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Republic of the Philippines

OFFICE OF THE PRESIDENT
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
2nd Floor N. dela Merced Bldg., Corner West & Quezon Aves., Quezon City
Tel. Nos.373-9787 Trunk Line 575-12-00
Website: www.ncip.oov.ph

ON THE AIVIENDMBNTS / RBVISION TO THE rg87

CONSTITUTION AND SHIIIT FROM UNITARY TO
FBDERAL FORM OF GOVBRNMBNT

It
was a series of centuries-Iong and bloody struggles that get the
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to
where they are now today. AIYY CHANGE OR REVISION TO THE
CONSTITUTION, THEREFORE, SHALL NE\rER BE ALLOWED
TO PUSH THE ICCs/IPs BACK TO THE TIME OF
COLONITATTON. THE FUNDAMENTAL I-AW MUST RETAIN
AND FURTHER STRENGTHEN THE RIGHTS IT ALREADY
CONFERRED TO THE ICCs/IPs.

This is the sentiment or position expressed by thousands of leaders

and elders representing the ICCs/IPs in the series of conferences
conducted in the Luzon, Visayas and Mindanao clusters. They favor a
change in the system of government to federalism which will inevitably
require the amendment or revision of the tg87 Constitution provided that
their aspirations as people for the recognition, protection and promotion
of their rights shall remain part of the state policy and shall be enshrined
in the amended or revised Constitution.

NCIP supports this position bearing in mind their experiences in the

last four centuries. ICCs/IPs in the Philippines were self-sufficient and
self-governed communities. They had their indigenous belief system,
indigenous political structures,l healing system, indigenous economy,
environment management system, language and arts. And this was the
way of life for IPs for hundreds of thousands of years until the dawn of
colonization.
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l lndigenous Political Structures
- refer to organizational and cultural leadership systems, institutions.
relationships, patterns and processes for decision-making and participation, identified by lCCs/lPs such as, but not
limited to, Council of E lders, Council of Timuays, Bodong Holders, or any other tribunal or,body of similar nature
(Section 3 (i), RA 8371)

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 Colonization pushed the ICCs/IPs to the edge of their domains, the
last remaining portion of their territories. Others resisted the colonizers
and asserted ownership over their lands. Still others stayed untouched and
remained isolated from the rest of the archipelago. For 3S3 years, all lands
of the Philippines were considered owned by the King of Spain under the
doctrine of Jura Regalia (Regalian Doctrine). Nothing changed under
American occupation as the same doctrine was applied.

The treatment of the IPs in the past by the Spanish government, by

the American authorities and by the Republic of the Philippines ran from
one ofpceifteation to assirnilationto integro,tion Their culture was
treated as very inferior or, worse, considered uncivilized. Colonizers
repressed all expressions of IP cultures - their form of government,
spirituality, economy, environment management, literafure and arts - and
forced them to submit to their domination. Despite the repression, IP
cultures persist to exist even to this very day.

In 1987, the Philippine government took a very historic move. Under

its new Constitution, the State finally recognized "the rights of indigenous
cultural communities within the framework of national unity and
development."' From pacification, to assimilation, to integration and,
finally, recognition.

In accordance to the tg87 Constitution, the Congress enacted into

law the Indigenous Peoples Rights Act or IPRA (RA 8SZr) which was
signed by the President on October 29, LggT.It took effect on November
2g,rgg7. The lawwas also meant to correct gravehistorical injustice to the
indigenous peoples of the Philippines. Many of its provisions are similar to
the ILO Convention on Indigenous and Tribal Peoples, 1989 IILO 169] and
the United Nations Declaration on the Rights of the Indigenous Peoples
(LINDRIP). Under IPRA law, four bundles of rights were granted to the
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ICCs/IPs Rights to Ancestral Domains, Rights to Self-Governance and
Empowerment, Rights to Social Justice and Human Rights and Rights to

This part of the fundamental law states the very first principles upon
which the State is founded. Section 22 of Article II of the present

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Co n st itu tio n
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Constitution has explicitly recognized the rights of the indigenous cultural
communities. Thus, the provision should be enhanced in the new
Constitution to state:
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The State reeognizes, prornotes and proteets the rights of the
indigenous eulturol comtnunities / indigenous peoples to their
antcestral dornorins o:nd. lo:nds; eeonomic o:nd political self-
gouerlnantce oind. etnpowerrnent; social justice o:nd human rights;
crnd cultur al int e g rity within the fr ann ew ork of nation al unitg ond
deueloprnettt."

