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ADMINISTRATIVE ORDER NO. 1
Series of 1998
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8371, OTHERWISE KNOWN AS “THE INDIGENOUS PEOPLES’ RIGHTS ACT OF 1997” |
Office
of the President RULES
AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8371, OTHERWISE KNOWN AS
“THE
INDIGENOUS PEOPLES’ RIGHTS ACT OF 1997” Pursuant to Sec. 80 of Republic Act No. 8371, otherwise known as “The Indigenous Peoples’ Rights Act of 1997” (IPRA), the following rules and regulations are hereby promulgated for the guidance and compliance of all concerned. RULE
I. PRELIMINARY PROVISIONS Section 1. Title. These rules shall be known and cited as “The Rules and Regulations Implementing The Indigenous Peoples’ Rights Act of 1997” (IPRA). Sec. 2. Purpose. These rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of Republic Act No. 8371, otherwise known as “The Indigenous Peoples’ Rights Act of 1997” (IPRA) in order to facilitate compliance therewith and achieve the objectives thereof. Sec. 3. Declaration of Policy. The State recognizes the inherent dignity and equal and inalienable rights of all members of Philippine society as the foundation of freedom, justice and peace. The rights of indigenous cultural communities/indigenous peoples are universal, indivisible, interdependent and interrelated. It is, therefore, the policy of the state to recognize and promote all individual and collective rights of ICCs/IPs within the framework of national unity and development in accordance with the Constitution and applicable norms and principles. Sec. 4. Operating Principles. In implementing the policies enumerated in these Ru1es, the following operating principles shall be adhered to: a) Cultural
Diversity. As the
beginning of
unity is difference, the diversity of cultures, traditions, beliefs and
aspirations of indigenous peoples shall be encouraged and fostered in
openness,
mutual respect for, and active defense of the equal and inalienable
dignity and
universal, indivisible, interdependent and interrelated rights of every
human
being, in the spirit of inter-people cooperation; RULE
II. DEFINITION OF TERMS Section 1. Definition of Terms. For purposes of these Rules and Regulations the following terms shall mean: a) Ancestral
Domains. Refers to all
areas
generally belonging to ICCs/IPs, subject to property rights within
ancestral
domains already existing and/or vested upon the effectivity of the Act,
comprising lands, inland waters, coastal areas, and natural resources
therein,
held under a claim of ownership, occupied or possessed by ICCs/IPs by
themselves or through their ancestors, communally or individually since
time
immemorial, continuously to the present, except when interrupted by
war, force
majeure or displacement by force, deceit, stealth, or as a consequence
of
government projects or any voluntary dealings entered into by the
government
and private individuals/ corporations, and which are necessary to
ensure their
economic, social and cultural welfare. It shall include ancestral
lands,
forests, pasture, residential, agricultural, and other lands
individually owned
whether alienable and disposable or otherwise; hunting grounds: burial
grounds;
worship areas; bodies of water; mineral and other natural resources;
and lands
which may no longer be exclusively occupied by ICCs/IPs, but from which
they
traditionally had access to, for their subsistence and traditional
activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting
cultivators. RULE
III : RIGHTS TO ANCESTRAL DOMAINS/LANDS Part I. Policies and
Concepts Section . 1. Constitutional and Legal Framework. 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 domains. Sec. 2. Composition of Ancestral Domains/Lands. Ancestral Domains/Lands are all areas generally belonging to the ICCs/IPs, owned, occupied or possessed by themselves or through their ancestors, communally or individually since time immemorial. Ancestral lands/domains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of ownership. Ancestral domain consists of lands, inland waters, coastal areas, minerals and other natural resources. Lands within ancestral domains shall include, but not limited to, ancestral lands, forests, pasture lands, residential lands, agricultural lands, hunting grounds, burial grounds, worship areas, land no longer occupied by the ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators, and other lands individually owned whether alienable and disposable or otherwise. Ancestral land shall consist of, but not be limited to, residential lots, rice terraces or paddies, private forests, swidden farms, and tree lots. Provided that property rights within the ancestral domains already existing and/or vested upon effectivity of the Act, within ancestral domains/lands, shall be respected and recognized. Inland waters and coastal areas include fishing grounds, collecting grounds, and bodies of water. Sec. 3. Indigenous Concept of Ownership. Ancestral domains/lands and all resources found therein form the material bases of the ICCs/IPs’ cultural integrity. The indigenous concept of ownership therefor, generally holds that ancestral domains are the ICCs’ /IPs’ private but communal property which belongs to all generations and shall not be sold, disposed nor destroyed. The present generation who are today’s occupants have the inter-generational responsibility of conserving the land and natural resources for future generations of ICCs/IPs to enjoy. Sec. 4. Recognition of Ancestral Domain and Land Rights. The rights of the ICCs/IPs to their ancestral domains and lands by virtue of native title shall be recognized and respected. Native title to ancestral domains and lands may be formally recognized or established through the issuance of corresponding Certificate of Ancestral Domain Title (CADT) or Certificate of Ancestral Land Title (CALT) as provided in the Act. All areas within ancestral domains, whether delineated or not, are presumed to be communally owned and, pursuant to the indigenous concept of ownership, could not be sold, disposed nor destroyed. Areas and resources in the domains are deemed destroyed if on account of the activity conducted or applied: a) The
area or resource could no
longer
serve its normal or natural functions; or Part II. Rights of
Indigenous Cultural Communities/Indigenous Peoples to Ancestral Domains Section 1. Rights of Ownership. ICCs/IPs have rights of ownership over lands, waters, and natural resources and all improvements made by them at any time within the ancestral domains/lands. These rights shall include, but not limited to, the right over the fruits, the right to possess, the right to use, right to consume, right to exclude and right to recover ownership, and the rights or interests over land and natural resources. The right to recover shall be particularly applied to lands lost through fraud or any form of vitiated consent or transferred for an unconscionable price. Sec. 2. Right to Develop Lands and Natural Resources. Subject to property rights within the ancestral domains already existing and/or vested upon effectivity of the Act, ICCs/IPs have the right to control, manage, develop, protect, conserve, and sustainably use: 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 systems and practices (IKSPs) and customary laws and traditions, and duly adopted Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) where ADSDPPs have been adopted; and to equitably benefit from the fruits thereof. In all instances, ICCs/IPs shall have priority in the development, extraction, utilization and exploitation of natural resources. a) Right to Benefits. The ICCs/IPs have the right to benefit from the utilization, extraction, use and development of lands and natural resources within their ancestral lands/domains and to be compensated for any social and/or environmental costs of such activities. Accordingly, the concerned ICC/IP community shall be extended all the benefits already provided under existing laws, administrative orders, rules and regulations covering particular resource utilization, extraction or development projects/activities, without prejudice to additional benefits as may be negotiated between the parties. The NCIP, as third party, shall, among others, assist the ICCs/IPs in the negotiation process to safeguard and guarantee that the terms and conditions of the agreement negotiated are not inimical to the rights of the ICCs/IPs. The NCIP shall ensure that at least 30% of all funds received from such activities will be allocated to the ICC/IP community for development projects or provision of social services or infrastructure in accordance with their duly adopted Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) whenever. In the absence of such ADSDPP, the NCIP shall assist the ICCs/IPs in the development of a program or project to utilize such funds. In consultation with ICCs/IPs, the NCIP shall set guidelines for the utilization of funds accruing to ICCs/IPs. b) Other Related Rights. The rights of ICCs/IPs to develop their territories including all the natural resources therein shall further include, but not limited to, the following: (1) The
right to source out, control, manage,
disburse or use any funds or appropriations from any legal entity, for
the
development of the territories, provided that the community concerned
shall
have adequate systems to ensure individual and collective
accountability and
responsibility for such funds; a) Temporary Relocation as an Exceptional Measure. Temporary relocation is an exceptional measure if, after exhausting all legal remedies, it stands as the only option to avoid loss of lives, and to safeguard the health and safety of the populations affected. Temporary relocation shall generally occur as a result of force majeure, natural calamities or catastrophes. Where temporary relocation is determined by the ICC/IP concerned, in consultation with the NCIP and other appropriate government agencies as an exceptional measure, the concerned government agencies shall provide the affected ICCs/IPs with habitable relocation sites and adequate shelter, food, and other basic services, as well as livelihood opportunities to ensure that their needs are effectively addressed. b) Right to Return to Ancestral Domain. When the reason for the relocation ceases to exist as determined by the ICCs/IPs, in consultation with appropriate government agencies, the ICCs/IPs shall have the right to return to their ancestral domains. c) Rights in Case of Permanent Relocation! Displacement. Should the conditions for their return pose grave and long-term risks for the displaced ICCs/IPs, and normalcy and safety of the previous settlements are irreversibly lost, the displaced ICCs/IPs shall, upon their Free and Prior Informed Consent, be accorded the following: (1) Relocation
to a site, which shall, in all
possible cases, be of equal quality and legal status as that previously
occupied,
and which shall be suitable to provide for their present needs and
future
development; (d) Compensation for Loss, Injury or Damage. Compensation for loss, injury, or damage shall be obtained through the following procedures: (1) Who
may file. The following shall be
entitled to compensation for loss, injury or damage: i)
Any individual in the event
of loss of
life, injuries or damage to property; (2) Notification to NCIP. In case the claim is filed by the affected ICC/IP, the NCIP must be notified through its field office, of such loss, injury or damage suffered as a result of the relocation or displacement. (3) Filing of claim. The NCIP or affected ICC/IP with the assistance of NCIP shall file the claim for compensation of loss, damage or injury with the appropriate office of the agency which has caused such relocation or displacement. (4) Payment of compensation. The NCIP shall ensure that such claim for payment is given due consideration and that the claimant is duly compensated within a reasonable time. Sec. 5. Right to Regulate Entry of Migrants and Other Entities. The collective right to use everything within the domain/land is limited only to the recognized members of the ICCs/IP community. Accordingly, the ICCs/IPs shall have the right to regulate the entry of migrants, including organizations who intend to do business, engage in development or other form of activities, in their ancestral domains/lands. For this purpose, the following shall be applicable: a) Migrants.
