Republic Act 8371
The Indigenous Peoples Rights Act of
1997 July 19, 1997
An act to recognize,
protect and promote the rights of indigenous cultural communities/
indigenous peoples, creating a national commission on indigenous peoples,
establishing implementing mechanisms, appropriating funds therefor, and for
other purposes
S. No. 1728 H. No.
9125 Republic of the Philippines Congress of the Philippines Metro Manila
Tenth Congress Third Regular Session
Begun and held in
Metro Manila, on Monday the twenty eighth day of July, nineteen hundred and
ninety seven
Be it enacted by the
Senate and House of Representatives of the Philippines in Congress
assembled:
Chapter I General provisions
Chapter II Definition of terms
Chapter III Rights to ancestral
domains
Chapter IV Right to selfgovernance and
empowerment
Chapter V Social justice and human
rights
Chapter VI Cultural integrity
Chapter VII National Commission on
Indigenous Peoples (NCIP)
Chapter VIII Delineation and
recognition of ancestral domains
Chapter IX Jurisdiction and procedures
for enforcement of rights
Chapter X Ancestral Domains Fund
Chapter XI Penalties
Chapter XII Merger of the office for
northern cultural communities (oncc) and the Office for Southern
Cultural Communions (OSCC)
Chapter XIII Final provisions
Section 1. Short
Title. This Act shall be known as "The Indigenous Peoples Rights Act of
1997".
Section 2.
Declaration of State Policies. - The State shall recognize and promote all
the rights of Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs)
hereunder enumerated within the framework of the Constitution:
a)
The State shall recognize and promote the rights of ICCs/IPs within
the framework of national unity and development;
b)
The State shall protect the rights of ICCs/IPs to their ancestral
domains to ensure their economic, social and cultural well being and shall
recognize the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain;
c)
The State shall recognize, respect and protect the rights of ICCs/
IPs to preserve and develop their cultures, traditions and institutions. It
shall consider these rights in the formulation of national laws and
policies;
d)
The State shall guarantee that members of the ICCs/IPs regardless of
sex, shall equally enjoy the full measure of Human rights and freedoms
without distinction or discrimination;
e)
The State shall take measures, with the participation of the ICCs/
IPs concerned, to protect their rights and guarantee respect for their
cultural integrity, and to ensure that members of the ICCs/IPs benefit on an
equal footing from the rights and opportunities which national laws and
regulations grant to other members of the population; and
f)
The State recognizes its obligations to respond to the strong
expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP
participation in the direction of education, health, as well as other
services of ICCs/lPs, in order to render such services more responsive to
the needs and desires of these communities.
Towards these ends,
the State shall institute and establish the necessary mechanisms to enforce
and guarantee the realization of these rights, taking into consideration
their customs, traditions, values, beliefs interests and institutions, and
to adopt and implement measures to protect their rights to their ancestral
domains.
Section 3.
Definition of Terms. - For purposes of this Act, the following terms shall
mean:
a)
Ancestral Domains - Subject to Section 56 hereof, refer to all areas
generally belonging to ICCs/IPs comprising lands, inland waters, coastal
areas, and natural resources therein, held under a claim of ownership,
occupied or possessed by ICCs/IPs, 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
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;
b)
Ancestral Lands - Subject to Section 56 hereof, refers to land
occupied, possessed and utilized by individuals, families and clans who are
members of the ICCs/IPs since time immemorial, by themselves or through
their predecessors-in-interest, under claims of individual or traditional
group ownership, continuously, to the present except when interrupted by
war, force majeure or displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary dealings entered into
by government and private individuals/corporations including, but not
limited to, residential lots, rice terraces or paddies, private forests,
swidden farms and tree lots;
c)
Certificate of Ancestral Domain Title - refers to a title formally
recognizing the rights of possession and ownership of ICCs/IPs over their
ancestral domains identified and delineated in accordance with this law;
d)
Certificate of Ancestral Lands Title - refers to a title formally
recognizing the rights of ICCs/IPs over their ancestral lands;
e)
Communal Claims - refer to claims on land, resources and rights
thereon; belonging to the whole community within a defined territory;
f)
Customary Laws - refer to a body of written and/or unwritten rules,
usages, customs and practices traditionally and continually recognized,
accepted and observed by respective ICCs/IPs;
g)
Free and Prior Informed Consent - as used in this Act shall mean the
consensus of all members of the ICCs/IPs to be determined in accordance with
their respective customary laws and practices, free from any external
manipulation, interference coercion, and obtained after fully disclosing the
intent and scope of the activity, in a language and process understandable
to the community;
h)
Indigenous Cultural Communities/Indigenous Peoples - refer to a group
of people or homogenous societies identified by self-ascription and
ascription by 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.
ICCs/IPs shall likewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the country,
at the time of conquest or colonization, or at the time of inroads of
non-indigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural
and political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral
domains;
i)
Indigenous Political Structures - refer to organizational and
cultural leadership systems, institutions, relationships, patterns and
processes for decision-making and participation, identified by ICCs/IPs such
as, but not limited to, Council of Elders, Council of Timuays, Bodong
Holders, or any other tribunal or body of similar nature;
j)
Individual Claims - refer to claims on land and rights thereon which
have been devolved to individuals, families and clans including, but not
limited to, residential lots, rice terraces or paddies and tree lots;
k)
National Commission on Indigenous Peoples (NCIP) - refers to the
office created under his Act, which shall be under the Office of the
President, and which shall be the primary government agency responsible for
the formulation and implementation of policies, plans and programs to
recognize, protect and promote the rights of ICCs/IPs;
l)
Native Title - refers to pre-conquest rights to lands and domains
which, as far back as memory reaches, have been held under a claim of
private ownership by ICCs/IPs, have never been public lands and are thus
indisputably presumed to have been held that way since before the Spanish
Conquest;
a)
m)Nongovernment Organization - refers to a private, nonprofit
voluntary organization that has been organized primarily for the delivery of
various services to the ICCs/IPs and has an established track record for
effectiveness and acceptability in the community where it serves;
m)
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;
n)
Sustainable Traditional Resource Rights - refer to the rights of ICCs/IPs
to sustainably use, manage, protect and conserve a) land, air, water, and
minerals; b) plants, animals and other organisms; c) collecting, fishing and
hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial
and aesthetic value in accordance with their indigenous knowledge, beliefs,
systems and practices; and
o)
Time Immemorial - refers to a period of time when as far back as
memory can go, certain ICCs/IPs are known to have occupied, possessed in the
concept of owner, and utilized a defined territory devolved to them, by
operation of customary law or inherited from their ancestors, in accordance
with their customs and traditions.
Section 4. Concept
of Ancestral Lands/Domains. - Ancestral lands/ domains shall include such
concepts of territories which cover not only the physical environment but
the total environment including the spiritual and cultural bonds to the
areas which the ICCs/IPs possess, occupy and use and to which they have
claims of ownership.
Section 5.
Indigenous Concept of Ownership. - Indigenous concept of ownership sustains
the view that ancestral domains and all resources found therein shall serve
as the material bases of their cultural integrity. The indigenous concept of
ownership generally holds that ancestral domains are the ICC's/IP's private
but community property which belongs to all generations and therefore cannot
be sold, disposed or destroyed. It likewise covers sustainable traditional
resource rights.
Section 6.