There is an estimated 17 million IPs belonging to 206 ethno-

linguistic groups found in different parts of the country. Most of them live
in their own territories or ancestral domains. The ancestral domains refer
to all areas belonging to IPs held under a claim of ownership occupied or
possessed by the ICCs/IPs, by themselves or through their ancestors,
communally or individually since time immemorial.

The ancestral dornains are necessaryto ensure their economic, social

and cultural welfare. It shall include:

(t) ancestral lands,

(z) forests,
(S) pasture lands,
(+) residential lands,
(S) agricultural lands and other lands,
(6) hunting grounds,
0) burial grounds,
(B) worship areas,
(g) bodies of water,
(ro) mineral and other natural resources, and
(tt) lands which may no longer be exclusively occupied by
but from which they traditionally had access for
IPs
their subsistence and traditional activities
particularly the home ranges of IPs who are still
nomadic and/or shifting cultivators. (Sec. B (a),
IPRA)

The ancestral domains are communally owned, private in nature but

they are beyond the commerce of men. They cannot be sold or mortgaged.
The NCIP has titled more than 5 million hectares of land and around 5
million hectares are either on process or identified as ancestral domains.

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 The follo*ing map shows where the ancestral domains of IPs are
found (as of December zorT):

LEGEND:
Igr On-Process CADTprocessed
Petitions
ldentified ADs not
Ill Approved CADT Petitions a
Provincial Boundaries
(Not Authoritative)

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IDENTITY AS *INDIGENOUS PEOPLESN, NOT NATIANAL

n{INORITIES
In referring to the indigenous peoples, the NCIP supports the
position of the ICCs/IPs that the Constitution must retain employing the
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term "indigenous cultural communities / indigenous peoples" and should
not backslide to the long abandoned term "national minorities".

Indigenous Peoples are distinct from National Minorities because of

collective experience on: (t) historical continuity (pre-
(z) territorial connection (their
conquest/colonization societies);
ancestors inhabited the country or region at the time of
conquestf colonization/creation of the state); and (S) distinct social,
economic, cultural and political institutions (theyretain some or all of their
own institutions).

INDIGENOUS PEOPLES' RIGIIT TO SUFFRAGE

The Constitution should afford the IP voters more than ordinary

attention (like overseas Filipino workers, persons with disabilities and
illiterates explicitly mentioned under the fundamental laws) that will
address their decades-long disenfranchisement, a violation to their right
to suffrage (right to vote and to be voted) under the fundamental law and
non-compliance to Article 21,a 6f 11re United Nations Universal Declaration
of Human Rights on political participation. Members of the ICCs/IPs are
perennially disenfranchised. Among the root causes of their involuntary
disenfranchisement ranges from the inaccessibility of the registration and
voting facilities to lack of identification documents, illiteracy, and lack of
information to discrimination,.
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Sf CttON 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a
system for absentee voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of
other persons. Untilthen, they shall be allowed to vote under existing laws and such rules as the Commission on
Elections may promulgate to protect the secrecy of the ballot. (Section 2, Article V, 1987 Constitution)

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Article 21, UN Universal Declaration of Human Rights states:
Article 21 (1) Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of governmen! this will shall be expressed in periodic
and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.

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To ensure ICC/IP political participation, the poll body shall:
(1) Keep a disaggregated data of ICC/IP voters in its database;
(2) Devise a mechanism in situation where ICC/IP registrants cannot present identification documents
such as use of appropriate Affidavit of ldentification executed by a registered voter in his/her precinct or any of his
relatives within the fourth civil degree of consanguinity or affinity;
(3) Design a mechanism whereby lCCs/lPs can registertheir indigenous names (e.g. mononymic names)
as allowed by PSA (formerly NSO) Administrative Order No. 3, Series of 2A04 or the "Rules and Regulations
Regi stration of Acts and Events Con ing Civil Status of lndigenous Peoples";
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 In furtherance to this, the new Constitution shall direct the
Commission on Elections to devise a mechanism that will broaden the
franchise bygiving qualified ICCs/IPs full access to registration andvoting
facilities and other services of the poll body such as voters education
including but notlimited to the conduct of massive registration, voting and
voters education right inside their ancestral domains. NCIP proposes the
following improvement to Section z, Article V of the present Constitution:
The Congress shall provide a system for securing the secrecy and
sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad.
The Congress shall also design a procedure for persons with
disabilities and the illiterates to vote without the assistance of other
persons and devise a mechanism that will firlly enfranchise
rnernbers of indigenous cultural communities or indigenous
peoples. Until then, they shall be allowed to vote under existing
laws and such rules as the Comrnission on Elections may
promulgate to protect the seerecy of the ballot.