For purposes of these
rules, a
migrant is a person who is not a native to the ancestral domain or not
a part
owner of ancestral land but who, as a consequence of social, economic,
political or other reasons, such as displacement due to natural
disasters,
armed conflict, population pressure, or search for seasonal work, opted
to
occupy and utilize portions of the ancestral domains/lands and have
since
established residence therein; (1) Said
persons and entities can be allowed
to perform activities as are expressly authorized and which are not
inimical to
the development of the ancestral domains and cultural integrity of the
ICCs/IPs, and The ICCs/IPs’ Council of Leaders/Elders, with the assistance of NCIP shall take appropriate action to ensure the effective implementation and enforcement of these rights. Sec. 6. Right to Safe and Clean Air and Water. a) The ICCs/IPs through their indigenous knowledge systems and practices and their customs and traditions have preserved the environment and have demonstrated their capability to conserve and protect the integrity of their ecological systems. To enable these ecologically-sound and sustainable practices to flourish, the ICCs/IPs have the right to regulate activities that may adversely affect their airspace, bodies of water and lands. Any violation of environmental laws adversely affecting the integrity of the ecological systems in ancestral domains/territories shall be penalized according to customary laws of the ICCs/IPs concerned. The ICCs/IPs shall take the necessary steps to source out adequate and effective technical and financial support to protect the environment. Government shall adopt effective measures to implement environmental laws that will preserve the quality of freshwater, surface and ground water and minimize air pollution and other forms of pollution that may affect the domains. b) Environmental Conservation and Protection Program (ECPP). All persons or entities allowed under the Act to participate in land development, utilization, exploitation, and extraction of natural resources, and government offices or agencies allowed to undertake or implement infrastructure projects within ancestral lands/domains, shall submit to the NCIP, through the concerned Regional Office, a culture-sensitive Environmental Conservation and Protection Program (ECPP) stating in detail the environmental impact of such activities or projects proposed, control and rehabilitation measures and financial resource allocations therefor, implementation schedules, compliance guarantees, and evaluation and monitoring schemes. Within twenty (20) working days from receipt thereof, the concerned Regional Office shall conduct preliminary evaluation of the ECPP. Based on its findings, the Regional Office may order the ECPP to be revised and/or additional requirements may be imposed and/or other documents may be required. The concerned Regional office shall endorse the ECPP, with recommendations, to the Commission. Detailed guidelines for the preparation and implementation of the ECPPs shall be prescribed by the Commission based on principles underlying the ICCs/IPs framework for sustainable development of the ancestral domains and nationally-defined environmental standards. Sec. 7. Right to Claim Parts of Reservations. The dispossession of indigenous peoples from their ancestral domains/lands by operation of law, executive fiat or legislative action constitute a violation of the constitutional right to be free from the arbitrary deprivation of property. As such, ICCs/IPs have the right to claim ancestral domains, or parts thereof, which have been reserved for various purposes. a) Procedure for Reclaiming Ancestral Domains or Parts thereof Proclaimed as Reservations. (1)
For purposes of the enforcement of this right, the NCIP shall review
all
existing Executive Orders, Administrative Orders, Presidential
Proclamations
covering reservations within ancestral domains to determine the actual
use
thereof. b) Conditions for Continued Use of Ancestral Domains as Part of Reservations. ICCs/IPs communities whose ancestral domains or portions thereof continue to be used as part of reservations, have the right to negotiate the terms and conditions thereof in a Memorandum of Agreement. The ICC/IP community may negotiate for such use, including the grant of benefits such as, but not limited to, preferential use of facilities in the area and free access to basic services being dispensed therefrom, through appropriate IP desks to be established by the administrator of the reservation. Sec. 8. Right to Resolve Conflicts According to Customary Laws. All conflicts pertaining to property rights, claims and ownership, hereditary succession and settlement of land disputes within ancestral domains/lands shall be resolved in accordance with the customary laws, traditions and practices of the ICCs/IPs in the area where the conflict arises. If the conflict between or among ICCs/IPs is not resolved, through such customary laws, traditions and practices, the Council of Elders/Leaders who participated in the attempt to settle the dispute shall certify that the same has not been resolved. Such certification shall be a condition precedent for the filing of the complaint with the NCIP, through its Regional Offices for adjudication. Decisions of the NCIP may be brought on Appeal to the Court of Appeals by way of a Petition for Review. Part III. Rights of the
ICCs/IPs to Their Ancestral Lands Section 1. Right to Transfer Land or Property. The various indigenous modes of acquisition and transfer of property between and among members of the ICCs/IPs shall be recognized as legal, valid and enforceable. Indigenous property rights arising from marriages between IPs and non-IPs shall be governed by customary laws of the IP spouse. The non-IP spouse shall have usufructuary rights thereto for the maintenance and support of the family. Sec. 2. Right to Redemption. Transfer of ancestral lands by IPs to non-IPs attended by vitiated consent or made for an unconscionable price shall, upon investigation and proof thereof, be declared null and void ab initio and the transferor has the right to redeem the property within a period of fifteen years from the date of transfer. In case of fraudulent transactions, the redemption period shall be reckoned upon the discovery of the fraud. Consent is deemed vitiated when given through error or mistake, violence, intimidation, undue influence, fraud or deceit. The price is considered unconscionable when the amount compared to the value of the property is so disproportionate as to be revolting to human conscience. The transferor shall exercise his right to redeem within fifteen years from date of transfer. The NCIP shall provide, as part of its Rules of Procedures, the process for the exercise of this right. It shall include the filing of a petition therefor stating the circumstances of vitiated consent or unconscionable price; due notice and hearing; and the reconveyance of the property to the transferor ICC/IP. Sec. 3. Option to Secure Patents under Commonwealth Act No. 141, as Amended. Formal recognition of native title to ancestral lands is secured through the issuance of a Certificate of Ancestral Land Title under the Act. Members of the ICCs/IP communities who individually own ancestral lands shall have the option to secure Certificates of Title to such land pursuant to the provisions of Commonwealth Act No. 141, as amended, provided such option is exercised within twenty (20) years from approval of the Act. Pursuant to Section 12 of the Act, all ancestral lands which have been individually owned and actually used continuously by ICCs/IPs for a period of at least thirty (30) years for agricultural, residential, pasture, or tree farming purposes, including those with slope of more than eighteen (18) degrees are hereby classified as alienable and disposable agricultural lands and may be titled in accordance with the provisions of Commonwealth Act No. 141, as amended. Ancestral lands within ancestral domains shall remain an integral part thereof and can only be transferred or otherwise encumbered subject to customary laws and traditions of the community where the same is located. Part IV. Responsibilities
of ICCs/IPs to their Ancestral Domains Section 1. Maintain Ecological Balance. Based on their indigenous and traditional practices, ICCs/IPs shall formulate and implement their respective systems for protecting and conserving the flora and fauna, watershed areas, sacred places and all other objects of ritual and ecological importance in order to preserve, restore and maintain a balanced ecology within their ancestral domains. To ensure biological diversity, sustainable indigenous agriculture shall be encouraged while the system of mono-cropping shall be discouraged. The ICCs/IPs shall establish their own institutions, systems and standards for protecting their natural resources. Such standards shall consider the national standards as minimum, without prejudice to imposing stricter standards. For this purpose, the ICCs/IPs shall be authorized by the government, through appropriate issuance, to exercise powers to apprehend and prosecute all persons violating environmental and natural resources laws within ancestral domains in accordance with Sec. 72 of the Act. The ICCs/IPs shall have access to all government funds earmarked for environmental protection in relation to their domains. For this purpose, the NCIP shall negotiate and enter into agreements with concerned agencies for the effective transfer of funds appropriated for such purposes to the concerned indigenous peoples’ communities through the NCIP. The ICCs/IPs may, on their own initiative, likewise secure funds for such purposes from other local and foreign sources. Sec. 2. Restore Denuded Areas. The concerned ICCs/IPs, in collaboration with appropriate government agencies, shall restore denuded areas within their ancestral domains. In cases where the denudation of areas within the domains is caused by identified natural resource licensees, the ICCs/IPs through the NCIP shall make the proper representation to the appropriate government agency for the enforcement of the licensees’ obligation under the contract to reforest said areas. Should the licensee fail to implement a restoration program, the concerned government agency shall cause the execution of the bond and apply the same in favor of the ICCs/IPs, without prejudice to payment of compensation for damages to the ancestral domains’ eco-systems. Through their own POs, the concerned ICCs/IPs shall develop their own systems for undertaking reforestation projects under such terms and conditions that will ensure the application of IKSPs and customary laws, and the promotion and propagation of indigenous species as well as those of ecological importance. All such projects shall be considered an integral part of the domains and are therefore communally-owned by such ICCs/IPs. The management of all existing government reforestation projects within the ancestral domains shall be transferred to the NCIP through the execution of the appropriate instruments. The NCIP, in turn, shall execute Memoranda of Agreement with concerned ICCs/IPs for the implementation of the projects. Sec. 3. Observe Laws. In maintaining ecological balance and restoring denuded areas within their ancestral domains, the ICCs/IPs shall adhere to the letter, spirit and intent of the Act. RULE
IV: RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT Section 1: Recognition of Authentic Leadership. In pursuance of the right to self-governance and self-determination, the ICCs/IPs, in coordination with the Department of the Interior and Local Government, through the NCIP, shall formulate measures to ensure that: a) The socio-political
structures, systems and institutions of ICCs/IPs are strengthened; Sec. 2. Authentication of Indigenous Leadership Titles and Certificates of Tribal Membership. The ICCs/IPs concerned shall have the sole power to authenticate indigenous leadership titles and certificates of membership. Accordingly, the ICCs/IPs shall have the following powers and rights: a) Right to Confer
Leadership Titles. The ICCs/IPs concerned, in accordance with their
customary
laws and practices, shall have the sole right to vest titles of
leadership such
as, but not limited to, Bae, Datu, Baylan, Timuay, Likid and such other
titles
to their members. All Certificates of Tribal Membership previously issued under Executive Order No. 122-B, and 122-C, as amended, shall be validated by the ICCs/IPs in accordance with their own process and shall be endorsed to the NCIP for confirmation and recording purposes. Sec. 3. Indigenous Political Leadership Development. Indigenous leadership emerges from the dynamics of customary laws and practices. Indigenous leaders evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs as seen, among others, by the following attributes: a) Demonstrates sustained
wisdom and integrity in the administration of justice and pronouncement
of
