IPRA Law and Primer (RA 8371)

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Republic Act No. 8371 October 29, 1997

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUSCULTURAL 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 Congressassembled: :

CHAPTER I GENERAL PROVISIONS

Section 1. Short Ti t le . - This Act shall be known as " The Indigenous Peoples Rights A ct 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 enumeratedwithin 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 customarylaws 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 anddevelop their cultures, traditions and institutions. It shall consider these rights in theformulation of national laws and policies;

d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equallyenjoy 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 protecttheir 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 nationallaws 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 moreresponsive to the needs and desires of these communities.

Towards these ends, the State shall institute and establish the necessary mechanisms toenforce 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. Defini t ion 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 toICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, heldunder a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the presentexcept when interrupted by war, force majeure or displacement by force, deceit, stealth or asa consequence of government projects or any other voluntary dealings entered into bygovernment 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 disposableor otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral andother natural resources, and lands which may no longer be exclusively occupied by ICCs/IPsbut 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 andutilized by individuals, families and clans who are members of the ICCs/IPs since timeimmemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,continuously, to the present except when interruptedby 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 privateindividuals/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 delineatedin 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 thewhole community within a defined territory

f) Customary Laws - refer to a body of written and/or unwritten rules, usages, customs andpractices traditionally and continually recognized, accepted and observed by respectiveICCs/IPs;

g) Free and Prior Informed Consent - as used in this Act shall mean the consensus of allmembers of the ICCs/IPs to; be determined in accordance with their respective customarylaws and practices, free from any external manipulation, interference and coercion, andobtained after fully disclosing the intent and scope of the activity, in a language an processunderstandable 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 havecontinuously 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 topolitical, social and cultural inroads of colonization, non-indigenous religions and culture,became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewiseinclude peoples who are regarded as indigenous on account of their descent from thepopulations which inhabited the country, at the time of conquest or colonization, or at thetime 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 politicalinstitutions, but who may have been displaced from their traditional domains or who mayhave 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 toindividuals, 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 primarygovernment agency responsible for the formulation and implementation of policies, plans andprograms 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 asmemory reaches, have been held under a claim of private ownership by ICCs/IPs, havenever been public lands and are thus indisputably presumed to have been held that waysince before the Spanish Conquest;

m) Nongovernment Organization - refers to a private, nonprofit voluntary organization thathas been organized primarily for the delivery of various services to the ICCs/IPs and has anestablished 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 sustainablyuse,manage, protect and conserve a) land, air, water, and minerals; b) plants, animals andother organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenousknowledge, beliefs, systems and practices; and

p) Time Immemorial - refers to a period of time when as far back as memory can go, certainICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized adefined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.

CHAPTER IIIRIGHTS TO ANCESTRAL DOMAINS



Section 4. Concept of Anc estra l Lands/Domains . - Ancestral lands/domains shall includesuch concepts of territories which cover not only the physical environment but the totalenvironment 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 sustainsthe view that ancestral domains and all resources found therein shall serve as the materialbases of their cultural integrity. The indigenous concept of ownership generally holds thatancestral domains are the ICC's/IP's private but community property which belongs to allgenerations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainabletraditional resource rights.

Section 6. Compo si t ion of Ancestra l Lands/Domains . - Ancestral lands and domains shallconsist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b)of this Act.

Section 7. Rights to Ancestra l 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 traditionallyand 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 todevelop, control and use lands and territories traditionally occupied, owned, or used; tomanage and conserve natural resources within the territories and uphold the responsibilitiesfor future generations; to benefit and share the profits from allocation and utilization of thenatural resources found therein; the right to negotiate the terms and conditions for theexploration 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 andimplementation of any project, government or private, that will affect or impact upon theancestral domains and to receive just and fair compensation for any damages which theysustain as a result of the project; and the right to effective measures by the government toprevent 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 removedtherefrom. 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 necessaryas 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 beguaranteed 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 landsof 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 relocatedshall likewise be fully compensated for any resulting loss or injury;

d. Right in Case of Displacement . - In case displacement occurs as a result of naturalcatastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areaswhere 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 andsafety of such lands shall be determined: Provided, further, That should their ancestraldomain 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 beenresettled: Provided, furthermore, That basic services and livelihood shall be provided to themto ensure that their needs are adequately addressed:

e. Right to Regulate Entry of Migrants . - Right to regulate the entry of migrant settlers andorganizations into the domains;

f. Right to Safe and Clean Air and Water . - For this purpose, the ICCs/IPs shall have accessto 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 domainswhich 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 besubmitted to amicable settlement and to the Courts of Justice whenever necessary.

Section 8. Rights to Ancestra l Lands . - The right of ownership and possession of theICCs/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 andtraditions of the community concerned.

b. Right to Redemption . - In cases where it is shown that the transfer of land/property rightsby 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 considerationor price, the transferor ICC/IP shall have the right to redeem the same within a period notexceeding fifteen (15) years from the date of transfer.

Section 9. Responsibi l i t ies of ICCs/IPs to their Anc estra l Domains . - ICCs/IPs occupying aduly certified ancestral domain shall have the following responsibilities:

a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in theancestral domain by protecting the flora and fauna, watershed areas, and other reserves;

b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestationof 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 andregulations for its effective implementation.

Section 10. Unauthorized and Unlawful Intrusion . - Unauthorized and unlawful intrusionupon, or use of any portion of the ancestral domain, or any violation of the rights herein beforeenumerated, 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. Recogni t ion of An cestra l Domain Rights . - The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. Formalrecognition, 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 Cert i f icate of Ti t le under Comm onw eal th Ac t 141, as amended, or the Land Regis t ra t ion A ct 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 inthe concept of owner since the immemorial or for a period of not less than thirty (30) yearsimmediately preceding the approval of this Act and uncontested by the members of the sameICCs/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 andactually used for agricultural, residential, pasture, and tree farming purposes, including thosewith a slope of eighteen percent (18%) or more, are hereby classified as alienable anddisposable agricultural lands.

The option granted under this Section shall be exercised within twenty (20) years from theapproval 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 andinstitutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.

Section 14. Suppor t fo r Autonomou s Reg ions . - The State shall continue to strengthen andsupport 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 Mindanaoand the Cordillera to use the form and content of their ways of life as may be compatible withthe fundamental rights defined in the Constitution of the Republic of the Philippines and other internationally recognized human rights.

Section 15. Just ice System, Confl ic t Resolut ion Inst i tu t ions and Peace Bui lding Processes . - The ICCs/IPs shall have the right to use their own commonly accepted justicesystems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatiblewith the national legal system and with internationally recognized human rights.

Section 16. Right to Par t ic ipate in Decis ion -Making . - ICCs/IPs have the right to participatefully, 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/IPsshall be given mandatory representation in policy-making bodies and other local legislativecouncils.

Section 17. Right to Determine and Decide Pr ior i t ies for Development . - The ICCs/IPs shallhave 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 shallparticipate 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 wherethey form the predominant population but which are located in municipalities, provinces or citieswhere they do not constitute the majority of the population, may form or constitute a separatebarangay in accordance with the Local Government Code on the creation of tribal barangays.

Section 19. Role of Peoples Org anizat ions . - The State shall recognize and respect the roleof 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 Developm ent /Empow erment o f ICCs/IPs . - The Government shallestablish the means for the full development/empowerment of the ICCs/IPs own institutions andinitiatives and, where necessary, provide the resources needed therefor.

CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS

Section 21. Equal Protect ion and Non-discr iminat ion of ICCs/IPs . - Consistent with theequal protection clause of the Constitution of the Republic of the Philippines, the Charter of theUnited Nations, the Universal Declaration of Human Rights including the Convention on the

Elimination of Discrimination Against Women and International Human Rights Law, the Stateshall, 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 shallextend to them the same employment rights, opportunities, basic services, educational andother rights and privileges available to every member of the society. Accordingly, the State shalllikewise ensure that the employment of any form of force of coersion against ICCs/IPs shall bedealt with by law.

The State shall ensure that the fundamental human rights and freedoms as enshrined in theConstitution 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. Righ ts dur ing Arm ed Conf l ic t . - ICCs/IPs have the right to special protection andsecurity in periods of armed conflict. The State shall observe international standards, inparticular, the Fourth Geneva Convention of 1949, for the protection of civilian populations incircumstances of emergency and armed conflict, and shall not recruit members of the ICCs/IPsagainst their will into armed forces, and in particular, for the use against other ICCs/IPs; notrecruit 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 inspecial centers for military purposes under any discriminatory condition.

Section 23. Freedom fro m Discr im inat ion and Right to Equal Opportun i ty and Treatment . - It shall be the right of the ICCs/IPs to be free from any form of discrimination, withrespect to recruitment and conditions of employment, such that they may enjoy equalopportunities as other occupationally-related benefits, informed of their rights under existinglabor legislation and of means available to them for redress, not subject to any coerciverecruitment systems, including bonded labor and other forms of debt servitude; and equaltreatment 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 incooperation with the ICCs/IPs concerned, adopt special measures to ensure the effectiveprotection with regard to the recruitment and conditions of employment of persons belonging tothese communities, to the extent that they are not effectively protected by the laws applicable toworkers in general.

ICCs/IPs shall have the right to association and freedom for all trade union activities and theright to conclude collective bargaining agreements with employers' conditions. They shalllikewise 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 Per taining to Employ ment . - 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 andnon-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 themfor 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 theareas of employment, vocational training and retraining, housing, sanitation, health and socialsecurity. 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 theright 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, asregards 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 formsof training shall be provided to enable these women to fully participate in all aspects of sociallife. As far as possible, the State shall ensure that indigenous women have access to allservices in their own languages.



Section 27. Children and Youth . - The State shall recognize the vital role of the children andyouth 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 shallsupport all government programs intended for the development and rearing of the children andyouth 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 Educat ion . - The State shall, through the NCIP, provide acomplete, adequate and integrated system of education, relevant to the needs of the childrenand Young people of ICCs/IPs.

CHAPTER VI CULTURAL INTEGRITY

Section 29. Protect ion of Indigenous Cul ture , t radi t ions and inst i tu t ions . - The state shallrespect, 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 andpolicies.

Section 30. Educat ional Systems . - The State shall provide equal access to various culturalopportunities 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 controltheir educational systems and institutions by providing education in their own language, in amanner appropriate to their cultural methods of teaching and learning. Indigenouschildren/youth shall have the right to all levels and forms of education of the State.

Section 31. Recogni t ion of Cul tural Divers i ty . - The State shall endeavor to have the dignityand diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriatelyreflected 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 goodrelations among ICCs/IPs and all segments of society. Furthermore, the Government shall takeeffective 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, seminarsand workshops to promote and enhance their distinctive heritage and values.

Section 32. Comm unity Inte l lectual Rights . - ICCs/IPs have the right to practice and revitalizetheir own cultural traditions and customs. The State shall preserve, protect and develop thepast, 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 , Cul tural Si tes and Ceremonies . - ICCs/IPs shall have theright to manifest, practice, develop teach their spiritual and religious traditions, customs andceremonies; 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 humanremains. Accordingly, the State shall take effective measures, in cooperation with the burialsites, 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 purposeof obtaining materials of cultural values without the free and prior informed consent of thecommunity concerned; and

b. Deface, remove or otherwise destroy artifacts which are of great importance to theICCs/IPs for the preservation of their cultural heritage.