(4) Address the issue on the lack of birth dates of lCCs/lPs;

(5) Provide assistance to lCCs/lPs who cannot by himself or herself accomplish an application for
registration or accomplish a ballot by reason of illiteracy or physical disability taking into consideration the secrecy
ofthe ballot in case ofvoting;
(6) lntegrate in its programs the conduct of satellite and/or special registration targeting lCCs/lPs in their
a ncestra I do ma ins or places of their res id ence especially in the geogra phica lly isolated a reas. For this purpose, the

Commission shall include a line item in its annual budget specifically earmarked for the satellite/special
registrations of lCCs/lPs to cover transportation, food allowances and other incidental expenses;
(7) Establish ICC/lP precincts in geographically isolated areas to be carved out from the territory of mother
precincts. Pursuant thereto, all voters who are residents therein shall be registered, or if already registered,
transferred in the ICC/IP precincts. Other registered voters shall remain in the mother precincts;
(8) Establish ICC/IP voting centers to which the lCCl lP precincts shall be assigned. The ICC/IP voting
centers must be located in centers/places of convergence within the ancestral domains or, if the lCCs/lPs reside
outside any ancestral domain, nearthe places of their residence but not more than three (3) kilometers from lPs
residence and accessible by land. The Chairmen and the Members Board of Election lnspectors /Tellers in ICC/IP
Precincts must all be members of lCCs or lPs themselves. ln cases where there are not enough qualified lPs, at least
one (1) lP shall be a member of the BEI/BET;
(9) Design, in coordination with the Commission on lndigenous Peoples (NCIP), Komisyon sa Wikang
Filipino (KWF), National Commission for Culture and the Arts (NCCA) and Civil Society Organizations (CSOs), a
localized culture and language-sensitivity training modules to be integrated in the trainings to persons performing
electoral duties, including the Commission field officers, members of the BEls/BETs, support staff, members of
accredited citizens' arms, members of PNP/AFP who shall render election duty on election day and other election
workers. The trainings must be conducted to election workers assigned to ICC/IP polling places at least twice before
the conduct of any regular or special barangay, distrlct/local, national and presidential elections;
(10) Ensure, in consultation with NCIP, KWF, NCCAand CSOs,that information materials relatingtothe
electoral processes are culture-sensitive and translated to the languages of the lCCs/lPs. The Commission shall also
build and finish within a five (5) year period from the effectivlty of this act a multi-language website to cater to the
lCCs/lPs using English as primary language; and
(11) Create an lP/ICC Unit in the Election and Barangay Affairs Department of the Commission to ensure
the implementation of the above-stated mandate
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RESERVED SEATS FOR ICCS/IPs IN TIIE LEGISLATURES OF
TIIE FEDERAL GOVERNMENTAJVD STATE/ AUTONOMOUS
REGION / SPECIAL ADMINISTRATIVEREGIONS; AND
MANDATO RY ICC/ D RE PRESENTATIVE S IN OTII E R P O LI CY-
MAKING BODIES

The party-list system of representation has not fully addressed the

need for substantial representation of ICCs/IPs in Congress. The
Constitution should therefore provide for adequate number of reserved
seats for ICCs/IPs in the law-making body of the Federal Government and
in the legislature of the states, autonomous regions or special
administrative regions and to be chosen either in freely conducted
elections or through the selection process using indigenous mechanisms.

The ICCs/IPs must, likewise, have mandatory representatives in

other policy-making bodies including but not limited to the local legislative
councils. The Commission proposes a new provision, to wit:

At least ten percent of the seats in the federal legislature and

legislative bodies of states with predominantly indigenous
population shall be reserved to rnembers of the indigenous
cultural communities. Representatives of indigenous
communities must be domiciled in their ancestral domains.
Ttre State shall, likewise, ensure that indigenous cultural
communities shall be given mandatory representation in policy-
making bodies and other local legislative councils.