judgments and decisions based on truth and the maintenance of peace; The NCIP shall support the initiatives, projects and activities of ICCs/IPs that will strengthen and develop their socio-political and leadership systems. Sec. 4. Recognition of Socio-Political Institutions and Structures. The ICCs/IPs have the right to use their traditional justice systems, conflict resolution institutions or peace building processes which are oriented to settlements, reconciliation and healing, and as may be compatible with national laws and accepted international human rights, in all conflict situations between and among IP individuals and between and among other ICCs/IP communities. The NCIP shall assist ICCs/IPs to document cases resolved under the indigenous justice systems, conflict resolution mechanisms and peace building processes in order to provide references to be used in resolving conflicts involving ICCs/IPs. Sec. 5. Support for Autonomous Regions. The autonomous regions created under the 1987 Constitutions, in accordance with their requirements and needs, shall be strengthened and supported by the State, following the principles of self-governance and cultural integrity. ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras shall use the form and content of their ways of life as may be compatible with the fundamental rights defined under the 1987 Constitution of the Republic of the Philippines and other internationally recognized human rights. Sec. 6. Mandatory Representation in Policy Making Bodies. The ICCs/IPs shall be provided mandatory representation in all policy making bodies and in local legislative councils. ICC/IP representation shall be proportionate to their population, and shall have the same privileges as the regular members of the legislative bodies and/or policy making bodies. ICC/IP representatives shall be qualified and chosen by their own communities in accordance with a process to be determined by them. In consultation with ICCs/IPs, the NCIP in close coordination with DILG shall come up with appropriate measures to ensure the full participation of ICCs/IPs in matters affecting their development. Such measures shall also include the provision of technical assistance to develop the ICC/IP representative’s knowledge of traditional socio-political systems, customary laws, justice system and skills in interfacing with non-IP governance and policy making. Sec. 7: Right to Determine and Decide Own Development and Right to Develop as Peoples. The ancestral domains of the ICCs/IPs is the foundation of their right to self-determination. As such the ICCs/IPs shall have the right to decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-being and the lands they own, occupy and use. Towards these ends, the ICCs/IPs shall participate in the formulation, implementation and evaluation of plans, policies and programs for national, regional and local development which may affect them. The NCIP shall take special measures to guarantee the right of ICCs/IPs to pursue their economic, social and cultural development at their own choice and pace and to ensure that economic opportunities created by the government are extend to them based on freedom of initiative and self-reliance. Sec. 8. Tribal Barangays. The ICCs/IPs living in contiguous areas or communities where they form the majority may form or constitute a separate barangay in accordance with the Local Government Code. In consultation with the ICCs/IPs the NCIP, in close coordination with the DILG shall formulate measures to ensure the implementation of the principle of Equivalent Free Voting Procedure in such barangays in order to effectively recognize indigenous political systems, leadership structures and governance in such barangays. The NCIP shall undertake studies and propose legislative measures to ensure the applicability of traditional socio-political structures and processes for local governance in ancestral domains/lands and geographic areas occupied by ICCs/IPs. Part II: Role of Peoples
Organizations Section 1. Right to Organize and Associate for Collective Actions. The NCIP shall recognize the vital role of IPOs as autonomous partners in development and shall fully support the development and empowerment of indigenous peoples organizations, or associations to pursue and protect their legitimate and collective interests and aspirations. In consultation with the Indigenous Peoples Organizations (IPOs), the NCIP shall prepare guidelines for strengthening the capability of the members which shall be culture sensitive and shall cover, among others, the following:
Sec. 2. Registration Requirements for Indigenous Peoples Organizations (IPO). For the purpose of acquiring legal personality, indigenous peoples’ organizations may register with the NCIP. The application for registration shall be filed with the concerned NCIP Provincial Office with the following attachments: a) Duly accomplished NCIP
Registration Form; The NCIP Provincial Officer shall evaluate and field validate the authenticity of the IPO and submit a report of the same including the IPO’s application for registration to the NCIP Regional Director who shall, within 15 days issue the Certificate of Registration. The NCIP Regional Director shall furnish the National Office updated lists of all such organizations registered by them. Sec. 3. Monitoring and Reporting. All registered IPOs and accredited NGOs shall submit to the NCIP Field Offices the following documents annually: a) Change of officers or
leaders; a) Duly accomplished NCIP
Accreditation Form for NGOs; Accreditation shall be renewable every two (2) years. Sec. 5. Suspension and Revocation of PO Registration or NGO Accreditation. The NCIP may suspend or revoke the Certificate of Registration of any IPO or Certificate of Accreditation of any NGO on the following grounds: a) Unauthorized
negotiation with natural or juridical persons relative to land
development,
use, extraction, harvest, and exploitation of natural resources; The cancellation proceedings shall be initiated by complaint with the NCIP Regional Office, who shall hear and decide the same and if warranted and upon due course order the cancellation of registration. The decision of the NCIP Regional Office may be brought on appeal to the Commission. The NCIP shall establish a data-base for indexing and monitoring all registered IPOs. Part III. Instrument of
Empowerment Section 1. Inroads into the ancestral domains/lands of ICCs/IPs resulted to their disenfranchisement and marginalization. Policies, plans, development programs and projects which may have been prejudicial to the rights and interests of ICCs/IPs have been adopted and implemented within ancestral domains/lands without the consent of concerned IP communities. Free and prior informed consent, as an instrument of empowerment, enables IPs to exercise their right to self-determination. Sec. 2. General Application. The provisions herein on free and prior informed consent shall generally be applicable to all the provisions of the Act and these rules requiring the free and prior informed consent of ICCs/IPs. Sec. 3. Free and Prior Informed Consent. The ICCs/IPs shall, within their communities, determine for themselves policies, development programs, projects and plans to meet their identified priority needs and concerns. The ICCs/IPs shall have the right to accept or reject a certain development intervention in their particular communities. The acceptance or rejection of proposed policy, program, project or plan shall be assessed in accordance with the following IPs development framework and value systems for the conservation and protection of: a) Ancestral domains/lands
as the ICCs/IPs’ fundamental source of life; Sec. 4. Scope of ICCs/IPs whose Consent shall be Secured. The scope of the ICCs/IPs whose free and prior informed consent is required shall depend upon the impact area of the proposed policy, program, projects and plans, such that: a) When the policy,
program, project or plan affects only the particular community within
the ancestral
domain, only such community shall give their free and prior informed
consent; Sec. 5. Procedure and Requirements for Securing ICCs/IPs Consent. The consensus building process of each particular indigenous cultural community shall be adhered to in securing the ICCs/IPs’ Free and Prior Informed Consent. For purposes of documentation and monitoring, the NCIP shall assist, document and witness the process of securing Free and Prior Informed Consent. The basic elements in the consensus building process shall include, at the minimum, information dissemination to all members of the concerned indigenous peoples communities, assessment of the concerns or issues by appropriate assemblies in accordance with customs and traditions and discernment and initial decision by recognized council of elders, affirmation of the decision of the Elders by all the members of the community. The following minimum requirements shall be strictly complied with: a) For every meeting,
notices thereof written in English or Pilipino and in the IP language
and
authorized by community elders/leaders shall be delivered and posted in
conspicuous places or announced in the area where the meeting shall be
conducted at least two (2) weeks before the scheduled meeting; Sec. 6. Obligations of the Proponent. The proponent of any policy, program, project, or activity requiring the Free and Prior Informed Consent of the ICCs/IPs community shall: a) Submit to the IP
community an undertaking written in a language spoken and understood by
the
community concerned that it shall commit itself to full disclosure of
records
and information relevant to the policy, program, project or activity,
and allow
full access to records, documents, material information and facilities
pertinent to the same; The NCIP shall subsequently issue additional guidelines hereon whenever necessary. Sec. 7. Development and Cultural Activities Subject to Free and Prior Informed Consent (FPIC). Policies, programs, projects, plans and activities subject to free and prior informed consent shall include but not limited to the following: a) Exploration,
development, exploitation and utilization of natural resources within
ancestral
domains/lands; The NCIP shall prescribe terms and conditions regarding public presentation, display, performance and other forms of utilization of ICCs/IPs’ lifeways and material culture. Sec. 8. Memorandum of Agreement. As a component part of the process of securing the free and prior informed consent of the concerned ICCs/IPs a Memorandum of Agreement (MOA) shall be executed by and between the proponent, host ICC/IP community, and the NCIP, written in the dialect or language of the concerned ICCs/IPs, with corresponding English and Pilipino translation. The MOA shall stipulate, among others: (l) Benefits due the host
ICCs/IP communities; Sec. 9. Non-Transferability of Consent The free and prior informed consent granted by the ICCs/IPs for a particular proposed policy, program, project or plan, as a general rule, shall not be transferable to any other party, except in case of merger, reorganization, transfer of rights, acquisition by another entity, or joint venture: Provided; that there will be no changes in the original plan, program, project or policy and: Provided further; that the same shall not prejudice the interest, rights and welfare of the concerned ICCs/IPs. RULE
V: SOCIAL JUSTICE AND HUMAN RIGHTS Section 1. Equal Protection Before the Law. With due recognition of the ICCS/IPs’ distinct characteristics and identity, the State shall accord to members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry. The NCIP shall ensure that fundamental human rights and freedom are guaranteed to all members of the ICCs/IPs as already accorded to every member of society. Sec. 2. Rights During Armed Conflict. The ICCs/IPs have the right to declare their territories as zones of peace and to special protection and security in periods of armed conflict. The NCIP shall ensure that international standards are observed for the protection of civilian populations in circumstances of emergency and armed conflict, particular, the Fourth Geneva Convention of 1949. Accordingly the State shall not: a) Recruit children of the
ICCs/IPs into the armed forces under any circumstance; In consultation with the ICCs/IPs who are victims of armed conflict, the NCIP in collaboration with national and international specialized agencies shall implement an integrated emergency program for the victim families’ and communities’ relief and rehabilitation. Such integrated program shall take special attention on the impact of armed conflict activities to the indigenous children’s psycho-social functioning and development. Sec. 3. Freedom from Discrimination. ICCs/IPs are free and equal to all other individuals in their dignity as human beings and shall be free from any kind of adverse discrimination for reason of their indigenous origin or identity. The NCIP shall ensure that every member of the ICCs/IPs is accorded full respect as valuable citizens of the Republic of the Philippines. The NCIP shall take special measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to the ICCs/IPs to the extent that they are not protected by laws applicable to workers in general. Sec. 4. Right to Employment. a) The right of members of ICCs/IP communities to employment includes the right to: (1) Be free from any form
of discrimination, with respect to recruitment and conditions of
employment; b) Special Measures. The NCIP in close coordination with the Department Of Labor and Employment and such other related agencies shall adopt special measures to ensure the effective and legal protection of members of ICCs/IPs with regard to the following: (1) Recruitment and
employment conditions applicable to workers in general; Sec. 5. Right to Basic Services. The ICCs/IPs are entitled to basic services. The equitable delivery of basic services to all ICCs/IPs all over the country shall be the focus of the NCIP’s Five Year Master Plan. In close coordination with other government line agencies mandated to deliver basic needs the NCIP shall work towards the establishment of IP Desks with such agencies but not limited to Department of Labor and Employment (DOLE), Department of Health (DOH), Department of Education, Culture and Sports (DECS), Commission on Higher Education (CHED), National Housing Authority (NHA), Social Security System (SSS), Technical Education and Skills Authority (TESDA), National Commission on Culture and the Arts (NCCA), Department of Social Welfare and Development (DSWD), Department of the Interior and Local Government (DILG) and other offices for the delivery of basic services covering employment, vocational training and retraining, housing, sanitation, health, water, education, infrastructure, electrical facilities and social security. In consultation with ICCs/IPs the NCIP shall prepare a flexible Five Year Master Plan focused on the delivery of basic services by among other things doing the following: a) Census of IPs; Sec. 6. Rights of Women. In partnership with ICC/IP women’s organizations and other GO/NGO support groups, the NCIP shall prepare and develop programs and projects to ensure that women shall fully participate in community and nation building through, among others, the following: a) Provision of