Composition of Ancestral Lands/Domains. - Ancestral lands and domains shall
consist of all areas generally belonging to ICCs/ IPs as referred under Sec.
3, items (a) and (b) of this Act.
Section 7. Rights to
Ancestral Domains. - The rights of ownership and possession of ICCs/IPs to
their ancestral domains shall be recognized and protected. Such rights shall
include:
a)
Right of Ownership - The right to claim ownership over lands, bodies
of water traditionally and actually occupied by ICCs/IPs, sacred places,
traditional hunting and fishing grounds, and all improvements made by them
at any time within the domains;
a)
b)Right to Develop Lands and Natural Resources. - Subject to Section
56 hereof, right to develop, control and use lands and territories
traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for future
generations; to benefit and share the profits from allocation and
utilization of the natural resources found therein; the right to negotiate
the terms and conditions for the exploration of natural resources in the
areas for the purpose of ensuring ecological, environmental protection and
the conservation measures, pursuant to national and customary laws; the
right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or
impact upon the ancestral domains and to receive just and fair compensation
for any damages which they may sustain as a result of the project; and the
right to effective measures by the government to prevent any interference
with, alienation and encroachment upon these rights;
b)
Right to Stay in the Territories. - The right to stay in the
territory and not to be removed therefrom. No ICCs/IPs will be relocated
without their free and prior informed consent, nor through any means other
than eminent domain. Where relocation is considered necessary as an
exceptional measure, such relocation shall take place only with the free and
prior informed consent of the ICCs/IPs concerned and whenever possible, they
shall be guaranteed the right to return to their ancestral domains, as soon
as the grounds for relocation cease to exist. When such return is not
possible, as determined by agreement or through appropriate procedures,
ICCs/IPs shall be provided in all possible cases with lands of quality and
legal status at least equal to that of the land previously occupied by them,
suitable to provide for their present needs and future development. Persons
thus relocated shall likewise be fully compensated for any resulting loss or
injury;
c)
Right in Case of Displacement. - In case displacement occurs as a
result of natural catastrophes, the State shall endeavor to resettle the
displaced ICCs/IPs in suitable areas where they can have temporary life
support systems: Provided, That the displaced ICCs/IPs shall have the right
to return to their abandoned lands until such time that the normalcy and
safety of such lands shall be determined: Provided, further, That should
their ancestral domain cease to exist and normalcy and safety of the
previous settlements are not possible, displaced ICCs/IPs shall enjoy
security of tenure over lands to which they have been resettled: Provided
furthermore, That basic services and livelihood shall be provided to them to
ensure that their needs are adequately addressed;
d)
Right to Regulate Entry of Migrants. - Right to regulate the entry of
migrant settlers and organizations into the domains;
e)
Right to Safe and Clean Air and Water. - For this purpose, the
ICCs/IPs shall have access to integrated systems for the management of their
inland waters and air space;
f)
Right to Claim Parts of Reservations -The right to claim parts of the
ancestral domains which have been reserved for various purposes, except
those reserved and intended for common and public welfare and service; and
g)
Right to Resolve Conflict. - Right to resolve land conflicts in
accordance with customary laws of the area where the land is located, and
only in default thereof shall the complaints be submitted to amicable
settlement and to the Courts of Justice whenever necessary.
Section 8. Rights to
Ancestral Lands. - The right of ownership and possession of the ICCs /IPs to
their ancestral lands shall be recognized and protected.
a)
Right to transfer land/property. - Such right shall include the right
to transfer land or property rights to/among members of the same ICCs/IPs,
subject to customary laws and traditions of the community concerned.
b)
Right to Redemption. - In cases where it is shown that the transfer
of land/property rights by virtue of any agreement or devise, to a nonmember
of the concerned ICCs/IPs is tainted by the vitiated consent of the
ICCs/IPs, or is transferred for an unconscionable consideration or price,
the transferor ICC/IP shall have the right to redeem the same within a
period not exceeding fifteen (15) years from the date of transfer.
Section 9.
Responsibilities of ICCs/IPs to their`4ncestral Domains. -ICCs/IPs occupying
a duly certified ancestral domain shall have the following responsibilities:
a)
Maintain Ecological Balance. - To preserve, restore, and maintain a
balanced ecology in the ancestral domain by protecting the flora and fauna,
watershed areas, and other reserves;
b)
Restore Denuded Areas. - To actively initiate, undertake and
participate in the reforestation of denuded areas and other development
programs and projects subject to just and reasonable remuneration; and
c)
Observe Laws. - To observe and comply with the provisions of this Act
and the rules and regulations for its effective implementation.
Section 10.
Unauthorized and Unlawful Intrusion. - Unauthorized end unlawful intrusion
upon, or use of any portion of the ancestral domain, or any violation of the
rights herein before enumerated, shall be punishable under this law.
Furthermore, the Government shall take measures to prevent non-ICCs/IPs from
taking advantage of the ICCs/IPs customs or lack of understanding of laws to
secure ownership, possession of land belonging to said ICCs/IPs.
Section 11.
Recognition of Ancestral Domain Rights. - The rights of ICCs/IPs to their
ancestral domains by virtue of Native Title shall be recognized and
respected. Formal recognition, when solicited by ICCs/ IPs concerned, shall
be embodied in a Certificate of Ancestral Domain Title (CADT), which shall
recognize the title of the concerned ICCs/IPs over the territories
identified and delineated.
Section 12. Option
to Secure Certificate of Title Under Commonwealth Act 141, as amended, or
the Land Registration Act 496. - Individual members of cultural communities,
with respect to their individually-owned ancestral lands who, by themselves
or through their predecessors-in-interest, have been in continuous
possession and occupation of the same in the concept of owner since time
immemorial or for a period of not less than thirty (30) years immediately
preceding the approval of this Act and uncontested by the members of the
same ICCs/ IPs shall have the option to secure title to their ancestral
lands under the provisions of Commonwealth Act 141, as amended, or the Land
Registration Act 496.
For this purpose,
said individually-owned ancestral lands, which are agricultural in character
and actually used for agricultural, residential, pasture, and tree farming
purposes, including those with a slope of eighteen percent (18%) or more,
are hereby classified as alienable and disposable agricultural lands.
The option granted
under this section shall be exercised within twenty (20) years from the
approval of this Act.
Section 13.
Self-Governance. - The State recognizes the inherent right of ICCs/IPs to
self-governance and self-determination and respects the integrity of their
values, practices and institutions. Consequently, the State shall guarantee
the right of ICCs/IPs to freely pursue their economic, social and cultural
development.
Section 14. Support
for Autonomous Regions. - The State shall continue to strengthen and support
the autonomous regions created under the Constitution as they may require or
need. The State shall likewise encourage other ICCs/IPs not included or
outside Muslim Mindanao and the Cordilleras to use the form and content of
their ways of life as may be compatible with the fundamental rights defined
in the Constitution of the Republic of the Philippines and other
internationally recognized human rights.
Section 15. Justice
System, Conflict Resolution Institutions, and Peace Building Processes. -
The ICCs/IPs shall have the right to use their own commonly accepted justice
systems, conflict resolution institutions, peace building processes or
mechanisms and other customary laws and practices within their respective
communities and as may be compatible with the national legal system and with
internationally recognized human rights.
Section 16. Right to
Participate in Decision-Making - ICCs/IPs have the right to participate
fully, if they so choose, at all levels of decision making in matters which
may affect their rights, lives and destinies through procedures determined
by them as well as to maintain and develop their own indigenous political
structures. Consequently, the State shall ensure that the ICCs/IPs shall be
given mandatory representation in policy-making bodies and other local
legislative councils.
