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Office of the Southern Cultural Communities

Administrative Order No. ___

Series of 2012

RULES AND REGULATIONS IMPLEMENTING MUSLIM MINDANAO

AUTONOMOUS ACT 241, OTHERWISE KNOWN AS

“TRIBAL PEOPLES’ RIGHTS ACT”

PRELIMINARY STATEMENT

Pursuant to the provisions of Muslim Mindanao Autonomy Act No. 241, otherwise

known as “An Act to Recognize, Respect, Protect and Promote the Rights, Governance and

Justice Systems, and Customary Laws of the Indigenous Peoples/Tribal Peoples of the

Autonomous Region in Muslim Mindanao,” the following rules and regulations are hereby

promulgated for the information, guidance and compliance of all concerned parties.

Article III of the Expanded Organic Act of the Autonomous Region in Muslim Mindanao

(or RA 9054) provides that the beliefs, customs and traditions of the people in the Autonomous

Region shall be recognized, protected and guaranteed. The Regional Assembly shall adopt

measures to ensure mutual respect for and protection of their distinct beliefs, customs and

traditions. The regional government shall ensure the development, protection and well-being of

all indigenous tribal communities.

Muslim Mindanao Autonomy Act No. 241 was enacted as an enabling law of the basic

provisions of the ARMM Organic Act or RA 9054, specifically, Section 3 (Sectoral

Representatives) of Article IV; Sections 19 (Tribal Courts), 20 (Customary Law) and 21

(Application and Interpretation of Laws) of Article VII; Sections 1-8 of Article X (Ancestral

Domain, Ancestral Lands and Agrarian Reform); Section 2 (Urban and Rural Planning and

Development) of Article XI; and Sections 5 and 14 of Article XII. In furtherance, the Office for

Southern Cultural Communities hereby promulgated the subject implementing rules and

regulations in consultation and coordination with the concerned government agencies, sectors

and stakeholders.

RULE I. PRELIMINARY PROVISIONS

Section 1. Title. – These rules shall be known and cited as “The Rules and Regulations

Implementing the Tribal Peoples Rights Act And Providing Funds Thereof.”

Section 2. Purpose. – These rules are hereby promulgated to prescribe the procedures

and guidelines for the implementation of Muslim Mindanao Autonomy Act No. 241, otherwise

known as the “ Tribal Peoples Rights Act”, in order to facilitate compliance therewith, to fulfill

the provisions of Indigenous Peoples Rights Act and RA 9054 relating to the rights of

Indigenous Peoples and achieve the objectives thereof.

Section 3. Coverage. - These rules shall apply to all members of the indigenous cultural

communities, indigenous peoples and tribal peoples within the Autonomous Region in Muslim

Mindanao, which include the Teduray, Lambangian, Dulangan Manobo, Blaan, Higaonon, and

other indigenous and tribal peoples as well as indigenous cultural communities that may be

identified subsequently by the National Commission on Indigenous Peoples (NCIP) or Office for

Southern Cultural Communities (OSCC).

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Section 4. Declaration of Policy. – The Autonomous Regional Government reaffirms

the policies embodied in the Philippine Constitution, Indigenous Peoples Rights Act , Republic

Act No. 9054 and other existing special laws recognizing indigenous peoples rights and

international treaties, agreements, covenants and declarations concerning indigenous peoples. It

is hereby declared the policy of the Autonomous Regional Government to recognize, respect,

promote, preserve and protect the rights of the indigenous cultural communities, indigenous

peoples and tribal peoples within the framework of national and regional unity and development.

Towards this end, it shall preserve and develop their cultures, traditions and institutions protect

their inherent right to self-governance and integrity of their values, practices and institutions.

Furthermore, the Autonomous Regional Government shall protect their rights to their ancestral

domain to ensure their economic, social and cultural well being. It shall guarantee the right of

indigenous peoples to freely pursue their economic, social and cultural development and

establish the means for their empowerment.

Section 5. Guiding Principles. – The following operating principles shall be adopted in

the implementation of the policies under these rules:

a) Equity and Justice. In relation to the search for harmonious relationships of all

segments of the ARMM society to enhance regional unity, the principles of equity

and justice to which the indigenous communities adhere, provide an essential

basis for the full development of said communities.

b) Law and Order. The establishment and enforcement of indigenous justice

systems of the tribal or indigenous peoples or communities redound to the

attainment of a more ordered life among these communities. The consideration of

their customs, beliefs and interests in the formulation and implementation of

policies promotes the advancement and effective participation of these

communities in the building of the society.

c) Ethno-linguistic Development. The satisfaction of the requirements of regional

solidarity and social justice entails the strengthening of all the ethno-linguistic

communities within the context of their respective ways of life in order to bring

about a sustainable ethno-linguistic development.

d) Unity Out of Cultural Diversity. The diversity of cultures, traditions, beliefs,

and aspirations of indigenous peoples shall be encouraged and fostered in

openness, mutual respect for, and active defense of the equal and inalienable

dignity and universal, indivisible, interdependent and interrelated rights of every

human being, in the spirit of inter-people cooperation.

e) Dialogue and Consensus. In resolving conflicts or disputes affecting or

pertaining to indigenous peoples, any determination or decision thereon shall be

reached through dialogue and consensus, as far as practicable.

f) Human Dignity. The inherent and inalienable distinct character, sacred human

dignity and unique identity of indigenous peoples shall be respected.

Section 6. Construction and Interpretation. – The primary sources of the customary

laws of the indigenous or tribal peoples and indigenous communities shall be considered in the

construction and interpretation of the provisions of Muslim Mindanao Autonomy Act No. 241

and these rules.