appropriate support for women’s’ groups/organizations to conduct
research and
document IP women’s traditional roles in marriage, family, community,
political
and economic life to determine gender issues and concerns among
ICCs/IPs; Sec. 7. Rights of Children and Youth. The NCIP in consultation with ICCs/IPs shall assess the situation of children and youth both in rural areas and highly urbanized centers with regards to the recognition, promotion and protection of their rights as provided in the Act and the Universal Declaration on the Rights of the Child. The NCIP shall work closely other government line agencies and international bodies, such as the Department of Education, Culture and Sports (DECS), the Department of Social Welfare and Development (DSWD), Department of Justice (DOJ), Commission on Human Rights (CRR), Department of Labor and Employment (DOLE), International Organizations including the World Health Organization (WHO), the International Labor Organization (ILO) and the United Nations Children’s Educational Fund (UNICEF); with NGO support groups; and other agencies mandated to serve the sector and formulate programs and projects intended for their development and rearing of the children and youth belonging to the ICCs/IP communities. The NCIP shall ensure the establishment of an effective mechanism towards the protection of the rights of ICC/IP children and youth and more specifically the achievement of the following: a) Production of
indigenous education literature about the indigenous culture in order
to facilitate
efforts at integrating such subject matter into the IP curriculum; The NCIP in close coordination with Department of Social Welfare and Development shall take special measures to prepare a culture-sensitive daycare program that ensures the holistic development and formation of IP children and affirms their cultural integrity. Sec. 8. Right to Education. In consultation with ICCs/IPs the NCIP shall work, in collaboration with the Department of Education, Culture and Sports (DECS), the Commission on Higher Education (CHED) and with private and public schools at all levels towards the development of appropriate programs and projects related to the following: a) The curricula and
appropriate teaching materials and resources; RULE
VI: CULTURAL INTEGRITY Section 1. Constitutional and Legal Framework. The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions, and shall take measures, with the participation of ICCs/IPs concerned to protect their rights and guarantee respect for cultural integrity in order that ICCs/IPs shall at all times benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population. It shall recognize its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICCs/IPs participation in the direction of education, health, as well as other services to the ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities. Sec. 2. Conceptual Framework of Cultural Integrity. Cultural integrity shall refer to the holistic and integrated adherence of a particular ICC/IP community to their customs, religious beliefs, traditions, indigenous knowledge systems and practices and their right to assert their character and identity as peoples. Sec. 3: Right to Cultural Integrity. The rights of indigenous peoples to cultural integrity shall include: a) Protection of
indigenous culture, traditions and institutions; Sec. 6. Right to Establish and Control Educational and Learning Systems. To enable the ICCs/IPs to exercise their right to establish and control their educational systems and institutions, the NCIP shall establish a program to support the following: a) Establish, maintain and
support a complete, adequate and integrated system of education
relevant to the
needs of the ICCs/IPs particularly their children and young people; The NCIP in consultation with ICCs/IPs shall take effective measures to promote affirmative action to systematically eradicate prejudice and discrimination against indigenous peoples and engender understanding and unity among ICCs/IPs and all segments of society. The ICCs/IPs diverse cultures, traditions and beliefs shall not be allowed to sow divisiveness and disunity among them. Through the IP Desks in government line agencies, the NCIP shall ensure that all policies, programs and services shall promote the recognition and respect for ICCs/IPs’ cultural diversity. Sec. 8. Recognition of Customary Laws and Practices Governing Civil Relations. Marriage as an inviolable social institution shall be protected. Marriages performed in accordance with customary laws, rites, traditions and practices shall be recognized as valid. As proof of marriage, the testimony of authorized community elders or authorities of traditional socio-political structures shall be recognized as evidence of marriage for purposes of registration. Accordingly, the NCIP shall coordinate with the Office of the Civil Registrar General (OCRG) to establish an appropriate procedure for the registration of marriages performed under customary laws to include, among others, the following: a) System of facilitating
early and late registration of marriages performed under Customary Sec. 9. Right to a Name, Identity and History. The fundamental right of a person to a name and peoples’ right to their history shall be recognized and respected. Accordingly, the ICCs/IPs naming systems and customs shall also be recognized and respected and shall have the right to their indigenous names registered with the Civil Registry as their formal appellation to be used in all official documents establishing their identity. In close coordination with the Office of the Civil Registrar General (OCRG) the NCIP shall take appropriate measures to facilitate the registration of the ICCs/IPs indigenous names. For purposes of effective and efficient civil registration of births and deaths and census taking, the NCIP field offices shall be deputized to register said births and deaths. The paternal or maternal grandfather’s name maybe used as surname. All registrations and census shall be submitted to the nearest Office of Local Registrar. The ICCs/IPs have the right to their histories and to maintain the indigenous names of places within and outside their domains that reflect their unique identity. Section 10. Protection of Community Intellectual Property. The ICCs/IPs have the right to own, control, develop and protect the following: a) The past, present and
future manifestations of their cultures, such as but not limited to,
archaeological and historical sites, artifacts, designs, ceremonies,
technologies and visual and performing arts and literature as well as
religious
and spiritual properties; In partnership with the ICCs/IPs, the NCIP shall establish effective mechanisms for protecting the indigenous peoples’ community intellectual property rights along the principle of first impression first claim, the Convention on Bio-diversity, the Universal Declaration of Indigenous Peoples’ Rights, and the Universal Declaration of Human Rights. Section 11. Protection of Religious, Cultural Sites and Ceremonies. The indigenous artistic and historic wealth, ceremonial objects, cultural properties and artifacts constitutes the cultural treasures of the ICCs/IPs and shall be under their protection and disposition: Provided; that cultural treasures and properties shall not be brought outside of the indigenous peoples’ ancestral domains. Towards this end, the initiatives of indigenous peoples to establish museums or centers shall be supported financially and technically by the government. Section 12. Right to Indigenous Spiritual Beliefs and Traditions. The ICCs/IPs have the right to: a) Manifest, practice,
develop and teach their spiritual beliefs, traditions, customs
ceremonies; To ensure that indigenous sacred places, including burial sites are preserved, respected and protected, the ICCs/IPs shall regulate access to these sacred sites. Section 13. Protection of Indigenous Sacred Places. Penal sanctions in accordance with Sec. 72 of the Act and customary laws shall be applicable in case of:
Section 14. Right to Indigenous Knowledge Systems and Practices and to Develop Own Sciences and Technologies. Indigenous knowledge systems and practices (IKSP) are systems, institutions, mechanisms, technologies comprising a unique body of knowledge evolved through time embodying patterns of relationships between and among peoples and between peoples, their lands and resource environment, including such spheres of relationships which may include social, political, cultural, economic, religious, and which are the direct outcome of the indigenous peoples responses to certain needs consisting of adaptive mechanisms which have allowed indigenous peoples to survive and thrive within their given socio-cultural and biophysical conditions. The infusion of science and technology in the field of agriculture, forestry and medicine to ICCs/IPs is subject to their free and prior informed consent and shall build upon existing indigenous peoples knowledge and systems and self-reliant and traditional cooperative systems of the particular community. Section 15. Protection and Promotion of Indigenous Knowledge Systems and Practices (IKSPs). The following guidelines, inter alia, are hereby adopted to safeguard the rights of IPs to their indigenous knowledge systems and practices: a) The ICCs/IPs have the
right to regulate the entry of researchers into their ancestral
domains/lands
or territories. Researchers, research institutions, institutions of
learning,
laboratories, their agents or representatives and other like entities
shall
secure the free and prior informed consent of the ICCs/IPs, before
access to
indigenous peoples and resources could be allowed; To ensure effective control of research and documentation of their IKSPs, the IPOs’ initiatives in this regard shall receive technical and financial assistance from sources of their own choice. Section 16. Protection of Manifestations of Indigenous Culture. Indigenous culture shall not be commercialized or used for tourism and advertisement purposes without the free and prior informed consent of the indigenous peoples concerned. Where consent is alleged, the NCIP will ensure that there is free and prior informed consent. In instances where the presentation of indigenous culture and artistic performances are held, the IPs shall have control over the performance in terms of its content and manner of presentation according to customary laws and traditions, and shall have the right to impose penalties for violation thereof. Indigenous peoples shall also have the right to equitably share in the benefits of such presentation or performance. All funds collected from these activities shall be managed directly by the community concerned through the registered IPO, otherwise, the same shall be held in trust by the NCIP for the benefit of the concerned IP community. Section 17. Protection of Biological and Genetic Resources. The ICCs/IPs may, on their own initiative, make an inventory of biological and genetic resources found inside their domains/lands, for their exclusive use. They shall retain and reserve all rights pertaining to the storage, retrieval, and dissemination of the information, in whatever form and system, gathered as a result of the inventory. A certificate of free and prior informed consent shall be required in case the concerned ICCs/IPs may enter into a joint undertaking with natural or juridical persons for the use of biological and genetic resources for industrial, commercial, pharmaceutical and other profit-making purposes and ventures. Violation hereof shall be strictly prohibited and subject to penalties under customary law and as provided for by the Act. The NCIP shall assist the concerned ICCs/IPs in the enforcement hereof. Section 18. Agro-technological Development. The ICCs/IPs, in coordination with the NCIP may choose to establish cooperatives in accordance with the indigenous concept of cooperative system. The NCIP shall adopt programs for research and development of the ICCs/IPs’ agricultural systems and provide necessary funds therefor. chanrobles virtual law library Section 19. Funds for Archaeological and Historical Sites. The ICCs/IPs shall initiate proposals for the management and preservation of their archaeological and historical sites with the adequate and effective technical and financial support of the appropriate government agencies. All funds allocated for the management of these sites shall be immediately transferred to the IPs concerned through the NCIP. For this purpose, the NCIP shall take the necessary steps to ascertain that these funds are transferred to the communities concerned. RULE
VII. THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) Section 1. Creation of NCIP. The National Commission on Indigenous Peoples shall be established as the primary government agency to implement the policies set forth in the Act. Sec. 2. General and Specific Mandates. a) General Mandate. The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs and traditions and institutions. b) Specific Mandates. (1) The promulgation of
the Implementing Rules and Regulations as provided by Sec. 80 of the
Act,
within sixty (60) days after the appointment of the NCIP Chairperson
and
Commissioners, the Commission shall cause the preparation of the
Implementing
Rules and Regulations of the Act in consultation with the Committees on
National Cultural Communities of the Senate and House of
Representatives; and a) To be the primary
government agency responsible for the formulation and implementation of
policies,
plans and programs for, and with its main public clientele, the
indigenous
peoples; Part II: NCIP as an
