their religious
and cultural sites; the right to use and control of
ceremonial object; and the right to the repatriation of
human remains. Accordingly, the State shall take
effective measures, in cooperation with the burial
sites, be preserved, respected and protected. To
achieve this purpose, it shall be unlawful to:
a. Explore, excavate or make diggings on
archeological sites of the ICCs/IPs for the
purpose of obtaining materials of cultural
values without the free and prior informed
consent of the community concerned; and
b. Deface, remove or otherwise destroy
artifacts which are of great importance to
the ICCs/IPs for the preservation of their
cultural heritage.
Section 34. Right to Indigenous Knowledge
Systems and Practices and to Develop own
Sciences and Technologies. - ICCs/IPs are entitled
to the recognition of the full ownership and control
and protection of their cultural and intellectual rights.
They shall have the right to special measures to
control, develop and protect their sciences,
technologies and cultural manifestations, including
human and other genetic resources, seeds, including
derivatives of these resources, traditional medicines
and health practices, vital medicinal plants, animals
and minerals, indigenous knowledge systems and
practices, knowledge of the properties of fauna and
flora, oral traditions, literature, designs, and visual and
performing arts.
Section 35. Access to Biological and Genetic
Resources. - Access to biological and genetic
resources and to indigenous knowledge related to the
conservation, utilization and enhancement of these
resources, shall be allowed within ancestral lands and
domains of the ICCs/IPs only with a free and prior
informed consent of such communities, obtained in
accordance with customary laws of the concerned
community.
Section 36. Sustainable Agro-Technical
Development. - The State shall recognize the right of
ICCs/IPs to a sustainable agro-technological
development and shall formulate and implement
programs of action for its effective implementation.
The State shall likewise promote the bio-genetic and
resource management systems among the ICCs/IPs
and shall encourage cooperation among government
agencies to ensure the successful sustainable
development of ICCs/IPs.
Section 37. Funds for Archeological and Historical
Sites. - The ICCs/IPs shall have the right to receive
from the national government all funds especially
earmarked or allocated for the management and
preservation of their archeological and historical sites
and artifacts with the financial and technical support
of the national government agencies.
CHAPTER VII
NATIONAL COMMISSION ON INDIGENOUS
PEOPLES (NCIP)
Section 38. National Commission on Indigenous
Cultural Communities /Indigenous Peoples
(NCCP). - to carry out the policies herein set forth,
there shall be created the National Commission on
ICCs/IPs (NCIP), which shall be the primary
government agency responsible for the formulation
and implementation of policies, plans and programs to
promote and protect the rights and well-being of the
ICCs/IPs and the recognition of their ancestral
domains as well as their rights thereto.
Section 39. Mandate. - The NCIP shall protect and
promote the interest and well-being of the ICCs/IPs
with due regard to their beliefs, customs, traditions
and institutions.
Section 40. Composition. - The NCIP shall be an
independent agency under the Office of the President
and shall be composed of seven (7) Commissioners
belonging to ICCs/IPs, one (1) of whom shall be the
Chairperson. The Commissioners shall be appointed
by the President of the Philippines from a list of
recommendees submitted by authentic ICCs/IPs:
Provided, That the seven (7) Commissioners shall be
appointed specifically from each of the following
ethnographic areas: Region I and the Cordilleras;
Region II; the rest of Luzon; Island Groups including
Mindoro, Palawan, Romblon, Panay and the rest of
the Visayas; Northern and Western Mindanao;
Southern and Eastern Mindanao; and Central
Mindanao: Provided, That at least two (2) of the
seven (7) Commissioners shall be women.
Section 41. Qualifications, Tenure, Compensation.
- The Chairperson and the six (6) Commissioners
must be natural born Filipino citizens, bonafide
members of ICCs/IPs as certified by his/her tribe,
experienced in ethnic affairs and who have worked for
at least ten (10) years with an ICC/IP community
and/or any government agency involved in ICC/IP, at
least 35 years of age at the time of appointment, and
must be of proven honesty and integrity: Provided,
That at least two (2) of the seven (7) Commissioners
shall be the members of the Philippine Bar: Provided,
further, That the members of the NCIP shall hold
office for a period of three (3) years, and may be
subject to re-appointment for another term: Provided,
furthermore, That no person shall serve for more than
two (2) terms. Appointment to any vacancy shall only
be for the unexpired term of the predecessor and in
no case shall a member be appointed or designated
in a temporary or acting capacity: Provided, finally,
That the Chairperson and the Commissioners shall be
entitled to compensation in accordance with the
Salary Standardization Law.
Section 42. Removal from Office. - Any member of
the NCIP may be removed from office by the
President, on his own initiative or upon
recommendation by any indigenous community,
before the expiration of his term for cause and after
complying with due process requirement of law.