Specifically, the following ruling shall apply:

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a) In case of ambiguity or doubt as to the interpretation of the provisions of MMA

Act No. 241 and these rules and regulations, the same shall be resolved in favor of

the ICCs/IPs/TPs.

b) In the application of the pertinent provisions of MMA Act No. 241 including

these rules in relation to other laws, either national or regional, the integrity of the

ancestral domains, culture, tradition, practices and customary laws of the

ICCs/IPs/TPs shall be considered and afforded utmost regard.

c) In resolving disputes involving ICCs/IPs/TPs, the primacy of customary laws

shall be upheld.

d) The customs and traditions of the concerned ICCs/IPs/TPs shall be resorted to in

the resolution of controversies arising under MMAA 241 or these rules.

e) The construction and interpretation of any provision of MMAA 241 and these

rules shall not in any manner adversely affect the rights and benefits of the

ICCs/IPs/TPs under national or regional laws, international laws, treaties,

conventions and agreements.

RULE II. Definition of Terms.

Section 1. Definition of Terms. For purposes of these Rules and Regulations the

following terms shall mean:

a) Ancestral Domains refer to all areas generally belonging to ICCs/IPs/TPs,

comprising lands, inland waters, coastal areas, and natural resources therein, held

under a claim of ownership, occupied or possessed by ICCs/IPs/TPs by themselves or

through their ancestors, communally or individually since time immemorial,

continuously to the present, except when interrupted by war, force majeure or

displacement by force, deceit, stealth, or as a consequence of government projects or

any voluntary dealings entered into by the government and private

individuals/corporations, and which are necessary to ensure their economic, social

and cultural welfare, and which 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/TPs, but from which they traditionally had access to, for their

subsistence and traditional activities, particularly the home ranges of ICCs/IPs/TPs

who are still nomadic and/or shifting cultivators.

b) Ancestral Lands refer to lands within the ancestral domains already existing,

occupied, possessed and utilized by individuals, families and clans who are members

of the ICCs/IPs/TPs since time immemorial, by themselves or through their

predecessors-in-interest, under claims of individual or traditional group ownership,

continuously, to the present except when interrupted by war, force majeure or

displacement by force, deceit, stealth, or as a consequence of government projects

and other voluntary dealings entered into by government and private

individuals/corporations, including, but not limited to, residential lots, rice terraces or

paddies, private forests, swidden farms and tree lots.

c) Customary Laws refer to a body of written or unwritten rules, usages, customs and

practices traditionally observed, accepted and recognized by respective ICCs/IPs/TPs.

d) Free and Prior Informed Consent. This refers to the consensus of all members of

the ICCs/ IPs to be determined in accordance with their respective customary laws

and practices, free from any external manipulation, interference and coercion, and

obtained after fully disclosing the intent and scope of an activity, in a language and

process understandable to the community.

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e) Indigenous Cultural Communities/ Indigenous Peoples/Tribal Peoples

(ICCs/IPs/TP’s) refer to a group of people or homogenous societies identified by

self-ascription and ascription by others, who have continuously lived as organized

community on communally bounded and defined territory, and who have, under

claims of ownership since time immemorial, occupied, possessed and utilized such

territories, sharing common bonds of language, customs, traditions, and other

distinctive cultural traits, or who have, through resistance to political, social and

cultural inroads of colonization, non-indigenous religions and cultures, became

historically differentiated from the majority of Filipinos, which shall, likewise,

include peoples who are regarded as indigenous on account of their descent from the

populations which inhabited the country, at the time of conquest or colonization or at

the time of inroads of non-indigenous religions and cultures or the establishment of

present state boundaries who retain some or all of their own social, economic, cultural

and political institutions, but who may have been displaced from their traditional

domains or who may have resettled outside their ancestral domains.

f) Indigenous Political Structure refers to organizational and cultural leadership

systems, institutions, relationships, patterns and processes for decision making and

participation identified by ICCs/IPs/TPs such as, but not limited to, Council of Elders,

Council of Timuay and Datus, or any other tribunal or body of similar nature.

g) NCIP refers to the National Commission for Indigenous Peoples

h) OSCC refers to Office for Southern Cultural Communities.

i) Self-Governance refers to the right of ICCs/IPs/TPs to pursue their economic, social

and cultural development; promote and protect the integrity of their values, practices

and institutions; and determine, use and control their own organizational and

community leadership systems, institutions, relationships, patterns and processes for

decision making and participation.

j) Time Immemorial refers to a period of time when as far back as memory can go,

certain ICCs/IPs/TPs are known to have occupied, possessed and utilized a defined

territory devolved to them, by operation of customary law or inherited from their

ancestors, in accordance with their customs and traditions.

RULE III. Recognition of Rights. – The Autonomous Regional Government shall recognize

and promote the rights of ICCs/IPs/TPs provided under the Philippine Constitution, IPRA,

Special Laws, UN Declarations, Treaties and International Agreements that include specifically,

among others, the following:

Part I. Right to Self-Determination/ Self-Governance

Section 1. Recognition of Indigenous Justice System, Conflict Resolution Institutions

and Peace Building Processes. The ICCs/IPs/TPs 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 as may

be compatible with the national legal system and other internationally recognized human rights.

Section 2. Protection of Indigenous Political Structures. The ICCs/IPs/TPs shall have

the right to determine and decide their own priorities for development and to maintain and

develop their own indigenous political structures. Upon determination of priorities for

development, the ICCs/IPs/TPs shall submit plans with corresponding budget to the OSCC for

approval.

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The OSCC shall provide guidelines and procedures for the submission and approval of assistance

to priority development projects. The OSCC shall set guidelines in the implementation,

monitoring and evaluation and progress updating of such priority projects.