Independent Agency Under the Office of the President. Section 1. NCIP as an Independent Agency Under the Office of the President. The NCIP is the primary agency of government for the formulation and implementation of policies, plans and programs to recognize, promote and protect the rights and well-being of indigenous peoples. It shall be an independent agency under the Office of the President. As such, the administrative relationship of the NCIP to the Office of the President is characterized as a lateral but autonomous relationship for purposes of policy and program coordination. This relationship shall be carried out through a system of periodic reporting. Matters of day-to-day administration or all those pertaining to internal operations shall be left to the discretion of the Chairperson of the Commission, as Chief Executive Officer. Sec. 2. Annual Reports. Within sixty (60) days after the close of each calendar year, the Commission shall submit an Annual Report to the Office of the President which shall reflect the status of policy formulation and coordination, and the implementation of plans, programs projects and activities for the best interest of the indigenous peoples. The Annual Report shall be comprehensive in scope and, as much as possible, be prepared in accordance with the following form and contents: a) Message contains
important policies, programs, projects and activities of the
Commission; the
status of their implementation; and other relevant information that
affect the
lives and welfare of the ICCs/IPs. It may also contain information on
what the
ICCs/IPs, in particular, and the general population may expect for the
coming
year or years. This portion of the Report shall be signed solely by the
Chairperson of the Commission; Part III: Composition,
Appointment, Qualification, Tenure, Compensation and Removal from
Office. Section 1. Composition of the Commission. The Commission shall be composed of seven Commissioners appointed by the President representing each of the ethnographic regions stated below. They shall serve as Commissioners in charge of their respective region. In no case shall one Commissioner serve or represent more than one ethnographic region: a) Region I and
Cordillera,; Sec. 2. Appointment of Commissioners. In constituting the NCIP, the President of the Philippines shall appoint seven (7) Commissioners, one of whom shall be Chairperson, according to the following mandatory considerations as provided by the Act: a) They shall come from
one of the seven ethnographic/cultural areas; The ICCs/IPs shall pro-actively participate in the selection of Commissioners and Chairperson through such mechanisms as may be provided by them. Sec. 3. Qualifications. The seven Commissioners shall possess the following qualifications and submit the required documents to the Office of the President as indicated: a) He/She must be natural
born Filipino citizen; Sec. 4. Appointment and Authority of the Chairperson. The Chairperson shall have the authority to preside over the Commission en banc, He/She shall likewise be the Chief Executive Officer of the NCIP as an independent agency under the Office of the President. Any delegation of authority by the Chairperson to other Commissioners and to the Executive Director shall be done in writing. Sec. 5. Tenure. The members of the Commission shall hold office for a period of three (3) years, and may be subject to re-appointment for another term. In no case shall a Commissioner serve for more than two (2) terms, or six consecutive years. 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. Sec. 6. Compensation. The Chairperson and the Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law. Sec. 7. Removal from Office. Any member of the NCIP may be removed from office for cause, after due notice and hearing, by the President on his own initiative or upon recommendation by any ICC/IP community before the expiration of his term and after complying with the due process requirement of law. Sec. 8. Requirements for Removal of Commissioners from Office. The removal for cause of any Commissioner shall require the following: a) A formal petition or
complaint shall be filed by any indigenous community to the Office of
the
President in Manila or any of its regional field offices; and Sec. 9. Inhibitions Against Members of the Commission. All prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interests so provided in Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, and other laws, rules and regulations shall also be applicable to the NCIP Commissioners, officers and employees. Part IV: Powers and
Functions of the NCIP Section 1: Policy Review, Formulation and Implementation. In relation to its function of policy review formulation and implementation, the NCIP shall have the following responsibilities: a) 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; Sec. 2: Managerial Functions. In relation to managerial functions, the NCIP shall have the responsibility to: a) Prepare and submit the
appropriate annual budget to the Office of the President; Sec. 3: Functions Pertaining to Ancestral Domains/Lands. In relation to its functions pertaining to Ancestral Domains and lands, the NCIP shall have the following responsibilities/roles: a) Titling of Ancestral
Domains/Lands. To issue certificates of ancestral land/domain titles in
accordance
with the procedures prescribed in these Rules and Regulations; Sec. 4: Fund Sourcing and Allocation. In relation to fund sourcing and allocation, the NCIP shall have the following powers and responsibilities: a) 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
the Act, and subject to the approval of the President, to obtain loans
from
government lending institutions and other lending institutions to
finance its
programs; and Sec. 5: Power to Represent IPs. To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns. The NCIP shall likewise authorize the attendance of a non-NCIP official or employee to international gatherings, conferences, convention, training, and similar undertakings who shall present the Philippine position in such activities. Such authorized individual or groups shall submit a written post-action report, and conduct briefings or re-echo seminars to the NCIP within thirty (30) days upon arrival. Part V: Accessibility and
Transparency Section 1. 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. 2. Exercise of Right to Information. In recognition of the right of the people to information on matters of public concern, the NCIP shall make accessible to the public all official records, documents and papers pertaining to official acts, transactions, as well as research data used as basis for policy development of the Commission. The exercise of the right to information includes, but shall not be limited to the following: a) Installation of an
information monitoring system to serve the information needs and
requirements
of the ICCs/IPs, POs, NGOs, government agencies and the general public;
and (1) Transfer of personnel,
assets, projects, funds and records corresponding to the reorganization
of the
ONCC/OSCC; chanrobles virtual law library Part VI: Offices of the
National Commission on Indigenous Peoples Section 1: Offices within the NCIP. The NCIP shall have the following offices which shall be responsible for the implementation of the policies, plans and programs herein provided. a) Ancestral Domains
Office Sec. 2. Ancestral Domains Office. The Ancestral Domains Office shall be responsible for the identification, delineation and recognition of ancestral lands/domains. Accordingly, it shall perform the following functions: a) Determine and define
the boundaries of ancestral domains and ancestral lands in accordance
with the
procedure prescribed in these Rules and Regulations, provide
cartographic
services and upon the final and official delineation of the ancestral
domain/land, endorse the same to the Commission for the issuance of the
appropriate titles thereto; Sec. 3. Office on Policy, Planning and Research. The Office on Policy, Planning and Research shall: a) Compile and update
listing of authentic IP organizations and leaders/elders; (1) Pertaining to the
exercise of residual powers of the national government affecting the
ICCs/IPs,
such as, but not limited to: the protection of community intellectual
rights;
nationwide ethnographic research projects; census of ICCs/IPs, and the
like, Sec. 4: Office on Education, Culture and Health. This office shall be responsible for the effective implementation of the education, cultural and health related rights as provided in the Act. It shall: a) Undertake studies,
plans, and programs and implement the same for the development of an
indigenous
curriculum and preservation of the historical and cultural heritage of
the
ICCs/IPs; Sec. 5: 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 Commission shall coordinate with pertinent government agencies especially 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: a) Formulate and implement
a program of action which will bring agro-technological development
among the
ICCs/IPs, building upon existing customary practices and traditions; Sec. 6: 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: a) Ensure that capability
building mechanisms are instituted and ICCs/IPs are afforded every
opportunity,
if they so choose, to participate in all levels of decision-making; Sec. 7. Administrative Office. This office shall provide the NCIP with economical, efficient and effective services pertaining to personnel, finance, records, equipment, security, supplies and related services. It shall: a) Study and recommend the
organizational and functional set up of the Commission, and to upgrade
and
develop personnel skills through a comprehensive program, taking into
special
consideration issues of ethnicity and divergence in ethnic origins of
the staff
and the diversity of cultures of its ICC/IP clientele; Sec. 8. Legal Affairs Office. The Legal Affairs Office shall: a) Advise the NCIP on all
legal matters concerning ICCs/IPs; Sec. 9. Office of the Executive Director. The Office of the Executive Director shall serve as the secretariat of the Commission. It shall be headed by an Executive Director who shall be appointed on a permanent basis by the President of the Philippines upon recommendation of the Commission. He/she shall be under the supervision of the Commission through the Chairperson and shall hold office regularly during business hours on all working days and shall perform the following functions: a) Advise and assist the
Chairman in the formulation and implementation of the objectives,
policies,
plans, and programs of the Commission; Part VII. Regional, Field
and Other Offices Section 1. Regional Offices and Field Offices. The Commission shall operate and maintain sub-national offices such as the regional and field offices consistent with its mandate and organizational objectives, the NCIP shall operate and maintain Regional Offices. a) The regional offices shall be distributed according to equitable number of the clientele population. Regional centers shall be physically located in strategic geographical sites to maximize the delivery of basic services and technical support to ICCs/IPs. The distribution of resources shall be proportionate to the number of clientele and requirements of the ancestral domains/lands of ICCs/IPs located in each region. The distribution of the regional offices is as follows: (1) Ilocos Region - to
serve the indigenous peoples in the Provinces of Ilocos Norte, Ilocos
Sur, La
Union, and Pangasinan; b) Field Offices at the provincial and community levels shall likewise be created. These shall be known respectively as Provincial Offices and Community Service Centers. c) Existing regional offices shall continue to function within the purview of reorganization, revitalization and strengthening of the NCIP structure. The Commission shall determine the number and scope of regional, provincial and community service centers based on the management principles of economy, efficiency and effectiveness. d) Other field offices shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided; that in provinces where there are ICCs/IPs but without field offices, the NCIP shall establish appropriate field offices thereat. Sec. 2. Other Offices. The NCIP shall have the power to create additional offices as it may deem necessary subject to existing rules and regulations, such as, but not limited to, the following: a) Finance Management
Office. For purposes of setting clear directions on financial policies,
and
institutionalize checks and balances in the management of the financial
resources and other assets of the Commission, there is hereby created
the
Finance Management Office which shall provide efficient and effective
services
relating to budgeting, accounting and internal audit. It shall: (1) Prepare the annual
budget of the Commission in coordination with the Office on Policy,
Planning,
and Research, Department of Budget and Management and the Office of the
President; b) Ancestral Domains Fund Division. A special division under the Administrative Office shall be created to manage the ancestral domains fund. It shall perform the following functions and responsibilities, viz: chanrobles virtual law library (1) To determine the
priority areas for funding; c) Office for Foreign Assisted Programs and Projects. This office shall be responsible for the completion of the necessary technical requirements for program and project development. It shall develop programs and projects for foreign assistance, complete requirements for the approval thereof, and follow up proposals with the respective institutions; supervise and manage foreign-funded programs and projects being implemented by the NCIP; assist people’s organizations and NCIP offices in the development, implementation and management of foreign-funded projects; and perform such other functions as may be defined by the Commission. d) International Relations Office. This unit shall be responsible for all matters and concerns involving international bodies and foreign countries and affecting the enjoyment and realization of all human rights of the ICCs/IPs. To accomplish this mandate, it shall have the following specific functions: (1) Assist the NCIP in
