Laws Governing Indigenous People

In current times Indigenous People are given ways to fight back the massive

advancements in society through enactments of laws, statutes, and jurisprudence that

favours their way of life. One of the most comprehensive laws that governs the Indigenous

People in the country is “The Indigenous Peoples Rights Act of 1997” or otherwise known as

Republic Act 8371 (RA 8371).

(https://www.lawphil.net/statutes/repacts/ra1997/ra_8371_1997.html).

In this act of legislation the Indigenous People are given rights that pertain to the land

that they live and conduct their practices and customs on, they are given titles of ownership

for the lands that they dwell in, the practices and customs of their respective

tribes/communities are recognized, they are given the rights to use the resources available

in their respective places of abode, the tribes/communities are given the protection from

unlawful intrusion, right to self-governance and empowerment, and freedom from

discrimination. Lastly, the Indigenous Peoples Rights Act of 1997 provides for a myriad of

ways to cater to the Indigenous People by providing for them the rights and protection from

the rest of human society that they so badly need.

Through this comprehensive act of legislation, it covers the rights of the Indigenous

People from being recognized by the government to being protected from unlawful

intrusion, for the most part it seeks to address the issues faced by the Indigenous People and

provides for remedies.

First, let us discuss the pertinent provisions of this said act that recognize the rights

that they have on the very soil that they live in:

Section 6 of RA 8371 specifically provides for the composition of the lands that they

reside in: “Ancestral lands and domains shall consist of all areas generally belonging to

ICCs/IPs as referred under Sec. 3, items (a) and (b):

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 and;

(b) 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.

By recognizing the ancestral lands and domain congruently Section 3 (c) and (d)

provides for the certificates that give ownership or Property rights to the Indigenous People:

(c) 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) Refers to a title formally recognizing the rights of ICCs/IPs over their

ancestral lands.
 Second, the state recognizes the Indigenous People and defines them through this act

in Sec. 3(h) they are defined as:

“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”

Third, seeing as Indigenous People are recognized by the government and society

they must be given rights for protection, freedom from discrimination and from unlawful

intrusion. The pertinent provisions of this act are Sec. 29, 23, and 10 respectively:

Sec. 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;

Sec. 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.

Sec. 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.

Through the aforementioned provisions of this act it is apparent that the state

recognizes and seeks to protect and preserve the Indigenous Communities and their lands.

Fourth, the Indigenous People are given rights to conduct themselves and create their

own governmental bodies that have autonomous rule over the members of their respective

tribes and/or communities as stated in Chapter IV Sections 13-17:

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. Justice 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.

Fifth and lastly, the state does not however exempt the members of the Indigenous

People from incurring criminal liability regardless of the rights to self-governance, self-

development, and the ability to have their own justice system as previously stated above. In

the case of Ha Datu Tawahig a.k.a Roderick D. Sumatra vs. Cebu City Prosecutors the Supreme

Court stated that civilian courts still have jurisdiction over Indigenous People who are

charged with criminal offenses (http://sc.judiciary.gov.ph/4124/).

In a 19-page ruling penned by Associate Justice Marvic Leonen said: “Section 65 is

qualified by Section 15. With respect to dispensing justice, resolving conflicts, and peace-

building, the application of customary laws and practices is permissible only to the extent that

it is in harmony with the national legal system. A set of customary laws and practices is effective

only within the confines of the specific indigenous cultural community that adopted and

adheres to it,” the Court said.

He added, “Nowhere in the Indigenous Peoples' Rights Act does it state that courts of

law are to abandon jurisdiction over criminal proceedings in favor of mechanisms applying
customary laws."(https://www.rappler.com/nation/235164-supreme-court-says-civilian-

courts-have-jurisdiction-indigenous-peoples).

In summary, the Indigenous People’s Rights Act of 1997 provides them with a myriad

of rights and mechanisms to protect themselves from the ever changing society that alienates

and contradicts their very existence. It acts as a safeguard of the Indigenous People since the

state views them as a way of looking into the past and appreciating our rich culture as a

nation. The act provides them with ways to assert their claims on their identity, ancestral

lands, domains, their practices, and traditions. However, the state does not have reckless

abandon as to give them freedom to do whatever they please in society without fear from

the repercussion and/or damages that their actions incur. They are liable for the actions that

they make but in as much as they are catered to, they are governed by laws like the rest of us

in society.
 References:

The Indigenous People’s Rights Act of 1997 or Republic Act 8731

Retrieved from (https://www.lawphil.net/statutes/repacts/ra1997/ra_8371_1997.html).

Ha Datu Tawahig a.k.a Roderick D. Sumatra vs. Cebu City Prosecutors

Retrieved from (http://sc.judiciary.gov.ph/4124/).

Associate Justice Marvic Leonen’s Opinion on the Criminal Liability of the Indigenous

People

Retrieved from (https://www.rappler.com/nation/235164-supreme-court-says-

civilian-courts-have-jurisdiction-indigenous-peoples).