Section 43. Appointment of Commissioners. - The
President shall appoint the seven (7) Commissioners
of the NCIP within ninety (90) days from the effectivity
of this Act.
Section 44. Powers and Functions. - To accomplish
its mandate, the NCIP shall have the following
powers, jurisdiction and function:
a) To serve as the primary government
agency through which ICCs/IPs can seek
government assistance and as the medium,
thorough which such assistance may be
extended;
b) To review and assess the conditions of
ICCs/IPs including existing laws and
policies pertinent thereto and to propose
relevant laws and policies to address their
role in national development;
c) To formulate and implement policies,
plans, programs and projects for the
economic, social and cultural development
of the ICCs/IPs and to monitor the
implementation thereof;
d) To request and engage the services and
support of experts from other agencies of
government or employ private experts and
consultants as may be required in the
pursuit of its objectives;
e) To issue certificate of ancestral
land/domain title;
f) Subject to existing laws, to enter into
contracts, agreements, or arrangement,
with government or private agencies or
entities as may be necessary to attain the
objectives of this Act, and subject to the
approval of the President, to obtain loans
from government lending institutions and
other lending institutions to finance its
programs;
g) To negotiate for funds and to accept
grants, donations, gifts and/or properties in
whatever form and from whatever source,
local and international, subject to the
approval of the President of the Philippines,
for the benefit of ICCs/IPs and administer
the same in accordance with the terms
thereof; or in the absence of any condition,
in such manner consistent with the interest
of ICCs/IPs as well as existing laws;
h) To coordinate development programs
and projects for the advancement of the
ICCs/IPs and to oversee the proper
implementation thereof;
i) To convene periodic conventions or
assemblies of IPs to review, assess as well
as propose policies or plans;
j) To advise the President of the Philippines
on all matters relating to the ICCs/IPs and
to submit within sixty (60) days after the
close of each calendar year, a report of its
operations and achievements;
k) To submit to Congress appropriate
legislative proposals intended to carry out
the policies under this Act;
l) To prepare and submit the appropriate
budget to the Office of the President;
m) To issue appropriate certification as a
pre-condition to the grant of permit, lease,
grant, or any other similar authority for the
disposition, utilization, management and
appropriation by any private individual,
corporate entity or any government agency,
corporation or subdivision thereof on any
part or portion of the ancestral domain
taking into consideration the consensus
approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions
and acts of all the various offices within the
Commission:
o) To promulgate the necessary rules and
regulations for the implementation of this
Act;
p) To exercise such other powers and
functions as may be directed by the
President of the Republic of the Philippines;
and
q) To represent the Philippine ICCs/IPs in
all international conferences and
conventions dealing with indigenous
peoples and other related concerns.
Section 45. Accessibility and Transparency. -
Subject to such limitations as may be provided by law
or by rules and regulations promulgated pursuant
thereto, all official records, documents and papers
pertaining to official acts, transactions or decisions, as
well as research data used as basis for policy
development of the Commission shall be made
accessible to the public.
Section 46. Officers within the NCIP. - The NCIP
shall have the following offices which shall be
responsible for the implementation of the policies
herein after provided:
a. Ancestral Domains Office - The Ancestral
Domain Office shall be responsible for the
identification, delineation and recognition of
ancestral land/domains. It shall also be
responsible for the management of
ancestral lands/domains in accordance with
the master plans as well as the
implementation of the ancestral domain
rights of the ICCs/IPs as provided in
Chapter III of this Act. It shall also issue,
upon the free and prior informed consent of
the ICCs/IPs concerned, certification prior
to the grant of any license, lease or permit
for the exploitation of natural resources
affecting the interests of ICCs/IPs in
protecting the territorial integrity of all
ancestral domains. It shall likewise perform
such other functions as the Commission
may deem appropriate and necessary;
b. Office on Policy, Planning and Research
- The Office on Policy, Planning and
Research shall be responsible for the
formulation of appropriate policies and
programs for ICCs/IPs such as, but not
limited to, the development of a Five-Year
Master Plan for the ICCs/IPs. Such plan
shall undergo a process such that every
five years, the Commission shall endeavor
to assess the plan and make ramifications
in accordance with the changing situations.
The Office shall also undertake the
documentation of customary law and shall
establish and maintain a Research Center
that would serve as a depository of
ethnographic information for monitoring,
evaluation and policy formulation. It shall
assist the legislative branch of the national
government in the formulation of
appropriate legislation benefiting ICCs/IPs.
c. Office of Education, Culture and Health -
The Office on Culture, Education and
Health shall be responsible for the effective
implementation of the education, cultural
and related rights as provided in this Act. It
shall assist, promote and support
community schools, both formal and non-
formal, for the benefit of the local
indigenous community, especially in areas
where existing educational facilities are not
accessible to members of the indigenous
group. It shall administer all scholarship
programs and other educational rights
intended for ICC/IP beneficiaries in
coordination with the Department of
Education, Culture and Sports and the
Commission on Higher Education. It shall
undertake, within the limits of available
appropriation, a special program which
includes language and vocational training,
public health and family assistance program
and related subjects.