Section 34. Right to Indigenous K nowledg e Systems and Pract ices and to Develop ow n Sciences and Technologies . - ICCs/IPs are entitled to the recognition of the full ownership andcontrol and protection of their cultural and intellectual rights. They shall have the right to specialmeasures to control, develop and protect their sciences, technologies and culturalmanifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals andminerals, indigenous knowledge systems and practices, knowledge of the properties of faunaand flora, oral traditions, literature, designs, and visual and performing arts.

Section 35. Access to B iological and Genetic Resources . - Access to biological and geneticresources and to indigenous knowledge related to the conservation, utilization andenhancement of these resources, shall be allowed within ancestral lands and domains of theICCs/IPs only with a free and prior informed consent of such communities, obtained inaccordance with customary laws of the concerned community.

Section 36. Sustainable Agro-Technical Development . - The State shall recognize the rightof ICCs/IPs to a sustainable agro-technological development and shall formulate and implementprograms of action for its effective implementation. The State shall likewise promote the bio-genetic and resource management systems among the ICCs/IPs and shall encouragecooperation among government agencies to ensure the successful sustainable development of ICCs/IPs.

Section 37. Funds for A rcheologic al and Histor ical Si tes . - The ICCs/IPs shall have the rightto receive from the national government all funds especially earmarked or allocated for themanagement and preservation of their archeological and historical sites and artifacts with thefinancial and technical support of the national government agencies.

CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

Section 38. National Comm ission on Indigenous Cul tural Comm unit ies /Indigenous Peoples (NCCP) . - to carry out the policies herein set forth, there shall be created the NationalCommission 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 therights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well astheir rights thereto.

Section 39. Mandate . - The NCIP shall protect and promote the interest and well-being of theICCs/IPs with due regard to their beliefs, customs, traditions and institutions.

Section 40. Compos i t ion . - The NCIP shall be an independent agency under the Office of thePresident 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 theseven (7) Commissioners shall be appointed specifically from each of the followingethnographic areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island Groupsincluding Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern andWestern Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That atleast two (2) of the seven (7) Commissioners shall be women.

Section 41. Quali f icat ions , Tenure, Com pensat ion . - The Chairperson and the six (6)Commissioners must be natural born Filipino citizens, bonafide members of ICCs/IPs ascertified 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 35years 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 PhilippineBar: 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 noperson shall serve for more than two (2) terms. Appointment to any vacancy shall only be for theunexpired term of the predecessor and in no case shall a member be appointed or designatedin a temporary or acting capacity: Provided, finally, That the Chairperson and theCommissioners shall be entitled to compensation in accordance with the Salary StandardizationLaw.

Section 42. Removal f rom Off ice . - Any member of the NCIP may be removed from office bythe 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. Appoin tment o f Comm iss ioners . - 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 Funct ion s . - To accomplish its mandate, the NCIP shall have thefollowing powers, jurisdiction and function:

a) To serve as the primary government agency through which ICCs/IPs can seekgovernment assistance and as the medium, thorough which such assistance may beextended;

b) To review and assess the conditions of ICCs/IPs including existing laws and policiespertinent thereto and to propose relevant laws and policies to address their role in nationaldevelopment;

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, withgovernment 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 governmentlending 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 thePresident of the Philippines, for the benefit of ICCs/IPs and administer the same inaccordance 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/IPsand to oversee the proper implementation thereof;

i) To convene periodic conventions or assemblies of IPs to review, assess as well aspropose 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 operationsand achievements;

k) To submit to Congress appropriate legislative proposals intended to carry out the policiesunder 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 byany private individual, corporate entity or any government agency, corporation or subdivisionthereof 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 theCommission:

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 theRepublic of the Philippines; and

q) To represent the Philippine ICCs/IPs in all international conferences and conventionsdealing with indigenous peoples and other related concerns.

Section 45. Accessib i l i ty and Transparency . - Subject to such limitations as may be providedby law or by rules and regulations promulgated pursuant thereto, all official records, documentsand papers pertaining to official acts, transactions or decisions, as well as research data usedas 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 shallbe responsible for the implementation of the policies herein after provided:



a. Ancestral Domains Office - The Ancestral Domain Office shall be responsible for theidentification, delineation and recognition of ancestral land/domains. It shall also beresponsible 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 asprovided in Chapter III of this Act. It shall also issue, upon the free and prior informedconsent 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 inprotecting 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 Researchshall be responsible for the formulation of appropriate policies and programs for ICCs/IPssuch 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 shallendeavor to assess the plan and make ramifications in accordance with the changingsituations. The Office shall also undertake the documentation of customary law and shallestablish and maintain a Research Center that would serve as a depository of ethnographicinformation for monitoring, evaluation and policy formulation. It shall assist the legislativebranch of the national government in the formulation of appropriate legislation benefitingICCs/IPs.

c. Office of Education, Culture and Health - The Office on Culture, Education and Healthshall be responsible for the effective implementation of the education, cultural and relatedrights as provided in this Act. It shall assist, promote and support community schools, bothformal and non-formal, for the benefit of the local indigenous community, especially in areaswhere 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/IPbeneficiaries in coordination with the Department of Education, Culture and Sports and theCommission on Higher Education. It shall undertake, within the limits of availableappropriation, a special program which includes language and vocational training, publichealth and family assistance program and related subjects.

It shall also identify ICCs/IPs with potential training in the health profession and encourageand assist them to enroll in schools of medicine, nursing, physical therapy and other alliedcourses pertaining to the health profession.

Towards this end, the NCIP shall deploy a representative in each of the said offices whoshall personally perform the foregoing task and who shall receive complaints from theICCs/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 manageand preserve historical and archeological artifacts of the ICCs /IPs and shall be responsiblefor the implementation of such other functions as the NCIP may deem appropriate andnecessary;

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 NCIPshall coordinate with pertinent government agencies specially charged with theimplementation of various basic socio-economic services, policies, plans and programsaffecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them. Itshall also be responsible for such other functions as the NCIP may deem appropriate andnecessary;



e. Office of Empowerment and Human Rights - The Office of Empowerment and HumanRights shall ensure that indigenous socio- political, cultural and economic rights arerespected and recognized. It shall ensure that capacity building mechanisms are institutedand ICCs/IPs are afforded every opportunity, if they so choose, to participate in all leveldecision-making. It shall likewise ensure that the basic human rights, and such other rightsas 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 onall legal matters concerning ICCs/IPs and which shall be responsible for providing ICCs/IPswith legal assistance in litigation involving community interest. It shall conduct preliminaryinvestigation on the basis of complaints filed by the ICCs/IPs against a natural or juridicalperson believed to have violated ICCs/IPs rights. On the basis of its findings, it shall initiatethe 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 itmay deem necessary subject to existing rules and regulations.

Section 48. Region al and Field Offices . - Existing regional and field offices shall remain tofunction under the strengthened organizational structure of the NCIP. Other field office shall becreated 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 shallestablish field offices in said provinces.

Section 49. Office of the Execut ive Director . - The NCIP shall create the Office of theExecutive 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 Philippinesupon the recommendation of the NCIP on a permanent basis. The staffing pattern of the officeshall be determined by the NCIP subject to existing rules and regulations.

Section 50. Consul ta t ive Bod y . - A body consisting of the traditional leaders, elders andrepresentatives from the women and youth sectors of the different ICCs/IPs shall be constitutedby the NCIP from the time to time to advise it on matters relating to the problems, aspirationsand interests of the ICCs/IPs.

CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS

Section 51. Delineat ion and Recogni t ion o f Ancestra l Domains . - Self-delineation shall beguiding principle in the identification and delineation of ancestral domains. As such, theICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. The SwornStatement of the Elders as to the Scope of the territories and agreements/pacts made withneighboring 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 concernedtraditionally occupy and guarantee effective protection of their rights of ownership andpossession thereto. Measures shall be taken in appropriate cases to safeguard the rights of theICCs/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. Delineat ion Process . - The identification and delineation of ancestral domainsshall be done in accordance with the following procedures:

a. Ancestral Domains Delineated Prior to this Act - The provisions hereunder shall not applyto 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 enactmentof this law shall have the right to apply for the issuance of a Certificate of Ancestral DomainTitle (CADT) over the area without going through the process outlined hereunder;

b. Petition for Delineation - The process of delineating a specific perimeter may be initiatedby the NCIP with the consent of the ICC/IP concerned, or through a Petition for Delineationfiled 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 AncestralDomains Office upon filing of the application by the ICCs/IPs concerned. Delineation will bedone in coordination with the community concerned and shall at all times include genuineinvolvement 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 possessionor occupation of the area since time immemorial by such ICCs/IPs in the concept of ownerswhich 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, burialgrounds, sacred places and old villages;

4. Historical accounts, including pacts and agreements concerning boundariesentered 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 huntinggrounds;

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 basedthereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter map, completewith technical descriptions, and a description of the natural features and landmarksembraced 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 nativelanguage of the ICCs/IPs concerned shall be posted in a prominent place therein for at leastfifteen (15) days. A copy of the document shall also be posted at the local, provincial andregional offices of the NCIP, and shall be published in a newspaper of general circulationonce a week for two (2) consecutive weeks to allow other claimants to file opposition theretowithin fifteen (15) days from the date of such publication: Provided, That in areas where nosuch 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 arenot available;

h. Endorsement to NCIP - Within fifteen (15) days from publication, and of the inspectionprocess, the Ancestral Domains Office shall prepare a report to the NCIP endorsing afavorable action upon a claim that is deemed to have sufficient proof. However, if the proof isdeemed insufficient, the Ancestral Domains Office shall require the submission of additionalevidence: Provided, That the Ancestral Domains Office shall reject any claim that is deemedpatently 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 allconcerned, containing the grounds for denial. The denial shall be appealable to the NCIP:Provided, furthermore, That in cases where there are conflicting claims, the AncestralDomains Office shall cause the contending parties to meet and assist them in coming up witha preliminary resolution of the conflict, without prejudice to its full adjudication according tothe 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. Thesecretaries of the Department of Agrarian Reform, Department of Environment and NaturalResources, Department of the Interior and Local Government, and Department of Justice,the Commissioner of the National Development Corporation, and any other governmentagency claiming jurisdiction over the area shall be notified thereof. Such notification shallterminate any legal basis for the jurisdiction previously claimed;

j. Issuance of CADT - ICCs/IPs whose ancestral domains have been officially delineated anddetermined 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 domaintitles and certificates of ancestral lands titles before the Register of Deeds in the place wherethe property is situated.

Section 53. Ident i f icat ion, Del ineat ion and Cert i f icat ion of Ancestra l 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 accordancewith customs and traditions;



b. Individual and indigenous corporate claimants of ancestral lands which are not withinancestral domains, may have their claims officially established by filing applications for theidentification and delineation of their claims with the Ancestral Domains Office. An individualor 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 thetestimony under oath of elders of the community and other documents directly or indirectlyattesting to the possession or occupation of the areas since time immemorial by theindividual or corporate claimants in the concept of owners which shall be any of the authenticdocuments 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 lighton 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/IPsconcerned in a prominent place therein for at least fifteen (15) days. A copy of the documentshall also be posted at the local, provincial, and regional offices of the NCIP and shall bepublished in a newspaper of general circulation once a week for two (2) consecutive weeksto 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 aradio station will be a valid substitute: Provided, further, That mere posting shall be deemedsufficient if both newspapers and radio station are not available

f. Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate andinspect 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 deemedpatently 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 domainsOffice shall cause the contending parties to meet and assist them in coming up with apreliminary resolution of the conflict, without prejudice to its full adjudication according toSec. 62 of this Act. In all proceedings for the identification or delineation of the ancestraldomains as herein provided, the Director of Lands shall represent the interest of the Republicof the Philippines; and

g. The Ancestral Domains Office shall prepare and submit a report on each and everyapplication 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 requestfrom the ICCs/IPs, review existing claims which have been fraudulently acquired by any personor 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. Commu nal R igh t s . - Subject to Section 56 hereof, areas within the ancestraldomains, 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. Exist ing Proper ty Rights Regimes . - Property rights within the ancestral domainsalready existing and/or vested upon effectivity of this Act, shall be recognized and respected.

