ipra ra 8371

7/21/2019 Ipra Ra 8371

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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Tenth Congress

Republic Act No. 8371 October 29, 1997

AN ACT TO RCO!N"#, PROTCT AN$ PRO%OT T& R"!&T' O("N$"!NO)' C)*T)RA* CO%%)N"T"'+"N$"!NO)' POP*, CRAT"N! A

NAT"ONA* CO%%"''"ON O( "N$"!NO)' POP*, 'TA*"'&"N!"%P*%NT"N! %C&AN"'%', APPROPR"AT"N! ()N$' T&R(OR, AN$ (OR

OT&R P)RPO''

Be it enacted by the Senate and House of Representatives of the Philippines inCongress assembled::

C&APTR "!NRA* PRO-"'"ON'

'ection 1. Short Title. - This Act shall be known as "The Indigenous Peoples Rights Act of 1997."

'ection 2. Declaration of State Policies. - The State shall recognize and promote all

the rights of Indigenous Cultural Communities/Indigenous eoples !ICCs/Is"hereunder enumerated within the framework of the Constitution:

a" The State shall recognize and promote the rights of ICCs/Is within theframework of national unit# and de$elopment%

b"The State shall protect the rights of ICCs/Is to their ancestral domains toensure their economic& social and cultural well being and shall recognize theapplicabilit# of customar# laws go$erning propert# rights or relations indetermining the ownership and e'tent of ancestral domain%

c" The State shall recognize& respect and protect the rights of ICCs/Is topreser$e and de$elop their cultures& traditions and institutions( It shall considerthese rights in the formulation of national laws and policies%

d" The State shall guarantee that members of the ICCs/Is regardless of se'&shall e)uall# en*o# the full measure of human rights and freedoms withoutdistinctions or discriminations%

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e" The State shall take measures& with the participation of the ICCs/Isconcerned& to protect their rights and guarantee respect for their cultural integrit#&and to ensure that members of the ICCs/Is benefit on an e)ual footing from therights and opportunities which national laws and regulations grant to othermembers of the population and

f" The State recognizes its obligations to respond to the strong e'pression of theICCs/Is for cultural integrit# b# assuring ma'imum ICC/I participation in thedirection of education& health& as well as other ser$ices of ICCs/Is& in order torender such ser$ices more responsi$e to the needs and desires of thesecommunities(

Towards these ends& the State shall institute and establish the necessar# mechanismsto enforce and guarantee the realization of these rights& taking into consideration theircustoms& traditions& $alues& beliefs& their rights to their ancestral domains(

C&APTR ""$("N"T"ON O( TR%'

'ection 3. Definition of Terms. - +or purposes of this Act& the following terms shallmean:

a" Ancestral Domains - Sub*ect to Section , hereof& refer to all areas generall#belonging to ICCs/Is comprising lands&inland waters& coastal areas& and naturalresources therein& held under a claim of ownership& occupied or possessed b#ICCs/Is& themsel$es or through their ancestors& communall# or indi$iduall#since time immemorial& continuousl# to the present e'cept when interrupted b#

war& force ma*eure or displacement b# force& deceit& stealth or as a conse)uenceof go$ernment pro*ects or an# other $oluntar# dealings entered into b#go$ernment and pri$ate indi$iduals& corporations& and which are necessar# toensure their economic& social and cultural welfare( It shall include ancestral land&forests& pasture& residential& agricultural& and other lands indi$iduall# ownedwhether alienable and disposable or otherwise& hunting grounds& burial grounds&worship areas& bodies of water& mineral and other natural resources& and landswhich ma# no longer be e'clusi$el# occupied b# ICCs/Is but from which theirtraditionall# had access to for their subsistence and traditional acti$ities&particularl# the home ranges of ICCs/Is who are still nomadic and/or shiftingculti$ators%

b" Ancestral Lands - Sub*ect to Section , hereof& refers to land occupied&possessed and utilized b# indi$iduals& families and clans who are members of theICCs/Is since time immemorial& b# themsel$es or through their predecessors-in-interest& under claims of indi$idual or traditional group ownership&continuousl#& tothe present e'cept when interrupted b# war& force ma*eure or displacement b#force& deceit& stealth& or as a conse)uence of go$ernment pro*ects and other$oluntar# dealings entered into b# go$ernment and pri$ate

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indi$iduals/corporations& including& but not limited to& residential lots& rice terracesor paddies& pri$ate forests& swidden farms and tree lots%

c" Certificate of Ancestral Domain itle - refers to a title formall# recognizing therights of possession and ownership of ICCs/Is o$er their ancestral domains

identified and delineated in accordance with this law%

d" Certificate of Ancestral Lands itle ! refers to a title formall# recognizing therights of ICCs/Is o$er their ancestral lands%

e" Communal Claims - refer to claims on land& resources and rights thereon&belonging to the whole communit# within a defined territor#

f" Customary La"s - refer to a bod# of written and/or unwritten rules& usages&customs and practices traditionall# and continuall# recognized& accepted andobser$ed b# respecti$e ICCs/Is%

g" #ree and Prior $nformed Consent ! as used in this Act shall mean theconsensus of all members of the ICCs/Is to% be determined in accordance withtheir respecti$e customar# laws and practices& free from an# e'ternalmanipulation& interference and coercion& and obtained after full# disclosing theintent and scope of the acti$it#& in a language an process understandable to thecommunit#%

h" $ndigenous Cultural Communities%$ndigenous Peoples ! refer to a group ofpeople or homogenous societies identified b# self-ascription and ascription b#other& who ha$e continuousl# li$ed as organized communit# on communall#

bounded and defined territor#& and who ha$e& under claims of ownership sincetime immemorial& occupied& possessed customs& tradition and other distincti$ecultural traits& or who ha$e& through resistance to political& social and culturalinroads of colonization& non-indigenous religions and culture& became historicall#differentiated from the ma*orit# of +ilipinos( ICCs/Is shall likewise includepeoples who are regarded as indigenous on account of their descent from thepopulations which inhabited the countr#& at the time of con)uest or colonization&or at the time of inroads of non-indigenous religions and cultures& or theestablishment of present state boundaries& who retain some or all of their ownsocial& economic& cultural and political institutions& but who ma# ha$e beendisplaced from their traditional domains or who ma# ha$e resettled outside their

ancestral domains%

i" $ndigenous Political Structure ! refer to organizational and cultural leaderships#stems& institutions& relationships& patterns and processed for decision-makingand participation& identified b# ICCs/Is such as& but not limited to& Council of.lders& Council of Timua#s& odong 0older& or an# other tribunal or bod# ofsimilar nature%

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*" $ndividual Claims ! refer to claims on land and rights thereon which ha$e beende$ol$ed to indi$iduals& families and clans including& but not limited to& residentiallots& rice terraces or paddies and tree lots%

k" &ational Commission on $ndigenous Peoples '&C$P( ! refers to the office

created under this Act& which shall be under the 1ffice of the resident& andwhich shall be the primar# go$ernment agenc# responsible for the formulationand implementation of policies& plans and programs to recognize& protect andpromote the rights of ICCs/Is%

l" &ative itle ! refers to pre-con)uest rights to lands and domains which& as farback as memor# reaches& ha$e been held under a claim of pri$ate ownership b#ICCs/Is& ha$e ne$er been public lands and are thus indisputabl# presumed toha$e been held that wa# since before the Spanish Con)uest%

m" &ongovernment )rgani*ation ! refers to a pri$ate& nonprofit $oluntar#

organization that has been organized primaril# for the deli$er# of $arious ser$icesto the ICCs/Is and has an established track record for effecti$eness andacceptabilit# in the communit# where it ser$es%

n" People+s )rgani*ation ! refers to a pri$ate& nonprofit $oluntar# organization ofmembers of an ICC/I which is accepted as representati$e of such ICCs/Is%

o" Sustainable raditional Resource Rights ! refer to the rights of ICCs/Is tosustainabl# use&manage& protect and conser$e a" land& air& water& and minerals%b" plants& animals and other organisms% c" collecting& fishing and huntinggrounds% d" sacred sites% and e" other areas of economic& ceremonial and

aesthetic $alue in accordance with their indigenous knowledge& beliefs& s#stemsand practices% and

p" ime $mmemorial - refers to a period of time when as far back as memor# cango& certain ICCs/Is are known to ha$e occupied& possessed in the concept ofowner& and utilized a defined territor# de$ol$ed to them& b# operation ofcustomar# law or inherited from their ancestors& in accordance with their customsand traditions(