Section 17. Right to
Determine and Decide Priorities for Development. - The ICCs/IPs shall have
the right to determine and decide their own priorities for development
affecting their lives, beliefs, institutions, spiritual well-being, and the
lands they own, occupy or use. They shall participate in the formulation,
implementation and evaluation of policies, plans and programs for national,
regional and local development which may directly affect them.
Section 18. Tribal
Barangays. - The ICCs/IPs living in contiguous areas or communities where
they form the predominant population but which are located in
municipalities, provinces or cities where they do not constitute the
majority of the population, may form or constitute a separate barangay in
accordance with the Local Government Code on the creation of tribal
barangays.
Section 19. Role of
Peoples Organizations. - The State shall recognize and respect the role of
independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and
protect their legitimate and collective interests and aspirations through
peaceful and lawful means.
Section 20. Means
for Development/Empowerment of ICCs/lPs. - The Government shall establish
the means for the full development/ empowerment of the ICCs/IPs own
institutions and initiatives and, where necessary, provide the resources
needed therefor.
Section 21. Equal
Protection and Non-discrimination of ICCs/lPs. -Consistent with the equal
protection clause of the Constitution of the Republic of the Philippines,
the Charter of the United Nations, the Universal Declaration of Human Rights
including the Convention on the Elimination of Discrimination Against Women
and International Human Rights Law, the State shall, with due recognition of
their distinct characteristics and identity accord to the members of the
ICCs/IPs the rights, protections and privileges enjoyed by the rest of the
citizenry. It shall extend to them the same employment rights,
opportunities, basic services, educational and other rights and privileges
available to every member of the society. Accordingly, the State shall
likewise ensure that the employment of any form of force or coercion against
ICCs/IPs shall be dealt with by law.
The State shall
ensure that the fundamental human rights and freedoms as enshrined in the
Constitution and relevant international instruments are guaranteed also to
indigenous women. Towards this end, no provision in this Act shall be
interpreted so as to result in the diminution of rights and privileges
already recognized and accorded to women under existing laws of general
application.
Section 22. Rights
during Armed Conflict. - ICCs/IPs have the right to special protection and
security in periods of armed conflict. The State shall observe international
standards, in particular the Fourth Geneva Convention of 1949, for the
protection of civilian populations in circumstances of emergency and armed
conflict, and shall not recruit members of the ICCs/IPs against their will
into the armed forces, and in particular, for use against other ICCs/IPs;
nor recruit children of ICCs/ IPs into the armed forces under any
circumstance; nor force indigenous individuals to abandon their lands,
territories and means of subsistence, or relocate them in special centers
for military purposes under any discriminatory condition.
Section 23. Freedom
from Discrimination and Right to Equal Opportunity and Treatment. - It shall
be the right of the ICCs/IPs to be free from any form of discrimination,
with respect to recruitment and conditions of employment, such that they may
enjoy equal opportunities for admission to employment, medical and social
assistance, safety as well as other occupationally -related benefits,
informed of their rights under existing labor legislation and of means
available to them for redress, not subject to any coercive recruitment
systems, including bonded labor and other forms of debt servitude; and equal
treatment in employment for men and women, including the protection from
sexual harassment.
Towards this end,
the State shall, within the framework of national laws and regulations, and
in cooperation with the ICCs/IPs concerned, adopt special measures to ensure
the effective protection with regard to the recruitment and conditions of
employment of persons belonging to these communities, to the extent that
they are not effectively protected by laws applicable to workers in general.
ICCs/IPs shall have
the right to association and freedom for all trade union activities and the
right to conclude collective bargaining agreements with employers'
organizations. They shall likewise have the right not to be subject to
working conditions hazardous to their health, particularly through exposure
to pesticides and other toxic substances.
Section 24. Unlawful
Acts Pertaining to Employment. - It shall be unlawful for any person:
a)
To discriminate against any ICC/IP with respect to the terms and
conditions of employment on account of their descent. Equal remuneration
shall be paid to ICC/IP and non-ICC/IP for work of equal value; and
b)
To deny any ICC/IP employee any right or benefit herein provided for
or to discharge them for the purpose of preventing them from enjoying any of
the rights or benefits provided under this Act.
Section 25. Basic
Services. - The ICCs/IPs have the right to special measures for the
immediate, effective and continuing improvement of their economic and social
conditions, including in the areas of employment, vocational training and
retraining, housing, sanitation, health and social security. Particular
attention shall be paid to the rights and special needs of indigenous women,
elderly, youth, children and differently-abled persons. Accordingly, the
State shall guarantee the right of ICCs/IPs to government's basic services
which shall include, but not limited to, water and electrical facilities,
education, health and infrastructure.
Section 26. Women. -
ICC/IP women shall enjoy equal rights and opportunities with men, as regards
the social, economic, political and cultural spheres of life. The
participation of indigenous women in He decision-making process in all
levels, as well as in the development of society, shall be given due respect
and recognition.
The State shall
provide full access to education, maternal and child care, health and
nutrition, and housing services to indigenous women. Vocational, technical,
professional and other forms of training shall be provided to enable these
women to fully participate in all aspects of social life. As far as
possible, the State shall ensure that indigenous women have access to all
services in their own languages.
Section 27. Children
and Youth. - The State shall recognize the vital role of the children and
youth of ICCs/IPs in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual end social well-being. Towards this
end, the State shall support all government programs intended for the
development and rearing of the children and youth of ICCs/IPs for civic
efficiency and establish such mechanisms as may be necessary for the
protection of the rights of the indigenous children and youth.
Section 28.
Integrated System of Education. - The State shall, through the NCIP, provide
a complete, adequate and integrated system of education, relevant to the
needs of the children and young people of ICCs/ IPs.
Section 29.
Protection of Indigenous Culture, Traditions and Institutions. - The State
shall respect, recognize and protect the right of ICCs/IPs to preserve and
protect their culture, traditions and institutions. It shall consider these
rights in the formulation and application of national plans and policies.
Section 30.
Educational Systems. - The State shall provide equal access to various
cultural opportunities to the ICCs/IPs through the educational system,
public or private cultural entities, scholarships, grants and other
incentives without prejudice to their right to establish and control their
educational systems and institutions by providing education in their own
language, in a manner appropriate to their cultural methods of teaching and
learning. Indigenous children/youth shall have the right to all levels and
forms of education of the State.
Section 31.
Recognition of Cultural Diversity. - The State shall endeavor to have the
dignity and diversity of the cultures, traditions, histories and aspirations
of the ICCs/IPs appropriately reflected in all forms of education, public
information and cultural-educational exchange. Consequently, the State shall
take effective measures, in consultation with ICCs/IPs concerned, to
eliminate prejudice and discrimination and to promote tolerance,
understanding and good relations among ICCs/IPs and all segments of society.
Furthermore, the Government shall take effective measures to ensure that
State-owned media duly reflect indigenous cultural diversity. The State
shall likewise ensure the participation of appropriate indigenous leaders in
schools, communities and international cooperative undertakings like
festivals, conferences, seminars and workshops to promote and enhance their
distinctive heritage and values.
Section 32.
