REPUBLIC ACT NO. 8371

Transcription

1 S. No H. No Republic Philippines Congress Philippines Metro Manila Tenth Congress Third Regular Session Begun held in Metro Manila, on Monday twenty-eighth day July, nineteen hundred ninety-seven REPUBLIC ACT NO AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by Senate House Representatives Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS SECTION 1. Short Title. - This Act shall be known as "The Indigenous Peoples Rights Act 1997". SEC. 2. Declaration State Policies. - The State shall recognize promote all rights Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs) hereunder enumerated within framework Constitution: a) The State shall recognize promote rights ICCs/IPs within framework national unity development; b) The State shall protect rights ICCs/IPs to ir ancestral domains to ensure ir economic, social cultural well being shall recognize applicability customary laws governing property rights or relations in determining ownership extent ancestral domain; c) The State shall recognize, respect protect rights ICCs/ IPs to preserve develop ir cultures, traditions institutions. It shall consider se rights in formulation national laws policies; 2 d) The State shall guarantee that members ICCs/IPs regardless sex, shall equally enjoy full measure Human rights freedoms without distinction or discrimination; e) The State shall take measures, with participation ICCs/ IPs concerned, to protect

2 ir rights guarantee respect for ir cultural integrity, to ensure that members ICCs/IPs benefit on an equal footing from rights opportunities which national laws regulations grant to or members population; f) The State recognizes its obligations to respond to strong expression ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in direction education, health, as well as or services ICCs/lPs, in order to render such services more responsive to needs desires se communities. Towards se ends, State shall institute establish necessary mechanisms to enforce guarantee realization se rights, taking into consideration ir customs, traditions, values, beliefs interests institutions, to adopt implement measures to protect ir rights to ir ancestral domains. CHAPTER II DEFINITION OF TERMS SEC. 3. Definition Terms. - For purposes this Act, following terms shall mean: a) Ancestral Domains - Subject to Section 56 here, refer to all areas generally belonging to ICCs/IPs comprising ls, inl waters, coastal areas, natural resources rein, held under a claim ownership, occupied or possessed by ICCs/IPs, by mselves or through ir ancestors, communally or individually since time immemorial, continuously to present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence government projects or any or voluntary dealings entered into by government private individuals/corporations, which are necessary to ensure ir economic, social cultural welfare. It shall include ancestral ls, forests, pasture, residential, agricultural, or ls individually owned wher alienable disposable or orwise, hunting grounds, burial grounds, worship areas, bodies water, mineral or natural resources, ls which may no longer be exclusively occupied by ICCs/IPs but from which y traditionally had access to for ir subsistence traditional activities, particularly home ranges ICCs/IPs who are still nomadic /or shifting cultivators; b) Ancestral Ls - Subject to Section 56 here, refers to l occupied, possessed utilized by individuals, families clans who are members ICCs/IPs since time immemorial, by mselves or through ir predecessors-in-interest, under claims

3 individual or traditional group ownership, continuously, to present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence government projects or voluntary dealings entered into by government private individuals/corporations including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms tree lots; 3 c) Certificate Ancestral Domain Title - refers to a title formally recognizing rights possession ownership ICCs/IPs over ir ancestral domains identified delineated in accordance with this law; d) Certificate Ancestral Ls Title - refers to a title formally recognizing rights ICCs/IPs over ir ancestral ls; e) Communal Claims - refer to claims on l, resources rights reon; belonging to whole community within a defined territory; f) Customary Laws - refer to a body written /or unwritten rules, usages, customs practices traditionally continually recognized, accepted observed by respective ICCs/IPs; g) Free Prior Informed Consent - as used in this Act shall mean consensus all members ICCs/IPs to be determined in accordance with ir respective customary laws practices, free from any external manipulation, interference coercion, obtained after fully disclosing intent scope activity, in a language process understable to community; h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group people or homogenous societies identified by self-ascription ascription by ors, who have continuously lived as organized community on communally bounded defined territory, who have, under claims ownership since time immemorial, occupied, possessed utilized such territories, sharing common bonds language, customs, traditions or distinctive cultural traits, or who have, through resistance to political, social cultural inroads colonization, non-indigenous religions cultures, became historically differentiated from majority Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account ir descent from populations which inhabited country, at time conquest or colonization, or at time inroads nonindigenous religions cultures, or establishment present state boundaries, who retain some or all ir own social, economic, cultural political institutions, but who may have been displaced from ir traditional domains or who may have resettled outside ir ancestral