representing the Philippine ICC/IPs in all international conferences
and
conventions dealing with indigenous peoples and other related concerns; Part VIII. Composition of
and Guidelines for the Convening of the Consultative Body Section 1. Definition and Composition. Pursuant to Sec. 50 of the Act, the NCIP shall convene the consultative body which is defined as: a) A body consisting of
the traditional leaders, elders and representatives from the women and
youth
sectors of the different ICCs/IPs shall be constituted by the NCIP from
time to
time to advise it on matters relating to the problems, aspirations and
interests of the ICCs/IPs. Sec. 2. Guidelines for the Convening of the Consultative Body. In convening the Consultative Body as provided in Sec. 50 of the Act, the following guidelines shall be applicable: a) The Consultative Body
shall be composed of tribal leaders and indigenous peoples
representatives from
the elderly, women, youth and children sectors, who shall be accredited
for
this purpose, and where applicable, in accordance with the principle of
equitable representation of all ICCs/IPs at each level; RULE
VIII. DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS Part I. Delineation and
Recognition of Ancestral Domains/lands Section 1. Principle of Self Delineation. Ancestral domains shall be identified and delineated by the ICCs/IPs themselves through their respective Council of Elders/Leaders whose members are identified by them through customary processes. The metes and bounds of ancestral domains shall be established through traditionally recognized physical landmarks, such as, but not limited to, burial grounds, mountains, ridges, hills, rivers, creeks, stone formations and the like. Political or administrative boundaries, existing land uses, licenses, leases, programs and projects or presence of non-ICCs in the area shall not limit the extent of an ancestral domain nor shall these be used to reduce its area. Sec. 2. Procedure on Ancestral Domain Delineation. The Ancestral Domains Office (ADO) shall be responsible for the official delineation of ancestral domains and lands. For this purpose the ADO, at its option and as far as practicable, may create mechanisms to facilitate the delineation process, such as the organization of teams of facilitators which may include, among others, an NGO representative chosen by the community, the Municipal Planning and Development Officer of the local government units where the domain or portions thereof is located, and representatives from the IP community whose domains are to be delineated. The ADO will ensure that the mechanisms created are adequately supported financially and technically to enable the efficient and expedient delineation of the ancestral domains. The identification, delineation and recognition of ancestral domains shall be in accordance with the following procedure: a) Filing of Petition for
Delineation. A majority of the members of the ICCs/IPs in a specific
area,
through their own recognized Council of Elders/Leaders, may file a
petition
with the NCIP through the Provincial Office for the identification,
delineation
and recognition of their ancestral domain. No other entity shall file
said
petition and to ensure the legitimacy of the Petition, the same shall
be signed
by all members of the concerned ICCS/IPs’ Council of Elders or
popularly
recognized and accepted leadership body. (1) Community-wide
information dissemination and consultation with the ICCs/IPs concerned
shall be
conducted to inform them about the delineation process and to establish
the
genuineness of the Petition. c) Submission of Proof. To prove its ancestral domain claim, the concerned ICCs/IPs shall submit to the NCIP Provincial Office the following: (1) the testimony of the
community elders who participated in the identification of physical
boundaries
and who took part in giving the oral historical accounts; and i) Written accounts of the
ICCs/IPs customs and traditions; d) Notice of Ocular Inspection. The NCIP Provincial Office shall notify the applicant community through its Council of Elders/Leaders, adjoining communities through their elders or leaders, and other affected entities, five (5) days in advance, that an ocular inspection of the ancestral domain claim of applicant community shall be conducted on such a date and time and that their presence is required especially in the verification of the metes and bounds thereof. e) Ocular Inspection. The NCIP Provincial Office, in cooperation with the ICCs/IPs concerned and representatives of adjoining communities shall conduct an ocular inspection of the area being claimed in order to verify the landmarks indicating the boundaries of the ancestral domain and the physical proofs in support of the claim. f) Evaluation and Appreciation of Proof. The NCIP Provincial Office shall evaluate the proofs submitted. If the claim is found to be patently false or fraudulent after diligent inspection and verification, notice of such rejection which includes the reasons for the denial shall be sent to the ICC/IP claimant. The ICC/IP claimant, may bring the denial on appeal with the NCIP on the grounds of arbitrary and/or erroneous appreciation of facts. In addition to the proof submitted, the NCIP Provincial Office may require additional proof for purposes of substantiating the claim. g) Survey and Preparation of Survey Plans. Based on its appreciation of proofs, the NCIP Provincial Office shall request the Regional Surveys Division to conduct a perimeter survey and prepare survey plan of the area with the necessary technical description, including the significant natural features and landmarks found therein. h) Boundary Conflicts. In cases where there are boundary conflicts among ICCs/IPs, the NCIP Provincial Office shall refer the matter for settlement at the community level. If no settlement is reached, the NCIP Provincial Office shall cause the contending parties to meet and come up with a preliminary resolution of the conflict to pave the way for the delineation without prejudice to its full adjudication pursuant to the pertinent provisions of the Act and these Rules and Regulations. i) Preparation of Report of Investigation and Other Documents. The NCIP Provincial Office shall prepare an official report of investigation which shall include its findings during the ocular inspection; evaluation and appreciation of proofs submitted, and a preliminary report on the census of community members, the minimum contents of which shall be the number of ICC/IP and non-ICC/IP households in the community; a list of community-recognized indigenous leaders/elders; and a description of the community-recognized PO in the area. j) Validation of Map. The NCIP Provincial Office shall present the survey plan prepared pursuant to item (g) above, to the applicant ICC/IP community for validation. If not validated, proper corrections may be made or another survey may be conducted. k) Basic Documents of the Delineation Process. The approved and validated survey plan of the Ancestral Domain Claim and the Petition for Delineation shall constitute the basic documents of the delineation process. l) Notice and Publication of Ancestral Domain Claim. The following shall constitute the procedure for notice and publication: (1) The NCIP Provincial
Office shall prepare a copy of the basic documents of the ancestral
domain
claim, including a translation thereof in the native language of the
ICCs/IPs
concerned; m) Endorsement of the Ancestral Domain Claim to the NCIP. Within fifteen (15) days after publication, the NCIP Provincial Office shall endorse the ancestral domain claim to the NCIP Regional Office for verification. If the Regional Office deems the claim to have been sufficiently proven, it shall endorse the same to the Ancestral Domains Office with its corresponding recommendation. n) Review by the Ancestral Domains Office. Within fifteen (15) days from receipt of the endorsement by the NCIP Regional Office of the ancestral domain claim, the Ancestral Domains Office, shall review the documents. If the ADO finds the claim to have been sufficiently proven, it shall prepare its report to the NCIP endorsing a favorable action thereon. In case the ADO finds the proof insufficient, it shall require the submission of additional evidence. If the application is found to be patently false or fraudulent, the same shall be rejected with notice sent to the applicant stating the reasons therefor. o) Preparation and Issuance of CADT. Upon receipt of the report of the ADO, the Commission shall meet en bane to discuss the merits of the claim based on the documents accompanying the endorsement. If it approves the claim, the Commission shall direct the ADO to prepare the Certificate of Ancestral Domain Title (CADT) in the name of the claimant IP community in a specific location, together with all its necessary annexes. The CADT shall be issued by the Commission and signed by all the Commissioners. No CADT shall be issued in the name of a person family, clan or organization. p) Submission of Maps. The official map of the ancestral domain shall be submitted to the appropriate government agency for records and control purposes. Sec. 5. Validation of Prior Delineation of Ancestral Domains a) Validation of Certificates of Ancestral Domain Claims (CADCs) ICCs/IP communities whose ancestral domains have been satisfactorily delineated pursuant to DENR Special Order No. 31, Series of 1989, as amended, and Administrative Order No. 2, Series of 1993, may apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area without going through the process prescribed in the Act. Such application shall be made through the filing of a duly accomplished application form with the NCIP Provincial Office for the purpose. b) Turn-Over of Pertinent Records. The NCIP shall cause the turn-over, by the DENR or other concerned government agency, of all records pertinent to approved applications for CADCs immediately upon approval of these Rules and Regulations, without prejudice to the prerogative of the NCIP to enter into a Memorandum of Agreement with DENR or other concerned agency, to ensure a continuous and satisfactory delineation of ancestral lands/domains. Upon receipt of such records, the NCIP shall require the Provincial Office to review the same in order to establish the correctness of the delineation made, sufficiency of proof and regularity of the process undertaken for the purpose. c) Endorsement to NCIP. Upon favorable findings, the NCIP Provincial Office shall endorse to the ADO, through the Regional Office, the documents supporting the validation of the CADC and the subsequent issuance of a CADT. d) Re-delineation of Areas Covered by CADCs. In case of irregularity in the delineation process of CADCs granted under DENR DAO No. 2, Series of 1993, the NCIP Provincial Office shall refer the matter to the NCIP Regional Office for a field investigation and appropriate re-delineation, if necessary, in accordance with the process hereinabove described. e) Other Tenurial Instruments. The NCIP shall conduct a study of other tenurial instruments issued to members of ICC/IP communities such as, but not limited to, Certificates of Land Ownership Awards (CLOA) of the Department of Agrarian Reform (DAR), and Certificate of Stewardship Contracts (CSC) of the DENR, in order to determine the feasibility of their conversion to CADTs or CALTs, and the case may be. Sec. 6. Turn-over of Areas within Ancestral Domains. Once an area is certified as an ancestral domain, the Chairperson of NCIP shall issue a notice to concerned government agencies, such as but not limited to, the DENR, DAR, DILG, DECS, DOT, DTI, DND, DOH, or DOE, having jurisdiction over these areas, that the same is within ancestral domains and therefore falls under the jurisdiction of the concerned ICCs/IPs by operation of law. The ICCs/IPs and the concerned government agencies may enter into agreements on the exercise of joint management responsibilities over such areas. Such agreements shall, whenever possible, incorporate a plan for the eventual transfer of full management powers and responsibilities to the ICCs/IPs. The NCIP shall exercise visitorial and monitoring powers to safeguard the rights of the ICCs/IPs under the agreement. Sec. 7. Delineation of Ancestral Lands. The procedures for delineation of ancestral lands shall be undertaken by the NCIP Service Center where the land is located, in accordance with the following procedures: a) Identification of
Ancestral Lands within Ancestral Domains. The ICCs/IPs, through their
POs
and/or Council of Elders, shall be responsible for identifying and
establishing
ancestral lands within their respective ancestral domains based on
their own
customs and traditions. With the free and prior informed consent of its
members, the community may also allocate portions of the ancestral
domain to
individuals, families or clans in accordance with their customary laws
and
traditional practices. (1) Written accounts of
the ICCs/IPs customs and traditions; d) Notice and Publication. Upon receipt of the application the NCIP Service Center shall cause the publication of such application in accordance with the following procedure: (1) The NCIP Service
Center shall prepare a copy of the petition and surveyor sketch plans,
these
being the basic documents of the ancestral land claim, including a
translation