Community Intellectual Rights. - ICCs/IPs have the right to practice and
revitalize their own cultural traditions and customs. The State shall
presence, protect and develop the past, present and future manifestations of
their cultures as well as the right to the restitution of cultural,
intellectual religious, and spiritual property taken without their free and
prior informed consent or in violation of their laws, traditions and
customs.
Section 33. Rights
to Religious, Cultural Sites and Ceremonies. -ICCs/IPs shall have the right
to manifest, practice, develop and teach their spiritual and religious
traditions, customs and ceremonies; the right to maintain, protect and have
access to their religious and cultural sites; the right to use and control
of ceremonial objects; and, the right to the repatriation of human remains.
Accordingly, the State shall take effective measures, in cooperation with
the ICCs/IPs concerned to ensure that indigenous sacred places, including
burial sites, be preserved, respected and protected. To achieve this
purpose, it shall be unlawful to:
a)
Explore, excavate or make diggings on archeological sites of the
ICCs/IPs for the purpose of obtaining materials of cultural values without
the free and prior informed consent of the community concerned; and
b)
Deface, remove or otherwise destroy artifacts which are of great
importance to the ICCs/IPs for the preservation of their cultural heritage.
Section 34. Right to
Indigenous Knowledge Systems and Practices and to Develop own Sciences and
Technologies. - ICCs/IPs are entitled to the recognition of the full
ownership and control end protection of their cultural and intellectual
rights. They shall have the right to special measures to control, develop
and protect their sciences, technologies and cultural manifestations,
including human and other genetic resources, seeds, including derivatives of
these resources, traditional medicines and hearth practices, vital medicinal
plants, animals and minerals, indigenous knowledge systems and practices,
knowledge of the properties of fauna and flora, oral traditions, literature,
designs, and visual and performing arts.
Section 35. Access
to Biological and Genetic Resources. - Access to biological and genetic
resources and to indigenous knowledge related to the conservation,
utilization and enhancement of these resources, shall be allowed within
ancestral lands and domains of the ICCs/IPs only with a free and prior
informed consent of such communities, obtained in accordance with customary
laws of the concerned community.
Section 36.
Sustainable Agro-Technical Development. - The State shall recognize the
right of ICCs/IPs to a sustainable agro-technological development and shall
formulate and implement programs of action for its effective implementation.
The State shall likewise promote the big-genetic and resource management
systems among the ICCs/IPs shall encourage cooperation among government
agencies to ensure the successful sustainable development of ICCs/IPs.
Section 37. Funds
for Archeological and Historical Sites. - The ICCs/ IPs shall have the right
to receive from the national government all funds especially earmarked or
allocated for the management and preservation of their archeological and
historical sites and artifacts with the financial and technical support of
the national government agencies.
Section 38. National
Commission on Indigenous Cultural Communities/lndigenous Peoples (NCIP). -
To carry out the policies herein set forth, there shall be created the
National Commission on ICCs/ IPs (NCIP), which shall be the primary
government agency responsible for the formulation and implementation of
policies, plans and programs to promote and protect the rights and
well-being of the ICCs/IPs and the recognition of their ancestral domains as
well as their rights thereto.
Section 39. Mandate.
- The NCIP shall protect and promote the interest and well-being of the ICCs/IPs
with due regard to their beliefs, customs, traditions and institutions.
Section 40.
Composition. - The NCIP shall be an independent agency under the Office of
the President and shall be composed of seven (7) Commissioners belonging to
ICCs/IPs, one (1) of whom shall be the Chairperson. The Commissioners shall
be appointed by the President of the Philippines from a list of recommenders
submitted by authentic ICCs/ IPs: Provided, That the seven (7) Commissioners
shall be appointed specifically from each of the following ethnographic
areas: Region I and the Cordilleras, Region II, the rest of Luzon, Island
Groups including Mindoro, Palawan, Romblon, Panay and the rest of the
Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and
Central Mindanao: Provided, That at least two (2) of the seven(7)
Commissioners shall be women.
Section 41.
Qualifications, Tenure, Compensation. - The Chairperson and the six (6)
Commissioners must tee natural born Filipino citizens, bonafide members of
ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and
who have worked for at least ten (10) years with an ICC/IP community and/or
any government agency involved in ICC/IP, at least 35 years of age at the
time of appointment, and must be of proven honesty and integrity: Provided,
That at least two (2) of the seven (7) Commissioners shall be members of the
Philippine Bar: Provided, farther, the members of the NCIP shall hold office
for a period of three (3) years, and may be subject to re-appointment for
another term: Provided, furthermore, That no person shall serve for more
than two (2) terms. Appointment to any vacancy shall only be for the
unexpired term of the predecessor and in no case shall a member be appointed
or designated in a temporary or acting capacity: Provided, finally, That the
Chairperson and the Commissioners shall be entitled to compensation m
accordance with the Salary Standardization Law.
Section 42. Removal
from office. - Any member of the NCIP may be removed from office by the
President, on his own initiative or upon recommendation by any indigenous
community, before the expiration of his term for cause and after complying
with due process requirement of law.
Section 43.
Appointment of Commissioners. - The President shall appoint the seven (7)
Commissioners of the NCIP within ninety (90) days from the effectivity of
this Act.
Section 44. Powers
and Functions. - To accomplish its mandate, the NCIP shall have the
following powers, jurisdiction and function:
a)
To serve as the primary government agency through which ICCs/IPs can
seek government assistance and as the medium, through which such assistance
may be extended;
b)
To review and assess the conditions of ICCs/IPs including existing
laws and policies pertinent thereto and to propose relevant laws and
policies to address their role in national development;
c)
To formulate and implement policies, plans, programs and projects for
the economic, social and cultural development of the ICCs/IPs and to monitor
the implementation thereof;
d)
To request and engage the services and support of experts from other
agencies of government or employ private experts and consultants as may be
required in the pursuit of its objectives;
e)
To issue certificate of ancestral land/domain title;
f)
Subject to existing laws, to enter into contracts, agreements, or
arrangement, with government or private agencies or entities as may be
necessary to attain the objectives of this Act, and subject to the approval
of the President, to obtain loans from government lending institutions and
other lending institutions to finance its programs;
a)
g)To negotiate for funds and to accept grants, donations, gifts
and/or properties in whatever form and from whatever source, local and
international, subject to the approval of the President of the Philippines,
for the benefit of ICCs/IPs and administer the same in accordance with the
terms thereof; or in the absence of any condition, in such manner consistent
with the interest of ICCs/IPs as well as existing laws;
g)
To coordinate development programs and projects for the advancement
of the ICCs/IPs and to oversee the proper implementation thereof;
h)
To convene periodic conventions or assemblies of IPs to review,
assess as well as propose policies or plans;
i)
To advise the President of the Philippines on all matters relating to
the ICCs/IPs and to submit within sixty (60) days after the close of each
calendar year, a report of its operations and achievements;
j)
To submit to Congress appropriate legislative proposals intended to
carry out the policies under this Act;
1)
To prepare and submit the appropriate budget to the Office of the
President;
b)
m)To issue appropriate certification as a pre-condition to the grant
of permit, lease, grant, or any other similar authority for the disposition,
utilization, management and appropriation by any private individual,
corporate entity or any government agency, corporation or subdivision
thereof on any part or portion of the ancestral domain taking into
consideration the consensus approval of the ICCs/IPs concerned;
c)
n) To decide all appeals from the decisions and acts of all the
various offices within the Commission;
p)
To promulgate the necessary rules and regulations for the
implementation of this Act;
q)
To exercise such other powers and functions as may be directed by the
President of the Republic of the Philippines; and
r)
To represent the Philippine ICCs/IPs in all international conferences
and conventions dealing with indigenous peoples and other related concerns.