CREATION OF TIIE COMMISSION ON INDIGENOUS

PEOPLES
The NCIP proposes for the creation of a Federal Commission on
Indigenous Peoples as one of the Constitutional Commissions given the
importance of the office to the estimated rZ million IPs in different parts
of the country. Said federal commission shall have counterpart
independent IP Commissions in the states /autonomous regions I special
administrative regions.

Hence, the following provisions are proposed to be included in the

new Constitution: (

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 CONSTITUTIONAL COMMISSIONS OF THE FEDERAL
GOVERNMENT

A. COMMON PROVISIONS
Section r. The Constitutional Commissions, which shall be
independent are the Civil Service Cornrnission, the Cornrnission on
Elections, the Commission on Audit and the Commission on
Indigenous Peoples.
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E. THE COMMISSION ON INDIGENOUS PEOPLES

Section r. The independent Commission on Indigenous Peoples

is hereby created and shall be composed of sev en (Z) Commi ssioners
belonging to ICCs/IPs, one (r) of whom shall 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 (il Commissioners shall he
appointed specifically f,rom each of the following ethnographic
areas: Region I and the Cordillerasl Region tI; Region III and Rest
of Luzon; Island Groups including Mindoro, Palawan, Romblon,
Panay and the Rest of the Visayas; Northern and Western
Mindanaol Southern and Eastern Mindanao; and Central
Mindanao: Provided, that at least two (z) of the seven (Z)
Commissioners shall be women.

Section 2. The Chairperson and the six Commissioners must be

natural-born Filipino citizens, bona fide members of the ICCs/IPs
as certified by hisflrer tribe, experienced in ethnic affairs and who
have worked for at least ten (ro) years with an ICC/IP eommuni\r
and/or any government agency involved in ICC/P community, at
least thirty-five BS years of age at the time of the appointrnent, and
must be of proven honest5r and integrity: Provided, That at least two
(z) of the seven Commissioners shall be members of the Philippine
Bar: Provided, further, that the Commissioners shall hold offrce for
a period of seven (7) years without reappointment. Provided,
furthermore, that the rnanner of appointment of Cornrnissioners
follow a rotational scheme such that the Commissioners do not
retire at the same time. Appointment to any vacancy shall only be
for the unerrpired term of the predeeessor and in no case shall a
rnember be appointed or designated in a temporary or acting
capacity.

Section 3. The Commission on fndigenous Peoples shall be the

primary government agency responsible for the formulation and
irnplementation of policies, plans and programs to prornote and
protectthe rights andwell-being of the ICCs/IPs, with due regardto
their beliefs , customs, traditions and institutions, and the
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 recognition of their ancestral domains as well as their rights
thereto.
Section 4. The Cornmission of fndigenous Peoples shall have
the followi ng powers, juris diction and function :
a) To serve as the primary government institution through which
ICCs/IPs can seeks government assistance and be the medium
through which such assistance rnay be extended;
b) To review and assess the conditions of the ICCs/IPs including
existing laws and policies pertinent ttrereto and to propose
relevant laws and policies to address their role in national
development;
c) To formulate and implement policies, rules and regulations,
plans, protrarns and projects for the economic, social and
cultural development of the ICCs/IPs and to monitor the
irnplementationl
d) To issue certificate of ancestral land/ domain title;
e) To have original and exclusive jurisdiction over all disputes
affecting the rights of Indigenous Peoples and ancestral dornains
andlands.
f) To coordinate development programs and projects for the
advancement of the ICCs/IPs and to oversee the proper
implementation thereof;
g) to advise the President of the Philippines on all matters relating
to the ICCs/IPs and submit within sixty (6o) days after the close
of each calendaryear, a report its operations and achievementsl
h) To issue appropriate certification as a pre-condition to the grant
of permit, Iease, grant, or any other similar authority for the
disposition, utilization, 6alsgernent and appropriation by any
private individual, corporate entity or any government agenry,
corporation or subdivision thereof on any part or portion of the
ancestral domain taking into consideration the consensus
approval of the ICCs/IPs concerned; and
i) To represent the Philippine ICCs/IPs in all international
conferences and conventions dealing with indigenous peoples
and other related concerns.