Section 57. Natural Resources within A ncestra l Domains . - The ICCs/IPs shall have thepriority rights in the harvesting, extraction, development or exploitation of any natural resourceswithin the ancestral domains. A non-member of the ICCs/IPs concerned may be allowed to takepart in the development and utilization of the natural resources for a period of not exceedingtwenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That aformal and written agreement is entered into with the ICCs/IPs concerned or that thecommunity, 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 andimprovement of the ancestral domains.

Section 58. Environm ental Considerat ion . - Ancestral domains or portion thereof, which arefound necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protectedareas, forest cover, or reforestation as determined by the appropriate agencies with the fullparticipation of the ICCs/IPs concerned shall be maintained, managed and developed for suchpurposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protectand 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 bemade in writing. The consent of the ICCs/IPs should be arrived at in accordance with itscustomary 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 theICCs/IPs in accordance with a program for technology transfer: Provided, further, That noICCs/IPs shall be displaced or relocated for the purpose enumerated under this section withoutthe written consent of the specific persons authorized to give consent.

Section 59. Cert i f icat ion Precondi t io n . - all department and other governmental agenciesshall henceforth be strictly enjoined from issuing, renewing, or granting any concession, licenseor lease, or entering into any production-sharing agreement, without prior certification from theNCIP that the area affected does not overlap with any ancestral domain. Such certificate shallonly 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 freeand prior informed and written consent of the ICCs/IPs concerned: Provided, further, That nodepartment, government agency or government-owned or -controlled corporation may issuenew concession, license, lease, or production sharing agreement while there is pendingapplication CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, inaccordance with this Act, any project that has not satisfied the requirement of this consultationprocess.

Section 60. Exemption fro m Taxes . - All lands certified to be ancestral domains shall beexempt from real property taxes, specially levies, and other forms of exaction except suchportion of the ancestral domains as are actually used for large-scale agriculture, commercialforest 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 ancestraldomains.



Section 61. Temporary Requis i t ion Powers . - Prior to the establishment of an institutionalsurveying 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 capableprivate survey teams, through a Memorandum of Agreement (MOA), to delineate ancestraldomain perimeters. The DENR Secretary shall accommodate any such request within one (1)month of its issuance: Provided, That the Memorandum of Agreement shall stipulate, amongothers, a provision for technology transfer to the NCIP.

Section 62. Resolut ion of Confl ic ts . - In cases of conflicting interest, where there are adverseclaims within the ancestral domains as delineated in the survey plan, and which cannot beresolved, the NCIP shall hear and decide, after notice to the proper parties, the disputes arisingfrom 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 andregulations 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 theapplication, 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 copythereof.

Section 63. App licable Laws . - Customary laws, traditions and practices of the ICCs/IPs of theland where the conflict arises shall be applied first with respect to property rights, claims andownerships, hereditary succession and settlement of land disputes. Any doubt or ambiguity inthe 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 takeappropriate legal action for the cancellation of officially documented titles which were acquiredillegally: Provided, That such procedure shall ensure that the rights of possessors in good faithshall 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 shallbe a period of ten (10) years in accordance with existing laws.

CHAPTER IX JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS

Section 65. Primary of Custom ary Laws and Pract ices . - When disputes involve ICCs/IPs,customary laws and practices shall be used to resolve the dispute.

Section 66. Jur isdic t ion 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 nosuch dispute shall be brought to the NCIP unless the parties have exhausted all remediesprovided under their customary laws. For this purpose, a certification shall be issued by theCouncil of Elders/Leaders who participated in the attempt to settle the dispute that the same hasnot been resolved, which certification shall be a condition precedent to the filing of a petitionwith the NCIP.

Section 67. App eals to the Court of Ap peals . - Decisions of the NCIP shall be appealable tothe Court of Appeals by way of a petition for review.



Section 68. Execut ion of Decis ions , Aw ards, Orders . - Upon expiration of the period hereprovided and no appeal is perfected by any of the contending parties, the Hearing Officer of theNCIP, on its own initiative or upon motion by the prevailing party, shall issue a writ of executionrequiring the sheriff or the proper officer to execute final decisions, orders or awards of theRegional Hearing Officer of the NCIP.

Section 69. Quasi-Judicia l Powers of the NCIP . - The NCIP shall have the power andauthority:

a. To promulgate rules and regulations governing the hearing and disposition of cases filedbefore it as well as those pertaining to its internal functions and such rules and regulations asmay be necessary to carry out the purposes of this Act;

b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring theattendance 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 justdetermination 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 penaltiestherefor; 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 thecase or seriously affect social or economic activity.

Section 70. No rest ra ining Order or Prel iminary Injunct ion . - No inferior court of thePhilippines shall have the jurisdiction to issue any restraining order or writ of preliminaryinjunction 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. Ancestra l Domains Fund . - There is hereby created a special fund, to be knownas the Ancestral Domains Fund, an initial amount of the One Hundred thirty millionpesos(P130,000,000) to cover compensation for expropriated lands, delineation anddevelopment of ancestral domains. An amount of Fifty million pesos (P50,000,000) shall besourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from itslotto operation, Ten millions pesos (P10,000,000) from the gross receipts of the travel tax of thepreceding 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 aswell as local funds which are made available for the ICCs/IPs through the government of thePhilippines shall be coursed through the NCIP. The NCIP may also solicit and receivedonations, 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 instrumentalitythereof.



CHAPTER XI PENALTIES

Section 72. Punishable Acts and Ap pl icable Penal t ies . - Any person who commits violationof any of the provisions of this Act, such as, but not limited to, authorized and/or unlawfulintrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commitany of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VIhereof, 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 shallbe without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. Inwhich case, any person who violates any provision of this Act shall, upon conviction, bepunished by imprisonment of not less than nine (9) months but not more than twelve (12) yearsor a fine not less than One hundred thousand pesos (P100,000) nor more than Five hundredthousand 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 havebeen suffered by the latter as a consequence of the unlawful act.

Section 73. Persons Subject to Punishm ent . - If the offender is a juridical person, all officerssuch as, but not limited to, its president, manager, or head of office responsible for their unlawfulact 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 shallinclude 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 shallcontinue 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-outupon the effectivity of this Act: Provided, further, That officials and employees of the phased-outoffices 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 bythe Placement Committee: Provided, furthermore, That in the case where an indigenous personand a non-indigenous person with similar qualifications apply for the same position, priority shallbe given to the former. Officers and employees who are to be phased-out as a result of themerger 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 equivalentnearest fraction thereof favorable to them on the basis of the highest salary received. If they arealready entitled to retirement benefits or the gratuity herein provided. Officers and employeeswho 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 CivilService and the Placement Committee herein created.

Section 75. Transi t ion Per iod . - The ONCC/OSCC shall have a period of six (6) months fromthe effectivity of this Act within which to wind up its affairs and to conduct audit of its finances.



Section 76. Transfer of Assets /Proper t ies . - All real and personal properties which are vestedin, or belonging to, the merged offices as aforestated shall be transferred to the NCIP withoutfurther need of conveyance, transfer or assignment and shall be held for the same purpose asthey were held by the former offices: Provided, That all contracts, records and documents shallbe transferred to the NCIP. All agreements and contracts entered into by the merged officesshall remain in full force and effect unless otherwise terminated, modified or amended by theNCIP.

Section 77. Placement Comm it tee . - Subject to rules on government reorganization, aPlacement Committee shall be created by the NCIP, in coordination with the Civil ServiceCommission, 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 reorganizedagency. The placement Committee shall be composed of seven (7) commissioners and anICCs/IPs representative from each of the first and second level employees association in theOffices for Northern and Southern Cultural Communities (ONCC/OSCC), nongovernmentorganizations (NGOs) who have served the community for at least five (5) years and peoplesorganizations (POs) with at least five (5) years of existence. They shall be guided by the criteriaof retention and appointment to be prepared by the consultative body and by the pertinentprovisions of the civil service law.

CHAPTER XIII FINAL PROVISIONS

Section 78. Special Provis ion . - 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 otherwisereclassified by appropriate legislation: Provided, That prior land rights and titles recognizedand/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 territorywhich becomes part of the City of Baguio after the effectivity of this Act.

Section 79. Appropr ia t ions . - 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 includedin the annual General Appropriations Act.

Section 80. Implement ing Rules and Regulat ions . - Within sixty (60) days immediately after appointment, the NCIP shall issue the necessary rules and regulations, in consultation with theCommittees 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. Separabili ty Clause . - In case any provision of this Act or any portion thereof isdeclared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 83. Repealing Clause . - Presidential Decree NO. 410, Executive Order Nos. 122-Band 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. Effect ivi ty . - This Act shall take effect fifteen days (15) days upon its publication inthe Official Gazette or in any two (2) newspapers of general circulation.

Approved: 29 October 1997 .

Republic Act No. 8371 October 29, 1997

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUSCULTURAL 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 Congressassembled: :

CHAPTER I GENERAL PROVISIONS

Section 1. Short Ti t le . - This Act shall be known as " The Indigenou s Peoples Rights A ct of 1997."

Section 2. Declaration of State Policies . - The State shall recognize and promote all the rightsof Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumeratedwithin 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 customarylaws 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 anddevelop their cultures, traditions and institutions. It shall consider these rights in theformulation of national laws and policies;

d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equallyenjoy 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 nationallaws 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 moreresponsive to the needs and desires of these communities.



Towards these ends, the State shall institute and establish the necessary mechanisms toenforce 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. Defini t ion 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 toICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, heldunder a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the presentexcept when interrupted by war, force majeure or displacement by force, deceit, stealth or asa consequence of government projects or any other voluntary dealings entered into bygovernment 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 andother natural resources, and lands which may no longer be exclusively occupied by ICCs/IPsbut 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 andutilized by individuals, families and clans who are members of the ICCs/IPs since timeimmemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,continuously, to the present except when interruptedby 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 privateindividuals/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 delineatedin 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 thewhole community within a defined territory

f) Customary Laws - refer to a body of written and/or unwritten rules, usages, customs andpractices traditionally and continually recognized, accepted and observed by respectiveICCs/IPs;

g) Free and Prior Informed Consent - as used in this Act shall mean the consensus of allmembers of the ICCs/IPs to; be determined in accordance with their respective customarylaws and practices, free from any external manipulation, interference and coercion, andobtained after fully disclosing the intent and scope of the activity, in a language an processunderstandable 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 havecontinuously lived as organized community on communally bounded and defined territory,and who have, under claims of ownership since time immemorial, occupied, possessedcustoms, tradition and other distinctive cultural traits, or who have, through resistance topolitical, social and cultural inroads of colonization, non-indigenous religions and culture,

became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewiseinclude peoples who are regarded as indigenous on account of their descent from thepopulations which inhabited the country, at the time of conquest or colonization, or at thetime of inroads of non-indigenous religions and cultures, or the establishment of presentstate boundaries, who retain some or all of their own social, economic, cultural and politicalinstitutions, but who may have been displaced from their traditional domains or who mayhave 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 toindividuals, 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 primarygovernment agency responsible for the formulation and implementation of policies, plans andprograms 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 asmemory reaches, have been held under a claim of private ownership by ICCs/IPs, havenever been public lands and are thus indisputably presumed to have been held that waysince before the Spanish Conquest;

m) Nongovernment Organization - refers to a private, nonprofit voluntary organization thathas been organized primarily for the delivery of various services to the ICCs/IPs and has anestablished 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 sustainablyuse,manage, protect and conserve a) land, air, water, and minerals; b) plants, animals andother organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other

areas of economic, ceremonial and aesthetic value in accordance with their indigenousknowledge, beliefs, systems and practices; and

p) Time Immemorial - refers to a period of time when as far back as memory can go, certainICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized adefined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.