C&APTR """R"!&T' TO ANC'TRA* $O%A"N'

'ection . Concept of Ancestral ands!Domains. - Ancestral lands/domains shallinclude such concepts of territories which co$er not onl# the ph#sical en$ironment butthe total en$ironment including the spiritual and cultural bonds to the area which theICCs/Is possess& occup# and use and to which the# ha$e claims of ownership(

'ection /. Indigenous Concept of #nership. - Indigenous concept of ownershipsustains the $iew that ancestral domains and all resources found therein shall ser$e as

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the material bases of their cultural integrit#( The indigenous concept of ownershipgenerall# holds that ancestral domains are the ICC2s/I2s pri$ate but communit#propert# which belongs to all generations and therefore cannot be sold& disposed ordestro#ed( It likewise co$ers sustainable traditional resource rights(

'ection 0. Composition of Ancestral ands!Domains. - Ancestral lands and domainsshall consist of all areas generall# belonging to ICCs/Is as referred under Sec( 3& items!a" and !b" of this Act(

'ection 7. Rights to Ancestral Domains. - The rights of ownership and possession ofICCs/Is t their ancestral domains shall be recognized and protected( Such rights shallinclude:

a( Rights of )"nership,! The right to claim ownership o$er lands& bodies of water traditionall# and actuall# occupied b# ICCs/Is& sacred places& traditional huntingand fishing grounds& and all impro$ements made b# them at an# time within the

domains%

b( Right to Develop Lands and &atural Resources( - Sub*ect to Section ,hereof& right to de$elop& control and use lands and territories traditionall#occupied& owned& or used% to manage and conser$e natural resources within theterritories and uphold the responsibilities for future generations% to benefit andshare the profits from allocation and utilization of the natural resources foundtherein% the right to negotiate the terms and conditions for the e'ploration ofnatural resources in the areas for the purpose of ensuring ecological&en$ironmental protection and the conser$ation measures& pursuant to nationaland customar# laws% the right to an informed and intelligent participation in the

formulation and implementation of an# pro*ect& go$ernment or pri$ate& that willaffect or impact upon the ancestral domains and to recei$e *ust and faircompensation for an# damages which the# sustain as a result of the pro*ect% andthe right to effecti$e measures b# the go$ernment to pre$ent an# interfere with&alienation and encroachment upon these rights%

c( Right to Stay in the erritories- The right to sta# in the territor# and not beremo$ed therefrom( 4o ICCs/Is will be relocated without their free and priorinformed consent& nor through an# means other than eminent domain( 5hererelocation is considered necessar# as an e'ceptional measure& such relocationshall take place onl# with the free and prior informed consent of the ICCs/Is

concerned and whene$er possible& the# shall be guaranteed the right to return totheir ancestral domains& as soon as the grounds for relocation cease to e'ist(5hen such return is not possible& as determined b# agreement or throughappropriate procedures& ICCs/Is shall be pro$ided in all possible cases withlands of )ualit# and legal status at least e)ual to that of the land pre$iousl#occupied b# them& suitable to pro$ide for their present needs and futurede$elopment( ersons thus relocated shall likewise be full# compensated for an#resulting loss or in*ur#%

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d( Right in Case of Displacement ( - In case displacement occurs as a result ofnatural catastrophes& the State shall endea$or to resettle the displaced ICCs/Isin suitable areas where the# can ha$e temporar# life support s#stem: ro$ided&That the displaced ICCs/Is shall ha$e the right to return to their abandonedlands until such time that the normalc# and safet# of such lands shall be

determined: ro$ided& further& That should their ancestral domain cease to e'istand normalc# and safet# of the pre$ious settlements are not possible& displacedICCs/Is shall en*o# securit# of tenure o$er lands to which the# ha$e beenresettled: ro$ided& furthermore& That basic ser$ices and li$elihood shall bepro$ided to them to ensure that their needs are ade)uatel# addressed:

e( Right to Regulate -ntry of .igrants( - 6ight to regulate the entr# of migrantsettlers and organizations into the domains%

f( Right to Safe and Clean Air and /ater ( - +or this purpose& the ICCs/Is shallha$e access to integrated s#stems for the management of their inland waters

and air space%

g( Right to Claim Parts of Reservations( - The right to claim parts of the ancestraldomains which ha$e been reser$ed for $arious purposes& e'cept those reser$edand intended for common and public welfare and ser$ice% and

h( Right to Resolve Conflict ( - 6ight to resol$e land conflicts in accordance withcustomar# laws of the area where the land is located& and onl# in default thereofshall the complaints be submitted to amicable settlement and to the Courts of7ustice whene$er necessar#(

'ection 8. Rights to Ancestral ands. - The right of ownership and possession of theICCs/Is& to their ancestral lands shall be recognized and protected(

a( Right to transfer land%property ( - Such right shall include the right to transferland or propert# rights to/among members of the same ICCs/Is& sub*ect tocustomar# laws and traditions of the communit# concerned(

b( Right to Redemption( - In cases where it is shown that the transfer ofland/propert# rights b# $irtue of an# agreement or de$ise& to a non-member of theconcerned ICCs/Is is tainted b# the $itiated consent of the ICCs/Is&or istransferred for an unconscionable consideration or price& the transferor ICC/I

shall ha$e the right to redeem the same within a period not e'ceeding fifteen !8,"#ears from the date of transfer(

'ection 9. Responsi$ilities of ICCs!IPs to their Ancestral Domains. - ICCs/Isoccup#ing a dul# certified ancestral domain shall ha$e the following responsibilities:

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a( Maintain .cological alance- To preser$e& restore& and maintain a balancedecolog# in the ancestral domain b# protecting the flora and fauna& watershedareas& and other reser$es%

b( 6estore 9enuded Areas- To acti$el# initiate& undertake and participate in the

reforestation of denuded areas and other de$elopment programs and pro*ectssub*ect to *ust and reasonable remuneration% and

c( 1bser$e aws- To obser$e and compl# with the pro$isions of this Act and therules and regulations for its effecti$e implementation(

'ection 1. %nauthori&ed and %nla#ful Intrusion. - ;nauthorized and unlawfulintrusion upon& or use of an# portion of the ancestral domain& or an# $iolation of therights herein before enumerated& shall be punishable under this law( +urthermore& the<o$ernment shall take measures to pre$ent non-ICCs/Is from taking ad$antage of theICCs/Is customs or lack of understanding of laws to secure ownership& possession of

land belonging to said ICCs/Is(

'ection 11. Recognition of Ancestral Domain Rights. - The rights of ICCs/Is to their ancestral domains b# $irtue of 4ati$e Title shall be recognized and respected( +ormalrecognition& when solicited b# ICCs/Is concerned& shall be embodied in a Certificate of

Ancestral 9omain Title !CA9T"& which shall recognize the title of the concernedICCs/Is o$er the territories identified and delineated(

'ection 12. ption to Secure Certificate of Title under Common#ealth Act 1'1( asamended( or the and Registration Act '9) . - Indi$idual members of culturalcommunities& with respect to indi$iduall#-owned ancestral lands who& b# themsel$es or

through their predecessors-in -interest& ha$e been in continuous possession andoccupation of the same in the concept of owner since the immemorial or for a period ofnot less than thirt# !3=" #ears immediatel# preceding the appro$al of this Act anduncontested b# the members of the same ICCs/Is shll he the option to securetitle to their ncestrl ln4s un4er the proisions of Co55on6elth Act 11 & asamended& or the and 6egistration Act >?(

+or this purpose& si4 in4ii4ullo6ne4 ncestrl ln4s, 6hich re griculturl inchrcter n4 ctull use4 for griculturl, resi4entil, psture, n4 tree fr5ingpurposes, inclu4ing those 6ith slope of eighteen percent 18:; or 5ore, rehereb clssifie4 s lienble n4 4isposble griculturl ln4s(

The option granted under this Section shall be e'ercised within twent# !@=" #ears fromthe appro$al of this Act(

C&APTR "-R"!&T TO '*(!O-RNANC AN$ %PO<R%NT

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'ection 13. Self*+o,ernance. - The State recognizes the inherent right of ICCs/Is toself-go$ernance and self-determination and respects the integrit# of their $alues&practices and institutions( Conse)uentl#& the State shall guarantee the right of ICCs/Isto freel# pursue their economic& social and cultural de$elopment(

'ection 1. Support for Autonomous Regions. - The State shall continue tostrengthen and support the autonomous regions created under the Constitution as the#ma# re)uire or need( The State shall likewise encourage other ICCs/Is not included oroutside Muslim Mindanao and the Cordillera to use the form and content of their wa#s of life as ma# be compatible with the fundamental rights defined in the Constitution of the6epublic of the hilippines and other internationall# recognized human rights(