thereof in the native language of the ICCs/IPs concerned; e) Ocular Inspection and Appreciation of Proof. Within fifteen (I5) days after such publication, the NCIP Service Center shall conduct an ocular inspection and investigation thereof. Notices shall be sent to the applicant and owners of adjoining properties at least five days before the scheduled date of ocular inspection. If the NCIP Service Center finds the same meritorious, it shall request the NCIP Regional Office, for a technical survey of the area. However, it may reject any application for CALT which it finds patently false or fraudulent upon investigation and shall give the applicant due notice of the action taken including the grounds for the denial. Such denial is appealable to the NCIP in accordance with the procedure prescribed herein. f) Resolution of Conflicting Claims. In case of conflicting claims, the NCIP Service Center shall refer the same to the Council of Elders/Leaders in the community for settlement. In case of failure of settlement thereat, the NCIP Service Center shall endeavor to cause the contending parties to meet and help them come up with a preliminary resolution of the conflict. Upon the exhaustion of all possible remedies, the same conflict may however be submitted for full adjudication under Sec. 62 of the Act, in which the Director of Lands may take part to represent the interest of the Republic of the Philippines. g) Parcellary Survey. -Upon the recommendation of the NCIP Service Center, through the NCIP Provincial Office, the Surveys Division of the NCIP Regional Office shall conduct a parcellary survey of the area. Upon the completion of the survey and approval thereof, the survey returns and the approved survey plan shall be returned to the NCIP Service Center through the Provincial Office. h) Report of Investigation. The NCIP Service Center shall prepare a report of its findings, together with the record and the approved survey plan and submit the same to the NCIP Provincial Office. In case of insufficient proof, additional evidences may be required from the applicant. i) Review by the NCIP Provincial Office. Upon review by the NCIP Provincial Office and finding the application to be sufficiently proved, the same shall be endorsed to the NCIP Ancestral Domains Office through the NCIP Regional Office. j) Issuance of Certificate of Ancestral Land Title (CALT). The ADO shall, within fifteen (I5) days from receipt thereof, submit all records of the application to the NCIP which shall in turn, evaluate the application and report submitted, and if it finds the application to be meritorious, issue the corresponding CALT. Sec. 8. Registration of Certificates of Ancestral Domain Title (CADTs) and Certificates of Ancestral Land Title (CALTs). The NCIP, through the Ancestral Domains Office (ADO), shall register all CADTs and CALTs with the Register of Deeds in the place where the properties are located. The NCIP together with the Land Registration Authority shall formulate the procedure for such registration. Awardees of CADT and CALT themselves may opt to personally cause such registration. Sec. 9. Reconveyance of Fraudulently Transferred Ancestral Lands. Within two years from the effectivity of the Act, the NCIP shall take appropriate legal action for the cancellation of illegally acquired titles ensuring however that the rights of possessors in good faith are protected. Procedures for reconveyance to the ICCs/IPs concerned shall be undertaken by the ICCs/IPs with the assistance of NCIP if requested. This provision shall not prejudice the right of ICCs/IPs to redemption of lands transferred under vitiated consent and/or unconscionable consideration as provide for in Chapter III, Sec. 8 of the Act and these Rules and Regulations. Part II. Ancestral Domain
Development and Protection Section 1. Right to Manage and Develop Ancestral Domains. The ICCs/IPs shall have the right to freely pursue their economic, social, political and cultural development. In the exercise of this right, the ICCs/IPs shall formulate and pursue their own plans for the sustainable management and development of the land and natural resources as well as human resources within their ancestral domains based on their indigenous knowledge systems and practices and on the principle of self-determination. Such plans may be consolidated into an Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) which shall be the basis of the Five Year Master Plan defined under these Rules and Regulations. Sec. 2. Preparation and Adoption of Ancestral Domains Sustainable Development and Protection Plans (ADSDPP). With the assistance of the NCIP, the ICCs/IPs concerned shall prepare their own ADSDPP in accordance with their customary practices, laws and traditions. The ADSDPP shall contain the following basic information: a) Manner by which the
ICCs/IPs will protect the domains; All ADSDPPs shall be disseminated among community members in any mode of expression appropriate to the customs and traditions of the ICCs/IPs including, but not limited to, writings in their own language, oral interactions, visual arts, and analogous modes. The ICCs/IPs shall submit to the municipal and provincial government unit having territorial and political jurisdiction over them their ADSDPP in order for the said LGU to adopt and incorporate the same in the Municipal Development Plan, Municipal Annual Investment Plan, Provincial Development Plan, and Provincial Annual Investment Plan. Sec. 3. Basic Steps in the Formulation of an ADSDPP. For purposes of ensuring the authenticity and effectiveness of the Plan, the community members, through their PO and/or Council of Elders, and with the assistance of the NCIP, shall follow the following basic steps in the formulation process: a) Information
Dissemination. The Council of Elders/Leaders, with the assistance of
the NCIP,
shall conduct of intensive information-dissemination on the Indigenous
Peoples
Rights Act (IPRA) among the community members. For the purpose of
information-dissemination, the NCIP may engage the services of an
authorized
NGO or IPO; Sec. 4. Management of Joint Undertakings Within Ancestral Domains. The ICCs/IPs shall have priority rights in the harvesting, extraction, development or exploitation of the natural resources within the ancestral domain. Should the ICCs/IPs give their free and prior Informed consent to any development activity, project, program or plan to be implemented by any government or private entity, they shall have the following rights: a) The right to an
Informed
and intelligent participation in the formulation and implementation of
the
project; Sec. 6. Existing Contracts, Licenses, Concessions, Leases, and Permits Within Ancestral Domains. Existing contracts, licenses, concessions, leases and permits for the exploitation of natural resources within the ancestral domain may continue to be in force and effect until they expire. Thereafter, such contracts, licenses, concessions, leases and permits shall not be renewed without the free and prior Informed consent of the IP community members and upon renegotiation of all terms and conditions thereof. All such existing contracts, licenses, concessions, leases and permits may be terminated for cause upon violation of the terms and conditions thereof. Sec. 7. Right To Manage Protected and Environmentally Critical Areas. The ICCs/IPs, through their POs and/or Council of Elders, shall determine the terms and conditions for the exploration of natural resources within the ancestral domain for the purpose of ensuring ecological balance, environmental protection and conservation. Accordingly, the ICCs/IPs, with the assistance of the NCIP, shall: a) Inventory of all
Portions of Ancestral Domains. Conduct an inventory of all portions of
ancestral domains which have been determined by appropriate government
agencies
as necessary for critical watersheds, mangroves, wildlife sanctuaries,
wilderness,
protected areas, forest cover or reforestation, national parks, or
natural
parks for purposes of evaluating the same under their own parameters; Sec. 8. Five Year Master Plan. Based on the Ancestral Domain Sustainable Development and Protection Plans (ADSDPP) of the various ICCs/IPs and other relevant information, the Office on Policy, Planning and Research shall formulate a Five-Year Master Plan for the delivery of appropriate support services to the ICCs/IPs. Such support services, which includes infrastructure, health and educational services, training, credit facilities, community production and marketing facilities, organizational support services and the like, shall be identified by the ICCs/IPs themselves through traditional and customary consultative processes facilitated by the community-recognized POs and/or Council of Elders. The allocation of funds for and delivery of such support services shall be made with utmost transparency and with the involvement of the community POs, Councils of Elders and community members. Any violation of this provision shall be subject to administrative sanction and be punishable under Sec. 72 of the Act. The Five-Year Master Plan shall also indicate the priorities for development of the ICCs/IPs affecting their lives, beliefs, institutions, spiritual well-being and ancestral domains or lands pursuant to Section 17 of the Act. Sec. 9. Certification Precondition Prior to Issuance of any Permits or Licenses. a) Need for Certification. No department of government or other agencies shall issue, renew or grant any concession, license, lease, permit, or enter into any production sharing agreement without a prior certification from the NCIP that the area affected does not overlap any ancestral domain. b) Procedure for Issuance of Certification by NCIP. (1) The certification,
above mentioned, shall be issued by the Ancestral Domain Office, only
after a
field based investigation that such areas are not within any certified
or
claimed ancestral domains. c) When the Areas Affected are within Ancestral Domains. When the areas affected are certified to be within ancestral domains, all licenses, leases, permits or the like may henceforth be issued only upon compliance with the procedures for securing of free and prior informed consent, pursuant to these Rules and Regulations. The NCIP, upon complaint of the ICCs/IPs, or on its own initiative, shall issue compulsory processes to stop or suspend any project that has not satisfied the consultation process and the requirements of Free and Prior Informed Consent of the ICCs/IPs or upon violation of any of the terms and conditions of the contract, lease, permit or production sharing agreement. The NCIP in collaboration with the ICCs/IPs concerned shall closely monitor the implementation of the Project and for this purpose may gain access to the premises, facilities, records and documents of the project to ascertain that their rights are adequately protected. Section 10. Right to Stop and Suspend Projects. The NCIP, may motu propio or upon the instance of ICCs/IPs, shall have the right to stop and suspend the implementation of any development program, project, policy or plan, and after due investigation and proof that consent was obtained due to manipulation, coercion, intimidation and deceit or where proponent has violated any or all of the terms and conditions stipulated in the Memorandum of Agreement. Whenever applicable and after due notice, the cash bond deposited or surety bond posted by the proponent shall be confiscated and forfeited to answer for compensatory measures shall be imposed upon the proponent. Section 11. Exemption from Taxes. All lands certified as Ancestral Domains shall be exempt from the payment of real property taxes, special levies, and other forms of exaction except such portions of the ancestral domains as are actually used for large-scale agriculture, commercial forest plantations and residential purposes or upon titling by private persons. All exaction shall be used to facilitate the development and improvement of the ancestral domains. For this purpose the NCIP shall coordinate with the appropriate government offices to facilitate the transfer of such revenues to the concerned ICC/IP community. For purposes hereof, residential houses refer to buildings or structures used as the personal residence of an individual and shall not include any indigenous houses that are used communally, such as, but not limited to, houses of worship and other similar structures for ritual purposes. Section 12. Temporary Requisition Powers. Prior to the establishment, organization and staffing of its survey divisions and/or units through which it can effectively fulfill its mandate, and within three (3) years after its creation, the NCIP may request the Department of Environment and Natural Resources, or engage private survey companies, to conduct the survey of ancestral lands/domains, under a Memorandum of Agreement. Such Memorandum of Agreement shall stipulate among others, a provision on technology transfer to the NCIP. The Secretary of the DENR shall accommodate any such request within one (1) month from its Issuance. Section 13. Expropriation. Pursuant to Sec. 64 of the Act, expropriation of lands under existing laws may be resorted to for purposes of resolving conflicts of interest in relation to ancestral domains or for the promotion of the “common good”. RULE
IX. JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS Section 1. Primacy of Customary Law. All conflicts related to ancestral domains and lands, involving ICCs/IPs, such as but not limited to conflicting claims and boundary disputes, shall be resolved by the concerned parties through the application of customary laws in the area where the disputed ancestral domain or land is located. All conflicts related to the ancestral domains or lands where one of the parties is a non-ICC/IP or where the dispute could not be resolved through customary law shall be heard and adjudicated in accordance with the Rules on Pleadings, Practice and Procedures before the NCIP to be adopted hereafter. All decisions of the NCIP may be brought on Appeal by Petition for Review to the Court of Appeals within fifteen (15) days from receipt of the Order or Decision. Sec. 2. Rules of Interpretation. In the interpretation of the provisions of the Act and these rules, the following shall apply: a) All doubts in the
interpretation of the provisions of the Act, including its these rules,
or any ambiguity
in their application shall be resolved in favor of the ICCs/IPs. Sec. 3. Appeals to the Court of Appeals. Decisions of the NCIP is appealable to the Court of Appeals by way of a petition for review within fifteen (15) days from receipt of a copy thereof. Sec. 4. Execution of Decisions, Awards, and Orders. Upon expiration of the period herein 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. 5. Jurisdiction and Quasi-judicial Functions of the NCIP. In relation to its quasi-judicial powers, the NCIP shall: a) Through its regional