Section 45.
Accessibility and Transparency. - Subject to such limitations as may be
provided by law or by rules and regulations promulgated pursuant thereto,
all official records, documents and papers pertaining to official acts,
transactions or decisions, as well as research data used as basis for policy
development of the Commission shall be made accessible to the public.
Section 46. Offices
within the NCIP. - The NCIP shall have the following offices which shall be
responsible for the implementation of the policies hereinafter provided:
a)
Ancestral Domains Office - The Ancestral Domain Office shall be
responsible for the identification, delineation and recognition of ancestral
lands/domains. It shall also be responsible for the management of ancestral
lands/domains in accordance with a master plan as well as the implementation
of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of
this Act. It shall also issue, upon the free and prior informed consent of
the ICCs/IPs concerned, certification prior to the grant of any license,
lease or permit for the exploitation of natural resources affecting the
interests of ICCs/IPs or their ancestral domains and to assist the ICCs/IPs
in protecting the territorial integrity of all ancestral domains. It shall
likewise perform such other functions as the Commission may deem appropriate
and necessary;
b)
Office on Policy, Planning and Research - The Of lice on Policy,
Planning and Research shall be responsible for the formulation of
appropriate policies and programs for ICCs/IPs such as, but not limited to,
the development of a Five-Year Master Plan for the lCCs/IPs. Such plan shall
undergo a process such that every five years, the Commission shall endeavor
to assess the plan and make ramifications in accordance with the changing
situations. The Office shall also undertake the documentation of customary
law and shall establish and maintain a Research Center that would serve as a
depository of ethnographic information for monitoring, evaluation and policy
formulation. It shall assist the legislative branch of the national
government in the formulation of appropriate legislation benefiting
ICCs/IPs;
c)
Office of Education, Culture and Health - The Office on Culture,
Education and Health shall be responsible for the effective implementation
of the education, cultural and rented rights as provided in this Act. It
shall assist, promote and support community schools, both formal and
non-formal, for the benefit of the local indigenous community, especially in
areas where existing educational facilities are not accessible to members of
the indigenous group. It shall administer all scholarship programs and other
educational rights intended for ICC/IP beneficiaries in coordination with
the Department of Education, Culture and Sports and the Commission on Higher
Education. It shall undertake, within the limits of available appropriation,
a special program which includes language and vocational training, public
health and family assistance program and rented subjects.
It shall also
identify ICCs/IPs with potential training in the health profession and
encourage and assist them to enroll in schools of medicine, nursing,
physical therapy and other allied courses pertaining to the health
profession.
Towards this end,
the NCIP shall deploy a representative in each of the said of offices
personally perform the foregoing task and who shall receive complaints from
the ICCs/IPs and compel action from appropriate agency. It shall also
monitor the activities of the National Museum and other similar government
agencies generally intended to manage and presence historical and
archeological artifacts of the ICCs/IPs and shall be responsible for the
implementation of such other functions as the NCIP may deem appropriate and
necessary;
d)
Office on Socio-Economic Services and Special Concerns. - The Office
on Socio-Economic Services and Special Concerns shall serve as the Office
through which the NCIP shall coordinate with pertinent government agencies
specially charged with the implementation of various basic socio-economic
services, policies, plans and programs affecting the ICCs/IPs to ensure that
the same are properly and directly enjoyed by them. It shall also be
responsible for such other functions as the NCIP may deem appropriate and
necessary;
e)
Office of Empowerment and Human Rights - The Office of Empowerment
and Human Rights shall ensure that indigenous sociopolitical, cultural and
economic rights are respected and recognized. It shall ensure that capacity
building mechanisms are instituted and ICCs/IPs are afforded every
opportunity, if they so choose, to participate in all levels of
decision-making. It shall likewise ensure that the basic human rights, and
such other rights as the NCIP may determine, subject to existing laws, rules
and regulations, are protected and promoted;
f)
Administrative Office - The Administrative Office shall provide the
NCIP with economical, efficient and effective services pertaining to
personnel, finance, records, equipment, security, supplies and related
services. It shall also administer the Ancestral Domains Fund; and
g)
Legal Affairs Office- There shall be a Legal Affairs Office which
shall advice the NCIP on all legal matters concerning ICCs/IPs and which
shall be responsible for providing ICCs/IPs with legal assistance in
litigation involving community interest. It shall conduct preliminary
investigation on the basis of complaints filed by the ICCs/IPs against a
natural or juridical person believed to have violated ICCs/UPs rights. On
the basis of its findings, it shall initiate the filing of appropriate legal
or administrative action to the NCIP.
Section 47. Other
Offices. - The NCIP shall have the power to create additional of offices it
may deem necessary subject to existing rules and regulations.
Section 48. Regional
and Field Offices. - Existing regional and field offices shall remain to
function under the strengthened organizational structure of the NCIP. Other
field offices shall be created wherever appropriate and the staffing pattern
thereof shall be determined by the NCIP: Provided, That in provinces where
there are ICCs/IPs but without field of offices, the NCIP shall establish
field offices in said provinces.
Section 49. (office
of the Executive Director. - The NCIP shall create the Office of the
Executive Director which shall serve as its secretariat. The office shall be
headed by an Executive Director who shall be appointed by the President of
the Republic of the Philippines upon recommendation of the NCIP on a
permanent basis. The staffing pattern of the office shall be determined by
the NCIP subject to existing rules and regulations.
Section 50.
Consultative Body. - A body consisting of the traditional leaders, elders
and representatives from the women and youth sectors of the different ICCs/IPs
shall be constituted by the NCIP from time to time to advise it on matters
relating to the problems, aspirations and interests of the ICCs/IPs.
Section 51.
Delineation and Recognition of Ancestral Domains. -Self-delineation shall be
the guiding principle in the identification and delineation of ancestral
domains. As such, the ICCs/IPs concerned shall have a decisive role in all
the activities pertinent thereto. The Sworn Statement of the Elders as to
the scope of the territories and agreements/ pacts made with neighboring
ICCs/IPs, if any, will be essential to the determination of these
traditional territories. The Government shall take the necessary steps to
identify lands which the ICCs/IPs concerned traditionally occupy and
guarantee effective protection of their rights of ownership and possession
thereto. Measures shall be taken in appropriate cases to safeguard the right
of the ICCs/IPs concerned to land which may no longer be exclusively
occupied by them, but to which they have traditionally had access for their
subsistence and traditional activities, particularly of ICCs/IPs who are
still nomadic and/or shifting cultivators.
Section 52.