CHAPTER IIIRIGHTS TO ANCESTRAL DOMAINS

Section 4. Concept of Anc estra l Lands/Domains . - Ancestral lands/domains shall includesuch concepts of territories which cover not only the physical environment but the totalenvironment 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 sustainsthe view that ancestral domains and all resources found therein shall serve as the materialbases of their cultural integrity. The indigenous concept of ownership generally holds thatancestral domains are the ICC's/IP's private but community property which belongs to allgenerations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainabletraditional resource rights.

Section 6. Compo si t ion of Ancestra l Lands/Domains . - Ancestral lands and domains shallconsist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b)of this Act.

Section 7. Rights to Ancestra l 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 traditionallyand 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 todevelop, control and use lands and territories traditionally occupied, owned, or used; tomanage and conserve natural resources within the territories and uphold the responsibilitiesfor future generations; to benefit and share the profits from allocation and utilization of thenatural resources found therein; the right to negotiate the terms and conditions for theexploration of natural resources in the areas for the purpose of ensuring ecological,environmental protection and the conservation measures, pursuant to national andcustomary laws; the right to an informed and intelligent participation in the formulation andimplementation of any project, government or private, that will affect or impact upon theancestral domains and to receive just and fair compensation for any damages which theysustain as a result of the project; and the right to effective measures by the government toprevent 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 removedtherefrom. 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 beguaranteed 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 landsof 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 relocatedshall likewise be fully compensated for any resulting loss or injury;



d. Right in Case of Displacement . - In case displacement occurs as a result of naturalcatastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areaswhere they can have temporary life support system: Provided, That the displaced ICCs/IPsshall have the right to return to their abandoned lands until such time that the normalcy andsafety of such lands shall be determined: Provided, further, That should their ancestraldomain 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 beenresettled: Provided, furthermore, That basic services and livelihood shall be provided to themto ensure that their needs are adequately addressed:

e. Right to Regulate Entry of Migrants . - Right to regulate the entry of migrant settlers andorganizations into the domains;

f. Right to Safe and Clean Air and Water . - For this purpose, the ICCs/IPs shall have accessto 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 domainswhich 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 customarylaws of the area where the land is located, and only in default thereof shall the complaints besubmitted to amicable settlement and to the Courts of Justice whenever necessary.

Section 8. Rights to Ancestra l Lands . - The right of ownership and possession of theICCs/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 andtraditions of the community concerned.

b. Right to Redemption . - In cases where it is shown that the transfer of land/property rightsby virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is taintedby the vitiated consent of the ICCs/IPs,or is transferred for an unconscionable considerationor price, the transferor ICC/IP shall have the right to redeem the same within a period notexceeding fifteen (15) years from the date of transfer.

Section 9. Responsibi l i t ies of ICCs/IPs to their Anc estra l Domains . - ICCs/IPs occupying aduly certified ancestral domain shall have the following responsibilities:

a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in theancestral domain by protecting the flora and fauna, watershed areas, and other reserves;

b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestationof denuded areas and other development programs and projects subject to just andreasonable remuneration; and

c. Observe Laws- To observe and comply with the provisions of this Act and the rules andregulations for its effective implementation.



Section 10. Unauthorized and Unlawful Intrusion . - Unauthorized and unlawful intrusionupon, or use of any portion of the ancestral domain, or any violation of the rights herein beforeenumerated, shall be punishable under this law. Furthermore, the Government shall takemeasures 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. Recogni t ion of An cestra l Domain Rights . - The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. Formalrecognition, 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 Cert i f icate of Ti t le under Comm onw eal th Ac t 141, as amended, or the Land Regis t ra t ion A ct 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 inthe concept of owner since the immemorial or for a period of not less than thirty (30) yearsimmediately preceding the approval of this Act and uncontested by the members of the sameICCs/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 andactually used for agricultural, residential, pasture, and tree farming purposes, including thosewith a slope of eighteen percent (18%) or more, are hereby classified as alienable anddisposable agricultural lands.

The option granted under this Section shall be exercised within twenty (20) years from theapproval 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 andinstitutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.

Section 14. Suppor t fo r Autonomou s Reg ions . - The State shall continue to strengthen andsupport 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 Mindanaoand 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. Just ice System, Confl ic t Resolut ion Inst i tu t ions and Peace Bui lding Processes . - The ICCs/IPs shall have the right to use their own commonly accepted justicesystems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatiblewith the national legal system and with internationally recognized human rights.



Section 16. Right to Par t ic ipate in Decis ion -Making . - ICCs/IPs have the right to participatefully, 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 developtheir own indigenous political structures. Consequently, the State shall ensure that the ICCs/IPsshall be given mandatory representation in policy-making bodies and other local legislativecouncils.

Section 17. Right to Determine and Decide Pr ior i t ies for Development . - The ICCs/IPs shallhave 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 shallparticipate 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 wherethey form the predominant population but which are located in municipalities, provinces or citieswhere they do not constitute the majority of the population, may form or constitute a separatebarangay in accordance with the Local Government Code on the creation of tribal barangays.

Section 19. Role of Peoples Org anizat ions . - The State shall recognize and respect the roleof 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 Developm ent /Empow erment o f ICCs/IPs . - The Government shallestablish the means for the full development/empowerment of the ICCs/IPs own institutions andinitiatives and, where necessary, provide the resources needed therefor.

CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS

Section 21. Equal Protect ion and Non-discr iminat ion of ICCs/IPs . - Consistent with theequal protection clause of the Constitution of the Republic of the Philippines, the Charter of theUnited Nations, the Universal Declaration of Human Rights including the Convention on theElimination of Discrimination Against Women and International Human Rights Law, the Stateshall, 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 shallextend to them the same employment rights, opportunities, basic services, educational andother rights and privileges available to every member of the society. Accordingly, the State shalllikewise ensure that the employment of any form of force of coersion against ICCs/IPs shall bedealt 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 generalapplication.

Section 22. Righ ts dur ing Arm ed Conf l ic t . - ICCs/IPs have the right to special protection andsecurity in periods of armed conflict. The State shall observe international standards, inparticular, the Fourth Geneva Convention of 1949, for the protection of civilian populations incircumstances 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; notrecruit children of ICCs/IPs into the armed forces under any circumstance; nor force indigenousindividuals to abandon their lands, territories and means of subsistence, or relocate them inspecial centers for military purposes under any discriminatory condition.

Section 23. Freedom fro m Discr im inat ion and Right to Equal Opportun i ty and Treatment . - It shall be the right of the ICCs/IPs to be free from any form of discrimination, withrespect to recruitment and conditions of employment, such that they may enjoy equalopportunities as other occupationally-related benefits, informed of their rights under existinglabor legislation and of means available to them for redress, not subject to any coerciverecruitment systems, including bonded labor and other forms of debt servitude; and equaltreatment 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 incooperation with the ICCs/IPs concerned, adopt special measures to ensure the effectiveprotection with regard to the recruitment and conditions of employment of persons belonging tothese communities, to the extent that they are not effectively protected by the laws applicable toworkers in general.

ICCs/IPs shall have the right to association and freedom for all trade union activities and theright to conclude collective bargaining agreements with employers' conditions. They shalllikewise 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 Per taining to Employ ment . - 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 andnon-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 themfor 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 theareas of employment, vocational training and retraining, housing, sanitation, health and socialsecurity. 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 theright 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, asregards 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 formsof 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 allservices in their own languages.

Section 27. Children and Youth . - The State shall recognize the vital role of the children andyouth 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 shallsupport all government programs intended for the development and rearing of the children andyouth 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 Educat ion . - The State shall, through the NCIP, provide acomplete, adequate and integrated system of education, relevant to the needs of the childrenand Young people of ICCs/IPs.

CHAPTER VI CULTURAL INTEGRITY

Section 29. Protect ion of Indigenous Cul ture , t radi t ions and ins t i tu t ions . - The state shallrespect, 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 andpolicies.

Section 30. Educat ional Systems . - The State shall provide equal access to various culturalopportunities 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 controltheir educational systems and institutions by providing education in their own language, in amanner appropriate to their cultural methods of teaching and learning. Indigenouschildren/youth shall have the right to all levels and forms of education of the State.

Section 31. Recogni t ion of Cul tural Divers i ty . - The State shall endeavor to have the dignityand diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriatelyreflected 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 goodrelations among ICCs/IPs and all segments of society. Furthermore, the Government shall takeeffective 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, seminarsand workshops to promote and enhance their distinctive heritage and values.

Section 32. Comm unity Inte l lectual Rights . - ICCs/IPs have the right to practice and revitalize

their own cultural traditions and customs. The State shall preserve, protect and develop thepast, 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 informedconsent or in violation of their laws, traditions and customs.

Section 33. Rights t o Rel igious , Cul tural Si tes and Ceremonies . - ICCs/IPs shall have theright to manifest, practice, develop teach their spiritual and religious traditions, customs andceremonies; 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 burialsites, 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 purposeof obtaining materials of cultural values without the free and prior informed consent of thecommunity concerned; and

b. Deface, remove or otherwise destroy artifacts which are of great importance to theICCs/IPs for the preservation of their cultural heritage.

Section 34. Right to Indigenous K nowledg e Systems and Pract ices and to Develop ow n Sciences and Technologies . - ICCs/IPs are entitled to the recognition of the full ownership andcontrol and protection of their cultural and intellectual rights. They shall have the right to specialmeasures to control, develop and protect their sciences, technologies and culturalmanifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals andminerals, indigenous knowledge systems and practices, knowledge of the properties of faunaand flora, oral traditions, literature, designs, and visual and performing arts.

Section 35. Access to B iological and Genetic Resources . - Access to biological and geneticresources and to indigenous knowledge related to the conservation, utilization andenhancement of these resources, shall be allowed within ancestral lands and domains of theICCs/IPs only with a free and prior informed consent of such communities, obtained inaccordance with customary laws of the concerned community.

Section 36. Sustainable Agro-Technical Development . - The State shall recognize the rightof ICCs/IPs to a sustainable agro-technological development and shall formulate and implementprograms of action for its effective implementation. The State shall likewise promote the bio-genetic and resource management systems among the ICCs/IPs and shall encouragecooperation among government agencies to ensure the successful sustainable development of ICCs/IPs.

Section 37. Funds for A rcheologic al and Histor ical Si tes . - The ICCs/IPs shall have the rightto receive from the national government all funds especially earmarked or allocated for themanagement and preservation of their archeological and historical sites and artifacts with thefinancial and technical support of the national government agencies.

CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

Section 38. National Comm ission on Indigenous Cul tural Comm unit ies /Indigenous Peoples (NCCP) . - to carry out the policies herein set forth, there shall be created the NationalCommission 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 therights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well astheir rights thereto.

