The
Indigenous Peoples Rights Act, provides for the
recognition, protection and promotion of the rights of
indigenous cultural communities / indigenous people.
SECTION 1. Short Title. This Act
shall be known as "The Indigenous Peoples Rights Act of 1997".
SEC. 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.
SEC. 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;
m) Non-government 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;
n) People's Organization refers
to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs;
o) Sustainable Traditional
Resource Rights refer to the rights of ICCs/IPs to 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
p) 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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;
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;
c) 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;
d) 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;
e) Right to Regulate Entry of
Migrants. Right to regulate the entry of migrant settlers and
organizations into the domains;
f) 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;
g) 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
h) Right to Resolve Conflict.
Right to resolve land conflicts in accordance with customary
laws of the area where the land is located, and only in default
thereof shall the complaints be submitted to amicable settlement
and to the Courts of Justice whenever necessary.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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 therefore.
CHAPTER V
SOCIAL JUSTICE AND HUMAN RIGHTS
SEC. 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.
SEC. 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.
SEC. 23. Freedom from
Discrimination and Right to Equal Opportunity and Treatment.
It shall be the right of the ICCs/IPs to be free from any form
of discrimination, with respect to recruitment and conditions of
employment, such that they may enjoy equal opportunities 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
reappointment 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.
SEC. 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.
SEC. 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.
SEC. 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;
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;
h) To coordinate development
programs and projects for the advancement of the ICCs/IPs and to
oversee the proper implementation thereof;
i) To convene periodic conventions
or assemblies of IPs to review, assess as well as propose
policies or plans;
j) To advise the President of the
Philippines on all matters relating to the ICCs/IPs and to
submit within sixty (60) days after the close of each calendar
year, a report of its operations and achievements;
k) 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;
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;
n) To decide all appeals from the
decisions and acts of all the various offices within the
Commission;
o) To promulgate the necessary
rules and regulations for the implementation of this Act;
p) To exercise such other powers
and functions as may be directed by the President of the
Republic of the Philippines; and
q) To represent the Philippine
ICCs/IPs in all international conferences and conventions
dealing with indigenous peoples and other related concerns.
SEC. 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.
SEC. 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.
SEC. 47. Other Offices. The NCIP
shall have the power to create additional of offices it may deem
necessary subject to existing rules and regulations.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
SEC. 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.
SEC. 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 re-conveyance shall be within a period of ten
( 10) years in accordance with existing laws.
SEC. 65. Primacy of Customary Laws
and Practices. When disputes involve ICCs/IPs, customary laws
and practices shall be used to resolve the dispute.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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;
c) To hold any person in contempt,
directly or indirectly, and impose appropriate penalties
therefor; and
d) 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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..
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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), non-government 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Approved,
JOSE DE VENECIA, JR.
Speaker of the House of Representatives
ERNESTO M. MACEDA
President of the Senate
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.
ROBERTO P. NAZARENO
Secretary General
House of Representatives
LORENZO E.
LEYNES, JR.
Secretary of the Senate
Approved: Oct 29 1997
FIDEL V. RAMOS
President of the Philippines