'ection 1/. -ustice Sstem( Conflict Resolution Institutions and Peace /uildingProcesses. - The ICCs/Is shall ha$e the right to use their own commonl# accepted

*ustice s#stems& conflict resolution institutions& peace building processes or mechanismsand other customar# laws and practices within their respecti$e communities and as ma#

be compatible with the national legal s#stem and with internationall# recognized humanrights(

'ection 10. Right to Participate in Decision *0aing . - ICCs/Is ha$e the right toparticipate full#& if the# so choose& at all le$els of decision-making in matters which ma#affect their rights& li$es and destinies through procedures determined b# them as well asto maintain and de$elop their own indigenous political structures( Conse)uentl#& theState shall ensure that the ICCs/Is shall be gi$en mandator# representation in polic#-making bodies and other local legislati$e councils(

'ection 17. Right to Determine and Decide Priorities for De,elopment . - The

ICCs/Is shall ha$e the right to determine and decide their own priorities forde$elopment affecting their li$es& beliefs& institutions& spiritual well-being& and the landsthe# own& occup# or use( The# shall participate in the formulation&implementation ande$aluation of policies& plans and programs for national& regional and local de$elopmentwhich ma# directl# affect them(

'ection 18. Tri$al /arangas. - The ICCs/Is li$ing in contiguous areas orcommunities where the# form the predominant population but which are located inmunicipalities& pro$inces or cities where the# do not constitute the ma*orit# of thepopulation& ma# form or constitute a separate baranga# in accordance with the ocal<o$ernment Code on the creation of tribal baranga#s(

'ection 19. Role of Peoples rgani&ations. - The State shall recognize and respectthe role of independent ICCs/Is organizations to enable the ICCs/Is to pursue andprotect their legitimate and collecti$e interests and aspirations through peaceful andlawful means(

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'ection 2. 0eans for De,elopment !2mpo#erment of ICCs!IPs. - The <o$ernmentshall establish the means for the full de$elopment/empowerment of the ICCs/Is owninstitutions and initiati$es and& where necessar#& pro$ide the resources needed therefor(

C&APTR -

'OC"A* =)'T"C AN$ &)%AN R"!&T'

'ection 21. 23ual Protection and 4on*discrimination of ICCs!IPs. - Consistent withthe e)ual protection clause of the Constitution of the 6epublic of the hilippines& theCharter of the ;nited 4ations& the ;ni$ersal 9eclaration of 0uman 6ights including theCon$ention on the .limination of 9iscrimination Against 5omen and International0uman 6ights aw& the State shall& with due recognition of their distinct characteristicsand identit#& accord to the members of the ICCs/Is the rights& protections andpri$ileges en*o#ed b# the rest of the citizenr#( It shall e'tend to them the sameemplo#ment rights& opportunities& basic ser$ices& educational and other rights andpri$ileges a$ailable to e$er# member of the societ#( Accordingl#& the State shall likewise

ensure that the emplo#ment of an# form of force of coersion against ICCs/Is shall bedealt with b# law(

The State shall ensure that the fundamental human rights and freedoms as enshrined inthe Constitution and rele$ant international instruments are guaranteed also toindigenous women( Towards this end& no pro$ision in this Act shall be interpreted so asto result in the diminution of rights and pri$ileges alread# recognized and accorded towomen under e'isting laws of general application(

'ection 22. Rights during Armed Conflict . - ICCs/Is ha$e the right to specialprotection and securit# in periods of armed conflict( The State shall obser$e

international standards& in particular& the +ourth <ene$a Con$ention of 8?>?& for theprotection of ci$ilian populations in circumstances of emergenc# and armed conflict& andshall not recruit members of the ICCs/Is against their will into armed forces& and inparticular& for the use against other ICCs/Is% not recruit children of ICCs/Is into thearmed forces under an# circumstance% nor force indigenous indi$iduals to abandon their lands& territories and means of subsistence& or relocate them in special centers formilitar# purposes under an# discriminator# condition(

'ection 23. 5reedom from Discrimination and Right to 23ual pportunit andTreatment . - It shall be the right of the ICCs/Is to be free from an# form ofdiscrimination& with respect to recruitment and conditions of emplo#ment& such that the#

ma# en*o# e)ual opportunities as other occupationall#-related benefits& informed of their rights under e'isting labor legislation and of means a$ailable to them for redress& notsub*ect to an# coerci$e recruitment s#stems& including bonded labor and other forms ofdebt ser$itude% and e)ual treatment in emplo#ment for men and women& including theprotection from se'ual harassment(

Towards this end& the State shall within the framework of national laws and regulations&and in cooperation with the ICCs/Is concerned& adopt special measures to ensure the

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effecti$e protection with regard to the recruitment and conditions of emplo#ment ofpersons belonging to these communities& to the e'tent that the# are not effecti$el#protected b# the laws applicable to workers in general(

ICCs/Is shall ha$e the right to association and freedom for all trade union acti$ities and

the right to conclude collecti$e bargaining agreements with emplo#ers2 conditions( The#shall likewise ha$e the right not to be sub*ect to working conditions hazardous to theirhealth& particularl# through e'posure to pesticides and other to'ic substances(

'ection 2. %nla#ful Acts Pertaining to 2mploment . - It shall be unlawful for an#person:

a( To discriminate against an# ICC/I with respect to the terms and conditions ofemplo#ment on account of their descent( .)ual remuneration shall be paid toICC/I and non-ICC/I for work of e)ual $alue% and

b( To den# an# ICC/I emplo#ee an# right or benefit herein pro$ided for or todischarge them for the purpose of pre$enting them from en*o#ing an# of therights or benefits pro$ided under this Act(

'ection 2/. /asic Ser,ices. - The ICC/I ha$e the right to special measures for theimmediate& effecti$e and continuing impro$ement of their economic and socialconditions& including in the areas of emplo#ment& $ocational training and retraining&housing& sanitation& health and social securit#( articular attention shall be paid to therights and special needs of indigenous women& elderl#& #outh& children and differentl#-abled persons( Accordingl#& the State shall guarantee the right of ICCs/Is togo$ernment 2s basic ser$ices which shall include& but not limited to water and electrical

facilities& education& health and infrastructure(

'ection 20. 6omen. - ICC/I women shall en*o# e)ual rights and opportunities withmen& as regards the social& economic& political and cultural spheres of life( Theparticipation of indigenous women in the decision-making process in all le$els& as wellas in the de$elopment of societ#& shall be gi$en due respect and recognition(

The State shall pro$ide full access to education& maternal and child care& health andnutrition& and housing ser$ices to indigenous women( ocational& technical& professionaland other forms of training shall be pro$ided to enable these women to full# participatein all aspects of social life( As far as possible& the State shall ensure that indigenous

women ha$e access to all ser$ices in their own languages(

'ection 27. Children and outh. - The State shall recognize the $ital role of thechildren and #outh of ICCs/Is in nation-building and shall promote and protect theirph#sical& moral& spiritual& moral& spiritual& intellectual and social well-being( Towards thisend& the State shall support all go$ernment programs intended for the de$elopment andrearing of the children and #outh of ICCs/Is for ci$ic efficienc# and establish such

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mechanisms as ma# be necessar# for the protection of the rights of the indigenouschildren and #outh(

'ection 28. Integrated Sstem of 2ducation. - The State shall& through the 4CI&pro$ide a complete& ade)uate and integrated s#stem of education& rele$ant to the needs

of the children and Boung people of ICCs/Is(

C&APTR -"C)*T)RA* "NT!R"T>

'ection 29. Protection of Indigenous Culture( traditions and institutions . - Thestate shall respect& recognize and protect the right of the ICCs/Is to preser$e andprotect their culture& traditions and institutions( It shall consider these rights in theformulation of national plans and policies(

'ection 3. 2ducational Sstems. - The State shall pro$ide e)ual access to $arious

cultural opportunities to the ICCs/Is through the educational s#stem& public or culturalentities& scholarships& grants and other incenti$es without pre*udice to their right toestablish and control their educational s#stems and institutions b# pro$iding educationin their own language& in a manner appropriate to their cultural methods of teaching andlearning( Indigenous children/#outh shall ha$e the right to all le$els and forms ofeducation of the State(