4 domains; i) Indigenous Political Structures - refer to organizational cultural leadership systems, institutions, relationships, patterns processes for decision-making participation, identified by ICCs/IPs such as, but not limited to, Council Elders, Council Timuays, Bodong Holders, or any or tribunal or body similar nature; j) Individual Claims - refer to claims on l rights reon which have been devolved to individuals, families clans including, but not limited to, residential lots, rice terraces or paddies tree lots; k) National Commission on Indigenous Peoples (NCIP) - refers to fice created under his Act, which shall be under Office President, which shall be primary government agency responsible for formulation implementation policies, plans programs to recognize, protect promote rights ICCs/IPs; 4 l) Native Title - refers to pre-conquest rights to ls domains which, as far back as memory reaches, have been held under a claim private ownership by ICCs/IPs, have never been public ls are thus indisputably presumed to have been held that way since before Spanish Conquest; m)nongovernment Organization - refers to a private, nonprit voluntary organization that has been organized primarily for delivery various services to ICCs/IPs has an established track record for effectiveness acceptability in community where it serves; n) People's Organization - refers to a private, nonprit voluntary organization members an ICC/IP which is accepted as representative such ICCs/IPs; o) Sustainable Traditional Resource Rights - refer to rights ICCs/IPs to sustainably use, manage, protect conserve a) l, air, water, minerals; b) plants, animals or organisms; c) collecting, fishing hunting grounds; d) sacred sites; e) or areas economic, ceremonial aestic value in accordance with ir indigenous knowledge, beliefs, systems practices; p) Time Immemorial - refers to a period time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in concept owner, utilized a defined territory devolved to m, by operation customary law or inherited from ir ancestors, in accordance with ir customs traditions. CHAPTER III

5 RIGHTS TO ANCESTRAL DOMAINS SEC. 4. Concept Ancestral Ls/Domains. - Ancestral ls/ domains shall include such concepts territories which cover not only physical environment but total environment including spiritual cultural bonds to areas which ICCs/IPs possess, occupy use to which y have claims ownership. SEC. 5. Indigenous Concept Ownership. - Indigenous concept ownership sustains view that ancestral domains all resources found rein shall serve as material bases ir cultural integrity. The indigenous concept ownership generally holds that ancestral domains are ICC's/IP's private but community property which belongs to all generations refore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights. SEC. 6. Composition Ancestral Ls/Domains. - Ancestral ls domains shall consist all areas generally belonging to ICCs/ IPs as referred under Sec. 3, items (a) (b) this Act. SEC. 7. Rights to Ancestral Domains. - The rights ownership possession ICCs/IPs to ir ancestral domains shall be recognized protected. Such rights shall include: a) Right Ownership - The right to claim ownership over ls, bodies water traditionally actually occupied by ICCs/IPs, sacred places, traditional hunting fishing grounds, all improvements made by m at any time within domains; 5 b)right to Develop Ls Natural Resources. - Subject to Section 56 here, right to develop, control use ls territories traditionally occupied, owned, or used; to manage conserve natural resources within territories uphold responsibilities for future generations; to benefit share prits from allocation utilization natural resources found rein; right to negotiate terms conditions for exploration natural resources in areas for purpose ensuring ecological, environmental protection conservation measures, pursuant to national customary laws; right to an informed intelligent participation in formulation implementation any project, government or private, that will affect or impact upon ancestral domains to receive just fair compensation for any damages which y may sustain as a result project; right to effective measures by government to prevent any interference with, alienation encroachment upon se rights; c) Right to Stay in Territories. - The right to stay in territory not to be removed

6 refrom. No ICCs/IPs will be relocated without ir free prior informed consent, nor through any means or than eminent domain. Where relocation is considered necessary as an exceptional measure, such relocation shall take place only with free prior informed consent ICCs/IPs concerned whenever possible, y shall be guaranteed right to return to ir ancestral domains, as soon as grounds for relocation cease to exist. When such return is not possible, as determined by agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with ls quality legal status at least equal to that l previously occupied by m, suitable to provide for ir present needs future development. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury; d) Right in Case Displacement. - In case displacement occurs as a result natural catastrophes, State shall endeavor to resettle displaced ICCs/IPs in suitable areas where y can have temporary life support systems: Provided, That displaced ICCs/IPs shall have right to return to ir aboned ls until such time that normalcy safety such ls shall be determined: Provided, furr, That should ir ancestral domain cease to exist normalcy safety previous settlements are not possible, displaced ICCs/IPs shall enjoy security tenure over ls to which y have been resettled: Provided furrmore, That basic services livelihood shall be provided to m to ensure that ir needs are adequately addressed; e) Right to Regulate Entry Migrants. - Right to regulate entry migrant settlers organizations into domains; f) Right to Safe Clean Air Water. - For this purpose, ICCs/IPs shall have access to integrated systems for management ir inl waters air space; g) Right to Claim Parts Reservations -The right to claim parts ancestral domains which have been reserved for various purposes, except those reserved intended for common public welfare service; h) Right to Resolve Conflict. - Right to resolve l conflicts in accordance with customary laws area where l is located, only in default re shall complaints be submitted to amicable settlement to Courts Justice whenever necessary. 6 SEC. 8. Rights to Ancestral Ls. - The right ownership possession ICCs /IPs to ir ancestral ls shall be recognized protected.