It shall also identify ICCs/IPs with potential
training in the health profession and
encourage and assist them to enroll in
schools of medicine, nursing, physical
therapy and other allied courses pertaining
to the health profession.
Towards this end, the NCIP shall deploy a
representative in each of the said offices
who shall personally perform the foregoing
task and who shall receive complaints from
the ICCs/IPs and compel action from
appropriate agency. It shall also monitor the
activities of the National Museum and other
similar government agencies generally
intended to manage and preserve historical
and archeological artifacts of the ICCs /IPs
and shall be responsible for the
implementation of such other functions as
the NCIP may deem appropriate and
necessary;
d. Office on Socio-Economic Services and
Special Concerns - The Office on Socio-
Economic Services and Special Concerns
shall serve as the Office through which the
NCIP shall coordinate with pertinent
government agencies specially charged
with the implementation of various basic
socio-economic services, policies, plans
and programs affecting the ICCs/IPs to
ensure that the same are properly and
directly enjoyed by them. It shall also be
responsible for such other functions as the
NCIP may deem appropriate and
necessary;
e. Office of Empowerment and Human
Rights - The Office of Empowerment and
Human Rights shall ensure that indigenous
socio- political, cultural and economic rights
are respected and recognized. It shall
ensure that capacity building mechanisms
are instituted and ICCs/IPs are afforded
every opportunity, if they so choose, to
participate in all level decision-making. It
shall likewise ensure that the basic human
rights, and such other rights as the NCIP
may determine, subject to existing laws,
rules and regulations are protected and
promoted;
f. Administrative Office - The Administrative
Office shall provide the NCIP with
economical, efficient and effective services
pertaining to personnel, finance, records,
equipment, security, supplies, and related
services. It shall also administer the
Ancestral Domains Fund; and
g. Legal Affairs Office - There shall be a
Legal Affairs Office which shall advice the
NCIP on all legal matters concerning
ICCs/IPs and which shall be responsible for
providing ICCs/IPs with legal assistance in
litigation involving community interest. It
shall conduct preliminary investigation on
the basis of complaints filed by the
ICCs/IPs against a natural or juridical
person believed to have violated ICCs/IPs
rights. On the basis of its findings, it shall
initiate the filing of appropriate legal or
administrative action to the NCIP.
Section 47. Other Offices. - The NCIP shall have the
power to create additional offices as it may deem
necessary subject to existing rules and regulations.
Section 48. Regional and Field Offices. - Existing
regional and field offices shall remain to function
under the strengthened organizational structure of the
NCIP. Other field office shall be created wherever
appropriate and the staffing pattern thereof shall be
determined by the NCIP: Provided, That in provinces
where there are ICCs/IPs but without field offices, the
NCIP shall establish field offices in said provinces.
Section 49. Office of the Executive Director. - The
NCIP shall create the Office of the Executive Director
which shall serve as its secretariat. The office shall be
headed by an Executive Director who shall be
appointed by the President of the Republic of the
Philippines upon the recommendation of the NCIP on
a permanent basis. The staffing pattern of the office
shall be determined by the NCIP subject to existing
rules and regulations.
Section 50. Consultative Body. - A body consisting
of the traditional leaders, elders and representatives
from the women and youth sectors of the different
ICCs/IPs shall be constituted by the NCIP from the
time to time to advise it on matters relating to the
problems, aspirations and interests of the ICCs/IPs.
CHAPTER VIII
DELINEATION AND RECOGNITION OF
ANCESTRAL DOMAINS
Section 51. Delineation and Recognition of
Ancestral Domains. - Self-delineation shall be
guiding principle in the identification and delineation of
ancestral domains. As such, the ICCs/IPs concerned
shall have a decisive role in all the activities pertinent
thereto. The Sworn Statement of the Elders as to the
Scope of the territories and agreements/pacts made
with neighboring ICCs/IPs, if any, will be essential to
the determination of these traditional territories. The
Government shall take the necessary steps to identify
lands which the ICCs/IPs concerned traditionally
occupy and guarantee effective protection of their
rights of ownership and possession thereto. Measures
shall be taken in appropriate cases to safeguard the
rights of the ICCs/IPs concerned to land which may
no longer be exclusively occupied by them, but to
which they have traditionally had access for their
subsistence and traditional activities, particularly of
ICCs/IPs who are still nomadic and/or shifting
cultivators.