Delineation Process. - The identification and delineation of ancestral
domains shall be done in accordance with the following procedures:
a)
Ancestral Domains Delineated Prior to this Act.- The provisions
hereunder shall not apply to ancestral domains/lands already delineated
according to DENR Administrative Order No. 2, series of 1993, nor to
ancestral lands and domains delineated under any other community/ ancestral
domain program prior to the enactment of this law. ICCs/IPs whose ancestral
lands/domains were officially delineated prior to the enactment of this law
shall have the right to apply for the issuance of a Certificate of Ancestral
Domain Title (CADT) over the area without going through the process outlined
hereunder;
b)
Petition for Delineation. - The process of delineating a specific
perimeter may be initiated by the NCIP with the consent of the ICC/IP
concerned, or through a Petition for Delineation filed with the NCIP, by a
majority of the members of the ICCs/IPs;
c)
Delineation 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. Delineation will be done in
coordination with the community concerned and shall at all times include
genuine involvement and participation by the members of the communities
concerned;
d)
Proof Required. - Proof of Ancestral Domain Claims shall include the
testimony of elders or community under oath, and other documents directly or
indirectly attesting to the possession or occupation of the area since time
immemorial by such ICCs/IPs in the concept of owners which shall be any one
( I ) of the following authentic documents:
1)
Written accounts of the ICCs/IPs customs and traditions;
2)
Written accounts of the ICCs/IPs political structure and
institution;
3)
Pictures showing long term occupation such as those of old
improvements, burial grounds, sacred places and old villages;
4)
Historical accounts, including pacts and agreements concerning
boundaries entered into by the ICCs/IPs concerned with other ICCs/lPs;
5)
Survey plans and sketch maps;
6)
Anthropological data;
7)
Genealogical surveys;
8)
Pictures and descriptive histories of traditional communal
forests and hunting grounds;
9)
Pictures and descriptive histories of traditional landmarks such
as mountains, rivers, creeks, ridges, hills, terraces and the like; and
10)
Write-ups of names and places derived from the native dialect of
the community.
e)
Preparation of Maps. - On the basis of such investigation and the
findings of fact based thereon, the Ancestral Domains Office shall prepare a
perimeter map, complete with technical descriptions, and a description of
the natural features and landmarks embraced therein;
f)
Report of Investigation and Other Documents. - A complete copy of the
preliminary census and a report of investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;
g)
Notice and Publication. - A copy of each document, including a
translation in the native language of the ICCs/IPs concerned shall be posted
in a prominent place therein for at least fifteen ( 15) days. A copy of the
document shall also be posted at the local, provincial and regional offices
of the NCIP, and shall be published in a newspaper of general circulation
once a week for two (2) consecutive weeks to allow other claimants to file
opposition thereto within fifteen (15) days from date of such publication:
Provided, That in areas where no such newspaper exists, broadcasting in a
radio station will be a valid substitute: Provided, further, That mere
posting shall be deemed sufficient if both newspaper and radio station are
not available;
h)
Endorsement to NCIP. - Within fifteen (15) days from publication, and
of the inspection process, the Ancestral Domains Office shall prepare a
report to the NCIP endorsing a favorable action upon a claim that is deemed
to have sufficient proof. However, if the proof is deemed insufficient, the
Ancestral Domains Office shall require the submission of additional
evidence: Provided, That the Ancestral Domains Office shall reject any claim
that is deemed patently false or fraudulent after inspection and
verification: Provided, further, That in case of rejection, the Ancestral
Domains Office shall give the applicant due notice, copy furnished all
concerned, containing the grounds for denial. The denial shall be appealable
to the NCIP: Provided, furthermore, That in cases where there are
conflicting claims among ICCs/IPs on the boundaries of ancestral domain
claims, the Ancestral Domains Office shall cause the contending parties to
meet and assist them in coming up with a preliminary resolution of the
conflict, without prejudice to its full adjudication according to the
section below.
i)
Turnover of Areas Within Ancestral Domains Managed by Other
Government Agencies. - The Chairperson of the NCIP shall certify Blat the
area covered is an ancestral domain. The secretaries of the Department of
Agrarian Reform, Department of Environment and Natural Resources, Department
of the Interior and Local Government, and Department of Justice, the
Commissioner of the National Development Corporation, and any other
government agency claiming jurisdiction over the area shall be notified
Thereof. Such notification shall terminate any legal basis for the
jurisdiction previously claimed;
j)
Issuance of CADT. - ICCs/IPs whose ancestral domains have been
officially delineated and determined by the NCIP shall be issued a CADT in
the name of the community concerned, containing a list of all dose
identified in the census; and
k)
Registration of CADTs. - The NCIP shall register issued certificates
of ancestral domain titles and certificates of ancestral lands tides before
She Register of Deeds in the place where the property is situated.
Section 53.
Identification, Delineation and Certification of Ancestral
a)
The allocation of lands within any ancestral domain to individual or
indigenous corporate (family or clan) claimants shall be left to the
ICCs/IPs concerned to decide in accordance with customs and traditions;
b)
Individual and indigenous corporate claimants of ancestral lands
which are not within ancestral domains, may have their claims officially
established by filing applications for the identification and delineation of
their claims with the Ancestral Domains Office. An individual or recognized
head of a family or clan may file such application in his behalf or in
behalf of his family or clan, respectively;
c)
Proofs of such claims shall accompany the application form which
shall include the testimony under oath of elders of the community and other
documents directly or indirectly attesting to the possession or occupation
of the areas since time immemorial by the individual or corporate claimants
in the concept of owners which shall be any of the authentic documents
enumerated under Sec. 52 (d) of this Act, including tax declarations and
proofs of payment of taxes;
d)
The Ancestral Domains Office may require from each ancestral claimant
the submission of such other documents, Sworn Statements and the like, which
in its opinion, may shed light on the veracity of the contents of the
application/claim;
e)
Upon receipt of the applications for delineation and recognition of
ancestral land claims, the Ancestral Domains Office shall cause the
publication of the application and a copy of each document submitted
including a translation in the native language of the ICCs/IPs concerned in
a prominent place therein for at least fifteen (15) days. A copy of the
document shall also be posted at the local, provincial, and regional offices
of the NCIP and shall be published in a newspaper of general circulation
once a week for two (2) consecutive weeks to allow other claimants to file
opposition thereto within fifteen (15) days from the date of such
publication: Provided, That in areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute: Provided,
further, That mere posting shall be deemed sufficient if both newspapers and
radio station are not available;
f)
Fifteen (15) days after such publication, the Ancestral Domains
Office shall investigate and inspect each application, and if found to be
meritorious, shall cause a parcellary survey of the area being claimed. The
Ancestral Domains Office shall reject any claim that is deemed patently
false or fraudulent after inspection and verification. In case of rejection,
the Ancestral Domains Office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial shall
be appealable to the NCIP. In case of conflicting claims among individual or
indigenous corporate claimants, the Ancestral Domains Office shall cause the
contending parties to meet and assist them in coming up with a preliminary
resolution of the conflict, without prejudice to its full adjudication
according to Sec. 62 of this Act. In all proceedings for the identification
or delineation of the ancestral domains as herein provided, the Director of
Lands shall represent the interest of the Republic of the Philippines; and
g)
The Ancestral Domains Office shall prepare and submit a report on
each and every application surveyed and delineated to the NCIP, which shall,
in turn, evaluate the report submitted. If the NCIP finds such claim
meritorious, it shall issue a certificate of ancestral land, declaring and
certifying the claim of each individual or corporate (family or clan)
claimant over ancestral lands.
Section 54.
Fraudulent Claims. - The Ancestral Domains Of lice may, upon written request
from the ICCs/lPs, review existing claims which have been fraudulently
acquired by any person or community. Any claim found to be fraudulently
acquired by, and issued to, any person or community may be cancelled by the
NCIP after due notice and hearing of all parties concerned.