IP STATES /AUTONOMOUSREGIONS / SPECTAL

AD M I NI STRATIVB R,EGIO.IV,S

F'ederalism aims to diffuse the powers that are concentrated in the

Central Government to the different autonomous regions or states to be
created.6 To achieve more meaningful economic and political self-
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With po*"rt concentrated in the national/central government, resources within the ancestral domains are still subjectto
national laws which leaves no adequate room for the indigenous peoples to determine the extent of the exploitation of the
natural resources within their lands. Worse, the exploitation of the natural resources hardly benefits the peoples who are

'i'1"rffi lands- Ancestral d s are host to big mining operations, renewable energy qrojects such as

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determination, the ICCs/IPs welcome the creation of independent
indigenous people's (IP) states or IP autonomous regions or IP
special administrative regions (SARs).

At the heart of the creation of IP states/autonomous regions/SARs,

is the ability of the ICCs/IPs to self-governance. In said states/regions, the
right of the ICCs/IPs to self- governance, employrng, as far as practicable,
their indigenous political structure shall be given the primordial
importance. Likewise, these IP states/regions must be given the powers
that enable them to develop their ancestral domains in accordance to IP
models of development, realize the other rights to their ancestral domains,
keep them economically and financially sustainable and will enable them
to realize their right to cultural integrity and social justice and human
rights. More importantly, the ancestral domain shall not, in any way, be
fragmented by political subdivisions.

Political leaders in indigenous peoples'territories must be, as far as

possible, indigenous persons themselves who carries with them the only
ideology the indigenous peoples know: to live in peace as community
where primacy of customary laws are stricfly observed. Indigenous leaders
shall lead the indigenous cornmunities in the indigenous way i.e. culture-
sensitive and with due regard to ICCs/IPs'beliefs, customs and traditions.

These IP states/autonomous regions shall be vested with the

legislative powers within its territorid jurisdiction (subject to the
provisions of the Constitution and national laws) over the following: (r)
Administrative organization; (z) Creation of sources of revenues; (S)
Ancestral domain and natural resources; (+) Personal, family, and
property relations; (S) Regional urban and rural planning development;
(6) Economic, social, and tourism development; (Z) Educational policies;
(8) Preservation and development of the cultural heritage; and (g) Such
other matters as may be authorized by law for the promotion of the general
welfare of the people of the region. The preservation of peace and order
within the regions shall be the responsibility of the local police but the

hydro-powerandwind-powerandotheractivitiesexploitingthenatural resources. Taxesarepaidinplacesotherthanwhere

the source of income is generated. Hence, the host community does not derive substantial benefit from said taxation nor from
said operations like in the case of power generation where the host community does not enjoy the benefit of electrification.
While lPs gain from royalties, this share is not substantial to uplift the Iives of poor lCCs/lPs,

Government services are, likewise, hardly felt- Poor health conditions due to lack of health services and facilities in
the indigenous communities, lack of adequate housing and proper nutrition are the problems, Due to these deplorable
conditrons and utter discontent, not a few lPs are enticed by rebel groups. According to the Armed Forces of the Philippines,
75% of the People's Army are members of the indigenous cultural communities.

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defense and security of the regions shall be the responsibility of the
National Government.

We propose the following new provision in the new Constitution:

"There is hereby created the three indigenous peoples (IP) states

or autonomous regions namely: the (r) IP state/autonomous region
of Luzon, (z) IP state /autonomous region of theVisayas and (g) the
IP state/autonomous region of Mindanao that is conceptualized
and operationalized by the indigenous peoples themselves and shall
consist of the provinces, cities, municipalities, ancestral domains
and geographical areas sharing cornrnon and distinctive historical
and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of this Constitution
and the national sovereignt5r as well as territorial integrity of the
Republic of the Philippines. Such states shall be vested with the
legislative powers within its territorial jurisdiction subject to the
provisions of the Constitution and national laws over the following:
(r) Administrative organizationl (z) Creation of sources of
revenues; (g) Ancestral domain and natural resources; (+)
Personal, family, and property relations; (S) Regional urban and
rural planning developrnent; (6) Economic, social, and tourism
developrnentl 0) Educational policies; (S) Preservation and
development of the cultural heritage; and (g) Such othermatters as
rnay be authorized by law for the promotion of the general welfare
of the people of the region. The preservation of peace and order
within the regions shall be the responsibility of the local police but
the defense and security of the regions shall be the responsibility of
the National Govemment.