Section 52. Delineation Process. - The identification
and delineation of ancestral domains shall be done in
accordance with the following procedures:
a. Ancestral Domains Delineated Prior to
this Act - The provisions hereunder shall
not apply to ancestral domains/lands
already delineated according to DENR
Administrative Order No. 2, series of 1993,
nor to ancestral lands and domains
delineated under any other
community/ancestral domain program prior
to the enactment of his law. ICCs/IPs
enactment of this law shall have the right to
apply for the issuance of a Certificate of
Ancestral Domain Title (CADT) over the
area without going through the process
outlined hereunder;
b. Petition for Delineation - The process of
delineating a specific perimeter may be
initiated by the NCIP with the consent of the
ICC/IP concerned, or through a Petition for
Delineation filed with the NCIP, by a
majority of the members of the ICCs/IPs;
c. Delineation Paper - The official
delineation of ancestral domain boundaries
including census of all community members
therein, shall be immediately undertaken by
the Ancestral Domains Office upon filing of
the application by the ICCs/IPs concerned.
Delineation will be done in coordination with
the community concerned and shall at all
times include genuine involvement and
participation by the members of the
communities concerned;
d. Proof required - Proof of Ancestral
Domain Claims shall include the testimony
of elders or community under oath, and
other documents directly or indirectly
attesting to the possession or occupation of
the area since time immemorial by such
ICCs/IPs in the concept of owners which
shall be any one (1) of the following
authentic documents:
1. Written accounts of the
ICCs/IPs customs and traditions;
2. Written accounts of the
ICCs/IPs political structure and
institution;
3. Pictures showing long term
occupation such as those of old
improvements, burial grounds,
sacred places and old villages;
4. Historical accounts, including
pacts and agreements
concerning boundaries entered
into by the ICCs/IPs concerned
with other ICCs/IPs;
5. Survey plans and sketch
maps;
6. Anthropological data;
7. Genealogical surveys;
8. Pictures and descriptive
histories of traditional communal
forests and hunting grounds;
9. Pictures and descriptive
histories of traditional landmarks
such as mountains, rivers,
creeks, ridges, hills, terraces and
the like; and
10. Write-ups of names and
places derived from the native
dialect of the community.
e. Preparation of Maps - On the basis of
such investigation and the findings of fact
based thereon, the Ancestral Domains
Office of the NCIP shall prepare a perimeter
map, complete with technical descriptions,
and a description of the natural features
and landmarks embraced therein;
f. Report of Investigation and Other
Documents - A complete copy of the
preliminary census and a report of
investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;
g. Notice and Publication - A copy of each
document, including a translation in the
native language of the ICCs/IPs concerned
shall be posted in a prominent place therein
for at least fifteen (15) days. A copy of the
document shall also be posted at the local,
provincial and regional offices of the NCIP,
and shall be published in a newspaper of
general circulation once a week for two (2)
consecutive weeks to allow other claimants
to file opposition thereto within fifteen (15)
days from the date of such publication:
Provided, That in areas where no such
newspaper exists, broadcasting in a radio
station will be a valid substitute: Provided,
further, That mere posting shall be deemed
sufficient if both newspaper and radio
station are not available;
h. Endorsement to NCIP - Within fifteen
(15) days from publication, and of the
inspection process, the Ancestral Domains
Office shall prepare a report to the NCIP
endorsing a favorable action upon a claim
that is deemed to have sufficient proof.
However, if the proof is deemed insufficient,
the Ancestral Domains Office shall require
the submission of additional evidence:
Provided, That the Ancestral Domains
Office shall reject any claim that is deemed
patently false or fraudulent after inspection
and verification: Provided, further, That in
case of rejection, the Ancestral Domains
Office shall give the applicant due notice,
copy furnished all concerned, containing
the grounds for denial. The denial shall be
appealable to the NCIP: Provided,
furthermore, That in cases where there are
conflicting claims, the Ancestral Domains
Office shall cause the contending parties to
meet and assist them in coming up with a
preliminary resolution of the conflict, without
prejudice to its full adjudication according to
the selection below.
i. Turnover of Areas Within Ancestral
Domains Managed by Other Government
Agencies - The Chairperson of the NCIP
shall certify that the area covered is an
ancestral domain. The secretaries of the
Department of Agrarian Reform,
Department of Environment and Natural
Resources, Department of the Interior and
Local Government, and Department of
Justice, the Commissioner of the National
Development Corporation, and any other
government agency claiming jurisdiction
over the area shall be notified thereof. Such
notification shall terminate any legal basis
for the jurisdiction previously claimed;
j. Issuance of CADT - ICCs/IPs whose
ancestral domains have been officially
delineated and determined by the NCIP
shall be issued a CADT in the name of the
community concerned, containing a list of
all those identified in the census; and
k. Registration of CADTs - The NCIP shall
register issued certificates of ancestral
domain titles and certificates of ancestral
lands titles before the Register of Deeds in
the place where the property is situated.