'ection 31. Recognition of Cultural Di,ersit . - The State shall endea$or to ha$e thedignit# and di$ersit# of the cultures& traditions& histories and aspirations of the ICCs/Isappropriatel# reflected in all forms of education& public information and cultural-educational e'change( Conse)uentl#& the State shall take effecti$e measures& in

consultation with ICCs/Is concerned& to eliminate pre*udice and discrimination and topromote tolerance& understanding and good relations among ICCs/Is and all segmentsof societ#( +urthermore& the <o$ernment shall take effecti$e measures to ensure thatState-owned media dul# reflect indigenous cultural di$ersit#( The State shall likewiseensure the participation of appropriate indigenous leaders in schools& communities andinternational cooperati$e undertakings like festi$als& conferences& seminars andworkshops to promote and enhance their distincti$e heritage and $alues(

'ection 32. Communit Intellectual Rights. - ICCs/Is ha$e the right to practice andre$italize their own cultural traditions and customs( The State shall preser$e& protectand de$elop the past& present and future manifestations of their cultures as well as the

right to the restitution of cultural& intellectual& religious& and spiritual propert# takenwithout their free and prior informed consent or in $iolation of their laws& traditions andcustoms(

'ection 33. Rights to Religious( Cultural Sites and Ceremonies. - ICCs/Is shallha$e the right to manifest& practice& de$elop teach their spiritual and religious traditions&customs and ceremonies% the right to maintain& protect and ha$e access to theirreligious and cultural sites% the right to use and control of ceremonial ob*ect% and the

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right to the repatriation of human remains( Accordingl#& the State shall take effecti$emeasures& in cooperation with the burial sites& be preser$ed& respected and protected(To achie$e this purpose& it shall be unlawful to:

a( .'plore& e'ca$ate or make diggings on archeological sites of the ICCs/Is for

the purpose of obtaining materials of cultural $alues without the free and priorinformed consent of the communit# concerned% and

b( 9eface& remo$e or otherwise destro# artifacts which are of great importance tothe ICCs/Is for the preser$ation of their cultural heritage(

'ection 3. Right to Indigenous 8no#ledge Sstems and Practices and toDe,elop o#n Sciences and Technologies. - ICCs/Is are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights( The#shall ha$e the right to special measures to control& de$elop and protect their sciences&technologies and cultural manifestations& including human and other genetic resources&

seeds& including deri$ati$es of these resources& traditional medicines and healthpractices& $ital medicinal plants& animals and minerals& indigenous knowledge s#stemsand practices& knowledge of the properties of fauna and flora& oral traditions& literature&designs& and $isual and performing arts(

'ection 3/. Access to /iological and +enetic Resources. - Access to biological andgenetic resources and to indigenous knowledge related to the conser$ation& utilizationand enhancement of these resources& shall be allowed within ancestral lands anddomains of the ICCs/Is onl# with a free and prior informed consent of suchcommunities& obtained in accordance with customar# laws of the concerned communit#(

'ection 30. Sustaina$le Agro*Technical De,elopment . - The State shall recognizethe right of ICCs/Is to a sustainable agro-technological de$elopment and shallformulate and implement programs of action for its effecti$e implementation( The Stateshall likewise promote the bio-genetic and resource management s#stems among theICCs/Is and shall encourage cooperation among go$ernment agencies to ensure thesuccessful sustainable de$elopment of ICCs/Is(

'ection 37. 5unds for Archeological and istorical Sites. - The ICCs/Is shall ha$ethe right to recei$e from the national go$ernment all funds especiall# earmarked orallocated for the management and preser$ation of their archeological and historical sitesand artifacts with the financial and technical support of the national go$ernment

agencies(

C&APTR -""NAT"ONA* CO%%"''"ON ON "N$"!NO)' POP*' NC"P;

'ection 38. 4ational Commission on Indigenous Cultural Communities !Indigenous Peoples :4CCP;. - to carr# out the policies herein set forth& there shall becreated the 4ational Commission on ICCs/Is !4CI"& which shall be the primar#

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go$ernment agenc# responsible for the formulation and implementation of policies&plans and programs to promote and protect the rights and well-being of the ICCs/Isand the recognition of their ancestral domains as well as their rights thereto(

'ection 39. 0andate. - The 4CI shall protect and promote the interest and well-being

of the ICCs/Is with due regard to their beliefs& customs& traditions and institutions(

'ection . Composition. - The 4CI shall be an independent agenc# under the 1fficeof the resident and shall be composed of se$en !" Commissioners belonging toICCs/Is& one !8" of whom shall be the Chairperson( The Commissioners shall beappointed b# the resident of the hilippines from a list of recommendees submitted b#authentic ICCs/Is: ro$ided& That the se$en !" Commissioners shall be appointedspecificall# from each of the following ethnographic areas: 6egion I and the Cordilleras%6egion II% the rest of uzon% Island <roups including Mindoro& alawan& 6omblon&ana# and the rest of the isa#as% 4orthern and 5estern Mindanao% Southern and.astern Mindanao% and Central Mindanao: ro$ided& That at least two !@" of the se$en

!" Commissioners shall be women(

'ection 1. <ualifications( Tenure( Compensation. - The Chairperson and the si' !"Commissioners must be natural born +ilipino citizens& bonafide members of ICCs/Is ascertified b# his/her tribe& e'perienced in ethnic affairs and who ha$e worked for at leastten !8=" #ears with an ICC/I communit# and/or an# go$ernment agenc# in$ol$ed inICC/I& at least 3, #ears of age at the time of appointment& and must be of pro$enhonest# and integrit#: ro$ided& That at least two !@" of the se$en !" Commissionersshall be the members of the hilippine ar: ro$ided& further& That the members of the4CI shall hold office for a period of three !3" #ears& and ma# be sub*ect to re-appointment for another term: ro$ided& furthermore& That no person shall ser$e for

more than two !@" terms( Appointment to an# $acanc# shall onl# be for the une'piredterm of the predecessor and in no case shall a member be appointed or designated in atemporar# or acting capacit#: ro$ided& finall#& That the Chairperson and theCommissioners shall be entitled to compensation in accordance with the Salar#Standardization aw(

'ection 2. Remo,al from ffice. - An# member of the 4CI ma# be remo$ed fromoffice b# the resident& on his own initiati$e or upon recommendation b# an# indigenouscommunit#& before the e'piration of his term for cause and after compl#ing with dueprocess re)uirement of law(

'ection 3. Appointment of Commissioners. - The resident shall appoint the se$en!" Commissioners of the 4CI within ninet# !?=" da#s from the effecti$it# of this Act(

'ection . Po#ers and 5unctions. - To accomplish its mandate& the 4CI shall ha$ethe following powers& *urisdiction and function:

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a" To ser$e as the primar# go$ernment agenc# through which ICCs/Is can seekgo$ernment assistance and as the medium& thorough which such assistance ma#be e'tended%

b" To re$iew and assess the conditions of ICCs/Is including e'isting laws and

policies pertinent thereto and to propose rele$ant laws and policies to addresstheir role in national de$elopment%

c" To formulate and implement policies& plans& programs and pro*ects for theeconomic& social and cultural de$elopment of the ICCs/Is and to monitor theimplementation thereof%

d" To re)uest and engage the ser$ices and support of e'perts from otheragencies of go$ernment or emplo# pri$ate e'perts and consultants as ma# bere)uired in the pursuit of its ob*ecti$es%

e" To issue certificate of ancestral land/domain title%

f" Sub*ect to e'isting laws& to enter into contracts& agreements& or arrangement&with go$ernment or pri$ate agencies or entities as ma# be necessar# to attain theob*ecti$es of this Act& and sub*ect to the appro$al of the resident& to obtain loansfrom go$ernment lending institutions and other lending institutions to finance itsprograms%

g" To negotiate for funds and to accept grants& donations& gifts and/or propertiesin whate$er form and from whate$er source& local and international& sub*ect tothe appro$al of the resident of the hilippines& for the benefit of ICCs/Is and

administer the same in accordance with the terms thereof% or in the absence ofan# condition& in such manner consistent with the interest of ICCs/Is as well ase'isting laws%

h" To coordinate de$elopment programs and pro*ects for the ad$ancement of theICCs/Is and to o$ersee the proper implementation thereof%

i" To con$ene periodic con$entions or assemblies of Is to re$iew& assess as wellas propose policies or plans%