Pending the enactment of the appropriate laws where the details

of the state/autonomous region are embodied, the incumbent
governors/chief executives shall comprise the Executive Board for
each state /autonomous region and one of whorn shall be elected
Chairrnan by the board. The Executive Board shall be the governing
body of the state/autonomous region.
For provinces, cities, municipalities, ancestral domains,
geographieal areas and Bangsarnoro area with predorninant
infigenous population not included in the aforesaid the federal
legislature shall, upon petition of ttre peoples concerned, enact the
creation of such states/autonomous regions.

NATI O NAL ECONOMY AND PATRI MOIW

The provision under the present Constitution stating that " [T]he
subject to the provisions of this Constitution and national
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development policies and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to ensure their economic,
social, and cultural well-being"z and that "[T]he Congress may provide for
the applicability of customary laws governing property rights or relations
in determining the ownership and extent of ancestral domain" should be
enhanced.

As to ancestral domain/lands, the Constitution shall state, in clear

and certain terms, that they are ICCs/IPs'private but community property
which belongs to all generations and therefore cannot be sold, disposed of
or destroyed. Ancestral domains shall serve as the material bases for their
cultural integrity. (Section 5, Chapter 3, RA SSZI).
The provision should now read as follows:

The State, subject to the provisions of this Constitution and

national development policies and programs, shall protect tJ:e rights
of indigenous cultural communities to their ancestral domains and
lands and all resources found therein to ensure their economic,
social, and cultural well-being, and shall respect and observe the
primacy of customary laws in ancestral domains/indigenous
communities. their right to free and prior informed consent and
their exercise of prioritv ridrt.
Ancestral domains are private but community property which
belong to all generations and, cannot be sold, disposed of and/or
destroyed.

AGRARIAN REFORM TO EXCLUDE ANCESTRAL DOMAINS

The Commission fully supports the position of the ICCs/IPs that the
ancestral domains/lands shall be excluded from the coverage of any
agrarian reform program as these are private but communally own lands
that the State cannot freely dispose of. Consequently, the Government is
barred from entering into any agreement that will place the ancestral
domains under the coverage of agrarian reform or any other agreement
that will parcel out the ancestral domains into smaller portions of land and
takes the ownership of the ancestral domains away from the ICCs/IPs.

Article XIII, Sections 4 and 6 of the present Constitution shall be

enhanced to read as:

7 Section 5, Article Xll, 1987 Constitution

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 o'Section
4. The State shall, bylaw, undertake an agrarian reform
program founded on the right of farmers and regular farmworkers,
who are landless, to own directly or collectively the lands they till
or, in ttre case of other farmworkers, to receive a just share of the
fruits thereof. To this end, the State shall encourage and undertake
the just distribution of all agricultural lands, exeept ancestral
domains and lands of the indigenous peoples and subject to such
priorities and reasonable retention limits as the Congress rnay
prescribe, taking into aceount ecological, developmental, or equity
considerations, and subject to the payment of just compensation.
In determining retention limits, the State shall respect the right of
srnall landowners. Ttre State shall further provide incentives for
voluntary land-sharing.
ro(x :oo( xxx
"Section 6. The state shall applythe principles of agrarian reforrn
or stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including
lands of the public domain under lease or concession suitable to
agriculture, subject to prior riglrts, homestead rights of small
settlers, and the rights of the indigenous cultural communities to
their ancestral domain and lands."

,ART,SA]VD CULTURE

The provision under Sectior 17, Article XIV of the Lg87 Constitution
which states "[T]he State shall recognize, respect and protect the rights of
indigenous cultural communities to presenre and develop their cultures,
traditions, and institutions shall be maintained. It shall consider these
rights in the formulation of national plans and policies" shall be enhanced
in the new fundamental law. The following provision is proposed:
The State shall recognize, respect and protect the rights of
indigenous cultural communities / indigenous peoples to preserve
and develop their cultures, traditions, and institutions. It shall
consider these rights in the forrnulation of national plans and
policies. Congress shall enact a law that shall protect and recognize
the indieenous cultural communities / indigenous peoples'
community intellectual rights which are sui generis and
imprescriptible.
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 PARTICIPATION OF ICCs/IPs IN THE CONSTITWIONAL
DISCOURSB

In the process of revising the Constitution, the indigenous peoples

throughout the country specificallythose residing in the ancestral domains
must be afforded the platform to air out their opinions and sentiments
concerning issues affecting them. Their voice should be seriously
considered by members of the body that will revise the fundamental law.

19 March zot8, Province, Philippines

o M. NAVARRO
ner

CYC. UIT
Commiss

DOMINADOR ERA C.
Commissioner

LEON

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