Section 53. Identification, Delineation and
Certification of Ancestral Lands. -
a. The allocation of lands within any
ancestral domain to individual or indigenous
corporate (family or clan) claimants shall be
left to the ICCs/IPs concerned to decide in
accordance with customs and traditions;
b. Individual and indigenous corporate
claimants of ancestral lands which are not
within ancestral domains, may have their
claims officially established by filing
applications for the identification and
delineation of their claims with the Ancestral
Domains Office. An individual or recognized
head of a family or clan may file such
application in his behalf or in behalf of his
family or clan, respectively;
c. Proofs of such claims shall accompany
the application form which shall include the
testimony under oath of elders of the
community and other documents directly or
indirectly attesting to the possession or
occupation of the areas since time
immemorial by the individual or corporate
claimants in the concept of owners which
shall be any of the authentic documents
enumerated under Sec. 52 (d) of this act,
including tax declarations and proofs of
payment of taxes;
d. The Ancestral Domains Office may
require from each ancestral claimant the
submission of such other documents,
Sworn Statements and the like, which in its
opinion, may shed light on the veracity of
the contents of the application/claim;
e. Upon receipt of the applications for
delineation and recognition of ancestral
land claims, the Ancestral Domains Office
shall cause the publication of the
application and a copy of each document
submitted including a translation in the
native language of the ICCs/IPs concerned
in a prominent place therein for at least
fifteen (15) days. A copy of the document
shall also be posted at the local, provincial,
and regional offices of the NCIP and shall
be published in a newspaper of general
circulation once a week for two (2)
consecutive weeks to allow other claimants
to file opposition thereto within fifteen (15)
days from the date of such publication:
Provided, That in areas where no such
newspaper exists, broadcasting in a radio
station will be a valid substitute: Provided,
further, That mere posting shall be deemed
sufficient if both newspapers and radio
station are not available
f. Fifteen (15) days after such publication,
the Ancestral Domains Office shall
investigate and inspect each application,
and if found to be meritorious, shall cause a
parcellary survey of the area being claimed.
The Ancestral Domains office shall reject
any claim that is deemed patently false or
fraudulent after inspection and verification.
In case of rejection, the Ancestral Domains
office shall give the applicant due notice,
copy furnished all concerned, containing
the grounds for denial. The denial shall be
appealable to the NCIP. In case of
conflicting claims among individual or
indigenous corporate claimants, the
Ancestral domains Office shall cause the
contending parties to meet and assist them
in coming up with a preliminary resolution of
the conflict, without prejudice to its full
adjudication according to Sec. 62 of this
Act. In all proceedings for the identification
or delineation of the ancestral domains as
herein provided, the Director of Lands shall
represent the interest of the Republic of the
Philippines; and
g. The Ancestral Domains Office shall
prepare and submit a report on each and
every application surveyed and delineated
to the NCIP, which shall, in turn, evaluate or
corporate (family or clan) claimant over
ancestral lands.
Section 54. Fraudulent Claims. - The Ancestral
Domains Office may, upon written request from the
ICCs/IPs, review existing claims which have been
fraudulently acquired by any person or community.
Any claim found to be fraudulently acquired by, and
issued to, any person or community may be cancelled
by the NCIP after due notice and hearing of all parties
concerned.
Section 55. Communal Rights. - Subject to Section
56 hereof, areas within the ancestral domains,
whether delineated or not, shall be presumed to be
communally held: Provide, That communal rights
under this Act shall not be construed as co-ownership
as provided in Republic Act. No. 386, otherwise
known as the New Civil Code.
Section 56. Existing Property Rights Regimes. -
Property rights within the ancestral domains already
existing and/or vested upon effectivity of this Act, shall
be recognized and respected.
Section 57. Natural Resources within Ancestral
Domains. - The ICCs/IPs shall have the priority rights
in the harvesting, extraction, development or
exploitation of any natural resources within the
ancestral domains. A non-member of the ICCs/IPs
concerned may be allowed to take part in the
development and utilization of the natural resources
for a period of not exceeding twenty-five (25) years
renewable for not more than twenty-five (25) years:
Provided, That a formal and written agreement is
entered into with the ICCs/IPs concerned or that the
community, pursuant to its own decision making
process, has agreed to allow such operation:
Provided, finally, That the all extractions shall be used
to facilitate the development and improvement of the
ancestral domains.