7 a) Right to transfer l/property. - Such right shall include right to transfer l or property rights to/among members same ICCs/IPs, subject to customary laws traditions community concerned. b) Right to Redemption. - In cases where it is shown that transfer l/property rights by virtue any agreement or devise, to a nonmember concerned ICCs/IPs is tainted by vitiated consent ICCs/IPs, or is transferred for an unconscionable consideration or price, transferor ICC/IP shall have right to redeem same within a period not exceeding fifteen (15) years from date transfer. SEC. 9. Responsibilities ICCs/IPs to ir`4ncestral Domains. -ICCs/IPs occupying a duly certified ancestral domain shall have following responsibilities: a) Maintain Ecological Balance. - To preserve, restore, maintain a balanced ecology in ancestral domain by protecting flora fauna, watershed areas, or reserves; b) Restore Denuded Areas. - To actively initiate, undertake participate in reforestation denuded areas or development programs projects subject to just reasonable remuneration; c) Observe Laws. - To observe comply with provisions this Act rules regulations for its effective implementation. SEC. 10. Unauthorized Unlawful Intrusion. - Unauthorized end unlawful intrusion upon, or use any portion ancestral domain, or any violation rights herein before enumerated, shall be punishable under this law. Furrmore, Government shall take measures to prevent non-iccs/ips from taking advantage ICCs/IPs customs or lack understing laws to secure ownership, possession l belonging to said ICCs/IPs. SEC. 11. Recognition Ancestral Domain Rights. - The rights ICCs/IPs to ir ancestral domains by virtue Native Title shall be recognized respected. Formal recognition, when solicited by ICCs/ IPs concerned, shall be embodied in a Certificate Ancestral Domain Title (CADT), which shall recognize title concerned ICCs/IPs over territories identified delineated. SEC. 12. Option to Secure Certificate Title Under Commonwealth Act 141, as amended, or L Registration Act Individual members cultural communities, with respect to ir individually-owned ancestral ls who, by mselves or through ir predecessors-in-interest, have been in continuous possession occupation same in

8 concept owner since time immemorial or for a period not less than thirty (30) years immediately preceding approval this Act uncontested by members same ICCs/ IPs shall have option to secure title to ir ancestral ls under provisions Commonwealth Act 141, as amended, or L Registration Act For this purpose, said individually-owned ancestral ls, which are agricultural in character actually used for agricultural, residential, pasture, tree farming purposes, including those with a slope eighteen percent (18%) or more, are hereby classified as alienable disposable agricultural ls. The option granted under this section shall be exercised within twenty (20) years from approval this Act. CHAPTER IV RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT SEC. 13. Self-Governance. - The State recognizes inherent right ICCs/IPs to self-governance self-determination respects integrity ir values, practices institutions. Consequently, State shall guarantee right ICCs/IPs to freely pursue ir economic, social cultural development. SEC. 14. Support for Autonomous Regions. - The State shall continue to strengn support autonomous regions created under Constitution as y may require or need. The State shall likewise encourage or ICCs/IPs not included or outside Muslim Mindanao Cordilleras to use form content ir ways life as may be compatible with fundamental rights defined in Constitution Republic Philippines or internationally recognized human rights. SEC. 15. Justice System, Conflict Resolution Institutions, Peace Building Processes. - The ICCs/IPs shall have right to use ir own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms or customary laws practices within ir respective communities as may be compatible with national legal system with internationally recognized human rights. SEC. 16. Right to Participate in Decision-Making - ICCs/IPs have right to participate fully, if y so choose, at all levels decision making in matters which may affect ir rights, lives destinies through procedures determined by m as well as to maintain develop ir own indigenous political structures. Consequently, State shall ensure that

9 ICCs/IPs shall be given matory representation in policy-making bodies or local legislative councils. SEC. 17. Right to Determine Decide Priorities for Development. - The ICCs/IPs shall have right to determine decide ir own priorities for development affecting ir lives, beliefs, institutions, spiritual well-being, ls y own, occupy or use. They shall participate in formulation, implementation evaluation policies, plans programs for national, regional local development which may directly affect m. SEC. 18. Tribal Barangays. - The ICCs/IPs living in contiguous areas or communities where y form predominant population but which are located in municipalities, provinces or cities where y do not constitute majority population, may form or constitute a separate barangay in accordance with Local Government Code on creation tribal barangays. 8 SEC. 19. Role Peoples Organizations. - The State shall recognize respect role independent ICCs/IPs organizations to enable ICCs/IPs to pursue protect ir legitimate collective interests aspirations through peaceful lawful means. SEC. 20. Means for Development/Empowerment ICCs/lPs. - The Government shall establish means for full development/ empowerment ICCs/IPs own institutions initiatives, where necessary, provide resources needed refor. CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS SEC. 21. Equal Protection Non-discrimination ICCs/lPs. -Consistent with equal protection clause Constitution Republic Philippines, Charter United Nations, Universal Declaration Human Rights including Convention on Elimination Discrimination Against Women International Human Rights Law, State shall, with due recognition ir distinct characteristics identity accord to members ICCs/IPs rights, protections privileges enjoyed by rest citizenry. It shall extend to m same employment rights, opportunities, basic services, educational or rights privileges available to every member society. Accordingly, State shall likewise ensure that employment any form force or coercion against ICCs/IPs shall be dealt with by law. The State shall ensure that fundamental human rights freedoms as enshrined in Constitution relevant international instruments are guaranteed also to indigenous women. Towards this end, no provision in this Act shall be interpreted so as to result in