Section 3. Right to Ancestral Domain/Land. As part of the recognition of the rights to

self-determination and self-governance, the Regional Government shall undertake measures to

recognize the rights of the indigenous peoples to their ancestral domain/land. Indigenous cultural

communities/indigenous peoples/tribal peoples can file petition for certificate of ancestral

domain/land claims (CADT/CALT) to the OSCC.

Legitimate titles secured under the Torrens System shall be respected. No portion of the

ancestral domain/ancestral land shall be open to resettlement by non-members of the

indigenous cultural communities.

Section 4. Participation in Project Implementation Over Ancestral Domains. The

ICCs/IPs/TPs shall be afforded full participation in all decisions related to their ancestral

domains, and for this purpose, shall have the right to have free prior and informed consent on

matters related to the formulation and implementation of any government or private project

that will affect their ancestral domains and shall receive just and fair compensation for any

damages which they sustain as a result of the project. The OSCC shall facilitate the conduct of

the appropriate consultation on the matter. It shall be conducted within the affected area of the

ICCs/IPs/TPs. The consent of the ICCs/IPs/TPs concerned shall be mandatory prior to any

intervention or project/program implementation.

Once the consent to the project is given, the ICC/ IP community concerned shall be entitled to

royalty fees derived from the income of any project that is established within the territory of

the ICCs/IPs subject to a memorandum of agreement.

The following documentary requirements must be submitted first by the contractor or project

implementor to the appropriate agency of the government before any said project or program in

specified area of the ancestral domain shall be started:

a) Affidavit of Payment by the contractor or project implementor stating among

others that corresponding remuneration has been given to the concerned for the

damages sustained in view of the project, if there is any. In the event that there is

no such damage, this requirement shall not apply;

b) Certification from the OSCC attesting to the fact that a consultation for the

purpose was conducted and that it was conducted in the affected area of the

ancestral domain; and

c) Affidavit of Consent to be executed by the concerned ICCs/IPs/TPs through their

head or chieftain affirming to the implementation of any project or program in

their ancestral domains.

Section 5. Determination of Priorities for Development. The ICCs/IPs/TPs shall have

the right to determine and decide on their priorities for development especially those affecting

their beliefs, institutions, ownership and spiritual well-being. They shall participate in the

formulation, implementation and evaluation of policies, plans and programs for regional and

local development which may directly affect them.

a) They shall actively promote sustainable indigenous agricultural practices while

intensifying food production in order to achieve staple food sufficiency and ensure

food security;

b) develop their capacity to strengthen food production systems;

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c) diversify the livelihood activities in order to ensure food security;

d) identify and protect respective market niches for selected produce from indigenous

communities; and,

e) recognize and advance the role of indigenous women as co-stewards in ensuring

food and livelihood security

Section 6. Preservation and Protection of Culture and Indigenous Institutions. It

shall be the right of the ICCs/IPs/TPs to preserve and protect their culture, traditions and

indigenous institutions. The Autonomous Regional Government shall consider these rights in

the formulation and application of regional plans and policies.

Section 7. Preservation and Practice of Cultural Sites and Ceremonies. The

ICCs/IPs/TPs shall have the right to manifest, practice, develop and teach their spiritual and

religious traditions, customs and ceremonies, to maintain religious and cultural sites, to control

ceremonial objects, and to repatriate human remains. To ensure the preservation and protection

of indigenous sacred places as well as burial rites, the following shall be considered unlawful:

a) Exploration or excavation of archeological sites of the ICCs/IPs/TPs for the

purpose of obtaining materials of cultural value without the express, free and prior

informed consent of the community concerned; and

b) Defacement or removal of artifacts which are of great importance to the

ICCs/IPs/TPs for the preservation of their cultural heritage.

Section 8. Freedom of Religion, Customs and Traditions. The Autonomous Regional

Government shall ensure the development and well-being of all indigenous tribal communities

including the right to practice and revitalize their own cultural traditions, indigenous beliefs and

customs as well as the free exercise of their religions.

Part II. Right to Equal Treatment, Participation and Non-Discrimination

Section 1. Freedom from Any Form of Discrimination and Right to Equal

Opportunity and Treatment. It shall be the right of the ICCs/IPs/TPs to be free from any form

of discrimination. They shall enjoy equal opportunities for admission to employment, medical

and social assistance, safety and other occupationally-related benefits, redress of grievances, fair

recruitment systems, protection against sexual harassment and other opportunities and privileges

available under applicable laws.

Section 2. Equal Protection of Laws. The Autonomous Regional Government shall, in

due recognition of their distinct characteristics and identity, accord to the members of the

ICCs/IPs/TPs the rights and privileges enjoyed by the rest of ARMM populace. It shall extend to

them the same employment rights, opportunities and basic services including equal access to

quality education, subject to any affirmative action or special measures that may be taken by the

national, regional or local governments in the future, in favor of the Moro or the ICCs/IPs.

Section 3. Mandatory Representation to Policy Making Bodies. The Autonomous

Regional Government shall ensure the full participation of ICCs/IPs/TPs in all levels of decision-

making over matters affecting their rights and welfare through procedures determined by them,

in the formulation, implementation and evaluation of programs, plans and policies for regional

and local development. They shall be given mandatory representation in legislative bodies in all

levels of local government units in areas where they are present.