Section 58. Environmental Consideration. -
Ancestral domains or portion thereof, which are found
necessary for critical watersheds, mangroves wildlife
sanctuaries, wilderness, protected areas, forest cover,
or reforestation as determined by the appropriate
agencies with the full participation of the ICCs/IPs
concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs
concerned shall be given the responsibility to
maintain, develop, protect and conserve such areas
with the full and effective assistance of the
government agencies. Should the ICCs/IPs decide to
transfer the responsibility over the areas, said
decision must be made in writing. The consent of the
ICCs/IPs should be arrived at in accordance with its
customary laws without prejudice to the basic
requirement of the existing laws on free and prior
informed consent: Provided, That the transfer shall be
temporary and will ultimately revert to the ICCs/IPs in
accordance with a program for technology transfer:
Provided, further, That no ICCs/IPs shall be displaced
or relocated for the purpose enumerated under this
section without the written consent of the specific
persons authorized to give consent.
Section 59. Certification Precondition. - all
department and other governmental agencies shall
henceforth be strictly enjoined from issuing, renewing,
or granting any concession, license or lease, or
entering into any production-sharing agreement,
without prior certification from the NCIP that the area
affected does not overlap with any ancestral domain.
Such certificate shall only be issued after a field-
based investigation is conducted by the Ancestral
Domain Office of the area concerned: Provided, That
no certificate shall be issued by the NCIP without the
free and prior informed and written consent of the
ICCs/IPs concerned: Provided, further, That no
department, government agency or government-
owned or -controlled corporation may issue new
concession, license, lease, or production sharing
agreement while there is pending application CADT:
Provided, finally, That the ICCs/IPs shall have the
right to stop or suspend, in accordance with this Act,
any project that has not satisfied the requirement of
this consultation process.
Section 60. Exemption from Taxes. - All lands
certified to be ancestral domains shall be exempt from
real property taxes, specially levies, and other forms
of exaction except such portion of the ancestral
domains as are actually used for large-scale
agriculture, commercial forest plantation and
residential purposes and upon titling by other by
private person: Provided, that all exactions shall be
used to facilitate the development and improvement
of the ancestral domains.
Section 61. Temporary Requisition Powers. - Prior
to the establishment of an institutional surveying
capacity whereby it can effectively fulfill its mandate,
but in no case beyond three (3) years after its
creation, the NCIP is hereby authorized to request the
Department of Environment and Natural Resources
(DENR) survey teams as well as other equally
capable private survey teams, through a
Memorandum of Agreement (MOA), to delineate
ancestral domain perimeters. The DENR Secretary
shall accommodate any such request within one (1)
month of its issuance: Provided, That the
Memorandum of Agreement shall stipulate, among
others, a provision for technology transfer to the
NCIP.
Section 62. Resolution of Conflicts. - In cases of
conflicting interest, where there are adverse claims
within the ancestral domains as delineated in the
survey plan, and which cannot be resolved, the NCIP
shall hear and decide, after notice to the proper
parties, the disputes arising from the delineation of
such ancestral domains: Provided, That if the dispute
is between and/or among ICCs/IPs regarding the
traditional boundaries of their respective ancestral
domains, customary process shall be followed. The
NCIP shall promulgate the necessary rules and
regulations to carry out its adjudicatory functions:
Provided, further, That in any decision, order, award
or ruling of the NCIP on any ancestral domain dispute
or on any matter pertaining to the application,
implementation, enforcement and interpretation of this
Act may be brought for Petition for Review to the
Court of Appeals within fifteen (15) days from receipt
of a copy thereof.
Section 63. Applicable Laws. - Customary laws,
traditions and practices of the ICCs/IPs of the land
where the conflict arises shall be applied first with
respect to property rights, claims and ownerships,
hereditary succession and settlement of land
disputes. Any doubt or ambiguity in the application of
laws shall be resolved in favor of the ICCs/IPs.
Section 64. Remedial Measures. - Expropriation
may be resorted to in the resolution of conflicts of
interest following the principle of the "common good".
The NCIP shall take appropriate legal action for the
cancellation of officially documented titles which were
acquired illegally: Provided, That such procedure shall
ensure that the rights of possessors in good faith shall
be respected: Provided, further, That the action for
cancellation shall be initiated within two (2) years from
the effectivity of this Act: Provided, finally, That the
action for reconveyance shall be a period of ten (10)
years in accordance with existing laws.
CHAPTER IX
JURISDICTION AND PROCEDURES FOR
ENFORCEMENT OF RIGHTS
Section 65. Primary of Customary Laws and
Practices. - When disputes involve ICCs/IPs,
customary laws and practices shall be used to resolve
the dispute.