*" To ad$ise the resident of the hilippines on all matters relating to the ICCs/Is

and to submit within si't# !=" da#s after the close of each calendar #ear& a reportof its operations and achie$ements%

k" To submit to Congress appropriate legislati$e proposals intended to carr# outthe policies under this Act%

l" To prepare and submit the appropriate budget to the 1ffice of the resident%

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m" To issue appropriate certification as a pre-condition to the grant of permit&lease& grant& or an# other similar authorit# for the disposition& utilization&management and appropriation b# an# pri$ate indi$idual& corporate entit# or an#go$ernment agenc#& corporation or subdi$ision thereof on an# part or portion ofthe ancestral domain taking into consideration the consensus appro$al of the

ICCs/Is concerned%

n" To decide all appeals from the decisions and acts of all the $arious officeswithin the Commission:

o" To promulgate the necessar# rules and regulations for the implementation ofthis Act%

p" To e'ercise such other powers and functions as ma# be directed b# theresident of the 6epublic of the hilippines% and

)" To represent the hilippine ICCs/Is in all international conferences andcon$entions dealing with indigenous peoples and other related concerns(

'ection /. Accessi$ilit and Transparenc . - Sub*ect to such limitations as ma# bepro$ided b# law or b# rules and regulations promulgated pursuant thereto& all officialrecords& documents and papers pertaining to official acts& transactions or decisions& aswell as research data used as basis for polic# de$elopment of the Commission shall bemade accessible to the public(

'ection 0. fficers #ithin the 4CIP . - The 4CI shall ha$e the following officeswhich shall be responsible for the implementation of the policies herein after pro$ided:

a( Ancestral Domains )ffice - The Ancestral 9omain 1ffice shall be responsiblefor the identification& delineation and recognition of ancestral land/domains( Itshall also be responsible for the management of ancestral lands/domains inaccordance with the master plans as well as the implementation of the ancestraldomain rights of the ICCs/Is as pro$ided in Chapter III of this Act( It shall alsoissue& upon the free and prior informed consent of the ICCs/Is concerned&certification prior to the grant of an# license& lease or permit for the e'ploitation of natural resources affecting the interests of ICCs/Is in protecting the territorialintegrit# of all ancestral domains( It shall likewise perform such other functions asthe Commission ma# deem appropriate and necessar#%

b( )ffice on Policy0 Planning and Research ! The 1ffice on olic#& lanning and6esearch shall be responsible for the formulation of appropriate policies andprograms for ICCs/Is such as& but not limited to& the de$elopment of a +i$e-Bear Master lan for the ICCs/Is( Such plan shall undergo a process such that e$er#fi$e #ears& the Commission shall endea$or to assess the plan and makeramifications in accordance with the changing situations( The 1ffice shall alsoundertake the documentation of customar# law and shall establish and maintain

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a 6esearch Center that would ser$e as a depositor# of ethnographic informationfor monitoring& e$aluation and polic# formulation( It shall assist the legislati$ebranch of the national go$ernment in the formulation of appropriate legislationbenefiting ICCs/Is(

c( )ffice of -ducation0 Culture and Health - The 1ffice on Culture& .ducation and0ealth shall be responsible for the effecti$e implementation of the education&cultural and related rights as pro$ided in this Act( It shall assist& promote andsupport communit# schools& both formal and non-formal& for the benefit of thelocal indigenous communit#& especiall# in areas where e'isting educationalfacilities are not accessible to members of the indigenous group( It shalladminister all scholarship programs and other educational rights intended forICC/I beneficiaries in coordination with the 9epartment of .ducation& Cultureand Sports and the Commission on 0igher .ducation( It shall undertake& withinthe limits of a$ailable appropriation& a special program which includes languageand $ocational training& public health and famil# assistance program and related

sub*ects(

It shall also identif# ICCs/Is with potential training in the health profession andencourage and assist them to enroll in schools of medicine& nursing& ph#sicaltherap# and other allied courses pertaining to the health profession(

Towards this end& the 4CI shall deplo# a representati$e in each of the saidoffices who shall personall# perform the foregoing task and who shall recei$ecomplaints from the ICCs/Is and compel action from appropriate agenc#( It shallalso monitor the acti$ities of the 4ational Museum and other similar go$ernmentagencies generall# intended to manage and preser$e historical and archeological

artifacts of the ICCs /Is and shall be responsible for the implementation of suchother functions as the 4CI ma# deem appropriate and necessar#%

d( )ffice on Socio!-conomic Services and Special Concerns - The 1ffice onSocio-.conomic Ser$ices and Special Concerns shall ser$e as the 1fficethrough which the 4CI shall coordinate with pertinent go$ernment agenciesspeciall# charged with the implementation of $arious basic socio-economicser$ices& policies& plans and programs affecting the ICCs/Is to ensure that thesame are properl# and directl# en*o#ed b# them( It shall also be responsible forsuch other functions as the 4CI ma# deem appropriate and necessar#%

e()ffice of -mpo"erment and Human Rights

- The 1ffice of .mpowerment and0uman 6ights shall ensure that indigenous socio- political& cultural and economicrights are respected and recognized( It shall ensure that capacit# buildingmechanisms are instituted and ICCs/Is are afforded e$er# opportunit#& if the# sochoose& to participate in all le$el decision-making( It shall likewise ensure that thebasic human rights& and such other rights as the 4CI ma# determine& sub*ect toe'isting laws& rules and regulations are protected and promoted%

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f( Administrative )ffice ! The Administrati$e 1ffice shall pro$ide the 4CI witheconomical& efficient and effecti$e ser$ices pertaining to personnel& finance&records& e)uipment& securit#& supplies& and related ser$ices( It shall alsoadminister the Ancestral 9omains +und% and

g( Legal Affairs )ffice - There shall be a egal Affairs 1ffice which shall ad$icethe 4CI on all legal matters concerning ICCs/Is and which shall beresponsible for pro$iding ICCs/Is with legal assistance in litigation in$ol$ingcommunit# interest( It shall conduct preliminar# in$estigation on the basis ofcomplaints filed b# the ICCs/Is against a natural or *uridical person belie$ed toha$e $iolated ICCs/Is rights( 1n the basis of its findings& it shall initiate the filingof appropriate legal or administrati$e action to the 4CI(

'ection 7. ther ffices. - The 4CI shall ha$e the power to create additional officesas it ma# deem necessar# sub*ect to e'isting rules and regulations(

'ection 8. Regional and 5ield ffices. - .'isting regional and field offices shallremain to function under the strengthened organizational structure of the 4CI( 1therfield office shall be created where$er appropriate and the staffing pattern thereof shallbe determined b# the 4CI: ro$ided& That in pro$inces where there are ICCs/Is butwithout field offices& the 4CI shall establish field offices in said pro$inces(

'ection 9. ffice of the 2=ecuti,e Director . - The 4CI shall create the 1ffice of the.'ecuti$e 9irector which shall ser$e as its secretariat( The office shall be headed b# an.'ecuti$e 9irector who shall be appointed b# the resident of the 6epublic of thehilippines upon the recommendation of the 4CI on a permanent basis( The staffingpattern of the office shall be determined b# the 4CI sub*ect to e'isting rules and

regulations(

'ection /. Consultati,e /od . - A bod# consisting of the traditional leaders& eldersand representati$es from the women and #outh sectors of the different ICCs/Is shallbe constituted b# the 4CI from the time to time to ad$ise it on matters relating to theproblems& aspirations and interests of the ICCs/Is(

C&APTR -"""$*"NAT"ON AN$ RCO!N"T"ON O( ANC'TRA* $O%A"N'

'ection /1. Delineation and Recognition of Ancestral Domains. - Self-delineation

shall be guiding principle in the identification and delineation of ancestral domains( Assuch& the ICCs/Is concerned shall ha$e a decisi$e role in all the acti$ities pertinentthereto( The Sworn Statement of the .lders as to the Scope of the territories andagreements/pacts made with neighboring ICCs/Is& if an#& will be essential to thedetermination of these traditional territories( The <o$ernment shall take the necessar#steps to identif# lands which the ICCs/Is concerned traditionall# occup# and guaranteeeffecti$e protection of their rights of ownership and possession thereto( Measures shallbe taken in appropriate cases to safeguard the rights of the ICCs/Is concerned to land

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which ma# no longer be e'clusi$el# occupied b# them& but to which the# ha$etraditionall# had access for their subsistence and traditional acti$ities& particularl# ofICCs/Is who are still nomadic and/or shifting culti$ators(

'ection /2. 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 pro$isions hereundershall not appl# to ancestral domains/lands alread# delineated according to 9.46