Section 4. The Rights and Role of IP Women. The respective Indigenous Political

Structures, pursuant to Rule III, Part I, Section 2 this IRR, shall recognize, respect, protect and

promote the rights of indigenous women. It shall:

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a) Ensure participation of indigenous women and facilitate the formulation,

incorporation and implementation of programs to meet the needs on the important and

distinct role of indigenous women such as IP women arbiters, traditional birth

attendants, healers/ritualists to conflict management and resolution.

b) Review customary practices of imposing conditions that are highly unfavourable and

disadvantageous to women as a means of settling disputes on VAWC cases and other

heinous crimes, such as the amicable settlement of rape in IP communities, through

massive awareness and education campaign.

c) Provide opportunities for IP women and girls to develop leadership skills and ensure

their significant participation in the strengthening of tribal governance.

Part III. Rights during Temporary Relocation and Return to Territories

Section 1. Temporary Relocation as an Exceptional Measure. No ICCs/IPs/TPs shall

be relocated without their free and prior informed consent. Relocation or displacement as an

exceptional measure or as a result of calamity or catastrophe shall only be temporary. They

shall have the right to return to their ancestral domain as soon as the grounds for such relocation

cease to exist, and shall have the right to be compensated for damages sustained as a

consequence of the relocation.

Temporary relocation is an exceptional measure if, after exhausting all legal remedies, it stands

as the only option to avoid loss of lives, and to safeguard the health and safety of the populations

affected. Temporary relocation shall generally occur as a result of force majeur, natural

calamities or catastrophes.

Where temporary relocation is determined by the ICC/IP concerned, in consultation with the

OSCC and other appropriate government agencies as an exceptional measure, the concerned

government agencies shall provide the affected ICCs/IPs with habitable relocation sites and

adequate shelter, food, and other basic services, as well as livelihood opportunities to ensure that

their needs are effectively addressed.

Section 2. Right to Return to Ancestral Domain. When the reason for the relocation

ceases to

exist as determined by the ICCs/ IPs in consultation with appropriate government agencies, the

ICCs/ IPs shall have the right to return to their ancestral domains.

Section 3. Rights in Case of Permanent Relocation/ Displacement. Should the

conditions for their return pose grave and long-term risks for the displaced ICCs/ IPs, and

normaly and safety of the previous settlements are irreversibly lost, the displaced ICCs/ IPs shall,

upon their Free and Prior Informed Consent, be accorded the following:

a) Relocation to a site, which shall, in all possible cases, be of equal quality and legal

status as that previously occupied, and shall be suitable to provide for their present

needs and future development;

b) Security of tenure over lands to which they shall be resettled or relocated; and

c) Compensation for loss, injury or damage as a consequence of such relocation or

displacement

Section 4. Right to Compensation. Should the ICCs/ IPs sustain any damages on any

project that would be implemented within their ancestral domains, damages must be paid

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therefore compensation for loss, injury or damage as a result of relocation shall be obtained

through the following procedures:

a) Who May File. The following shall be entitled to compensation:

1. Any member of ICCs/IPs/TPs in the event of loss of life, injuries or damage to

property;

2. Concerned ICCs/IPs/TPs elders or leaders representing their communities, in case

of damage to burial grounds, worship areas, hunting grounds or any other parts or

communal structures within the ancestral domains; or

3. The OSCC may, in its own initiative, file the claim for loss, injury or damage for

and in behalf of the ICCs/IPs/TPs.

b) Notification to OSCC. In case the claim is filed by the affected ICCs/IPs/TPs, the

OSCC must be notified of such loss, injury or damage suffered as a result of the

relocation or displacement.

c) Filing of Claim. The claim for compensation shall be filed with the appropriate office,

agency or bureau which has caused such relocation or displacement.

d) Payment of Compensation. The OSCC shall ensure that such claim for payment is

given due consideration and that the claimant is duly compensated within a reasonable

time.

RULE IV. Recognition of Self Governance and Systems of Traditional Leadership

Section 1. Self-Governance. – The Autonomous Regional Government shall recognize,

respect and support the indigenous systems of leadership and governance, in all levels, of the

ICCs/IPs/TPs in pursuance of the latter’s right to self-determination.

Existing systems of governance include, but are not limited to, the following: 1) The

Timuay Justice and Governance (TJG) of the Teduray and Lambangian peoples with the Ukit

and Tegudon as their governing laws; 2. Dulangan Manobo Tribal Justice and Self Governance

(DMTJSG) Kéna Ménuwa base on the Tégudon of the Dulangan Manobo Kitab governing laws

since time immemorial; and 3) Other types of tribal-based self-governance, that may be

identified and verified by the OSCC.

Structures of governance by other ICCs/IPs/TPs shall be identified and provided later by

the OSCC.

Section 2. Recognition of Authentic Leadership. - In pursuance of the right to self-

governance and self-determination, the ICCs/IPs/TPs, in coordination with the Department of the

Interior and Local Government (DILG), through the OSCC, shall formulate measures to ensure

that:

a) The socio-political structures, systems and institutions of ICCs/IPs/TPs are

strengthened;

b) The indigenous structures, systems and institutions are not supplanted by other forms

of non-indigenous governance; and

c) Mechanisms that allow the interfacing of indigenous systems of governance with the

other systems are established.

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Section 3. Authentication of Leadership Titles and Tribal Membership. – The

ICCs/IPs/TPs concerned shall have the sole power to authenticate indigenous leadership titles

and certificate of membership. The ICCs/IPs/TPs shall have the following rights:

a) Right to Confer Leadership Titles. The ICCs/IPs/TPs concerned, in accordance

with their customary laws and practices, shall have the sole right to vest titles of

leadership.

b) Recognition of Leadership Titles. To forestall undue conferment of leadership titles

and misrepresentation, the ICCs/IPs/TPs concerned, may, at their option, submit a list

of their recognized traditional socio-political leaders with their corresponding titles to

the OSCC. The OSCC shall conduct a field validation of said list and shall maintain

a directory thereof.

c) Issuance of Certificates of Tribal Membership. Only the recognized registered

leaders are authorized to issue certificates of tribal membership to their members.