Section 66. J urisdiction of the NCIP. - The NCIP,
through its regional offices, shall have jurisdiction over
all claims and disputes involving rights of ICCs/IPs;
Provided, however, That no such dispute shall be
brought to the NCIP unless the parties have
exhausted all remedies provided under their
customary laws. For this purpose, a certification shall
be issued by the Council of Elders/Leaders who
participated in the attempt to settle the dispute that
the same has not been resolved, which certification
shall be a condition precedent to the filing of a petition
with the NCIP.
Section 67. Appeals to the Court of Appeals. -
Decisions of the NCIP shall be appealable to the
Court of Appeals by way of a petition for review.
Section 68. Execution of Decisions, Awards,
Orders. - Upon expiration of the period here provided
and no appeal is perfected by any of the contending
parties, the Hearing Officer of the NCIP, on its own
initiative or upon motion by the prevailing party, shall
issue a writ of execution requiring the sheriff or the
proper officer to execute final decisions, orders or
awards of the Regional Hearing Officer of the NCIP.
Section 69. Quasi-J udicial Powers of the NCIP. -
The NCIP shall have the power and authority:
a. To promulgate rules and regulations
governing the hearing and disposition of
cases filed before it as well as those
pertaining to its internal functions and such
rules and regulations as may be necessary
to carry out the purposes of this Act;
b. To administer oaths, summon the parties
to a controversy, issue subpoenas requiring
the attendance and testimony of witnesses
or the production of such books, papers,
contracts, records, agreements and other
document of similar nature as may be
material to a just determination of the
matter under investigation or hearing
conducted in pursuance of this Act;
c. To hold any person in contempt, directly
or indirectly, and impose appropriate
penalties therefor; and
d. To enjoin any or all acts involving or
arising from any case pending therefore it
which, if not restrained forthwith, may cause
grave or irreparable damage to any of the
parties to the case or seriously affect social
or economic activity.
Section 70. No restraining Order or Preliminary
Injunction. - No inferior court of the Philippines shall
have the jurisdiction to issue any restraining order or
writ of preliminary injunction against the NCIP or any
of its duly authorized or designated offices in any
case, dispute or controversy to, or interpretation of
this Act and other pertinent laws relating to ICCs/IPs
and ancestral domains.
CHAPTER X
ANCESTRAL DOMAINS FUND
Section 71. Ancestral Domains Fund. - There is
hereby created a special fund, to be known as the
Ancestral Domains Fund, an initial amount of the One
Hundred thirty million pesos(P130,000,000) to cover
compensation for expropriated lands, delineation and
development of ancestral domains. An amount of Fifty
million pesos (P50,000,000) shall be sourced from the
gross income of the Philippine Charity Sweepstakes
Office (PCSO) from its lotto operation, Ten millions
pesos (P10,000,000) from the gross receipts of the
travel tax of the preceding year, the fund of the Social
Reform Council intended for survey and delineation of
ancestral lands/domains, and such other source as
the government may be deem appropriate. Thereafter
such amount shall be included in the annual General
Appropriations Act. Foreign as well as local funds
which are made available for the ICCs/IPs through the
government of the Philippines shall be coursed
through the NCIP. The NCIP may also solicit and
receive donations, endowments shall be exempted
from income or gift taxes and all other taxes, charges
or fees imposed by the government or any political
subdivision or instrumentality thereof.
CHAPTER XI
PENALTIES
Section 72. Punishable Acts and Applicable
Penalties. - Any person who commits violation of any
of the provisions of this Act, such as, but not limited
to, authorized and/or unlawful intrusion upon any
ancestral lands or domains as stated in Sec. 10,
Chapter III, or shall commit any of the prohibited acts
mentioned in Sections 21 and 24, Chapter V, Section
33, Chapter VI hereof, shall be punished in
accordance with the customary laws of the ICCs/IPs
concerned: Provided, That no such penalty shall be
cruel, degrading or inhuman punishment: Provided,
further, That neither shall the death penalty or
excessive fines be imposed. This provision shall be
without prejudice to the right of any ICCs/IPs to avail
of the protection of existing laws. In which case, any
person who violates any provision of this Act shall,
upon conviction, be punished by imprisonment of not
less than nine (9) months but not more than twelve
(12) years or a fine not less than One hundred
thousand pesos (P100,000) nor more than Five
hundred thousand pesos (P500,000) or both such fine
and imprisonment upon the discretion of the court. In
addition, he shall be obliged to pay to the ICCs/IPs
concerned whatever damage may have been suffered
by the latter as a consequence of the unlawful act.
Section 73. Persons Subject to Punishment. - If
the offender is a juridical person, all officers such as,
but not limited to, its president, manager, or head of
office responsible for their unlawful act shall be
criminally liable therefor, in addition to the cancellation
of certificates of their registration and/or license:
Provided, That if the offender is a public official, the
penalty shall include perpetual disqualification to hold
public office.