10 diminution rights privileges already recognized accorded to women under existing laws general application. SEC. 22. Rights during Armed Conflict. - ICCs/IPs have right to special protection security in periods armed conflict. The State shall observe international stards, in particular Fourth Geneva Convention 1949, for protection civilian populations in circumstances emergency armed conflict, shall not recruit members ICCs/IPs against ir will into armed forces, in particular, for use against or ICCs/IPs; nor recruit children ICCs/ IPs into armed forces under any circumstance; nor force indigenous individuals to abon ir ls, territories means subsistence, or relocate m in special centers for military purposes under any discriminatory condition. SEC. 23. Freedom from Discrimination Right to Equal Opportunity Treatment. - It shall be right ICCs/IPs to be free from any form discrimination, with respect to recruitment conditions employment, such that y may enjoy equal opportunities for admission to employment, medical social assistance, safety as well as or occupationally -related benefits, informed ir rights under existing labor legislation means available to m for redress, not subject to any coercive recruitment systems, including bonded labor or forms debt servitude; equal treatment in employment for men women, including protection from sexual harassment. Towards this end, State shall, within framework national laws regulations, in cooperation with ICCs/IPs concerned, adopt special measures to ensure effective protection with regard to recruitment conditions employment persons belonging 9 to se communities, to extent that y are not effectively protected by laws applicable to workers in general. ICCs/IPs shall have right to association freedom for all trade union activities right to conclude collective bargaining agreements with employers' organizations. They shall likewise have right not to be subject to working conditions hazardous to ir health, particularly through exposure to pesticides or toxic substances. SEC. 24. Unlawful Acts Pertaining to Employment. - It shall be unlawful for any person: a) To discriminate against any ICC/IP with respect to terms conditions employment on account ir descent. Equal remuneration shall be paid to ICC/IP

11 non-icc/ip for work equal value; b) To deny any ICC/IP employee any right or benefit herein provided for or to discharge m for purpose preventing m from enjoying any rights or benefits provided under this Act. SEC. 25. Basic Services. - The ICCs/IPs have right to special measures for immediate, effective continuing improvement ir economic social conditions, including in areas employment, vocational training retraining, housing, sanitation, health social security. Particular attention shall be paid to rights special needs indigenous women, elderly, youth, children differently-abled persons. Accordingly, State shall guarantee right ICCs/IPs to government's basic services which shall include, but not limited to, water electrical facilities, education, health infrastructure. SEC. 26. Women. - ICC/IP women shall enjoy equal rights opportunities with men, as regards social, economic, political cultural spheres life. The participation indigenous women in He decision-making process in all levels, as well as in development society, shall be given due respect recognition. The State shall provide full access to education, maternal child care, health nutrition, housing services to indigenous women. Vocational, technical, pressional or forms training shall be provided to enable se women to fully participate in all aspects social life. As far as possible, State shall ensure that indigenous women have access to all services in ir own languages. SEC. 27. Children Youth. - The State shall recognize vital role children youth ICCs/IPs in nation-building shall promote protect ir physical, moral, spiritual, intellectual end social well-being. Towards this end, State shall support all government programs intended for development rearing children youth ICCs/IPs for civic efficiency establish such mechanisms as may be necessary for protection rights indigenous children youth. SEC. 28. Integrated System Education. - The State shall, through NCIP, provide a complete, adequate integrated system education, relevant to needs children young people ICCs/ IPs. 10 CHAPTER VI CULTURAL INTEGRITY

12 SEC. 29. Protection Indigenous Culture, Traditions Institutions. - The State shall respect, recognize protect right ICCs/IPs to preserve protect ir culture, traditions institutions. It shall consider se rights in formulation application national plans policies. SEC. 30. Educational Systems. - The State shall provide equal access to various cultural opportunities to ICCs/IPs through educational system, public or private cultural entities, scholarships, grants or incentives without prejudice to ir right to establish control ir educational systems institutions by providing education in ir own language, in a manner appropriate to ir cultural methods teaching learning. Indigenous children/youth shall have right to all levels forms education State. SEC. 31. Recognition Cultural Diversity. - The State shall endeavor to have dignity diversity cultures, traditions, histories aspirations ICCs/IPs appropriately reflected in all forms education, public information culturaleducational exchange. Consequently, State shall take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice discrimination to promote tolerance, understing good relations among ICCs/IPs all segments society. Furrmore, Government shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. The State shall likewise ensure participation appropriate indigenous leaders in schools, communities international cooperative undertakings like festivals, conferences, seminars workshops to promote enhance ir distinctive heritage values. SEC. 32. Community Intellectual Rights. - ICCs/IPs have right to practice revitalize ir own cultural traditions customs. The State shall presence, protect develop past, present future manifestations ir cultures as well as right to restitution cultural, intellectual religious, spiritual property taken without ir free prior informed consent or in violation ir laws, traditions customs. SEC. 33. Rights to Religious, Cultural Sites Ceremonies. -ICCs/IPs shall have right to manifest, practice, develop teach ir spiritual religious traditions, customs ceremonies; right to maintain, protect have access to ir religious cultural sites; right to use control ceremonial objects;, right to repatriation human remains. Accordingly, State shall take effective measures, in cooperation with