Such certificates shall be confirmed by the OSCC based on its records and shall have

effect only for the purpose for which it was issued.

The OSCC shall support the initiatives, projects and activities of ICCs/IPs/TPs that will

strengthen and develop their socio-political and leadership systems.

Section 4. Establishment of Tribal Halls. – The Autonomous Regional Government

shall establish tribal halls in various ICCs/IPs/TPs community areas for their use. The

establishment of said tribal halls shall be done in consultation with the concerned ICCs/IPs/TPs

as to the size, style, design and exact location of the tribal halls. The OSCC shall ensure the

conduct of proper consultation with the concerned ICCs/IPs/TPs for the purpose.

In view hereof, the Autonomous Regional Government shall appropriate necessary funds

for the construction of said tribal halls. At its option, it may delegate to the OSCC the

implementation of the project, as such, the funds for the purpose may be incorporated in the local

funds releases intended for the OSCC.

RULE V. Indigenous Conflict-Resolution System

Section 1. Resolution of Conflicts; Primacy of Customary Laws and Practices. – All

conflicts involving members of ICCs/IPs/TPs shall be resolved in accordance with the customary

laws, traditions and practices of ICCs/IPs/TPs in the area where the conflicts arose. If the

conflict between and among ICCs/IPs/TPs is not resolved through such customary laws,

traditions and practices, the traditional leader or mediator who participated in the attempt to

settle the dispute shall certify that the same has not been resolved. Such certification shall be a

condition precedent for the filing of appropriate complaint in the Katarungang Pambarangay or

in the regular courts of justice, as the case may be.

In case of default, where customary laws and practices do not apply or no applicable

provisions thereof, the appropriate complaint or case may be submitted directly to the

Katarungang Pambarangay for amicable settlement or to the regular courts for judicial decision,

whenever necessary.

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The customary laws, traditions and practices of ICCs/IPs/TPs shall apply to the

settlement of disputes pertaining to property rights, claims and ownership, hereditary succession,

land conflicts and other similar issues when the parties involved are members of the

ICCs/IPs/TPs.

Section 2. Recognition of Socio-Political Institutions and Structures. – The

ICCs/IPs/TPs have the right to use their traditional justice systems, conflict resolution

institutions or peace building processes which are oriented to settlements, reconciliation and

healing, and as may be compatible with existing laws and accepted human rights.

The ICCs/IPs have the right to use their traditional justice systems, conflict resolution

institutions or peace-building processes which are oriented to settlements, reconciliation and

healing, and as may be compatible with existing laws and accepted human rights. Towards this

end, their structures and mechanisms for indigenous conflict-resolution as well as

implementation of peace and order measures shall be supported.

Section 3. Documentation. The OSCC shall assist the ICCs/IPs/TPs to document cases

resolved under the indigenous justice systems, conflict resolution mechanisms and peace

building processes in order to provide references to be used in resolving conflicts involving

ICCs/IPs/TPs.

Section 4. Tribal Courts. - The Autonomous Regional Government shall recognize and

respect the justice system including the tribal courts of the ICCs/IPs/TPs. It shall provide

assistance in the establishment and strengthening of said tribal courts, and provide support for

the tribal justices or jury. In regard thereof, the Autonomous Regional Government shall

appropriate funds for the development of tribal courts and enhancement of the capability and

competence of the tribal justices or jury.

The tribal courts shall have, among others, the following powers and functions:

a) To hear and decide cases where customary laws, traditions and practices will apply;

b) To determine cases involving basic rights arising under MMA Act No. 241 or these rules

and regulations;

c) To settle controversies submitted to it by option and voluntary act of the parties;

d) To exercise exclusive jurisdiction over crimes committed by members of ICCs/IPs/TPs

where the imposable penalty as prescribed by the Revised Penal Code or other pertinent

laws does not exceed imprisonment of six (6) years or a fine not exceeding Fifty

Thousand Pesos (P50,000.00) or both, and where the offended party or parties are also

members of the indigenous cultural community concerned; and

e) Such other issues or controversies that may be heard and decided by said courts.

Section 5. Rules of Procedure. – The tribal courts contemplated under these rules may

adopt their own set of procedures that will govern their proceedings. Among others, they may

devise their own rules on evidence, jurisdiction, appeals, burden of proof and similar others in

order to secure a just, speedy and inexpensive determination of every issue or controversy

submitted to them for resolution.

The due process requirements observed by regular courts of justice may not be identically

adopted by the tribal courts. However, tribal court proceedings must afford the concerned parties

the basic tenets of due process established by the Constitution.

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Section 6. Indigenous Structures on Peace and Order. - The Autonomous Regional

Government shall recognize indigenous structures or systems which promote peace, law and

order.

These indigenous structures include, but not limited to, the following:

a) Timuay Justice and Governance by the Teduray and Lambangian;

b) Dulangan Manobo Tribal Justice and Self Governance (Kéna Ménuwa) for

Dulangan Manobo; and

c) Such other indigenous structures that may be identified by the OSCC.

The indigenous systems shall also include local peace enforcers such as the Dyaga Fénuwo and

Agubalang.