Administrati$e 1rder 4o( @& series of 8??3& nor to ancestral lands and domainsdelineated under an# other communit#/ancestral domain program prior to theenactment of his law( ICCs/Is enactment of this law shall ha$e the right to appl#for the issuance of a Certificate of Ancestral 9omain Title !CA9T" o$er the areawithout going through the process outlined hereunder%

b( Petition for Delineation - The process of delineating a specific perimeter ma#

be initiated b# the 4CI with the consent of the ICC/I concerned& or through aetition for 9elineation filed with the 4CI& b# a ma*orit# of the members of theICCs/Is%

c( Delineation Paper - The official delineation of ancestral domain boundariesincluding census of all communit# members therein& shall be immediatel#undertaken b# the Ancestral 9omains 1ffice upon filing of the application b# theICCs/Is concerned( 9elineation will be done in coordination with the communit#concerned and shall at all times include genuine in$ol$ement and participation b#the members of the communities concerned%

d( Proof re1uired - roof of Ancestral 9omain Claims shall include the testimon#of elders or communit# under oath& and other documents directl# or indirectl#attesting to the possession or occupation of the area since time immemorial b#such ICCs/Is in the concept of owners which shall be an# one !8" of thefollowing authentic documents:

8( 5ritten accounts of the ICCs/Is customs and traditions%

@( 5ritten accounts of the ICCs/Is political structure and institution%

3( ictures showing long term occupation such as those of old

impro$ements& burial grounds& sacred places and old $illages%

>( 0istorical accounts& including pacts and agreements concerningboundaries entered into b# the ICCs/Is concerned with other ICCs/Is%

,( Sur$e# plans and sketch maps%

( Anthropological data%

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( <enealogical sur$e#s%

D( ictures and descripti$e histories of traditional communal forests andhunting grounds%

?( ictures and descripti$e histories of traditional landmarks such asmountains& ri$ers& creeks& ridges& hills& terraces and the like% and

8=( 5rite-ups of names and places deri$ed from the nati$e dialect of thecommunit#(

e( Preparation of .aps - 1n the basis of such in$estigation and the findings offact based thereon& the Ancestral 9omains 1ffice of the 4CI shall prepare aperimeter map& complete with technical descriptions& and a description of thenatural features and landmarks embraced therein%

f( Report of $nvestigation and )ther Documents - A complete cop# of thepreliminar# census and a report of in$estigation& shall be prepared b# the Ancestral 9omains 1ffice of the 4CI%

g( &otice and Publication - A cop# of each document& including a translation inthe nati$e language of the ICCs/Is concerned shall be posted in a prominentplace therein for at least fifteen !8," da#s( A cop# of the document shall also beposted at the local& pro$incial and regional offices of the 4CI& and shall bepublished in a newspaper of general circulation once a week for two !@"consecuti$e weeks to allow other claimants to file opposition thereto within fifteen!8," da#s from the date of such publication: ro$ided& That in areas where no

such newspaper e'ists& broadcasting in a radio station will be a $alid substitute:ro$ided& further& That mere posting shall be deemed sufficient if both newspaper and radio station are not a$ailable%

h( -ndorsement to &C$P ! 5ithin fifteen !8," da#s from publication& and of theinspection process& the Ancestral 9omains 1ffice shall prepare a report to the4CI endorsing a fa$orable action upon a claim that is deemed to ha$e sufficientproof( 0owe$er& if the proof is deemed insufficient& the Ancestral 9omains 1fficeshall re)uire the submission of additional e$idence: ro$ided& That the Ancestral9omains 1ffice shall re*ect an# claim that is deemed patentl# false or fraudulentafter inspection and $erification: ro$ided& further& That in case of re*ection& the

Ancestral 9omains 1ffice shall gi$e the applicant due notice& cop# furnished allconcerned& containing the grounds for denial( The denial shall be appealable tothe 4CI: ro$ided& furthermore& That in cases where there are conflictingclaims& the Ancestral 9omains 1ffice shall cause the contending parties to meetand assist them in coming up with a preliminar# resolution of the conflict& withoutpre*udice to its full ad*udication according to the selection below(

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i( urnover of Areas /ithin Ancestral Domains .anaged by )ther 2overnment Agencies - The Chairperson of the 4CI shall certif# that the area co$ered is anancestral domain( The secretaries of the 9epartment of Agrarian 6eform&9epartment of .n$ironment and 4atural 6esources& 9epartment of the Interiorand ocal <o$ernment& and 9epartment of 7ustice& the Commissioner of the

4ational 9e$elopment Corporation& and an# other go$ernment agenc# claiming *urisdiction o$er the area shall be notified thereof( Such notification shallterminate an# legal basis for the *urisdiction pre$iousl# claimed%

*( $ssuance of CAD - ICCs/Is whose ancestral domains ha$e been officiall#delineated and determined b# the 4CI shall be issued a CA9T in the name ofthe communit# concerned& containing a list of all those identified in the census%and

k( Registration of CADs - The 4CI shall register issued certificates of ancestraldomain titles and certificates of ancestral lands titles before the 6egister of

9eeds in the place where the propert# is situated(

'ection /3. Identification( Delineation and Certification of Ancestral ands. -

a( The allocation of lands within an# ancestral domain to indi$idual or indigenouscorporate !famil# or clan" claimants shall be left to the ICCs/Is concerned todecide in accordance with customs and traditions%

b( Indi$idual and indigenous corporate claimants of ancestral lands which are notwithin ancestral domains& ma# ha$e their claims officiall# established b# filingapplications for the identification and delineation of their claims with the Ancestral

9omains 1ffice( An indi$idual or recognized head of a famil# or clan ma# filesuch application in his behalf or in behalf of his famil# or clan& respecti$el#%

c( roofs of such claims shall accompan# the application form which shall includethe testimon# under oath of elders of the communit# and other documentsdirectl# or indirectl# attesting to the possession or occupation of the areas sincetime immemorial b# the indi$idual or corporate claimants in the concept ofowners which shall be an# of the authentic documents enumerated under Sec(,@ !d" of this act& including ta' declarations and proofs of pa#ment of ta'es%

d( The Ancestral 9omains 1ffice ma# re)uire from each ancestral claimant the

submission of such other documents& Sworn Statements and the like& which in itsopinion& ma# shed light on the $eracit# of the contents of the application/claim%

e( ;pon receipt of the applications for delineation and recognition of ancestralland claims& the Ancestral 9omains 1ffice shall cause the publication of theapplication and a cop# of each document submitted including a translation in thenati$e language of the ICCs/Is concerned in a prominent place therein for atleast fifteen !8," da#s( A cop# of the document shall also be posted at the local&

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pro$incial& and regional offices of the 4CI and shall be published in anewspaper of general circulation once a week for two !@" consecuti$e weeks toallow other claimants to file opposition thereto within fifteen !8," da#s from thedate of such publication: ro$ided& That in areas where no such newspapere'ists& broadcasting in a radio station will be a $alid substitute: ro$ided& further&

That mere posting shall be deemed sufficient if both newspapers and radiostation are not a$ailable

f( +ifteen !8," da#s after such publication& the Ancestral 9omains 1ffice shallin$estigate and inspect each application& and if found to be meritorious& shallcause a parcellar# sur$e# of the area being claimed( The Ancestral 9omainsoffice shall re*ect an# claim that is deemed patentl# false or fraudulent afterinspection and $erification( In case of re*ection& the Ancestral 9omains officeshall gi$e the applicant due notice& cop# furnished all concerned& containing thegrounds for denial( The denial shall be appealable to the 4CI( In case ofconflicting claims among indi$idual or indigenous corporate claimants& the

Ancestral domains 1ffice shall cause the contending parties to meet and assistthem in coming up with a preliminar# resolution of the conflict& without pre*udiceto its full ad*udication according to Sec( @ of this Act( In all proceedings for theidentification or delineation of the ancestral domains as herein pro$ided& the9irector of ands shall represent the interest of the 6epublic of the hilippines%and

g( The Ancestral 9omains 1ffice shall prepare and submit a report on each ande$er# application sur$e#ed and delineated to the 4CI& which shall& in turn&e$aluate or corporate !famil# or clan" claimant o$er ancestral lands(

'ection /. 5raudulent Claims. - The Ancestral 9omains 1ffice ma#& upon writtenre)uest from the ICCs/Is& re$iew e'isting claims which ha$e been fraudulentl#ac)uired b# an# person or communit#( An# claim found to be fraudulentl# ac)uired b#&and issued to& an# person or communit# ma# be cancelled b# the 4CI after due noticeand hearing of all parties concerned(

'ection //. Communal Rights. - Sub*ect to Section , hereof& areas within theancestral domains& whether delineated or not& shall be presumed to be communall#held: ro$ide& That communal rights under this Act shall not be construed as co-ownership as pro$ided in 6epublic Act( 4o( 3D& otherwise known as the 4ew Ci$ilCode(

'ection /0. 2=isting Propert Rights Regimes. - ropert# rights within the ancestraldomains alread# e'isting and/or $ested upon effecti$it# of this Act& shall be recognizedand respected(

'ection /7. 4atural Resources #ithin Ancestral Domains. - The ICCs/Is shall ha$ethe priorit# rights in the har$esting& e'traction& de$elopment or e'ploitation of an#natural resources within the ancestral domains( A non-member of the ICCs/Is

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concerned ma# be allowed to take part in the de$elopment and utilization of the naturalresources for a period of not e'ceeding twent#-fi$e !@," #ears renewable for not morethan twent#-fi$e !@," #ears: ro$ided& That a formal and written agreement is enteredinto with the ICCs/Is concerned or that the communit#& pursuant to its own decisionmaking process& has agreed to allow such operation: ro$ided& finall#& That the all

e'tractions shall be used to facilitate the de$elopment and impro$ement of the ancestraldomains(

'ection /8. 2n,ironmental Consideration. - Ancestral domains or portion thereof&which are found necessar# for critical watersheds& mangro$es wildlife sanctuaries&wilderness& protected areas& forest co$er& or reforestation as determined b# theappropriate agencies with the full participation of the ICCs/Is concerned shall bemaintained& managed and de$eloped for such purposes( The ICCs/Is concerned shallbe gi$en the responsibilit# to maintain& de$elop& protect and conser$e such areas withthe full and effecti$e assistance of the go$ernment agencies( Should the ICCs/Isdecide to transfer the responsibilit# o$er the areas& said decision must be made in

writing( The consent of the ICCs/Is should be arri$ed at in accordance with itscustomar# laws without pre*udice to the basic re)uirement of the e'isting laws on freeand prior informed consent: ro$ided& That the transfer shall be temporar# and willultimatel# re$ert to the ICCs/Is in accordance with a program for technolog# transfer:ro$ided& further& That no ICCs/Is shall be displaced or relocated for the purposeenumerated under this section without the written consent of the specific personsauthorized to gi$e consent(

'ection /9. Certification Precondition. - all department and other go$ernmentalagencies shall henceforth be strictl# en*oined from issuing& renewing& or granting an#concession& license or lease& or entering into an# production-sharing agreement& without

prior certification from the 4CI that the area affected does not o$erlap with an#ancestral domain( Such certificate shall onl# be issued after a field-based in$estigationis conducted b# the Ancestral 9omain 1ffice of the area concerned: ro$ided& That nocertificate shall be issued b# the 4CI without the free and prior informed and writtenconsent of the ICCs/Is concerned: ro$ided& further& That no department& go$ernmentagenc# or go$ernment-owned or -controlled corporation ma# issue new concession&license& lease& or production sharing agreement while there is pending applicationCA9T: ro$ided& finall#& That the ICCs/Is shall ha$e the right to stop or suspend& inaccordance with this Act& an# pro*ect that has not satisfied the re)uirement of thisconsultation process(

'ection 0. 2=emption from Ta=es. - All lands certified to be ancestral domains shallbe e'empt from real propert# ta'es& speciall# le$ies& and other forms of e'action e'ceptsuch portion of the ancestral domains as are actuall# used for large-scale agriculture&commercial forest plantation and residential purposes and upon titling b# other b#pri$ate person: ro$ided& that all e'actions shall be used to facilitate the de$elopmentand impro$ement of the ancestral domains(

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'ection 01. Temporar Re3uisition Po#ers. - rior to the establishment of aninstitutional sur$e#ing capacit# whereb# it can effecti$el# fulfill its mandate& but in nocase be#ond three !3" #ears after its creation& the 4CI is hereb# authorized to re)uestthe 9epartment of .n$ironment and 4atural 6esources !9.46" sur$e# teams as wellas other e)uall# capable pri$ate sur$e# teams& through a Memorandum of Agreement

!M1A"& to delineate ancestral domain perimeters( The 9.46 Secretar# shallaccommodate an# such re)uest within one !8" month of its issuance: ro$ided& That theMemorandum of Agreement shall stipulate& among others& a pro$ision for technolog#transfer to the 4CI(

'ection 02. Resolution of Conflicts. - In cases of conflicting interest& where there aread$erse claims within the ancestral domains as delineated in the sur$e# plan& and whichcannot be resol$ed& the 4CI shall hear and decide& after notice to the proper parties&the disputes arising from the delineation of such ancestral domains: ro$ided& That ifthe dispute is between and/or among ICCs/Is regarding the traditional boundaries oftheir respecti$e ancestral domains& customar# process shall be followed( The 4CI

shall promulgate the necessar# rules and regulations to carr# out its ad*udicator#functions: ro$ided& further& That in an# decision& order& award or ruling of the 4CI onan# ancestral domain dispute or on an# matter pertaining to the application&implementation& enforcement and interpretation of this Act ma# be brought for etitionfor 6e$iew to the Court of Appeals within fifteen !8," da#s from receipt of a cop#thereof(

'ection 03. Applica$le a#s. - Customar# laws& traditions and practices of theICCs/Is of the land where the conflict arises shall be applied first with respect topropert# rights& claims and ownerships& hereditar# succession and settlement of landdisputes( An# doubt or ambiguit# in the application of laws shall be resol$ed in fa$or of

the ICCs/Is(

'ection 0. Remedial 0easures. - .'propriation ma# be resorted to in the resolutionof conflicts of interest following the principle of the Ecommon goodE( The 4CI shall takeappropriate legal action for the cancellation of officiall# documented titles which wereac)uired illegall#: ro$ided& That such procedure shall ensure that the rights ofpossessors in good faith shall be respected: ro$ided& further& That the action forcancellation shall be initiated within two !@" #ears from the effecti$it# of this Act:ro$ided& finall#& That the action for recon$e#ance shall be a period of ten !8=" #ears inaccordance with e'isting laws(

C&APTR "?=)R"'$"CT"ON AN$ PROC$)R' (OR N(ORC%NT O( R"!&T'

'ection 0/. Primar of Customar a#s and Practices. - 5hen disputes in$ol$eICCs/Is& customar# laws and practices shall be used to resol$e the dispute(

'ection 00. -urisdiction of the 4CIP . - The 4CI& through its regional offices& shallha$e *urisdiction o$er all claims and disputes in$ol$ing rights of ICCs/Is% ro$ided&

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howe$er& That no such dispute shall be brought to the 4CI unless the parties ha$ee'hausted all remedies pro$ided under their customar# laws( +or this purpose& acertification shall be issued b# the Council of .lders/eaders who participated in theattempt to settle the dispute that the same has not been resol$ed& which certificationshall be a condition precedent to the filing of a petition with the 4CI(

'ection 07. Appeals to the Court of Appeals. - 9ecisions of the 4CI shall beappealable to the Court of Appeals b# wa# of a petition for re$iew(

'ection 08. 2=ecution of Decisions( A#ards( rders. - ;pon e'piration of the periodhere pro$ided and no appeal is perfected b# an# of the contending parties& the 0earing1fficer of the 4CI& on its own initiati$e or upon motion b# the pre$ailing part#& shallissue a writ of e'ecution re)uiring the sheriff or the proper officer to e'ecute finaldecisions& orders or awards of the 6egional 0earing 1fficer of the 4CI(

'ection 09. <uasi*-udicial Po#ers of the 4CIP . - The 4CI shall ha$e the power and

authorit#:

a( To promulgate rules and regulations go$erning the hearing and disposition ofcases filed before it as well as those pertaining to its internal functions and suchrules and regulations as ma# be necessar# to carr# out the purposes of this Act%

b( To administer oaths& summon the parties to a contro$ers#& issue subpoenasre)uiring the attendance and testimon# of witnesses or the production of suchbooks& papers& contracts& records& agreements and other document of similarnature as ma# be material to a *ust determination of the matter underin$estigation or hearing conducted in pursuance of this Act%

c( To hold an# person in contempt& directl# or indirectl#& and impose appropriatepenalties therefor% and

d( To en*oin an# or all acts in$ol$ing or arising from an# case pending therefore itwhich& if not restrained forthwith& ma# cause gra$e or irreparable damage to an#of the parties to the case or seriousl# affect social or economic acti$it#(

'ection 7. 4o restraining rder or Preliminar In>unction. - 4o inferior court of thehilippines shall ha$e the *urisdiction to issue an# restraining order or writ of preliminar#in*unction against the 4CI or an# of its dul# authorized or designated offices in an#

case& dispute or contro$ers# to& or interpretation of this Act and other pertinent lawsrelating to ICCs/Is and ancestral domains(