Section 39. Mandate . - The NCIP shall protect and promote the interest and well-being of theICCs/IPs with due regard to their beliefs, customs, traditions and institutions.



Section 40. Compos i t ion . - The NCIP shall be an independent agency under the Office of thePresident 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 thePhilippines from a list of recommendees submitted by authentic ICCs/IPs: Provided, That theseven (7) Commissioners shall be appointed specifically from each of the followingethnographic areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island Groupsincluding Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern andWestern Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That atleast two (2) of the seven (7) Commissioners shall be women.

Section 41. Quali f icat ions , Tenure, Com pensat ion . - The Chairperson and the six (6)Commissioners must be natural born Filipino citizens, bonafide members of ICCs/IPs ascertified 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 35years 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 PhilippineBar: 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 noperson shall serve for more than two (2) terms. Appointment to any vacancy shall only be for theunexpired term of the predecessor and in no case shall a member be appointed or designatedin a temporary or acting capacity: Provided, finally, That the Chairperson and theCommissioners shall be entitled to compensation in accordance with the Salary StandardizationLaw.

Section 42. Removal f rom Off ice . - Any member of the NCIP may be removed from office bythe 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. Appoin tment o f Comm iss ioners . - 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 Funct ion s . - To accomplish its mandate, the NCIP shall have thefollowing powers, jurisdiction and function:

a) To serve as the primary government agency through which ICCs/IPs can seekgovernment assistance and as the medium, thorough which such assistance may beextended;

b) To review and assess the conditions of ICCs/IPs including existing laws and policiespertinent thereto and to propose relevant laws and policies to address their role in nationaldevelopment;

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, withgovernment 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 governmentlending 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 thePresident of the Philippines, for the benefit of ICCs/IPs and administer the same inaccordance 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/IPsand to oversee the proper implementation thereof;

i) To convene periodic conventions or assemblies of IPs to review, assess as well aspropose policies or plans;

j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and tosubmit within sixty (60) days after the close of each calendar year, a report of its operationsand achievements;

k) To submit to Congress appropriate legislative proposals intended to carry out the policiesunder 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 subdivisionthereof on any part or portion of the ancestral domain taking into consideration theconsensus approval of the ICCs/IPs concerned;

n) To decide all appeals from the decisions and acts of all the various offices within theCommission:

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 theRepublic of the Philippines; and

q) To represent the Philippine ICCs/IPs in all international conferences and conventionsdealing with indigenous peoples and other related concerns.

Section 45. Accessib i l i ty and Transparency . - Subject to such limitations as may be providedby law or by rules and regulations promulgated pursuant thereto, all official records, documentsand papers pertaining to official acts, transactions or decisions, as well as research data usedas 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 shallbe responsible for the implementation of the policies herein after provided:

a. Ancestral Domains Office - The Ancestral Domain Office shall be responsible for theidentification, delineation and recognition of ancestral land/domains. It shall also beresponsible 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 asprovided in Chapter III of this Act. It shall also issue, upon the free and prior informedconsent 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 inprotecting 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 Researchshall be responsible for the formulation of appropriate policies and programs for ICCs/IPssuch 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 shallendeavor to assess the plan and make ramifications in accordance with the changing

situations. The Office shall also undertake the documentation of customary law and shallestablish and maintain a Research Center that would serve as a depository of ethnographicinformation for monitoring, evaluation and policy formulation. It shall assist the legislativebranch of the national government in the formulation of appropriate legislation benefitingICCs/IPs.

c. Office of Education, Culture and Health - The Office on Culture, Education and Healthshall be responsible for the effective implementation of the education, cultural and relatedrights as provided in this Act. It shall assist, promote and support community schools, bothformal and non-formal, for the benefit of the local indigenous community, especially in areaswhere 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/IPbeneficiaries in coordination with the Department of Education, Culture and Sports and theCommission on Higher Education. It shall undertake, within the limits of availableappropriation, a special program which includes language and vocational training, publichealth and family assistance program and related subjects.

It shall also identify ICCs/IPs with potential training in the health profession and encourageand assist them to enroll in schools of medicine, nursing, physical therapy and other alliedcourses pertaining to the health profession.

Towards this end, the NCIP shall deploy a representative in each of the said offices whoshall personally perform the foregoing task and who shall receive complaints from theICCs/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 responsiblefor the implementation of such other functions as the NCIP may deem appropriate andnecessary;

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 NCIPshall coordinate with pertinent government agencies specially charged with theimplementation of various basic socio-economic services, policies, plans and programsaffecting 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 andnecessary;

e. Office of Empowerment and Human Rights - The Office of Empowerment and HumanRights shall ensure that indigenous socio- political, cultural and economic rights arerespected 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 leveldecision-making. It shall likewise ensure that the basic human rights, and such other rightsas the NCIP may determine, subject to existing laws, rules and regulations are protected andpromoted;

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 onall legal matters concerning ICCs/IPs and which shall be responsible for providing ICCs/IPswith 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 juridicalperson believed to have violated ICCs/IPs rights. On the basis of its findings, it shall initiatethe 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 itmay deem necessary subject to existing rules and regulations.

Section 48. Region al and Field Offices . - Existing regional and field offices shall remain tofunction under the strengthened organizational structure of the NCIP. Other field office shall becreated 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 shallestablish field offices in said provinces.

Section 49. Office of the Execut ive Director . - The NCIP shall create the Office of theExecutive Director which shall serve as its secretariat. The office shall be headed by anExecutive Director who shall be appointed by the President of the Republic of the Philippinesupon the recommendation of the NCIP on a permanent basis. The staffing pattern of the officeshall be determined by the NCIP subject to existing rules and regulations.

Section 50. Consul ta t ive Bod y . - A body consisting of the traditional leaders, elders andrepresentatives from the women and youth sectors of the different ICCs/IPs shall be constitutedby the NCIP from the time to time to advise it on matters relating to the problems, aspirationsand interests of the ICCs/IPs.

CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS

Section 51. Delineat ion and Recogni t ion o f Ancestra l Dom ains . - Self-delineation shall beguiding principle in the identification and delineation of ancestral domains. As such, theICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. The SwornStatement of the Elders as to the Scope of the territories and agreements/pacts made withneighboring 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 andpossession thereto. Measures shall be taken in appropriate cases to safeguard the rights of theICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to whichthey have traditionally had access for their subsistence and traditional activities, particularly of ICCs/IPs who are still nomadic and/or shifting cultivators.

Section 52. Delineat ion Process . - The identification and delineation of ancestral domainsshall be done in accordance with the following procedures:

a. Ancestral Domains Delineated Prior to this Act - The provisions hereunder shall not applyto 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 enactmentof this law shall have the right to apply for the issuance of a Certificate of Ancestral DomainTitle (CADT) over the area without going through the process outlined hereunder;

b. Petition for Delineation - The process of delineating a specific perimeter may be initiatedby 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 includingcensus of all community members therein, shall be immediately undertaken by the AncestralDomains Office upon filing of the application by the ICCs/IPs concerned. Delineation will bedone in coordination with the community concerned and shall at all times include genuineinvolvement 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 possessionor occupation of the area since time immemorial by such ICCs/IPs in the concept of ownerswhich 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, burialgrounds, sacred places and old villages;

4. Historical accounts, including pacts and agreements concerning boundariesentered 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 huntinggrounds;



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 basedthereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter map, completewith technical descriptions, and a description of the natural features and landmarksembraced therein;

f. Report of Investigation and Other Documents - A complete copy of the preliminary censusand 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 nativelanguage of the ICCs/IPs concerned shall be posted in a prominent place therein for at leastfifteen (15) days. A copy of the document shall also be posted at the local, provincial andregional offices of the NCIP, and shall be published in a newspaper of general circulationonce 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 nosuch 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 arenot available;

h. Endorsement to NCIP - Within fifteen (15) days from publication, and of the inspectionprocess, the Ancestral Domains Office shall prepare a report to the NCIP endorsing afavorable action upon a claim that is deemed to have sufficient proof. However, if the proof isdeemed insufficient, the Ancestral Domains Office shall require the submission of additionalevidence: Provided, That the Ancestral Domains Office shall reject any claim that is deemedpatently 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 allconcerned, containing the grounds for denial. The denial shall be appealable to the NCIP:Provided, furthermore, That in cases where there are conflicting claims, the AncestralDomains Office shall cause the contending parties to meet and assist them in coming up witha preliminary resolution of the conflict, without prejudice to its full adjudication according tothe 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. Thesecretaries of the Department of Agrarian Reform, Department of Environment and NaturalResources, Department of the Interior and Local Government, and Department of Justice,the Commissioner of the National Development Corporation, and any other governmentagency claiming jurisdiction over the area shall be notified thereof. Such notification shallterminate any legal basis for the jurisdiction previously claimed;

j. Issuance of CADT - ICCs/IPs whose ancestral domains have been officially delineated anddetermined 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 domaintitles and certificates of ancestral lands titles before the Register of Deeds in the place wherethe property is situated.



Section 53. Ident i f icat ion, Del ineat ion and Cert i f icat ion of Ancestra l 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 accordancewith customs and traditions;

b. Individual and indigenous corporate claimants of ancestral lands which are not withinancestral domains, may have their claims officially established by filing applications for theidentification and delineation of their claims with the Ancestral Domains Office. An individualor 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 thetestimony under oath of elders of the community and other documents directly or indirectlyattesting to the possession or occupation of the areas since time immemorial by theindividual or corporate claimants in the concept of owners which shall be any of the authenticdocuments 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 lighton 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/IPsconcerned in a prominent place therein for at least fifteen (15) days. A copy of the documentshall also be posted at the local, provincial, and regional offices of the NCIP and shall bepublished in a newspaper of general circulation once a week for two (2) consecutive weeksto 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 aradio station will be a valid substitute: Provided, further, That mere posting shall be deemedsufficient if both newspapers and radio station are not available

f. Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate andinspect 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 deemedpatently 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 domainsOffice shall cause the contending parties to meet and assist them in coming up with apreliminary 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 ancestraldomains as herein provided, the Director of Lands shall represent the interest of the Republicof the Philippines; and

g. The Ancestral Domains Office shall prepare and submit a report on each and everyapplication 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 requestfrom the ICCs/IPs, review existing claims which have been fraudulently acquired by any personor 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. Commu nal R igh t s . - Subject to Section 56 hereof, areas within the ancestraldomains, whether delineated or not, shall be presumed to be communally held: Provide, Thatcommunal 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. Exist ing Proper ty Rights Regimes . - Property rights within the ancestral domainsalready existing and/or vested upon effectivity of this Act, shall be recognized and respected.

Section 57. Natural Resources within A ncestra l Domains . - The ICCs/IPs shall have thepriority rights in the harvesting, extraction, development or exploitation of any natural resourceswithin the ancestral domains. A non-member of the ICCs/IPs concerned may be allowed to takepart in the development and utilization of the natural resources for a period of not exceedingtwenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That aformal and written agreement is entered into with the ICCs/IPs concerned or that thecommunity, 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 andimprovement of the ancestral domains.

Section 58. Environm ental Considerat ion . - Ancestral domains or portion thereof, which arefound necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protectedareas, forest cover, or reforestation as determined by the appropriate agencies with the fullparticipation of the ICCs/IPs concerned shall be maintained, managed and developed for suchpurposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protectand 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 bemade in writing. The consent of the ICCs/IPs should be arrived at in accordance with itscustomary 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 theICCs/IPs in accordance with a program for technology transfer: Provided, further, That noICCs/IPs shall be displaced or relocated for the purpose enumerated under this section withoutthe written consent of the specific persons authorized to give consent.