13 ICCs/IPs concerned to ensure that indigenous sacred places, including burial sites, be preserved, respected protected. To achieve this purpose, it shall be unlawful to: a) Explore, excavate or make diggings on archeological sites ICCs/IPs for purpose obtaining materials cultural values without free prior informed consent community concerned; b) Deface, remove or orwise destroy artifacts which are great importance to ICCs/IPs for preservation ir cultural heritage. 11 SEC. 34. Right to Indigenous Knowledge Systems Practices to Develop own Sciences Technologies. - ICCs/IPs are entitled to recognition full ownership control end protection ir cultural intellectual rights. They shall have right to special measures to control, develop protect ir sciences, technologies cultural manifestations, including human or genetic resources, seeds, including derivatives se resources, traditional medicines hearth practices, vital medicinal plants, animals minerals, indigenous knowledge systems practices, knowledge properties fauna flora, oral traditions, literature, designs, visual performing arts. SEC. 35. Access to Biological Genetic Resources. - Access to biological genetic resources to indigenous knowledge related to conservation, utilization enhancement se resources, shall be allowed within ancestral ls domains ICCs/IPs only with a free prior informed consent such communities, obtained in accordance with customary laws concerned community. SEC. 36. Sustainable Agro-Technical Development. - The State shall recognize right ICCs/IPs to a sustainable agro-technological development shall formulate implement programs action for its effective implementation. The State shall likewise promote big-genetic resource management systems among ICCs/IPs shall encourage cooperation among government agencies to ensure successful sustainable development ICCs/IPs. SEC. 37. Funds for Archeological Historical Sites. - The ICCs/ IPs shall have right to receive from national government all funds especially earmarked or allocated for management preservation ir archeological historical sites artifacts with financial technical support national government agencies. CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) SEC. 38. National Commission on Indigenous Cultural Communities/lndigenous Peoples (NCIP). - To carry out policies herein set forth, re shall be created National

14 Commission on ICCs/ IPs (NCIP), which shall be primary government agency responsible for formulation implementation policies, plans programs to promote protect rights well-being ICCs/IPs recognition ir ancestral domains as well as ir rights reto. SEC. 39. Mate. - The NCIP shall protect promote interest well-being ICCs/IPs with due regard to ir beliefs, customs, traditions institutions. SEC. 40. Composition. - The NCIP shall be an independent agency under Office President shall be composed seven (7) Commissioners belonging to ICCs/IPs, one (1) whom shall be Chairperson. The Commissioners shall be appointed by President Philippines from a list recommenders submitted by auntic ICCs/ IPs: Provided, That seven (7) Commissioners shall be appointed specifically from each following ethnographic areas: Region I Cordilleras, Region II, rest Luzon, Isl Groups including Mindoro, Palawan, Romblon, Panay rest Visayas; Norrn 12 Western Mindanao; Sourn Eastern Mindanao; Central Mindanao: Provided, That at least two (2) seven(7) Commissioners shall be women. SEC. 41. Qualifications, Tenure, Compensation. - The Chairperson six (6) Commissioners must tee natural born Filipino citizens, bonafide members ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs who have worked for at least ten (10) years with an ICC/IP community /or any government agency involved in ICC/IP, at least 35 years age at time appointment, must be proven honesty integrity: Provided, That at least two (2) seven (7) Commissioners shall be members Philippine Bar: Provided, farr, members NCIP shall hold fice for a period three (3) years, may be subject to re-appointment for anor term: Provided, furrmore, That no person shall serve for more than two (2) terms. Appointment to any vacancy shall only be for unexpired term predecessor in no case shall a member be appointed or designated in a temporary or acting capacity: Provided, finally, That Chairperson Commissioners shall be entitled to compensation m accordance with Salary Stardization Law. SEC. 42. Removal from fice. - Any member NCIP may be removed from fice by President, on his own initiative or upon recommendation by any indigenous community,