Section 55. Communal
Rights. - Subject to Section 56 hereof, areas within the ancestral domains,
whether delineated or not, shall be presumed to be communally held:
Provided, That communal rights under this Act shall not be construed as
co-ownership as provided in Republic Act. No. 386, otherwise known as the
New Civil Code.
Section 56. Existing
Property Rights Regimes. - Property rights within the ancestral domains
already existing and/or vested upon effectivity of this Act, shall be
recognized and respected.
Section 57. Natural
Resources within Ancestral Domains. - The ICCs/ IPs shall have priority
rights in the harvesting, extraction, development or exploitation of any
natural resources within the ancestral domains. A non-member of the ICCs/IPs
concerned may be allowed to take part in the development and utilization of
the natural resources for a period of not exceeding twenty-five (25) years
renewable for not more than twenty-five (25) years: Provided, That a formal
and written agreement is entered into with the ICCs/IPs concerned or that
the community, pursuant to its own decision making process, has agreed to
allow such operation: Provided, finally, That the NCIP may exercise
visitorial powers and take appropriate action to safeguard the rights of the
ICCs/IPs under the same contract.
Section 58.
Environmental Considerations. - Ancestral domains or portions thereof, which
are found to be necessary for critical watersheds, mangroves, wildlife
sanctuaries, wilderness, protected areas, forest cover, or reforestation as
determined by appropriate agencies with the full participation of the ICCs/IPs
concerned shall be maintained, managed and developed for such purposes. The
ICCs/IPs concerned shall be given the responsibility to maintain, develop,
protect and conserve such areas with the full and effective assistance of
government agencies. Should the ICCs/IPs decide to transfer the
responsibility over the areas, said decision must be made in writing. The
consent of the ICCs/IPs should be arrived at in accordance with its
customary laws without prejudice to the basic requirements of existing laws
on free and prior informed consent: Provided, That the transfer shall be
temporary and will ultimately revert to the ICCs/IPs in accordance with a
program for technology transfer: Provided, further, That no ICCs/IPs shall
be displaced or relocated for the purpose enumerated under this section
without the written consent of the specific persons authorized to give
consent.
Section 59.
Certification Precondition. - All departments and other governmental
agencies shall henceforth be strictly enjoined from issuing, renewing, or
granting any concession, license or lease, or entering into any
production-sharing agreement, without prior certification from the NCIP that
the area affected does not overlap with any ancestral domain. Such
certification shall only be issued after a field-based investigation is
conducted by the Ancestral Domains Office of the area concerned: Provided,
That no certification shall be issued by the NCIP without the free and prior
informed and written consent of ICCs/IPs concerned: Provided, further, That
no department, government agency or government-owned or -controlled
corporation may issue new concession, license, lease, or production sharing
agreement while there is a pending application for a CADT: Provided,
finally, That the ICCs/IPs shall have the right to stop or suspend, in
accordance with this Act, any project that has not satisfied the requirement
of this consultation process.
Section 60.
Exemption from Taxes. - All lands certified to be ancestral domains shall be
exempt from real property taxes, special levies, end 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: Provided, That all exactions
shall be used to facilitate the development and improvement of the ancestral
domains.
Section 61.
Temporary Requisition Powers. - Prior to the establishment of an
institutional surveying capacity whereby it can effectively fulfill its
mandate, but in no case beyond three (3) years after its creation, the NCIP
is hereby authorized to request the Department of Environment and Natural
Resources (DENR) survey teams as well as other equally capable private
survey teams, through a Memorandum of Agreement (MOA), to delineate
ancestral domain perimeters. The DENR Secretary shall accommodate any such
request within one ( I ) month of its issuance: Provided, That the
Memorandum of Agreement shall stipulate, among others, a provision for
technology transfer to the NCIP.
Section 62.
Resolution of Conflicts. - In cases of conflicting interest, where there are
adverse claims within the ancestral domains as delineated in the survey
plan, and which can not be resolved, the NCIP shall hear and decide, after
notice to the proper parties, the disputes arising from the delineation of
such ancestral domains: Provided, That if the dispute is between and/or
among ICCs/IPs regarding the traditional boundaries of their respective
ancestral domains, customary process shall be followed. The NCIP shall
promulgate the necessary rules and regulations to carry out its adjudicatory
functions: Provided, further, That any decision, order, award or ruling of
the NCIP on any ancestral domain dispute or on any matter pertaining to the
application, implementation, enforcement and interpretation of this Act may
be brought for Petition for Review to the Court of Appeals within fifteen(
15) days from receipt of a copy thereof
Section 63.
Applicable Laws. - Customary laws, traditions and practices of the ICCs/IPs
of the land where the conflict arises shall be applied first with respect to
property rights, claims and ownerships, hereditary succession and settlement
of land disputes. Any doubt or ambiguity in the application and
interpretation of laws shall be resolved in favor of the ICCs/IPs.
Section 64. Remedial
Measures. - Expropriation may be resorted to in the resolution of conflicts
of interest following the principle of the "common good." The NCIP shall
take appropriate legal action for the cancellation of officially documented
titles which were acquired illegally: Provided, That such procedure shall
ensure that the rights of possessors in good faith shall be respected:
Provided further, That the action for cancellation shall be initiated within
two (2j years from the effectivity of this Act: Provided, finally, that the
action for reconveyance shall be within a period of ten ( 10) years in
accordance with existing laws.
Section 65. Primacy
of Customary Laws and Practices. - When disputes involve ICCs/IPs, customary
laws and practices shall be used to resolve the dispute.
Section 66.
Jurisdiction of the NClP. - The NCIP, through its regional offices, shall
have jurisdiction over all claims and disputes involving rights of ICCs/IPs:
Provided, however, That no such dispute shall be brought to the NCIP unless
the parties have exhausted all remedies provided under their customary laws.
For this purpose, a certification shall be issued by the Council of
Elders/Leaders who participated in the attempt to settle the dispute that
the same has not been resolved, which certification shall be a condition
precedent to the filing of a petition with the NCIP.
Section 67. Appeals
to the Court of Appeals. - Decisions of the NCIP shall be appealable to the
Court of Appeals byway of a petition for review.
Section 68.
Execution of Decisions, Awards Orders. - Upon expiration of the period
herein provided and no appeal is perfected by any of the contending parties,
the Hearing Of ricer of the NCIP, on its own initiative or upon motion by
the prevailing party, shall issue a writ of execution requiring the sheriff
or the proper officer to execute final decisions, orders or awards of the
Regional Hearing Officer of the NCIP.
Section 69.
Quasi-Judicial Powers of the NClP. - The NCIP shall have the power and
authority:
a)
To promulgate rules and regulations governing the hearing and
disposition of cases filed before it as well as those pertaining to its
internal functions and such rules and regulations as may be necessary to
carry out the purposes of this Act;
b) To administer oaths, summon the parties to a
controversy, issue subpoenas requiring the attendance and testimony of
witnesses or the production of such books, papers, contracts, records,
agreements and other document of similar nature as may be material to a just
determination of the matter under investigation or hearing conducted in
pursuance of this Act;
b)
To hold any person in contempt, directly or indirectly, and impose
appropriate penalties therefor; and
c)
To enjoin any or all acts involving or arising from any case pending
before it which, if not restrained forthwith, may cause grave or irreparable
damage to any of the parties to the case or seriously affect social or
economic activity.