Section 59. Cert i f icat ion Precondi t io n . - all department and other governmental agenciesshall henceforth be strictly enjoined from issuing, renewing, or granting any concession, licenseor lease, or entering into any production-sharing agreement, without prior certification from theNCIP that the area affected does not overlap with any ancestral domain. Such certificate shallonly 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 freeand prior informed and written consent of the ICCs/IPs concerned: Provided, further, That nodepartment, government agency or government-owned or -controlled corporation may issuenew concession, license, lease, or production sharing agreement while there is pendingapplication CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, inaccordance with this Act, any project that has not satisfied the requirement of this consultationprocess.



Section 60. Exemption fro m Taxes . - All lands certified to be ancestral domains shall beexempt from real property taxes, specially levies, and other forms of exaction except suchportion of the ancestral domains as are actually used for large-scale agriculture, commercialforest 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 ancestraldomains.

Section 61. Temporary Requis i t ion Powers . - Prior to the establishment of an institutionalsurveying 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 capableprivate survey teams, through a Memorandum of Agreement (MOA), to delineate ancestraldomain perimeters. The DENR Secretary shall accommodate any such request within one (1)month of its issuance: Provided, That the Memorandum of Agreement shall stipulate, amongothers, a provision for technology transfer to the NCIP.

Section 62. Resolut ion of Confl ic ts . - In cases of conflicting interest, where there are adverseclaims within the ancestral domains as delineated in the survey plan, and which cannot beresolved, the NCIP shall hear and decide, after notice to the proper parties, the disputes arisingfrom 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 andregulations 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 theapplication, 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 copythereof.

Section 63. App licable Laws . - Customary laws, traditions and practices of the ICCs/IPs of theland where the conflict arises shall be applied first with respect to property rights, claims andownerships, hereditary succession and settlement of land disputes. Any doubt or ambiguity inthe 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 takeappropriate legal action for the cancellation of officially documented titles which were acquiredillegally: Provided, That such procedure shall ensure that the rights of possessors in good faithshall 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 shallbe a period of ten (10) years in accordance with existing laws.

CHAPTER IX JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS

Section 65. Primary of Custom ary Laws and Pract ices . - When disputes involve ICCs/IPs,customary laws and practices shall be used to resolve the dispute.

Section 66. Jur isdic t ion 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 nosuch 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 theCouncil of Elders/Leaders who participated in the attempt to settle the dispute that the same hasnot been resolved, which certification shall be a condition precedent to the filing of a petitionwith the NCIP.

Section 67. App eals to the Court of Ap peals . - Decisions of the NCIP shall be appealable tothe Court of Appeals by way of a petition for review.

Section 68. Execut ion of Decis ions , Aw ards, Orders . - Upon expiration of the period hereprovided and no appeal is perfected by any of the contending parties, the Hearing Officer of theNCIP, on its own initiative or upon motion by the prevailing party, shall issue a writ of executionrequiring the sheriff or the proper officer to execute final decisions, orders or awards of theRegional Hearing Officer of the NCIP.

Section 69. Quasi-Judicia l Powers of the NCIP . - The NCIP shall have the power andauthority:

a. To promulgate rules and regulations governing the hearing and disposition of cases filedbefore it as well as those pertaining to its internal functions and such rules and regulations asmay be necessary to carry out the purposes of this Act;

b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring theattendance 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 justdetermination 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 penaltiestherefor; 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 thecase or seriously affect social or economic activity.

Section 70. No rest ra ining Order or Prel iminary Injunct ion . - No inferior court of thePhilippines shall have the jurisdiction to issue any restraining order or writ of preliminaryinjunction 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 toICCs/IPs and ancestral domains.

CHAPTER X ANCESTRAL DOMAINS FUND

Section 71. Ancestra l Domains Fund . - There is hereby created a special fund, to be knownas the Ancestral Domains Fund, an initial amount of the One Hundred thirty millionpesos(P130,000,000) to cover compensation for expropriated lands, delineation anddevelopment of ancestral domains. An amount of Fifty million pesos (P50,000,000) shall besourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from itslotto operation, Ten millions pesos (P10,000,000) from the gross receipts of the travel tax of thepreceding 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 aswell as local funds which are made available for the ICCs/IPs through the government of thePhilippines shall be coursed through the NCIP. The NCIP may also solicit and receivedonations, 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 instrumentalitythereof.

CHAPTER XI PENALTIES

Section 72. Punishable Acts and Ap pl icable Penal t ies . - Any person who commits violationof any of the provisions of this Act, such as, but not limited to, authorized and/or unlawfulintrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commitany of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VIhereof, 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 shallbe without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. Inwhich case, any person who violates any provision of this Act shall, upon conviction, bepunished by imprisonment of not less than nine (9) months but not more than twelve (12) yearsor a fine not less than One hundred thousand pesos (P100,000) nor more than Five hundredthousand 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 havebeen suffered by the latter as a consequence of the unlawful act.

Section 73. Persons Subject to Punishm ent . - If the offender is a juridical person, all officerssuch as, but not limited to, its president, manager, or head of office responsible for their unlawfulact 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 shallinclude 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 shallcontinue 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-outupon the effectivity of this Act: Provided, further, That officials and employees of the phased-outoffices 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 bythe Placement Committee: Provided, furthermore, That in the case where an indigenous personand a non-indigenous person with similar qualifications apply for the same position, priority shallbe given to the former. Officers and employees who are to be phased-out as a result of themerger 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 equivalentnearest 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 employeeswho 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 CivilService and the Placement Committee herein created.

Section 75. Transi t ion Per iod . - The ONCC/OSCC shall have a period of six (6) months fromthe effectivity of this Act within which to wind up its affairs and to conduct audit of its finances.

Section 76. Transfer of Assets /Proper t ies . - All real and personal properties which are vestedin, or belonging to, the merged offices as aforestated shall be transferred to the NCIP withoutfurther need of conveyance, transfer or assignment and shall be held for the same purpose asthey were held by the former offices: Provided, That all contracts, records and documents shallbe transferred to the NCIP. All agreements and contracts entered into by the merged officesshall remain in full force and effect unless otherwise terminated, modified or amended by theNCIP.

Section 77. Placement Comm it tee . - Subject to rules on government reorganization, aPlacement Committee shall be created by the NCIP, in coordination with the Civil ServiceCommission, 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 reorganizedagency. The placement Committee shall be composed of seven (7) commissioners and anICCs/IPs representative from each of the first and second level employees association in theOffices for Northern and Southern Cultural Communities (ONCC/OSCC), nongovernmentorganizations (NGOs) who have served the community for at least five (5) years and peoplesorganizations (POs) with at least five (5) years of existence. They shall be guided by the criteriaof retention and appointment to be prepared by the consultative body and by the pertinentprovisions of the civil service law.

CHAPTER XIII FINAL PROVISIONS

Section 78. Special Provis ion . - 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 otherwisereclassified by appropriate legislation: Provided, That prior land rights and titles recognizedand/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 territorywhich becomes part of the City of Baguio after the effectivity of this Act.

Section 79. Appropr ia t ions . - 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. Implement ing Rules and Regulat ions . - Within sixty (60) days immediately after appointment, the NCIP shall issue the necessary rules and regulations, in consultation with theCommittees 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 andbenefits of the ICCs/IPs under other conventions, recommendations, international treaties,national laws, awards, customs and agreements.

Section 82. Separabili ty Clause . - In case any provision of this Act or any portion thereof isdeclared unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 83. Repealing Clause . - Presidential Decree NO. 410, Executive Order Nos. 122-Band 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. Effect ivi ty . - This Act shall take effect fifteen days (15) days upon its publication inthe Official Gazette or in any two (2) newspapers of general circulation.

Approved: 29 October 1997 .

Primer on Ancestral Lands andAncestral Domains Primer on Ancestral Lands andAncestral Domains

One of the bigger issues for the past couple of days is the Memorandum of Agreement (MOA) onAncestral Domain (for the Bangsamoro People in certain parts of Mindanao) between the PhilippineGovernment and the Moro Islamic Liberation Front (MILF). Petitions have been filed with the SupremeCourt assailing the validity of the MOA, so we could not really discuss it. Let‘s have a generaldiscussion on ancestral lands and ancestral domains.

Is there a Constitutional basis for ancestral domains? Yes . Section 5 of Article XII of the

Constitution provides:

The State, subject to the provisions of this Constitution and national development policies and

programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensuretheir economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or

relations in determining the ownership and extent of ancestral domain.

Is there any law which covers ancestral domains? Yes. Under Republic Act No. 8371 , also known

as ―The Indigenous Peoples Rights Act of 1997,‖ the State recognizes and promotes certain rig hts of

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Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of the

Constitution.

What is “Ancestral Domain”? It refers 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, by themselves or through their ancestors, communally orindividually 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 lands,

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 they 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. It is subject to property

rights within the ancestral domains already existing and/or vested upon effectivity of R.A. 8371 .

What is “Ancestral Land”? It 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. It is also subject to property rights within the

ancestral domains already existing and/or vested upon effectivity of R.A. 8371 .

What are the rights to Ancestral Domain? Certain rights of ownership and possession of ICCs/IPsto their ancestral domains are recognized and protected, including the right:

1. Of ownership. This includes 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.

2. To develop, control and use lands and natural resources. This includes 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.

3. To stay in the territories. No ICCs/IPs will be relocated without their free and prior informed

consent, nor through any means other than eminent domain.

4. To regulate entry of migrants. ICCs/IPs have the right to regulate the entry of migrant settlers and

organizations into the domains.











5. To claim parts of ancestral domains previously reserved for various purposes, except those

reserved and intended for common and public welfare and service.

6. To resolve land conflicts in accordance primarily with customary law.

Who has priority over natural resources within ancestral domains? The ICCs/IPs shall havepriority 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.

Do the ICCs/IPs have the righ to self-governance? Yes. ICCs/IPs have the inherent right to self-

governance and self-determination. The State respects the integrity of their values, practices and

institutions. The State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and

cultural development. 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 be compatible with the national legal

system and with internationally recognized human rights.

Are lands lands certified to be ancestral domains covered by real estate taxes? These lands

are exempt from real property taxes, special 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 or upon titling by private persons.

What are the 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 and

interpretation of laws shall be resolved in favor of the ICCs/IPs.

What is the process of delineation of ancestral domains? The identification and delineation of

ancestral domains shall be done in accordance with the following general procedure:

a. Petition for delineation. The process of delineating a specific perimeter may be initiated by the

National Commission on Indigenous Cultural Communities/Indigenous Peoples (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.

b. Delineation proper. 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.



c. 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.

d. 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.

e. 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 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 2 consecutive weeks to allow other

claimants to file opposition thereto within 15 days from date of such publication. In areas where no

such newspaper exists, broadcasting in a radio station will be a valid substitute. Mere posting shall be

deemed sufficient if both newspaper and radio station are not available.

f. Endorsement to NCIP. Within 15 days from publication, and of the inspection process, the AncestralDomains 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. The Ancestral Domains Office shall reject

any claim that is deemed patently false or fraudulent after inspection and verification.

g. Issuance of Certificate of Ancestral Domain Title (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.

h. Registration of CADTs. The NCIP shall register issued certificates of ancestral domain titles andcertificates of ancestral lands titles before the Register of Deeds in the place where the property is

situated.