15 before expiration his term for cause after complying with due process requirement law. SEC. 43. Appointment Commissioners. - The President shall appoint seven (7) Commissioners NCIP within ninety (90) days from effectivity this Act. SEC. 44. Powers Functions. - To accomplish its mate, NCIP shall have following powers, jurisdiction function: a) To serve as primary government agency through which ICCs/IPs can seek government assistance as medium, through which such assistance may be extended; b) To review assess conditions ICCs/IPs including existing laws policies pertinent reto to propose relevant laws policies to address ir role in national development; c) To formulate implement policies, plans, programs projects for economic, social cultural development ICCs/IPs to monitor implementation re; d) To request engage services support experts from or agencies government or employ private experts consultants as may be required in pursuit its objectives; e) To issue certificate ancestral l/domain title; f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to attain objectives this Act, subject to approval President, to obtain loans from government lending institutions or lending institutions to finance its programs; 13 g)to negotiate for funds to accept grants, donations, gifts /or properties in whatever form from whatever source, local international, subject to approval President Philippines, for benefit ICCs/IPs administer same in accordance with terms re; or in absence any condition, in such manner consistent with interest ICCs/IPs as well as existing laws; h) To coordinate development programs projects for advancement ICCs/IPs to oversee proper implementation re; i) To convene periodic conventions or assemblies IPs to review, assess as well as propose policies or plans; j) To advise President Philippines on all matters relating to ICCs/IPs to submit within sixty (60) days after close each calendar year, a report its operations achievements; k) To submit to Congress appropriate legislative proposals intended to carry out policies under this Act;

16 1) To prepare submit appropriate budget to Office President; m)to issue appropriate certification as a pre-condition to grant permit, lease, grant, or any or similar authority for disposition, utilization, management appropriation by any private individual, corporate entity or any government agency, corporation or subdivision re on any part or portion ancestral domain taking into consideration consensus approval ICCs/IPs concerned; n) To decide all appeals from decisions acts all various fices within Commission; o) To promulgate necessary rules regulations for implementation this Act; p) To exercise such or powers functions as may be directed by President Republic Philippines; q) To represent Philippine ICCs/IPs in all international conferences conventions dealing with indigenous peoples or related concerns. SEC. 45. Accessibility Transparency. - Subject to such limitations as may be provided by law or by rules regulations promulgated pursuant reto, all ficial records, documents papers pertaining to ficial acts, transactions or decisions, as well as research data used as basis for policy development Commission shall be made accessible to public. SEC. 46. Offices within NCIP. - The NCIP shall have following fices which shall be responsible for implementation policies hereinafter provided: a) Ancestral Domains Office - The Ancestral Domain Office shall be responsible for identification, delineation recognition ancestral ls/domains. It shall also be responsible for management ancestral ls/domains in accordance with a master plan as well as implementation ancestral domain rights ICCs/IPs as provided in 14 Chapter III this Act. It shall also issue, upon free prior informed consent ICCs/IPs concerned, certification prior to grant any license, lease or permit for exploitation natural resources affecting interests ICCs/IPs or ir ancestral domains to assist ICCs/IPs in protecting territorial integrity all ancestral domains. It shall likewise perform such or functions as Commission may deem appropriate necessary; b) Office on Policy, Planning Research - The Of lice on Policy, Planning Research shall be responsible for formulation appropriate policies programs for ICCs/IPs such as, but not limited to, development a Five-Year Master Plan for lccs/ips.

17 Such plan shall undergo a process such that every five years, Commission shall endeavor to assess plan make ramifications in accordance with changing situations. The Office shall also undertake documentation customary law shall establish maintain a Research Center that would serve as a depository ethnographic information for monitoring, evaluation policy formulation. It shall assist legislative branch national government in formulation appropriate legislation benefiting ICCs/IPs; c) Office Education, Culture Health - The Office on Culture, Education Health shall be responsible for effective implementation education, cultural rented rights as provided in this Act. It shall assist, promote support community schools, both formal non-formal, for benefit local indigenous community, especially in areas where existing educational facilities are not accessible to members indigenous group. It shall administer all scholarship programs or educational rights intended for ICC/IP beneficiaries in coordination with Department Education, Culture Sports Commission on Higher Education. It shall undertake, within limits available appropriation, a special program which includes language vocational training, public health family assistance program rented subjects. It shall also identify ICCs/IPs with potential training in health pression encourage assist m to enroll in schools medicine, nursing, physical rapy or allied courses pertaining to health pression. Towards this end, NCIP shall deploy a representative in each said fices personally perform foregoing task who shall receive complaints from ICCs/IPs compel action from appropriate agency. It shall also monitor activities National Museum or similar government agencies generally intended to manage presence historical archeological artifacts ICCs/IPs shall be responsible for implementation such or functions as NCIP may deem appropriate necessary; d) Office on Socio-Economic Services Special Concerns. - The Office on Socio-Economic Services Special Concerns shall serve as Office through which NCIP shall coordinate with pertinent government agencies specially charged with implementation various basic socio-economic services, policies, plans programs affecting ICCs/IPs to ensure that same are properly directly enjoyed by m. It shall also be responsible for such or functions as NCIP may deem appropriate