RULE VI. Right to Determine Policies, Development Programs and Projects within the

Ancestral Domains/Lands

Section I. Free and Prior Informed Consent - The ICCs/ IPs shall, within their

communities, determine for themselves policies, development programs, projects and plans to

meet their identified priority needs and concerns. They shall have the right to be asked for their

free and prior informed consent in relation to any proposed government or private project to be

implemented within their ancestral domain/ lands.

a) Scope of the ICCs/IPs whose Consent shall be Secured. The scope of the

ICCs/ IPs whose free and prior informed consent is required shall depend upon

the impact area of the proposed policy, program, projects and plans, such that:

1. When the policy, program, project or plan affects only the particular

community within the ancestral domain, only such community shall give their

free and prior informed consent;

2. When the policy, program, project or plan affects the entire ancestral domain,

the consent of the concerned ICCs/ IPs within the ancestral domain shall be

secured; and

3. When the policy, program, project or plan affect a whole range of territories

covering two or more ancestral domains, the consent of all affected ICCs/ IP

communities shall be secured.

b) Procedure and Requirement for Securing ICCs/ IPs Consent. The consensus

building process of each particular indigenous cultural community shall be

adhered to in securing the ICCs/ IPs Free and Prior Informed Consent. For

purposes of documentation and monitoring, the OSCC shall assist, document and

witness the process of securing Free and Prior Informed Consent. The basic

elements in the consensus building process shall include, the minimum,

information dissemination to all members of the concerned indigenous peoples

communities, assessment of the concerns or issues by appropriate assemblies in

accordance with the customs and traditions and discernment and initial decision

by recognized council of elders, affirmation of the decision of the Elders by all

the members of the community. The OSCC shall adopt the FPIC Guidelines of

the NCIP to govern such procedure.

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The following minimum requirements shall be strictly complied with:

1. For every meeting, notices thereof written in English or Pilipino and in

the IP language and authorized by community elders/ leaders shall be

delivered and posted in conspicuous places or announced in the area

where the meeting shall be conducted at least one (1) month before the

scheduled meeting in accordance to the FPIC Guidelines of NCIP;

2. All meetings and proceedings where the proponent shall submit and

discuss all the necessary information on the proposed policy, program,

project or plan shall be conducted in a process and language spoken

and understood by the ICCs/ IPs concerned;

3. The minutes of meetings or proceedings conducted shall be written in

English or Pilipino and in the language of the concerned ICCs/ IPs and

shall be validated with those who attended the meeting or assembly

before the finalization and distribution of the minutes;

4. Consent or rejection by the ICC/ IP community shall be signified by

affixing signatures or thumb marks in a document written in their own

language or dialect with corresponding English or Pilipino translation.

Signatures or thumb marks shall be considered valid, only when it is

affixed on each and every page of the document signifying consent or

rejection. In case of rejection, the ICCs/ IPs shall state in the document

of rejection whether or not they shall entertain alternative proposals of

similar nature; and

5. Any alternative proposal shall be subject to the Free and Prior

Informed Consent of the ICCs/ IPs in accordance with the foregoing

procedures and requirements;

c) Obligations of the Proponent. The proposent of any policy, program, project

or any activity requiring the Free and Prior Informed Consent of the ICCs/ IPs

community shall:

1. Submit to the IP community an undertaking written in a language

spoken and understood by the community concerned that it shall

commit itself to full disclosure of records and information relevant to

the policy, program, project or activity, and allow full access to records,

documents, material information and facilities pertinent to the same;

2. Submit to the IP community and the OSCC in a language

understandable to the concerned community an Environmental and

Socio-cultural Impact Statement, detailing all the possible impact of the

policy, program, project or activity upon the ecological, economic,

social and cultural aspect of the community as a whole. Such document

shall clearly indicate how adverse impacts can be avoided or mitigated;

3. Submit an undertaking in writing to answer for damages which the

ICCs/ IPs may suffer on accunt of the policy, program, project, plan or

activity and deposit a cash bond or post a surety bond with the OSCC

when required by the community equivalent to a percentage of its

investments, subject to progressive increase, depending upon the

impact of the project. The amount of bond shall be determined by the

OSCC with the concurrence of the ICCs/ IPs concerned; and

a. Underwrite all expenses attendant to securing the free and prior

informed consent of the ICCs/ IPs.

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d) Development and Cultural Activities Subject to Free and Prior Informed

Consent (FPIC). Policies, programs, projects, plans and activities subject to free

and prior informed consent shall include but not limited to the following:

1. Exploration, development, exploitation and utilization of natural resources

within ancestral domains/ lands;

2. Research in indigenous knowledge, systems and practices related to

agriculture, forestry, watershed and resource management systems and

technologies, medical and scientific concerns, bio-diversity, bio-

prospecting and gathering of genetic resources;

3. Displacement and relocation;

4. Archeological explorations, diggings and excavations and access to

religious and cultural sites;

5. Policies affecting the general welfare and the rights of ICCs/ IPs; and

6. Entry of the Military or paramilitary forces or establishment of temporary

or permanent military facilities within the domains.

e) Non-transferability of Consent. The free and prior informed consent granted by

the ICCs/ IPs for a particular proposed policy, program, project or plan, as a

general rule, shall both be transferable to any other party, except in case of

merger, reorganization, transfer of rights, acquisition by another entity, or joint

venture: Provided; that there will be no changes in the original plan, program,

project or policy and: Provided further; that the same shall not prejudice the

interest, rights and welfare of the concerned ICCs/ IPs.

RULE VII. Relationship with National, Regional and Local Governments

Section 1. Representation to Policy Making Bodies. - The ICCs/IPs/TPs shall be

provided representation to all levels of policy making bodies within the Autonomous Region.

Aside from executive or administrative bodies, these shall include all legislative bodies in all

levels of local government units within the region, as well as the Regional Assembly of the

ARMM. The representation of ICCs/IPs shall be proportionate to their population and they shall

be entitled to the same privileges as the regular members thereof.