What are not covered by this process? The delineanation process 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 R.A. 8371. ICCs/IPs whose ancestral lands/ domains were officially

delineated prior to the enactment of the 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.



Going Beyond The Indigenous Peoples Rights Act(IPRA) In The Philippines, Legal Rights And

Natural Resources Center/ Friends Of The Earth-Philippines

Ana Rhia T. Muhi and Judith Pamela A. Pasimio

Legal Overview of Philippine Indigenous Peoples Rights Throughout Philippine history, the political attitude towards indigenous peoples and theirrights have undergone many changes. During the colonial period, from 1521, indigenouspeoples who were not assimilated into Christianity were then called and identified as the

―non-Christian ‖ [1] or savage tribes , [2] and thus ―are the less enlightened minorities of ourpopulation ‖ [3] . Since the declaration of Philippine independence in 1898, it was only in the 1973Constitution [4] where indigenous peoples found their place in the country‘s nationalframework. The provision in the Philippine Constitution was intended to authorize specialtreatment of those Filipinos comprising the cultural minorities in the country. The clearintent, in the context of the Constitution viewed in its entirety, is to create an exception touniformity of treatment under law mandated under the standard of ―equal protection of thelaws‖ . [5] The policy of the Government was ―to inte grate into the mainstream of Philippinesociety certain ethnic groups who seek full integration into the larger community, and at thesame time protect the rights of those who wish to preserve their original lifeways beside

that larger community. ‖ [6] The ratification of the 1987 Constitution saw the change in government policy from one of

‗integration‘ to ‗recognition‘ of indigenous peoples rights. As a matter of policy, the Staterecognizes and promotes the rights of indigenous cultural communities within theframework of national unity and development . [7] To this end, the State shall protect therights of indigenous cultural communities to their ancestral lands to ensure their economic,social and cultural well-being . [8] The recognition of IP rights are, however, subject tonational development policies and programs . [9] One policy that the Philippines had not changed since its 1935 Constitution is the so-calledRegalian Doctrine. Under this doctrine, all lands of the public domains, and naturalresources are owned by the State. With the exception of agricultural lands, all other naturalresources shall not be alienated. The exploration, development, and utilization of naturalresources shall be under the full control and supervision of the State . [10] This legal doctrinerecalls the time when all titles were valid only when it could be shown that it originated froma grant or sale from the Crown, or its conceptual heir, the State. Thus, even in those rarecases where indigenous peoples communities have managed to secure documents of title totheir lands, they do not, by virtue of that title acquire ownership or control of the naturalresources found within the titled land. This problem is further complicated by the fact that

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the government‘s awards of resource rights through licenses, leases or permits, or currentproduction sharing, joint-venture or co-production agreements are given to persons, naturalor juridical, who are not residents of the area, thereby setting the stage for social conflict atthe community level . [11] The declaration of ownership of the State of all lands of the publicdomain and all natural resources, from the 1935 to the 1987 Constitution could not mean

absolute ownership simply by operation of law, as this would place such State in directcontradiction to the guarantee of due process as against actual owners, as interpretedin Cariňo . [12] Thus, despite ancestral domains being now understood as including naturalresources, the application of the laws and the interpretation of the 1987 Constitution havelimited the indigenous peoples ownership of these natural resources to mere preferentialrights to exploit, develop and use . [13] Thus, the United States Supreme Court decision in the case of Cariňo v. Insular Governmen t [14] in 1909 was a breakthrough in the recognition of indigenous peoples‘ rights to their ancestral domains. The Cariňo doctrine stated that when, as far back astestimony or memory goes, the land has been held by individuals under a claim of privateownership, it will be presumed to have been held in the same way from before the Spanishconquest, and never to have been public land. Yet, despite this pronouncement, thestruggle to gain recognition and respect for indigenous peoples rights has been long andarduous and sometimes, even fatal.To date, there is no accurate count of the number of the indigenous peoples in thePhilippines. The standard percentage that is being used to estimate is 10% of the over-allpopulation. A possible basis for this 10% is the census of 1915 conducted by the US colonialgovernment, which was published in 1916. In this document, the counts of the populationdescribed as ― tribos independientes ‖ ―infieles ‖ and the like constituted around 10% of thetotal population in the Philippines atthat time . [15]

The government uses pecentage higher than 10% (13%-15%), though there is no clearbasis of this percentaging as well. This is a clear indication of the level of serious interestthe government has in identifying the Indigenous Peoples, and the lack of programmaticapproach in identifying the various forms of discrimination they experience – the lack of basic services and appropriate economic development projects, the overlapping of almosttwo-thirds of extractive projects with ancestral territories, and the state of poverty of indigenous communities. Indigenous peoples are also victims of continuous and systematichuman rights violations, including community displacement, torture and extrajudicialkillings.

Over generations, the indigenous peoples have been engaged in various forms of struggles

– organizing into community organizations, to national formations representing differentindigenous communities; there were groups who were part of the armed struggle, therewere intense international solidarity work, and there were those who engaged thegovernment and got involved in policy advocacy work. There were groups, the IndigenousPeoples groups and the advocates, who were strategically involved in all of these forms of struggle, at different levels and intensity.























The struggle to have a law that recognized indigenous peoples rights to their lands was notan easy one. At first, the draft law that was submitted to Congress sought to remove fromthe public and private commercial domain the lands of indigenous peoples. At that time,different indigenous organizations were consulted. The dictator Marcos was just overthrown,and it was under the Presidency of Corazon Aquino when the draft law was first submitted.

While the draft was still pending, an administrative order was issued by the Department of Environment and Natural Resources that recognized claims by communities, and thus, theirterritories were delineated from other lands.

The Promises of IPRA In 1997, after ten years of lobbying and campaigning, the Indigenous Peoples Rights Act(IPRA) was passed by the Philippine Congress. The IPRA was meant to be a correctivelegislation, meaning, it sought to address historical injustices perpetuated againstindigenous peoples, and thus contained four significant aspects: (1) the articulation of therecognition of the right to self-governance; (2) the recognition of the bundle of rights heldby indigenous peoples, (3) the establishment of a process for the formal recognition of land

rights through the introduction of the Certificate of Ancestral Domain Title (CADT) orCertificate Ancestral Land Title (CALT); and, (4) the establishment of the NationalCommission on Indigenous Peoples (NCIP), the agency mandated to protect the interest of indigenous peoples. The IPRA more importantly , ―translated‖ and applied into law theSupreme Court‘s decision in Carino and the recognized the legality of native titles.

Expanding this list, IPRA therefore provided, first, the articulation of numerous rights thatshould be afforded to indigenous peoples, which includes:

1. right of ownership over land and natural resources;

2. right to develop lands and natural resources;

3. right to stay in territories;

4. right in case of displacement;

5. right to regulate the entry of migrants;

6. right to safe and clean air and water;

7. right to claim parts of reservations;

8. right to resolve conflicts;

9. right of redemption;

10. freedom from discrimination in labor;

11. freedom from conflict,

and many more.



This list of rights, as well as other rights found in different laws, have been used bycommunities and non-government organizations to protect indigenous peoples rights fromencroachment. In this way, IPRA was a sentry that delayed or hampered the entry of unwanted projects into ancestral territories.

IPRA was also the only legislation that specifically provided for the right of indigenouspeoples to determine their own development, even if there was a qualification in the 1987Constitution that such development of communities must be in accordance with nationaldevelopment. The law specifically states ―The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity of theirvalues, practices and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.‖ Ideally, thiswould mean that indigenous peoples do not only have the power to participate in decision-making processes of the State, but going beyond that, they themselves have the power todetermine the fates of their territories and their lives.

Another introduction of the IPRA that remains to be used as a strategy to secure landsecurity is the establishment of a formal system that will recognize ancestral territories.Though in the past land laws in the Philippines, reference is made to the territories of cultural minorities, these laws have always given restrictions on ownership onterritories . [16] Some land laws do not even recognize indigenous ownership, instead,considers the land as part of agrarian reform or resettlement reservations. Others wouldimpose limits on the size and expanse of ownership. With IPRA, communities can apply for aformal title that can be as much as tens of thousands of hectares, as long as the communitycan prove time immemorial possession.

The last, and maybe the most controversial element, of IPRA is the creation of the NationalCommission on Indigenous Peoples or NCIP. The NCIP has the mandate to protect andpromote the rights of communities. It has the power to formulate policies and regulationsfor the proper implementation of IPRA. It was supposed to be an independent agency whosemembers were representatives of indigenous peoples themselves. It also had the power todetermine cases that involved indigenous peoples.

The passage of IPRA was indeed historical. It is a progressive law, moving away from theregalian doctrine – the state control and ownership of land and other resources. Thus, IPRAreceived broad support, with a lot of indigenous communities and advocates being hopefulthat this law can actually have positive impacts on the lives of the indigenouscommunities. There were, some, however, who remained cynical and suspect of how this

law, a product of long and hard negotiations and compromises, can actually effectmeaningful and fundamental changes in the political, economic and social conditions of theindigenous peoples.

Challenges In the course of its lifetime, the IPRA has met some very serious challenges, one of whichwas the contest to its constitutionality filed by a former Supreme Court Justice. A year afterits passage, in 1998, Justice Isagani Cruz claimed that the IPRA was contrary to the







Regalian Doctrine contained in the Philippine Constitution, specifically because the IPRAstates that indigenous peoples own the natural resources found within their territories. TheSupreme Court reached a split decision in the case in December 2000. And by virtue of thisruling deadlock, the IPRA remained to be constitutional. It is the position of ourorganization, however, that it is not IPRA that is at the core of this case. Nor the rights of

indigenous peoples, as these rights have not ceased to exist, and are only awaiting society‘sability to recognize them. What is on trial was the willingness of the State and its people tofinally rid themselves of prejudices and misplaced fears . [17]

Aside from this legal challenge, IPRA faces other challenges which can be categorized intotwo: that at the policy-level, and at the implementation level.

At the policy level, government has issued a number of administrative regulations on theimplementation of IPRA. As the years pass, we have seen in particular, the executivedepartment systematically watering down the rights of indigenous peoples, especially thatof the right to self-determination.

Part and parcel of the right to self-determination is the right to free, prior, and informedconsent (FPIC). Since 1997, the National Commission on Indigenous Peoples or NCIP hasrevised the rules on FPIC twice, with the underlying objective to make the entry of extractive projects easier and faster. The 2006 FPIC Guidelines, for example, was issued togive way to the commitments made under the Mineral Action Plan of the Philippines,facilitating the rapid and easy entry of mining projects in ancestral domains through the so-called harmonization of IPRA with the Philippine Mining Act of 1995. In fact, as of February2008, almost 60% of projects that have required FPIC were mining projects, thus, makingmining a very relevant issue for communities.

The government has even further provided for sub- categories within the indigenous peoples‘ sector that has resulted to more discrimination. FPIC, for example, is not a right that isafforded to all indigenous peoples. Immigrant IPs, by default, are not afforded FPIC, for thesimple reason that they cannot claim the land as their ancestral territories. Such is thestruggle of the Ifugaos in Didipio, Nueva Vizcaya, when their FPIC was not taken upon theentry of a mining project by the simple fact that they are immigrants.