18 necessary; e) Office Empowerment Human Rights - The Office Empowerment Human Rights shall ensure that indigenous sociopolitical, cultural economic rights are respected 15 recognized. It shall ensure that capacity building mechanisms are instituted ICCs/IPs are afforded every opportunity, if y so choose, to participate in all levels decision-making. It shall likewise ensure that basic human rights, such or rights as NCIP may determine, subject to existing laws, rules regulations, are protected promoted; f) Administrative Office - The Administrative Office shall provide NCIP with economical, efficient effective services pertaining to personnel, finance, records, equipment, security, supplies related services. It shall also administer Ancestral Domains Fund; g) Legal Affairs Office- There shall be a Legal Affairs Office which shall advice NCIP on all legal matters concerning ICCs/IPs which shall be responsible for providing ICCs/IPs with legal assistance in litigation involving community interest. It shall conduct preliminary investigation on basis complaints filed by ICCs/IPs against a natural or juridical person believed to have violated ICCs/UPs rights. On basis its findings, it shall initiate filing appropriate legal or administrative action to NCIP. SEC. 47. Or Offices. - The NCIP shall have power to create additional fices it may deem necessary subject to existing rules regulations. SEC. 48. Regional Field Offices. - Existing regional field fices shall remain to function under strengned organizational structure NCIP. Or field fices shall be created wherever appropriate staffing pattern re shall be determined by NCIP: Provided, That in provinces where re are ICCs/IPs but without field fices, NCIP shall establish field fices in said provinces. SEC. 49. (fice Executive Director. - The NCIP shall create Office Executive Director which shall serve as its secretariat. The fice shall be headed by an Executive Director who shall be appointed by President Republic Philippines upon recommendation NCIP on a permanent basis. The staffing pattern fice shall be determined by NCIP subject to existing rules regulations. SEC. 50. Consultative Body. - A body consisting traditional leaders, elders representatives from women youth sectors different ICCs/IPs shall be

19 constituted by NCIP from time to time to advise it on matters relating to problems, aspirations interests ICCs/IPs. CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS SEC. 51. Delineation Recognition Ancestral Domains. -Self-delineation shall be guiding principle in identification delineation ancestral domains. As such, ICCs/IPs concerned shall have a decisive role in all activities pertinent reto. The Sworn Statement Elders as to scope territories agreements/ pacts made with neighboring ICCs/IPs, if any, will be essential to determination se traditional territories. The Government shall take necessary steps to identify ls which ICCs/IPs concerned traditionally occupy guarantee effective protection ir rights 16 ownership possession reto. Measures shall be taken in appropriate cases to safeguard right ICCs/IPs concerned to l which may no longer be exclusively occupied by m, but to which y have traditionally had access for ir subsistence traditional activities, particularly ICCs/IPs who are still nomadic /or shifting cultivators. SEC. 52. Delineation Process. - The identification delineation ancestral domains shall be done in accordance with following procedures: a) Ancestral Domains Delineated Prior to this Act.- The provisions hereunder shall not apply to ancestral domains/ls already delineated according to DENR Administrative Order No. 2, series 1993, nor to ancestral ls domains delineated under any or community/ ancestral domain program prior to enactment this law. ICCs/IPs whose ancestral ls/domains were ficially delineated prior to enactment this law shall have right to apply for issuance a Certificate Ancestral Domain Title (CADT) over area without going through process outlined hereunder; b) Petition for Delineation. - The process delineating a specific perimeter may be initiated by NCIP with consent ICC/IP concerned, or through a Petition for Delineation filed with NCIP, by a majority members ICCs/IPs; c) Delineation Proper. - The ficial delineation ancestral domain boundaries including census all community members rein, shall be immediately undertaken by Ancestral Domains Office upon filing application by ICCs/IPs concerned. Delineation will be

20 done in coordination with community concerned shall at all times include genuine involvement participation by members communities concerned; d) Pro Required. - Pro Ancestral Domain Claims shall include testimony elders or community under oath, or documents directly or indirectly attesting to possession or occupation area since time immemorial by such ICCs/IPs in concept owners which shall be any one ( I ) following auntic documents: 1) Written accounts ICCs/IPs customs traditions; 2) Written accounts ICCs/IPs political structure institution; 3) Pictures showing long term occupation such as those old improvements, burial grounds, sacred places old villages; 4) Historical accounts, including pacts agreements concerning boundaries entered into by ICCs/IPs concerned with or ICCs/lPs; 5) Survey plans sketch maps; 6) Anthropological data; 7) Genealogical surveys; 8) Pictures descriptive histories traditional communal forests hunting grounds; 9) Pictures descriptive histories traditional lmarks such as mountains, rivers, creeks, ridges, hills, terraces like; 10) Write-ups names places derived from native dialect community. e) Preparation Maps. - On basis such investigation findings fact based reon, Ancestral Domains Office shall prepare a perimeter map, complete with technical descriptions, a description natural features lmarks embraced rein; 17 f) Report Investigation Or Documents. - A complete copy preliminary census a report investigation, shall be prepared by Ancestral Domains Office NCIP; g) Notice Publication. - A copy each document, including a translation in native language ICCs/IPs concerned shall be posted in a prominent place rein for at least fifteen ( 15) days. A copy document shall also be posted at local, provincial regional fices NCIP, shall be published in a newspaper general circulation once a week for two (2) consecutive weeks to allow or claimants to file opposition reto within fifteen (15) days from date such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, furr, That mere posting shall be deemed sufficient if both newspaper radio station are not available;