C&APTR ?ANC'TRA* $O%A"N' ()N$

'ection 71. Ancestral Domains 5und . - There is hereb# created a special fund& to beknown as the Ancestral 9omains +und& an initial amount of the 1ne 0undred thirt#

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million pesos!83=&===&===" to co$er compensation for e'propriated lands& delineationand de$elopment of ancestral domains( An amount of +ift# million pesos !,=&===&==="shall be sourced from the gross income of the hilippine Charit# Sweepstakes 1ffice!CS1" from its lotto operation& Ten millions pesos !8=&===&===" from the grossreceipts of the tra$el ta' of the preceding #ear& the fund of the Social 6eform Council

intended for sur$e# and delineation of ancestral lands/domains& and such other sourceas the go$ernment ma# be deem appropriate( Thereafter such amount shall be includedin the annual <eneral Appropriations Act( +oreign as well as local funds which are madea$ailable for the ICCs/Is through the go$ernment of the hilippines shall be coursedthrough the 4CI( The 4CI ma# also solicit and recei$e donations& endowments shallbe e'empted from income or gift ta'es and all other ta'es& charges or fees imposed b#the go$ernment or an# political subdi$ision or instrumentalit# thereof(

C&APTR ?"PNA*T"'

'ection 72. Punisha$le Acts and Applica$le Penalties. - An# person who commits$iolation of an# of the pro$isions of this Act& such as& but not limited to& authorizedand/or unlawful intrusion upon an# ancestral lands or domains as stated in Sec( 8=&Chapter III& or shall commit an# of the prohibited acts mentioned in Sections @8 and @>&Chapter & Section 33& Chapter I hereof& shall be punished in accordance with thecustomar# laws of the ICCs/Is concerned: ro$ided& That no such penalt# shall becruel& degrading or inhuman punishment: ro$ided& further& That neither shall the deathpenalt# or e'cessi$e fines be imposed( This pro$ision shall be without pre*udice to theright of an# ICCs/Is to a$ail of the protection of e'isting laws( In which case& an#person who $iolates an# pro$ision of this Act shall& upon con$iction& be punished b#imprisonment of not less than nine !?" months but not more than twel$e !8@" #ears or a

fine not less than 1ne hundred thousand pesos !8==&===" nor more than +i$e hundredthousand pesos !,==&===" or both such fine and imprisonment upon the discretion ofthe court( In addition& he shall be obliged to pa# to the ICCs/Is concerned whate$erdamage ma# ha$e been suffered b# the latter as a conse)uence of the unlawful act(

'ection 73. Persons Su$>ect to Punishment . - If the offender is a *uridical person& allofficers such as& but not limited to& its president& manager& or head of office responsiblefor their unlawful act shall be criminall# liable therefor& in addition to the cancellation ofcertificates of their registration and/or license: ro$ided& That if the offender is a publicofficial& the penalt# shall include perpetual dis)ualification to hold public office(

C&APTR ?""%R!R O( T& O(("C (OR NORT&RN C)*T)RA* CO%%)N"T"' ONCC;

AN$ T& O(("C (OR 'O)T&RN C)*T)RA* CO%%)N"T"' O'CC;

'ection 7. 0erger of 4CC!SCC . - The 1ffice for 4orthern Cultural Communities!14CC" and the 1ffice of Southern Cultural Communities !1SCC"& created under.'ecuti$e 1rder 4os( 8@@- and 8@@-C respecti$el#& are hereb# merged as organicoffices of the 4CI and shall continue to function under a re$italized and strengthened

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structures to achie$e the ob*ecti$es of the 4CI: ro$ided& That the positions of6egional 9irectors and below& are hereb# phased-out upon the effecti$it# of this Act:ro$ided& further& That officials and emplo#ees of the phased-out offices who ma# be)ualified ma# appl# for reappointment with the 4CI and ma# be gi$en prior rights in thefiling up of the newl# created positions of 4CI& sub*ect to the )ualifications set b# the

lacement Committee: ro$ided& furthermore& That in the case where an indigenousperson and a non-indigenous person with similar )ualifications appl# for the sameposition& priorit# shall be gi$en to the former( 1fficers and emplo#ees who are to bephased-out as a result of the merger of their offices shall be entitled to gratuit# a ratee)ui$alent to one and a half !8 8/@" months salar# for e$er# #ear of continuous andsatisfactor# ser$ice rendered or the e)ui$alent nearest fraction thereof fa$orable tothem on the basis of the highest salar# recei$ed( If the# are alread# entitled toretirement benefits or the gratuit# herein pro$ided( 1fficers and emplo#ees who ma# bereinstated shall refund such retirement benefits or gratuit# recei$ed: ro$ided& finall#That absorbed personnel must still meet the )ualifications and standards set b# the Ci$ilSer$ice and the lacement Committee herein created(

'ection 7/. Transition Period . - The 14CC/1SCC shall ha$e a period of si' !"months from the effecti$it# of this Act within which to wind up its affairs and to conductaudit of its finances(

'ection 70. Transfer of Assets!Properties. - All real and personal properties whichare $ested in& or belonging to& the merged offices as aforestated shall be transferred tothe 4CI without further need of con$e#ance& transfer or assignment and shall be heldfor the same purpose as the# were held b# the former offices: ro$ided& That allcontracts& records and documents shall be transferred to the 4CI( All agreements andcontracts entered into b# the merged offices shall remain in full force and effect unless

otherwise terminated& modified or amended b# the 4CI(

'ection 77. Placement Committee. - Sub*ect to rules on go$ernment reorganization& alacement Committee shall be created b# the 4CI& in coordination with the Ci$ilSer$ice Commission& which shall assist in the *udicious selection and placement ofpersonnel in order that the best )ualified and most deser$ing persons shall beappointed in the reorganized agenc#( The placement Committee shall be composed ofse$en !" commissioners and an ICCs/Is representati$e from each of the first andsecond le$el emplo#ees association in the 1ffices for 4orthern and Southern CulturalCommunities !14CC/1SCC"& nongo$ernment organizations !4<1s" who ha$e ser$edthe communit# for at least fi$e !," #ears and peoples organizations !1s" with at leastfi$e !," #ears of e'istence( The# shall be guided b# the criteria of retention andappointment to be prepared b# the consultati$e bod# and b# the pertinent pro$isions ofthe ci$il ser$ice law(

C&APTR ?"""("NA* PRO-"'"ON'

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'ection 78. Special Pro,ision. - The Cit# of aguio shall remain to be go$erned b# itsChapter and all lands proclaimed as part of its townsite reser$ation shall remain as suchuntil otherwise reclassified b# appropriate legislation: ro$ided& That prior land rightsand titles recognized and/or re)uired through an# *udicial& administrati$e or otherprocesses before the effecti$it# of this Act shall remain $alid: ro$ided& further& That this

pro$ision shall not appl# to an# territor# which becomes part of the Cit# of aguio afterthe effecti$it# of this Act(

'ection 79. Appropriations. - The amount necessar# to finance the initialimplementation of this Act shall be charged against the current #ear2s appropriation ofthe 14CC and the 1SCC( Thereafter& such sums as ma# be necessar# for its continuedimplementation shall be included in the annual <eneral Appropriations Act(

'ection 8. Implementing Rules and Regulations. - 5ithin si't# !=" da#simmediatel# after appointment& the 4CI shall issue the necessar# rules andregulations& in consultation with the Committees on 4ational Cultural Communities of

the 0ouse of 6epresentati$es and the Senate& for the effecti$e implementation of this Act(

'ection 81. Sa,ing Clause. - This Act will not in an# manner ad$ersel# affect the rightsand benefits of the ICCs/Is under other con$entions& recommendations& internationaltreaties& national laws& awards& customs and agreements(

'ection 82. Separa$ilit Clause. - In case an# pro$ision of this Act or an# portionthereof is declared unconstitutional b# a competent court& other pro$isions shall not beaffected thereb#(

'ection 83. Repealing Clause. - residential 9ecree 41( >8=& .'ecuti$e 1rder 4os(8@@- and 8@@-C& and all other laws& decrees& orders& rules and regulations or partsthereof inconsistent with this Act are hereb# repealed or modified accordingl#(

'ection 8. 2ffecti,it . - This Act shall take effect fifteen da#s !8," da#s upon itspublication in the 1fficial <azette or in an# two !@" newspapers of general circulation(

Approved: 29 October 1997(