The ICCs/IPs/TPs representatives shall be qualified and chosen by their own

communities in accordance with the process to be determined by them. In consultation with the

ICCs/IPs/TPs, the OSCC in close coordination with DILG shall come up with appropriate

measures to ensure the full participation of ICCs/IPs/TPs in matters affecting their development.

Such measures shall also include the provision of technical assistance to develop the

ICCs/IPs/TPs representative’s knowledge of traditional socio-political systems, customary laws,

justice system and skills in interfacing with non-indigenous governance and policy making.

Section 2. Relationship With Barangay Officials. - The barangay officials and

traditional leaders of the ICCs/IPs/TPs such as the Timuays or Datus should work together

closely to address the common concerns of the community. In matters relating exclusively to the

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members of the ICCs/IPs/TPs, the jurisdiction and decision of their traditional leaders shall be

respected and recognized by the concerned barangay officials.

The jurisdiction and decision of such traditional leaders shall apply, but not limited to, the

following issues:

1) All issues or disputes between and among members of the ICCs/IPs/TPs;

2) All cases where customary laws will apply;

3) Cases involving basic rights arising under MMA Act No. 241 or these rules;

4) Disputes arising from customary contracts in which the parties are members of

ICCs/IPs/TPs, if they opt to be mediated by a traditional leader; and

5) Such other issues or disputes that may be heard and decided by a traditional leader at

the option of the concerned parties.

Section 3. Coordination with Law Enforcement Agencies. - The tribal courts and the

traditional leaders of the ICCs/IPs shall coordinate with the proper law enforcement agencies of

the Autonomous Regional Government and the local government units concerned for the

implementation and enforcement of their decisions especially in criminal cases falling within

their jurisdiction. Said law enforcement agencies and local units shall recognize the authority of

these tribal courts and traditional leaders and obey the writs and orders that may be issued by

them in aid of their jurisdiction.

Failure of the concerned to abide by the orders of these courts shall be a sufficient ground

for the filing of indirect contempt case against them before any competent court.

The tribal courts and traditional leaders shall adopt measures to maintain close coordination with

the partner agencies and concerned LGUs to ensure speedy, expeditious, efficient and effective

execution and enforcement of their orders and decisions.

RULE VIII. Rights During Armed Conflicts. - The ICCs/IPs/TPs shall have the right to

special protection, security and safety during the periods of armed conflicts. The Autonomous

Regional Government shall ensure the observance of international standards and rule of law for

the protection and safety of civilian populations in the events of emergency and armed conflicts.

Section 1. The Right To Special Protection, Security And Safety During Armed

Conflicts. During armed conflicts, the following rights of the members of the ICCs/IPs/TPs shall

be guaranteed and observed:

a. Right not to be recruited in any military, paramilitary or other armed groups

against their will or consent;

b. Right against involuntary membership to any armed group in conflict with

ICCs/IPs/TPs or when said recruitment is for the use against other

ICCs/IPs/TPs;

c. Right against recruitment of children of the ICCs/IPs/TPs into the Armed Forces

of the Philippines, Philippine National Police, paramilitary units or any armed

group under any circumstance even with the consent of the concerned children;

d. Right against involuntary servitude during any armed conflict;

e. Right against recruitment to military, paramilitary or any armed group if the same

will result to abandonment of land, territories and means of subsistence by the

recruits;

f. Right against involuntary relocation to special centers for military purposes under

any discriminatory condition; and

g. Right to compensation, as provided in Rule VIII, when the displacement due to

the conflict becomes permanent.

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h. Such other rights available to the members of the ICCs/IPs in times of armed

conflicts under existing laws and international humanitarian law.

Section 2. Special Protection for Children of ICCs/IPs During Armed Conflict.

In addition to the aforementioned rights, the children of ICCs/IPs/TPs shall be entitled to

protection, survival and development consistent with the customs and traditions of their

indigenous communities, especially in times of armed conflicts. To attain this objective, the

following guidelines shall be strictly followed:

1. In any armed conflict, children of ICCs/IPs/TPs shall not be the object of attack and

shall be entitled to special respect. They shall be protected from any form of threat,

assault, torture or other cruel, inhumane or degrading treatment.

2. Children of ICCs/IPs/TPs shall not be allowed to participate in any armed

confrontations, or be used as guides, couriers or spies.

3. Delivery of basic services to affected ICCs/IPs/TPs shall be kept unhampered even

during times of armed conflicts.

4. Schools, hospitals, clinics, health centers and other infrastructures intended for the

children shall not be utilized for military purposes.

5. All appropriate steps shall be taken to facilitate the reunion

Section 3. Evacuation and Temporary Shelter During Armed Conflicts. - Children

of ICCs/IPs/TPs shall be given priority during evacuations as a result of armed conflicts.

Existing community organizations shall be tapped to look after the safety and well-being of the

concerned children during evacuation operations. Measures shall be taken to ensure that children

evacuated are accompanied by persons responsible for their safety and well-being.

Whenever possible, members of the same family shall be housed in the same premises

and given separate accommodations from other evacuees, and provided with facilities to lead a

normal family life. In places of temporary shelter, expectant and nursing mothers and children

shall be given additional food in proportion to their physiological needs. If feasible, children

shall be given opportunities for physical exercise, sports and outdoor games.

The leader of the ICCs/IPs/TPs or chairman of the barangay affected by the armed

conflicts shall submit the names of children residing in said barangay to the concerned social

welfare and development office and to the OSCC within twenty-four (24) hours from the

occurrence of the armed conflicts.