21 h)endorsement to NCIP. - Within fifteen (15) days from publication, inspection process, Ancestral Domains Office shall prepare a report to NCIP endorsing a favorable action upon a claim that is deemed to have sufficient pro. However, if pro is deemed insufficient, Ancestral Domains Office shall require submission additional evidence: Provided, That Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection verification: Provided, furr, That in case rejection, Ancestral Domains Office shall give applicant due notice, copy furnished all concerned, containing grounds for denial. The denial shall be appealable to NCIP: Provided, furrmore, That in cases where re are conflicting claims among ICCs/IPs on boundaries ancestral domain claims, Ancestral Domains Office shall cause contending parties to meet assist m in coming up with a preliminary resolution conflict, without prejudice to its full adjudication according to section below. i) Turnover Areas Within Ancestral Domains Managed by Or Government Agencies. - The Chairperson NCIP shall certify Blat area covered is an ancestral domain. The secretaries Department Agrarian Reform, Department Environment Natural Resources, Department Interior Local Government, Department Justice, Commissioner National Development Corporation, any or government agency claiming jurisdiction over area shall be notified There. Such notification shall terminate any legal basis for jurisdiction previously claimed; j) Issuance CADT. - ICCs/IPs whose ancestral domains have been ficially delineated determined by NCIP shall be issued a CADT in name community concerned, containing a list all dose identified in census; k) Registration CADTs. - The NCIP shall register issued certificates ancestral domain titles certificates ancestral ls tides before She Register Deeds in place where property is situated. SEC. 53. Identification, Delineation Certification Ancestral a) The allocation ls within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to ICCs/IPs concerned to decide in accordance

22 with customs traditions; 18 b) Individual indigenous corporate claimants ancestral ls which are not within ancestral domains, may have ir claims ficially established by filing applications for identification delineation ir claims with Ancestral Domains Office. An individual or recognized head a family or clan may file such application in his behalf or in behalf his family or clan, respectively; c) Pros such claims shall accompany application form which shall include testimony under oath elders community or documents directly or indirectly attesting to possession or occupation areas since time immemorial by individual or corporate claimants in concept owners which shall be any auntic documents enumerated under Sec. 52 (d) this Act, including tax declarations pros payment taxes; d) The Ancestral Domains Office may require from each ancestral claimant submission such or documents, Sworn Statements like, which in its opinion, may shed light on veracity contents application/claim; e) Upon receipt applications for delineation recognition ancestral l claims, Ancestral Domains Office shall cause publication application a copy each document submitted including a translation in native language ICCs/IPs concerned in a prominent place rein for at least fifteen (15) days. A copy document shall also be posted at local, provincial, regional fices NCIP shall be published in a newspaper general circulation once a week for two (2) consecutive weeks to allow or claimants to file opposition reto within fifteen (15) days from date such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, furr, That mere posting shall be deemed sufficient if both newspapers radio station are not available; f) Fifteen (15) days after such publication, Ancestral Domains Office shall investigate inspect each application, if found to be meritorious, shall cause a parcellary survey area being claimed. The Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection verification. In case rejection, Ancestral Domains Office shall give applicant due notice, copy furnished all concerned, containing grounds for denial. The denial shall be appealable to NCIP. In case

23 conflicting claims among individual or indigenous corporate claimants, Ancestral Domains Office shall cause contending parties to meet assist m in coming up with a preliminary resolution conflict, without prejudice to its full adjudication according to Sec. 62 this Act. In all proceedings for identification or delineation ancestral domains as herein provided, Director Ls shall represent interest Republic Philippines; g) The Ancestral Domains Office shall prepare submit a report on each every application surveyed delineated to NCIP, which shall, in turn, evaluate report submitted. If NCIP finds such claim meritorious, it shall issue a certificate ancestral l, declaring certifying claim each individual or corporate (family or clan) claimant over ancestral ls. 19 SEC. 54. Fraudulent Claims. - The Ancestral Domains Of lice may, upon written request from ICCs/lPs, review existing claims which have been fraudulently acquired by any person or community. Any claim found to be fraudulently acquired by, issued to, any person or community may be cancelled by NCIP after due notice hearing all parties concerned. SEC. 55. Communal Rights. - Subject to Section 56 here, areas within ancestral domains, wher delineated or not, shall be presumed to be communally held: Provided, That communal rights under this Act shall not be construed as co-ownership as provided in Republic Act. No. 386, orwise known as New Civil Code. SEC. 56. Existing Property Rights Regimes. - Property rights within ancestral domains already existing /or vested upon effectivity this Act, shall be recognized respected. SEC. 57. Natural Resources within Ancestral Domains. - The ICCs/ IPs shall have priority rights in harvesting, extraction, development or exploitation any natural resources within ancestral domains. A non-member ICCs/IPs concerned may be allowed to take part in development utilization natural resources for a period not exceeding twenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That a formal written agreement is entered into with ICCs/IPs concerned or that community, pursuant to its own decision making process, has agreed to allow such operation: Provided, finally, That NCIP may exercise visitorial powers take appropriate action to safeguard rights ICCs/IPs under same contract. SEC. 58. Environmental Considerations. - Ancestral domains or portions re, which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness,