AN
ACT TO RECOGNIZE,
PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS
PEOPLE, CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE,
ESTABLISHING
IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES.
CHAPTER lGENERAL
PROVISIONS
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 distinctions or
discriminations;
e) The
State shall
take measures,
with the participation of the ICCs/IPs concerned, to protect their
rights
and guarantee respect for their cultural integrity, and to ensure that
members of the ICCs/IPs benefit on an equal footing from the rights and
opportunities which 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/IPs, 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, their rights to their ancestral domains.
CHAPTER llDEFINITION
OF
TERMS
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, 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 land, forests, pasture, residential, agricultural,
and
other lands individually owned whether alienable and disposable or
otherwise,
hunting grounds, burial grounds, worship areas, bodies of water,
mineral
and other natural resources, and lands which may no longer be
exclusively
occupied by ICCs/IPs but from which their traditionally had access to
for
their subsistence and traditional activities, particularly the home
ranges
of ICCs/IPs who are still nomadic and/or shifting cultivators;
b) Ancestral Lands -
Subject to Section 56 hereof, refers to land occupied, possessed 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
and
coercion, and obtained after fully disclosing the intent and scope of
the
activity, in a language an 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 other, 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 customs, tradition and other distinctive cultural
traits,
or who have, through resistance to political, social and cultural
inroads
of colonization, non-indigenous religions and culture, 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
Structure - refer to organizational and cultural leadership
systems,
institutions, relationships, patterns and processed for decision-making
and participation, identified by ICCs/IPs such as, but not limited to,
Council of Elders, Council of Timuays, Bodong Holder, or any other
tribunal
or body of similar nature;
j) Individual Claims - refer
to claims on land and
rights thereon which have been
devolved
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
this
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) Nongovernment
Organization
- refers to a private, nonprofit voluntary organization that has
been
organized primarily for the delivery of various services to the
ICCs/IPs
and has an established track record for effectiveness and acceptability
in the community where it serves;
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.
CHAPTER III
RIGHTS TO
ANCESTRAL
DOMAINS
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 area
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 t
their
ancestral domains shall be recognized and protected. Such rights shall
include:
a.
Rights
of
Ownership.- The right to claim ownership over lands, bodies of
water
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 sustain as a result of
the project; and the right to effective measures by the government to
prevent
any interfere with, alienation and encroachment upon these rights;
c. Right
to
Stay in the
Territories- The right to stay in the territory and not be 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 system: 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 non-member 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 Ancestral 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 and 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 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 the 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.
CHAPTER
IVRIGHT
TO
SELF-GOVERNANCE
AND EMPOWERMENT
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 Cordillera to use the form and content of their ways
of
life as may be compatible with the fundamental rights defined in the
Constitution
of the Republic of the Philippines and other internationally recognized
human rights.
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/IPs.- The Government shall establish the means
for the full development/empowerment of the ICCs/IPs own institutions
and
initiatives and, where necessary, provide the resources needed therefor.
CHAPTER
VSOCIAL
JUSTICE
AND HUMAN
RIGHTS
Sec. 21. Equal Protection
and Non-discrimination of ICCs/IPs.- 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 of coersion 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 armed forces, and in particular, for the use against other
ICCs/IPs;
not 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 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 the 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'
conditions.
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 ICC/IP 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 the decision-making process in all levels, as
well
as in the development of society, shall be given due respect and
recognition.
The State shall provide full
access to education, maternal and child care, health and nutrition, and
housing services to indigenous women. Vocational, technical,
professional
and other 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, moral, spiritual, intellectual and 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.
CHAPTER
VICULTURAL
INTEGRITY
Sec. 29. Protection of
Indigenous Culture, traditions and institutions.- The state shall
respect,
recognize and protect the right of the ICCs/IPs to preserve and protect
their culture, traditions and institutions. It shall consider these
rights
in the formulation of national plans 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 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 preserve, 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 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
object; and the right to the repatriation of human remains.
Accordingly,
the State shall take effective measures, in cooperation with the 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
and 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 health 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 bio-genetic and resource management systems among the
ICCs/IPs
and 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.
CHAPTER
VIINATIONAL
COMMISSION
ON INDIGENOUS PEOPLES (NCIP)
Sec. 38. National
Commission
on Indigenous Cultural Communities /Indigenous Peoples (NCCP).- 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 recommendees
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 be 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 the
members
of the Philippine Bar: Provided, further, That the members of the NCIP
shall hold office for a period of three (3) years, and may be subject
to
re-appointment for another term: Provided, furthermore, That 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 in 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, thorough 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;
l) To
prepare and
submit
the appropriate budget to the Office of the President;
m) To
issue
appropriate certification
as a pre-condition to the grant of permit, lease, grant, or any other
similar
authority for the disposition, utilization, management and
appropriation
by any private individual, corporate entity or any government agency,
corporation
or 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. Officers within
the NCIP.- The NCIP shall have the following offices which shall be
responsible for the implementation of the policies herein after
provided:
a.
Ancestral
Domains Office - The Ancestral Domain Office shall be responsible
for
the identification, delineation and recognition of ancestral
land/domains.
It shall also be responsible for the management of ancestral
lands/domains
in accordance with the master plans as well as the implementation of
the
ancestral domain rights of the ICCs/IPs 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 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 Office 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 ICCs/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 related 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 related 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 offices who shall
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 preserve 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 socio- political, 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 level 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/IPs 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 offices as 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 office 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 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 the 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 the time to time to advise it on matters relating to
the
problems, aspirations and interests of the ICCs/IPs.
CHAPTER
VIIIDELINEATION
AND
RECOGNITION
OF ANCESTRAL DOMAINS
Sec. 51. Delineation and
Recognition of Ancestral Domains.- Self-delineation shall be
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 rights 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 his law. ICCs/IPs 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
Paper -
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 (1) of the
following
authentic documents:
1.
Written
accounts
of the ICCs/IPs customs and traditions;
2.
Written
accounts of the
ICCs/IPs political structure and institution;
3.
Pictures
showing long
term occupation such as those of old improvements, 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/IPs;
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 of the NCIP 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 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 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, 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 selection below.
i. Turnover
of
Areas Within
Ancestral Domains Managed by Other Government Agencies - The
Chairperson
of the NCIP shall certify that the area covered is an ancestral domain.
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 those identified in the census; and
k. Registration
of CADTs - The NCIP shall register issued certificates of
ancestral
domain titles
and certificates of ancestral lands titles before the Register of Deeds
in the place where the property is situated.
Sec. 53. Identification,
Delineation and Certification of Ancestral Lands.-
a. The allocation of lands
within any ancestral domain to individual or indigenous corporate
(family
or clan) claimants shall be left to the ICCs/IPs concerned to decide in
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 or
corporate (family or clan) claimant over ancestral lands.
Sec. 54. Fraudulent Claims.-
The Ancestral Domains Office may, upon written request from the
ICCs/IPs,
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: Provide,
That
communal rights under this Act shall not be construed as co-ownership
as
provided in Republic Act. No. 386, otherwise known as the New Civil
Code.
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 the 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 all extractions shall be used to facilitate
the development and improvement of the ancestral domains.
Sec. 58. Environmental
Consideration.- Ancestral domains or portion thereof, which are
found
necessary for critical watersheds, mangroves wildlife sanctuaries,
wilderness,
protected areas, forest cover, or reforestation as determined by the
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 the 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 requirement of the 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 department 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 certificate shall only be
issued
after a field-based investigation is conducted by the Ancestral Domain
Office of the area concerned: Provided, That no certificate shall be
issued
by the NCIP without the free and prior informed and written consent of
the 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 pending
application 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, specially levies, and other forms of exaction
except such portion of the ancestral domains as are actually used for
large-scale
agriculture, commercial forest plantation and residential purposes and
upon titling by other by private person: 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 (1) 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 cannot 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 in 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 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 (2)
years
from the effectivity of this Act: Provided, finally, That the action
for
reconveyance shall be a period of ten (10) years in accordance with
existing
laws.
CHAPTER
IXJURISDICTION
AND
PROCEDURES
FOR ENFORCEMENT OF RIGHTS
Sec. 65. Primary
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 NCIP.- 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 by way of a petition for review.
Sec. 68. Execution of
Decisions, Awards, Orders.- Upon expiration of the period here
provided
and no appeal is perfected by any of the contending parties, the
Hearing
Officer 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 NCIP.- 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 therefore 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 the jurisdiction to issue any 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 to, or interpretation of
this
Act and other pertinent laws relating to ICCs/IPs and ancestral domains.
CHAPTER
IXANCESTRAL
DOMAINS FUND
Sec. 71. Ancestral
Domains
Fund.- There is hereby created a special fund, to be known as the
Ancestral
Domains Fund, an initial amount of the 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 millions 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 be 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/IPs
through the government of the Philippines shall be coursed through the
NCIP. The NCIP may also solicit and receive donations, 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.
CHAPTER
XIPENALTIES
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, authorized
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 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.
CHAPTER
XII
MERGER OF
THE OFFICE
FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN
CULTURAL
COMMUNITIES (OSCC)
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
Regional Directors and below, are hereby phased-out upon the
effectivity
of this Act: Provided, further, That officials and employees of the
phased-out
offices who may be qualified may apply for reappointment with the NCIP
and may be given prior rights in the filing up of the newly created
positions
of NCIP, subject to the qualifications set 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
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 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), nongovernment
organizations
(NGOs) who have served the community for at least five (5) years and
peoples
organizations (POs) with at least five (5) years of existence. They
shall
be guided by the criteria of retention and appointment to be prepared
by
the consultative body and by the pertinent provisions of the civil
service
law.
CHAPTER
XIIIFINAL
PROVISIONS
Sec. 78. Special
Provision.-
The City of Baguio shall remain to be governed by its Chapter and all
lands
proclaimed as part of its townsite reservation shall remain as such
until
otherwise reclassified by appropriate legislation: Provided, That prior
land rights and titles recognized and/or required through any judicial,
administrative or other processes before the effectivity of this Act
shall
remain valid: Provided, further, That this provision shall not apply to
any 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 unconstitutional 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 days (15) days upon its publication
in the Official Gazette or in any two (2) newspapers of general
circulation.
Approved: 29 October 1997.
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