CHAPTER XII
MERGER OF THE OFFICE FOR NORTHERN
CULTURAL COMMUNITIES (ONCC) AND THE
OFFICE FOR SOUTHERN CULTURAL
COMMUNITIES (OSCC)
Section 74. Merger of ONCC/OSCC. - The Office for
Northern Cultural Communities (ONCC) and the
Office of Southern Cultural Communities (OSCC),
created under Executive Order Nos. 122-B and 122-C
respectively, are hereby merged as organic offices of
the NCIP and shall continue to function under a
revitalized and strengthened structures to achieve the
objectives of the NCIP: Provided, That the positions of
Regional Directors and below, are hereby phased-out
upon the effectivity of this Act: Provided, further, That
officials and employees of the phased-out offices who
may be qualified may apply for reappointment with the
NCIP and may be given prior rights in the filing up of
the newly created positions of NCIP, subject to the
qualifications set by the Placement Committee:
Provided, furthermore, That in the case where an
indigenous person and a non-indigenous person with
similar qualifications apply for the same position,
priority shall be given to the former. Officers and
employees who are to be phased-out as a result of
the merger of their offices shall be entitled to gratuity
a rate equivalent to one and a half (1 1/2) months
salary for every year of continuous and satisfactory
service rendered or the equivalent nearest fraction
thereof favorable to them on the basis of the highest
salary received. If they are already entitled to
retirement benefits or the gratuity herein provided.
Officers and employees who may be reinstated shall
refund such retirement benefits or gratuity received:
Provided, finally That absorbed personnel must still
meet the qualifications and standards set by the Civil
Service and the Placement Committee herein
created.
Section 75. Transition Period. - The ONCC/OSCC
shall have a period of six (6) months from the
effectivity of this Act within which to wind up its affairs
and to conduct audit of its finances.
Section 76. Transfer of Assets/Properties. - All real
and personal properties which are vested in, or
belonging to, the merged offices as aforestated shall
be transferred to the NCIP without further need of
conveyance, transfer or assignment and shall be held
for the same purpose as they were held by the former
offices: Provided, That all contracts, records and
documents shall be transferred to the NCIP. All
agreements and contracts entered into by the merged
offices shall remain in full force and effect unless
otherwise terminated, modified or amended by the
NCIP.
Section 77. Placement Committee. - Subject to
rules on government reorganization, a Placement
Committee shall be created by the NCIP, in
coordination with the Civil Service Commission, which
shall assist in the judicious selection and placement of
personnel in order that the best qualified and most
deserving persons shall be appointed in the
reorganized agency. The placement Committee shall
be composed of seven (7) commissioners and an
ICCs/IPs representative from each of the first and
second level employees association in the Offices for
Northern and Southern Cultural Communities
(ONCC/OSCC), nongovernment organizations
(NGOs) who have served the community for at least
five (5) years and peoples organizations (POs) with at
least five (5) years of existence. They shall be guided
by the criteria of retention and appointment to be
prepared by the consultative body and by the
pertinent provisions of the civil service law.
CHAPTER XIII
FINAL PROVISIONS
Section 78. Special Provision. - The City of Baguio
shall remain to be governed by its Chapter and all
lands proclaimed as part of its townsite reservation
shall remain as such until otherwise reclassified by
appropriate legislation: Provided, That prior land
rights and titles recognized and/or required through
any judicial, administrative or other processes before
the effectivity of this Act shall remain valid: Provided,
further, That this provision shall not apply to any
territory which becomes part of the City of Baguio
after the effectivity of this Act.
Section 79. Appropriations. - The amount
necessary to finance the initial implementation of this
Act shall be charged against the current year's
appropriation of the ONCC and the OSCC.
Thereafter, such sums as may be necessary for its
continued implementation shall be included in the
annual General Appropriations Act.
Section 80. Implementing Rules and Regulations.
- Within sixty (60) days immediately after
appointment, the NCIP shall issue the necessary
rules and regulations, in consultation with the
Committees on National Cultural Communities of the
House of Representatives and the Senate, for the
effective implementation of this Act.
Section 81. Saving Clause. - This Act will not in any
manner adversely affect the rights and benefits of the
ICCs/IPs under other conventions, recommendations,
international treaties, national laws, awards, customs
and agreements.
Section 82. Separability Clause. - In case any
provision of this Act or any portion thereof is declared
unconstitutional by a competent court, other
provisions shall not be affected thereby.
Section 83. Repealing Clause. - Presidential Decree
NO. 410, Executive Order Nos. 122-B and 122-C, and
all other laws, decrees, orders, rules and regulations
or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.
Section 84. Effectivity. - This Act shall take effect
fifteen days (15) days upon its publication in the
Official Gazette or in any two (2) newspapers of
general circulation.
Approved: 29 October 1997.