Section 70. No
Restraining Order or Preliminary Injunction. - No inferior court of the
Philippines shall have jurisdiction to issue an restraining order or writ of
preliminary injunction against the NCIP or any of its duly authorized or
designated offices in any case, dispute or controversy arising from,
necessary to, or interpretation of this Act and other pertinent laws
relating to ICCs/IPs and ancestral domains.
Section 71.
Ancestral Domains Fund. - There is hereby created a special fund, to be
known as the Ancestral Domains Fund, an initial amount of One hundred thirty
million pesos (P130,000,000) to cover compensation for expropriated lands,
delineation and development of ancestral domains. An amount of Fifty million
pesos (P50,000,000) shall be sourced from the gross income of the Philippine
Charity Sweepstakes Office (PCSO) from its lotto operation, Ten million
pesos (P10,000,000) from the gross receipts of the travel tax of the
preceding year, the fund of the Social Reform Council intended for survey
and delineation of ancestral lands/domains, and such other source as the
government may deem appropriate. Thereafter, such amount shall be included
in the annual General Appropriations Act. Foreign as well as local funds
which are made available for the ICCs/lPs through the government of the
Philippines shall be coursed through the NCIP. The NCIP may also solicit and
receive donations, endowments and grants in the form of contributions, and
such endowments shall be exempted from income or gift taxes and all other
taxes, charges or fees imposed by the government or any political
subdivision or instrumentality thereof.
Section 72.
Punishable Acts and Applicable Penalties.- Any person who commits violation
of any of the provisions of this Act, such as, but not limited to,
unauthorized and/or unlawful intrusion upon any ancestral lands or domains
as stated in Sec. 10, Chapter III, or shall commit any of the prohibited
acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI
hereof, shall be punished in accordance with the customary laws of the ICCs/IPs
concerned: Provided, That no such penalty shall be cruel, degrading or
inhuman punishment: Provided, further, That neither shall the death penalty
or excessive fines be imposed. This provision shall be without prejudice to
the right of any ICCs/IPs to avail of the protection of existing laws. In
which case, any person who violates any provision of this Act shall, upon
conviction, be punished by imprisonment of not less than nine (9) months but
not more than twelve (12) years or a fine of not less than One hundred
thousand pesos (P100,000) nor more than Five hundred thousand pesos
(P500,000) or both such fine and imprisonment upon the discretion of the
court. In addition, he shall be obliged to pay to the ICCs/IPs concerned
whatever damage may have been suffered by the latter as a consequence of the
unlawful act.
Section 73. Persons
Subject to Punishment. - If the offender is a juridical person, all officers
such as, but not limited to, its president, manager, or head of office
responsible for their unlawful act shall be criminally liable therefor, in
addition to the cancellation of certificates of their registration and/or
license: Provided, That if the offender is a public official, the penalty
shall include perpetual disqualification to hold public office..
Section 74. Merger
of ONCC/OSCC. - The Office for Northern Cultural Communities (ONCC) and the
Office of Southern Cultural Communities (OSCC), created under Executive
Order Nos. 122-B and 122-C respectively, are hereby merged as organic
offices of the NCIP and shall continue to function under a revitalized and
strengthened structures to achieve the objectives of the NCIP: Provided,
That the positions of Staff Directors, Bureau Directors, Deputy Executive
Directors and Executive Directors, except positions of Regional Directors
and below, are hereby phased-out upon the effectivity of this Act: Provided,
further, That officials of the phased-out offices who may be qualified may
apply for reappointment with the NCIP and may be given prior rights in the
filling up of the newly created positions of NCIP, subject to the
qualifications set by the Placement Committee: Provided, furthermore, That
in the case where an indigenous person and a non-indigenous person with
similar qualifications apply for the same position, priority shall be given
to the former. Officers and employees who are to be phased-out as a result
of the merger of their offices shall be entitled to gratuity a rate
equivalent to one and a half (1 1/2) months salary for every year of
continuous and satisfactory service rendered or the equivalent nearest
fraction thereof favorable to them on the basis of the highest salary
received. If they are already entitled to retirement or gratuity, they shall
have the option to select either such retirement benefits or the gratuity
herein provided. Officers and employees who may be reinstated shall refund
such retirement benefits or gratuity received: Provided, finally, That
absorbed personnel must still meet the qualifications and standards set by
the Civil Service and the Placement Committee herein created.
Section 75.
Transition Period. - The ONCC/OSCC shall have a period of six (6) months
from the effectivity of this Act within which to wind up its affairs and to
conduct audit of its finances.
Section 76. Transfer
of Assets/Properties. - All real and personal properties which are vested
in, or belonging to, the merged offices as aforestated shall be transferred
to the NCIP without further need of conveyance, transfer or assignment and
shall be held for the same purpose as they were held by the former offices:
Provided, That all contracts, records and documents relating to the
operations of the merged offices shall be transferred to the NCIP. All
agreements and contracts entered into by the merged offices shall remain in
full force and effect unless otherwise terminated, modified or amended by
the NCIP.
Section 77.
Placement Committee. - Subject to rules on government reorganization, a
Placement Committee shall be created by the NCIP, in coordination with the
Civil Service Commission, which shall assist in the judicious selection and
placement of personnel in order that the best qualified and most deserving
persons shall be appointed in the reorganized agency. The Placement
Committee shall be composed of seven (7) commissioners and an ICCs'/IPs'
representative from each of the first and second level employees association
in the Offices for Northern and Southern Cultural Communities (ONCC/OSCC),
nongovernment organizations (NGOs) who have served the community for at
least five (5) years and peoples organizations (POs) with at least five (5)
years of existence. They shall be guided by the criteria of retention and
appointment to be prepared by the consultative body and by the pertinent
provisions of the civil service law.
Section 78. Special
Provision. - The City of Baguio shall remain to be governed by its Charter
and all lands proclaimed as part of its town site reservation shall remain
as such until otherwise reclassified by appropriate legislation: Provided,
That prior land rights and titles recognized and/or acquired through any
judicial, administrative or other processes before the effectivity of this
Act shall remain valid: Provided, further, That this provision shall not
apply to any territory which becomes part of the City of Baguio after the
effectivity of this Act.
Section 79.
Appropriations. - The amount necessary to finance the initial implementation
of this Act shall be charged against the current year's appropriation of the
ONCC and the OSCC. Thereafter, such sums as may be necessary for its
continued implementation shall be included in the annual General
Appropriations Act.
Section 80.
Implementing Rules and Regulations. - Within sixty (60) days immediately
after appointment, the NCIP shall issue the necessary rules and regulations,
in consultation with the Committees on National Cultural Communities of the
House of Representatives and the Senate, for the effective implementation of
this Act.
Section 81. Saving
Clause. - This Act will not in any manner adversely affect the rights and
benefits of the ICCs/IPs under other conventions, recommendations,
international treaties, national laws, awards, customs and agreements.
Section 82.
Separability Clause. - In case any provision of this Act or any portion
thereof is declared unconshtubona1 by a competent court, other provisions
shall not be affected thereby.
Section 83.
Repealing Clause. - Presidential Decree No. 410, Executive Order Nos. 122-B
and 122-C, and all other laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.
Section 84.
Effectivity. - This Act shall take effect fifteen (15) days upon its
publication in the (official Gazette or in any two (2) newspapers of general
circulation.
This Act, which is a
consolidation of Senate Bill No. 1728 and House Bill No. 9125 was finally
passed by the Senate and the House of Representatives on October 22, 1997.
Cuestiones
de Propiedad Intelectual & Bioética