Meanwhile, despite the introduction of the CADT/CALT as mere paper or formal recognitionof indigenous right to land, indigenous peoples still suffer from tenurial insecurity. This ispartly due to the fact that there is either a real or perceived conflict of land laws andpolicies, and most often than not, these laws and policies are interpreted in favor of bigbusinesses, the rich, and the powerful — despite IPRA‘s requirement that ‗any doubt orambiguity in the application of laws shall be resolved in favor of the indigenouscommunities. ‘ [18] . Throughout Philippine history, various land laws were passed that resulted to a systematictaking of ancestral territories. The underlying cause of such laws was to rid government andtransnational corporations of communities that were roadblocks to more profit. As Prof.Owen Lynch [19] pointed out, land laws were passed during the American era because, ―Taftand Worcester were, first and foremost, eager to lure capital into the colony. They believed














that this required them to have total control over the allocation of legal rights to naturalresources. The key elements of their hidden agenda were to keep the estimates of ―public‖ land occupants low and ensure that the processes for recognizing and allocating legal rightsto land resources were inefficient and bureaucratically cumbersome. Section VI of the PLA(Public Land Act) went even further. It provided the regime with a mechanism for rolling

back recognition of private rights granted during the Spanish era for failure to secure ‗proper official records or documents‘ or to comply with necessary conditions [CA 141, Sec.54, par. 8].‖ Thus, these laws mandated that failure for communities to register or file aformal claim over these lands would operate as a loss of real rights by virtue of prescription.Ancestral territories were thus, with one stroke of the pen, have been classified asforestlands, protected areas, agricultural lands or mineral lands, depriving communitiestheir right to due process. The strategy employed by our colonizers to take lands of communities has unfortunately been used up until present by the Philippine government.

Registration, which is a foreign concept for indigenous peoples, has been unfortunatelyprojected by different groups to be equivalent to land security, when the same has been

shown to be seldom true. The Subanons of Mt. Canatuan, in Zamboanga del Norte wereamong the first communities to be issued a CADT in 2003. The instrument, however, wasonly registered in 2008. Despite the existence of the CADT, their leaders could not evenenter his own lands because of the operations of TVI Resource Development, Inc., thesubsidiary of Canadian TVI Pacific Inc. The Subanons have brought their case in 2007 to theUnited Nations Committee on the Elimination of Racial Discrimination for redress, failing toget any from domestic remedies.

The lack or absence of appropriate legal mechanisms for indigenous peoples to regain theirlands has also greatly limited the ‗corrective‘ characteristic of IPRA. This is added to the factthat IPRA mandates indigenous peoples to respect ‗vested‘ titles, with the burden of proof to

prove otherwise on these poor communities. The struggle for recognition of ancestraldomain has been bureaucratized – reduced to paper submissions, fulfillment of forms andchecklists.

Judicial rulings have also glaringly favored the interests of the mineral industry over thoseof indigenous peoples‘, which have been labeled as ―parochial‖ claiming that mining is anindustry for the public‘s benefit . [20] Customary laws, meanwhile, remain to be at theoutskirts of the legal fora, waiting for recognition from the legal community.

These are only some of the policy issues that continuously plague indigenous peoples. Theimplementation of IPRA is altogether a different matter.

Government claimed that the constitutional challenge to IPRA greatly delayed theimplementation of the law. It uses this reason as an excuse for the numerous criticisms onthe delay in the delivery of services and delineation of ancestral territories. For example,ancestral territories are estimated to cover 7.5 million hectares out of the 30 millionhectares that make up the Philippines. After eleven years since the passage of IPRA, as of May 2009, only 38% of these territories were delineated, representing 107 CADTs and 207CALTs. Out of these 107 CADTs, only 24 have been formally registered.







It has come to a point that communities themselves have questioned the relevance of theNational Commission on Indigenous Peoples (NCIP), the institution that was createdsupposedly to protect the rights of indigenous peoples. NCIP has recently been called asinutile and self-serving . [21] Some groups and communities have called for the abolition of the agency because of the real and perceived corruption of some of its officers and workers.

It has time and again been criticized as toeing the line of transnational corporations,implementing the law differently in different communities, depending on the demands of these corporations. NCIP, in the cases of the Mangyans in Mindoro and the Subanons of Zamboanga del Norte, among many others, have created non-traditional leadershipstructures to ensure the entry of mining.

The NCIP itself, on one hand, has made it easy for transnational corporations to exploitindigenous communities, while on the other, made it difficult for communities to secure theirterritories and to access justice. It has issued regulations that are difficult, unwieldy andalmost impossible for communities to comply with. The regulations that are supposed tofacilitate the enjoyment of communities to their rights are the same ones that hamper and

hinder community development. Some of these regulations would include the Rules onPleadings and Practices, the Delineation of CADTs/CALTs, and the FPIC Guidelines.

The NCIP has been shown also to be weak in asserting its political will. As an agency thathas been tossed around the bureaucracy for a number of times, first being attached to theOffice of the President, then to the Department of Agrarian Reform, then to the Departmentof Environment and Natural Resources, then back again to the Office of the President, it hasnot proven its integrity and independence on issues that challenge the jurisdiction of othergovernment offices, despite the fact that IPRA has already given primary jurisdiction to theNCIP . [22]

These things are all made possible because it is evident in the law that, not only does its

implementation depend on the initiatives of the NCIP, but it has made the NCIP a superbodywhich enjoys not only executive powers, but also quasi-legislative and quasi-judicial as well.

The challenges that communities face with regard to the implementation and interpretationof the law comes from the fact that they hold the key to so-called national development. Asmentioned earlier, development projects overlap with about 60% of ancestral territories;and, in a country that offers unabashedly its natural resources for investments, it does notwish to compromise the economic opportunities that foreign investments bring because of something as simple as the free, prior and informed consent.

Strategies

Despite the weaknesses of the law, civil society has nevertheless tried different strategies toprotect the rights of indigenous peoples – some of which did not necessarily involve the useof IPRA, but instead, the other spaces for engagement and participation. Change isconstant, and therefore, more often than not each situation calls for a different strategy anduse of the tools that are available.











We have used different strategies to either push for change or protect the rights of communities by maintaining the status quo. We have engaged the local government units,the national government, and the international forum. We have issued statements, positionpapers and critiques on executive orders. Recently, we have filed a draft law in Congress onthe mineral industry to take the place of the current mining law. We have also filed policy-

determining cases before the courts to challenge unjust policies and laws. Interestinglyenough, though, we have not filed a case that used the IPRA.

Movement building remains to be an important component in any advocacy. Thus, we needto network and campaign to maximize the efforts of all the groups concerned.

Moving forward

What are some of the lessons that we have learned from the passage of IPRA?

First, IPRA, though progressive, was far from a perfect law. There are so many communitystories which tell the tale of NCIP or the IPRA being used to facilitate the violation of

indigenous peoples rights. For some, IPRA became the instrument by which rights weremanipulated to suit the demands of the global market for raw materials. The formalprocesses that IPRA introduced became the same processes that were used to violateindigenous peoples rights while legitimizing the encroachment of big businesses – something that has not changed since Spain settled on our lands. This was possible becauselaw is susceptible to as much as many people that would want to interpret it and use it fortheir benefit.

Second, the institution that IPRA created, the NCIP, was not so different from theinstitutions that it abolished because it was composed of the same people and thus used thesame culture of corruption and bureaucracy.

Third, the IPRA, though it contained a long list of rights and provisions which sought toprotect the rights of the communities, was hardly used in cases before the courts. Instead,other laws were used to challenge violations of indigenous peoples rights.

Fourth, the titling and registration of lands sometimes distracted the communities inachieving genuine land security.

Fifth, community cohesion and organization has achieved more ground than the merepassage of the law. We have seen communities assert their rights with or without IPRA, andinstead have looked at laws as only part and parcel of the political context.

And finally, the advocacy of indigenous peoples rights do not end with the passage of a law.It is a continuous struggle to rid our countries the discrimination introduced by colonizers. Itis about changing mindsets and prejudices.

For us from the Legal Rights and Natural Resources Center, we have always seen the law aseither a tool of opportunities or challenges – and the IPRA is no different from other laws.The law and its implementation, are, after all, influenced by the political, socio-economic



context of a country. In the words of Dean Marvic Leonen, one of the founders of theCenter, ―The IPRA, perhaps even if fully implemented, could not be the last word on therecognition of IP rights. Writing and legislating policy has been significant but definitely notenough for the communities that still struggle for genuine recognition, and full andauthentic participation. In the end, it is our collective ability to reflect and act on our

experiences that will really matter. ‖ [23] The IPRA has definitely been used for the good andfor the bad by different parties, as is the nature of law.

Thus, after more than a decade from the passage of IPRA, it is timely that a comprehensiveassessment be made on IPRA. It is imperative that we hear the experiences, reflectionsand lessons from the communities who actually engaged and used the law in their assertionof rights, as well as from those who have maintained distance from the law and havecontinued in their struggle for their land, and against encroachment. For us advocates, it iscritical at this juncture that we take a deep breath and look – how has the law beenrelevant to the lives of the communities? How has the law been able to correct the historicalinjustices it meant to address? Or has there been too much hope pinned on a law, when we

all know that the passage of IPRA does not automatically translate into justice and change,instead, it is the collective struggle, at the community level all the way at the national levelthat achieves justice and catalyze fundamental changes in the lives of the indigenouspeoples, and in our societies.

Thank you.

[1] Rubi vs. Provincial Board of Mindoro (39 Phil. 660) [1919]. [2] Cariňo v. Insular Gov‘t. supra. [3] Felwa v. Salas, [4] Art. XV, Section 11. The State shall consider the customs, traditions, beliefs, andinterests of national cultural communities in the formulation and implementation of statepolicies.[5] Fernandez, Perfecto. ―The Legal Recognition and Protection of Interests in AncestralLands of Cultural Communities in the Philippines,‖ Human Rights and Ancestral Land: ASource Book, 1983.[6] Section 1, Presidential Decree 1414.[7] Section 22, Art. II, 1987 Constitution.[8] Section 5, Art. XII, 1987 Constitution.[9] Id.[10] Section 1, Art. XII, 1987 Constitution.

[11] Gatmaytan, Gus, ―Land R ights and Land Tenure Situation of Indigenous Peoples in thePhilippines,‖ Philippine Natural Resources Law Journal, Vol. 5, No. 1, August 1992. [12] A Divided Court: Case Materials from the Constitutional Challenge to the IPRA of 1997”, p.14.[13] Section 57, IPRA.[14] 212 U.S. 449 (1909)[15] Interview with Ms. Theresa Guia-Padilla, an anthropologist, ANTHROWATCH, October15, 2009.




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[16] Public Land Act of 1919, Public Land Act of 1936, Commonwealth Act No. 141.[17] Of Prejudiced Dispossession (statement of LRC on Cruz petition), 1999.[18] IPRA Sec. 63. Applicable Laws.- Customary laws, traditions and practices of theICCs/IPs of the land where the conflict arises shall be applied first with respect to propertyrights, claims and ownerships, hereditary succession and settlement of land disputes.

[19] Invisible Peoples and a Hidden Agenda: The Origins of Contemporary Philippine Land Laws (1900-1913), Philippine Law Journal, Vol 63, p. 249-320 (1988).[20] La Bugal- B‘laan Tribal Association, Inc. v Ramos, G.R. No. 127882. December 1,2004, DESAMA, et. al. vs. Gozun et. al, G.R. No. 157882, March 30, 2006 .[21] Civil society organizations under the leadership of the Episcopal Commission onIndigenous Peoples recently disengaged in a FPIC Guidelines review process, citing thesereasons for doing the same.[22] Section 55(i) of IPRA.[23] A Study in Political Compromise, Philippine Natural Resources Law Journal, Vol. 4, No.2, 2001.