Section 4. Rights of Children Arrested for Reasons Related to Armed Conflicts. –

Any child belonging to the ICCs/IPs/TPs who has been arrested for reasons related to armed

conflicts, either as combatant, courier, guide or spy is entitled to the following rights:

a) Separate detention from adults;

b) Immediate free legal assistance;

c) Immediate notice of such arrest to the parents or guardian of the child; and

d) Release of the child on recognizance to the custody of the DSWD or to the leader of

the indigenous community to which the child belongs.

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RULE IX. The Mechanisms in ARMM Government

Section 1. The Office for Southern Cultural Communities (OSCC). In addition to the

devolved powers and functions of the Office for Southern Cultural Communities (OSCC)

pursuant to Executive Order Number 462 series of 1991, the OSCC-ARMM shall be the

primary agency to implement this Act and it is implementing rules and regulations. The Office

of the Regional Governor, thru the Regional Assembly shall provide additional funds for the

implementation of this Act.

Until the NCIP-ARMM is organized, the OSCC shall accept applications for Certificate of

Ancestral Domains Title/ Certificate of Ancestral Lands Title (CADT/ CALT) as the authorized

agent of the NCIP. And upon acceptance of the application, forward such applications to NCIP

for processing.

In the event that cases are not resolved at the level of the Kefeduwans and Tégéantang, pursuant

to Rule V of this IRR, the Kefeduwans and Tégéantang shall endorse to OSCC such case for

appropriate intervention. The OSCC shall set-up a legal desk, and establish procedures of

interventions and settlement of cases of such nature.

Section 2. Deputy Regional Governor for Indigenous Cultural Communities/

Indigenous Peoples. The Deputy Regional Governor for Indigenous Peoples, (ICCs/ IPs/ TPs)

as provided under Article VII, Section 6 of RA 9054, shall monitor the progress of the

implementation of MMAA 241 and shall advise the Regional Governor as to how the

implementation can be optimized. The Deputy Governor shall have the primary task of bringing

the concerns of the Indigenous Cultural Communities/ Indigenous Peoples/ Tribal Peoples

(ICCs/IPs/TPs) to the attention of the Executive Council, as provided under said provision of RA

9054, and directly to the Regional Governor as well. The Deputy Regional Governor shall

likewise act in behalf of the Regional Governor and Vice-Governor, with mandate from both

officials, in relation to issues and concerns of the ICCs/ IPs/TPs within the ARMM and in

coordination with OSCC.

The Deputy Regional Governor for IPs shall monitor programs and activities of LGUs,

government agencies and non-government organizations affecting indigenous constituents, and

shall provide counsel to constituents on the access of service and programs in coordination with

these agencies. The Deputy Governor shall provide advice and recommendations to the Regional

Governor and the Executive Council towards the full protection and promotion of the rights of

the indigenous peoples in the ARMM.

RULE X. Unlawful Acts. - Any person found guilty of any of the following acts shall be

penalized in accordance with Revised Penal Code, Republic Act Act 8371, and other applicable

laws:

1. Unlawful or unauthorized intrusion into ancestral domains/lands;

2. Misrepresentation in obtaining the free and prior informed consent of ICCs/IPs/TPs ;

3. Usurpation of real rights in property;

4. Forcible displacement or relocation of ICCs/IPs/TPs from their ancestral

domains/lands; and

5. Pollution of the air and bodies of water within the ancestral domains/lands.

RULE XI. Persons Liable. – The following are liable for punishment for violation of the rights

of ICCs/IPs/TPs enumerated under MMAA 241 and these rules:

1. Any individual, whether a member of the same or different indigenous communities

or not;

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2. Any individual who is non-IP, whether a Filipino or alien;

3. In case of violations committed by juridical persons, the manager, president, chief

executive officer or any of the officers of such juridical persons; and Government

officials, officers or employees.

RULE XII. Penalties. - The ICCs/IPs/TPs whose rights have been violated may penalize any

violator in accordance with their customary laws, except when the penalty is cruel, degrading or

inhuman, or where the penalty is death or excessive fine.

The concerned ICCs/IPs/TPs may also resort to courts of justice for the imposition of

corresponding penalties in cases where the violator is non-IP or outsider.

RULE XIII. Saving Clause. - Nothing in these rules and regulations shall be construed to

amend or modify the pertinent provisions of MMA Act No. 241. The herein rules and

regulations only provide for the details of the applications of the basic provisions of said

substantive law.

RULE XIV. Penalty Clause. - Any violation of these rules and regulations shall be dealt with

according to applicable laws. In addition, if the violator is a government official or employee, he

or she shall suffer the penalties provided under the Civil Service Rules and Law.

RULE XV. Periodic Review. – The OSCC and/or Stakeholders may call for the periodic

review of these rules and regulations, as may be necessary.

RULE XVI. Separability Clause. – If any portion or provision of these rules and regulations is

declared void or unconstitutional, the remaining portions or provisions thereof shall not be

affected by such declaration.

RULE XVII. Repealing Clause. - All circulars, memoranda, rules and regulations or parts

thereof inconsistent herewith are hereby repealed or modified accordingly.

RULE XVIII. Effectivity Clause. – These rules and regulations shall take effect after ten (10)

days following the completion of corresponding publication in a newspaper of regional

circulation.

HON DEONATO MOKUDEF

Assemblyman, Regional Legislative Assembly

Representative for Indigenous Peoples

HON RAMON PIANG

Mayor, Upi, Maguindanao

HON HILARIO TANZO

Deputy Governor for Indigenous Peoples

MR DENCIO KADINGILAN

Representative

Dulangan Manobo-ARMM

TIMUAY LABI SANNIE BELLO

Supreme Chief

Timuay Justice and Governance (TJG)

BAI FATIMA KANAKAN

Executive Director

Office of Southern Cultural Communities (OSCC)

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Chair, IP Technical Working Group