offices, have jurisdiction over all claims and disputes involving the
rights of
ICCs/IPs; Sec. 6. No Restraining Order or Preliminary Injunction. No inferior court of the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the NCIP or any of its du1y authorized or designated offices in any case, dispute or controversy arising from, necessary to, or interpretation of the Act and other pertinent laws relating to ICCs/IPs and ancestral domains. RULE
X. ANCESTRAL DOMAIN FUNDS Section 1. Sourcing and Appropriation. The NCIP shall endeavor to realize the amounts intended for the Ancestral Domain Fund appropriated under Sec. 71 of the Act. It shall augment this fund by actively seeking additional government funds and soliciting donations, endorsements and grants from various sources, including foreign funds made available for the ICCs/IPs through the Government of the Philippines under the national implementation scheme. Only the Chairman of the NCIP or his duly-designated representatives, shall have the authority to receive such donations, endowments or grants, which shall be fully documented and disseminated to all concerned. Sec. 2. Allocation and Disposition. For purposes of delineation and development of ancestral domains, Ancestral Domain Funds shall be allocated equitably, to be computed on a per linear/kilometer basis. Where the POs and/or Councils of Elders have sufficiently expertise for purpose of delineation and ancestral domain development activities, the NCIP shall grant these funds directly to the POs and/or Council of Elders, who shall be held accountable for such funds, without prejudice to the NCIP’s visitation and monitoring powers; Provided, otherwise, that the NCIP shall manage and supervise the delineation and development, while ensuring the transfer of technology to the ICCs/IPs concerned. Sec. 3. Reporting and Audit. The Ancestral Domain Fund shall be subject to the usual government accounting and auditing procedures. A consolidated report of expenditures under this fund shall be prepared and presented to the NCIP en bane regu1arly on a quarterly basis. The same report shall also be presented to the Consultative Body when it is in session and made available to any indigenous cultural community PO or Council of Elders upon request. RULE
XI. PENALTIES AND SANCTIONS a) Unlawful or
unauthorized intrusion into ancestral domains/lands; Sec. 2. Punishable Acts Related to Employment. Any person who commits any of the following acts are subject to punishment as prescribed in the Act: a) Exposure to hazardous
working conditions; Sec. 3. Punishable Acts Related to Cultural Integrity. Commission of any of the following acts or violation of any of the following rights are punishable under the Act: a) Exploring, excavating
or making diggings on archaeological sites of the ICCs/IPs for the
purpose of
obtaining materials of cultural value without the free and prior
informed
consent of the community concerned; and Part II. Persons Liable Section 1. Persons Liable. The following are liable for punishment for violation of the rights of ICCs/IPs enumerated in the Act: a) Any individual, whether
a member of the same or different ICC/IP community or not; Part III. Penalties Section 1. Imposable Penalties in Accordance With Customary Law. The ICC/IP community whose rights have been violated may penalize any violator in accordance with their customary law, except: a) Where the penalty is
cruel, degrading or inhuman; or
Sec. 3. Accessory Penalties. In addition to the penalties referred to in the preceding article, the following may be imposed: a) For all violators,
payment of damages suffered by the ICCs/IPs as a consequence of the
unlawful
act; RULE
XII: MERGER OF THE ONCC/OSCC Section 1. Definition and Policy. Merger refers to the reorganization of the ONCC and OSCC to establish the NCIP as the primary government agency that is efficient, effective and fully responsive to the needs and requirements of the indigenous peoples, its main public clientele. The reorganization shall lead to a revitalized and strengthened structure to achieve the objectives of the NCIP. Sec. 2. Reorganization Procedures. The procedures for the merger are the following: a) Revitalization and
Strengthening. To achieve this purpose, the NCIP shall: 1) Form a common staff
support system which shall be organized along the various offices and
functions
of the Commission as provided in Section s 46 to 49 of the Act; b) Retirement of Officials and Employees of the ONCC and OSCC. Pursuant to the rules of government reorganization, all officials and employees of the ONCC and OSCC are deemed retired and shall be on holdover status upon the effectivity of the Act, until the issuance of a thirty (30-day) notice of termination; c) Notice of Termination. Incumbent ONCC/OSCC officials and employees shall be individually served a notice of termination of service thirty (30) days before such termination; d) Staffing Pattern. The NCIP shall prepare a staffing pattern composed of newly created positions subject to the approval of the Department of Budget and Management and the Civil Service Commission and shall implement the same; and e) Criteria for Filling Up of the Newly Created Positions. The newly created positions shall be filled up according to the: 1) Qualifications and
standards set by the Civil Service; and Sec. 3. Order of Priority and Preferential Rights. The exercise of priority rights in the appointment of the retired ONCC/OSCC personnel shall be in the following order: a) Former ONCC/OSCC
officers and employees who are IPs and have held permanent appointments
to positions
comparable to vacant or new position; or in case there are not enough
comparable positions to positions next lower in rank; Provided that the
Civil
Service rules and regulations and guidelines approved by the Placement
Committee shall apply in case of conflict between two equally qualified
former
officers/employees who are IPs; Provided, further, that those with CESO
rank
shall have priority in employment to comparable positions in the new
staffing
pattern; and Sec. 4. Reappointment of Former ONCC/OSCC Personnel. Former officers and employees of the ONCC and OSCC may be re-appointed to the NCIP after meeting the qualifications and standards set by the Civil Service and Placement Committee, in accordance with the criteria set by the Consultative Body. Sec. 5. Payment of Gratuity and Retirement Benefits. Personnel of the ONCC/OSCC who may be retired or separated from service as a result of the reorganization shall be entitled to gratuity or retirement benefits at the rate of one and a half (1 1/2) months pay for every year of service, as provided in Sec. 74 of the Act; Provided, that the computation of the retirement benefits or gratuity shall begin upon the effectivity of the notice of termination; Provided further, that the same gratuity and retirement benefits shall be refunded by the former ONCC/OSCC personnel upon his/her reappointment to the NCIP. Sec. 6. Placement Committee. Pursuant to Sec. 77 of the Act, the Commission shall create a Placement Committee to assist in the judicious selection and placement of the NCIP personnel. Sec. 7. Composition of the Placement Committee. The NCIP Chairperson shall be the Chairperson and Presiding Officer of the Committee. It shall prepare and approve its own Ru1es of Procedures. a) At the national level,
it shall be composed of the following: (1) The seven
Commissioners of the NCIP; Provided, that majority, or four (4)
Commissioners
shall suffice to constitute the NCIP representation; (1) The Chairperson of the
Commission or his duly authorized representative; the Commissioner
representing
the ethnographic area of the Region or his/her duly authorized
representative; Sec. 3. NGO Accreditation to the Placement Committee. To qualify for appointment to the Placement Committee, the non-government organizations must submit their accreditation papers to the Chairperson of the NCIP, not later than seven days after the effectivity of these Rules and Regulations. The documents shall consist of the following: a) Certificate of
Registration with the Securities and Exchange Commission; Sec. 4. IPO Accreditation to the Placement Committee. To qualify for appointment to the Placement Committee, the indigenous peoples’ organizations must submit their accreditation papers to the Chairperson of the NCIP, not later than seven days after the effectivity of these Rules and Regulations, consisting of the following: a) Organizational Profile
and Record of Accomplishments in community organizing and social
development
related to the protection and recognition of ancestral domains/lands,
five
years prior to the IPRA; Sec. 5. Operational Guidelines of the Placement Committee. Within three (3) days from receipt of the resolution of the Placement Committee, the NCIP Chairperson shall issue an administrative order implementing the Operational Guidelines on personnel appointment. The Operational Guidelines shall be effective immediately. Sec. 6. Incorporation of the Placement Committee’s Operational Guidelines The Placement Committee Operational Guidelines shall be incorporated in the Merit and Promotion Plan of the NCIP, any amendments to the Criteria and Guidelines shall be made in coordination with the consultative body called for this specific purpose. The recommendations of the consultative body shall be submitted to the Commission for consideration. Sec. 8. Principles In Formulating the Criteria of Appointment. The consultative body shall apply, but not be limited to, the following principles in the formulation of the criteria and guidelines for retention and appointment: a) Adoption of
qualifications and standards set by the Civil Service Commission as the
minimum
set of qualifications and standards; Part III: Transition
Period Section 1. Definition of Transition Period. This term shall refer to the following stages of reorganization leading to the establishment of the NCIP: a) Winding up of the
ONCC/OSCC This period covers six months, beginning from the date of
effectivity
of the Act, on November 22, 1997, and ending on May 22, 1998, during
this
period, the ONCC/OSCC shall conduct an audit of their finances, and
prepare
Terminal Reports of their accomplishments including financial audit
which shall
be submitted, on or before May 22, 1998, to the offices and agencies of
government listed below: 1) Office of the President b) The NCIP main clientele, and the general public may exercise their Rights to Accessibility and Transparency as provided in Sec. 45 of the Act, to obtain all official records, documents and papers pertinent to the financial audit and Terminal Report of the ONCC/OSCC. c) The NCIP shall initiate a transition mechanism during the transition period which shall consist of the following: 1) Creation of the
Transition Staff composed of a skeletal force from among the former
personnel
of the ONCC/OSCC, who shall be selected based on the criteria set by
the
Commission. The Transition Staff shall assist the Commission in the
performance
of the following tasks: i) Preparation of the NCIP
CY 1999 Budget; RULE
XIII. FINAL PROVISIONS Section 1. Special Provision. The provisions of the Act relating to the civil, political, social and human rights and those pertaining to the identification, delineation, recognition, and titling of ancestral lands and domains are applicable throughout the entire country: Provided; That lands within the Baguio Townsite Reservation shall not be reclassified except through appropriate legislation: Provided further; That all land rights and titles acquired or recognized in Baguio City through judicial, administrative or other processes before the effectivity of the Act shall remain valid: Provided finally; That the City of Baguio shall not dispossess claimants of their undocumented private lands as guaranteed under Act No. 1963, as amended by Act No. 2711, C.A. No. 143 and R. A. No. 329. The undocumented private lands of claimants in Baguio City may be titled in accordance with C.A. No. 141, as amended; P. D. No. 1529; and the Act, whichever is applicable. In case of titling pursuant to the provisions of the Act, the procedure prescribed in Rule VIII of these rules shall apply. The Ancestral Domains Office shall organize and operationalize a Coordinating Desk for Baguio Ancestral Domain/Land Rights. This desk shall serve the indigenous peoples of Baguio City to uphold and protect their rights over their ancestral domains/lands. Its specific functions shall be, but not limited to, the following: a) Accept the Terminal
Report of the status of all Ancestral Domains/Land Claims in the City
of Baguio
from the DENR-CAR, including a final and validated list of claims and
claimants
and complete records of all claims filed, processed and the actions
taken
thereon, if any; Sec. 2. Separability Clause. In case any clause, sentence, Section , or provision of these rules and regulations or any portion hereof is held or declared unconstitutional or invalid by a competent court, the other Section s or provisions hereof which are not affected thereby shall continue to be full force and effect. Sec. 3. Repealing and Amending Clause. All Administrative Orders, rules and regulations, memoranda, circulars, and other orders inconsistent herewith or contrary to the provisions of these rules and regulations are hereby repealed or modified accordingly. The Commission shall have the authority, among others, to amend, revise, add to, supplement, interpret, clarify, delete, or make exemptions to any provision of these rules and regulations with the end in view of ensuring that the provisions of the Act are properly implemented and enforced, and the goals and objectives adequately achieved. Sec. 4. Effectivity. These rules shall take effect fifteen (15) days upon its publication in any two newspapers of general circulation. Approved this 9th of June,
1998. MAI
T. TUAN Approved: October 29, 1997 |
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