LECTURE NOTES ON ENVIRONMENTAL LAWS AND PROTECTION

WITH INTRODUCTION TO CYBER CRIME

For the exclusive use of Hercor College College of Criminal Justice Education Students who are taking up the subject
Environmental Laws and protection with introduction to Cyber Crime.
Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full extent of the law

Environment – the external conditions, resources, stimuli, etc., with which an organism
interacts or the totality of circumstances surrounding an organism or group of organisms,
especially the combination of external physical conditions that affect and influence the
growth, development and survival of organisms.

Environmental Justice – means the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to the development,
implementation and enforcement of environmental laws, regulations and policies.

Ecosystem - it is a community or group of living organisms that live in and interact with each
other in a specific environment.

Biodiversity - refers to all species and living things on Earth or in a specific ecosystem

Constitutional Provisions Pertaining to Environment

ARTICLE I, NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines .

ARTICLE II, DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.

ARTICLE XII, NATIONAL ECONOMY AND PATRIMONY

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and supervision of the State.

 Regalian Doctrine is enshrined in Art XII, Section 2 of the 1987 Constitution which
provides that all lands of the public domain, including its natural resources, belong to
the state. All lands not appearing to be of public domain presumptively belongs to the
State.

Republic vs. Sps. Benigno, GR No 205492 (March 11, 2015)

 The Regalian Doctrine dictates that “all lands not appearing to be clearly of private
dominion presumably belong to to the State. Unless public land is shown to have been
 reclassified or alienated to a private person by the State, it remains part of the inalienable
public domain. Indeed, occupation thereof in the concept of owner, no matter how long,
cannot ripen into ownership and be registered as a title.”

Branches of our Government and its Basic Functions

The Philippines system of government, established by the Constitution, provides for three
separate but equal branches of government, namely:
1. Executive 3. Judiciary
2. Legislative

The Executive Branch

 The President (Malacañang Palace)
 May Suggest Legislation to Congress
 Appoints Cabinet & Agency Executives,
 Overseas Agencies and Departments
 Issues Executive Orders
 Promulgates Regulations
 Enforces Regulations
 Appoints Judiciary
 Approves and Manages Budget

The Legislative Branch

 Develops and Passes Legislation
 Appropriates & Authorizes Budgets
 Reauthorizes and Amends Legislation
 Senate Confirms or Denies Judicial, Key Administration and Ambassadorial Appointments

The Judiciary Branch

 Hear Appeals on Contested Regulations
 Interprets Text of Law
 Constitutionality of the Law
 Can Declare Regulations Invalid Based on Case Law
 Can Remand Rules
 Can Vacate Rule

THE SEVEN ENVIRONMENTAL PRINCIPLES

1. All forms of life are important – all living organisms were created by God to serve a
purpose.
2. Nature Knows Best (Balance of nature) – in the environment, there are natural
processes or cycles that maintain ecological balance, thus, any disruption in these
processes affects the environment.
3. Everything is connected to everything else (interdependence) – living and non-
living things interact such as interaction between nonliving factors, between living
factors and between living and non-living factors.
4. Everything Changes – since the earth began, it has been undergoing change.
5. Everything must go somewhere (pollution) - there is always a “sink” for
everything. When a piece of paper is thrown away, it disappears from sight but it does
not cease to exist. It ends up elsewhere. Gases released from smokestacks may
disperse but will end up as a component of the atmosphere or brought down by rains.
 6. Ours is a Finite World (finiteness of resources) - our ancestors studied the
environment and cooperated with it in order to survive. Today, we have to re-establish
that attachment to the Earth as a closed system which means that all matter essential
to life come from within it and must be recycled over and over for life to continue.
7. Nature is beautiful and we and stewards of God’s creation (stewardship) - among
all creatures, humans are the only ones made in God’s image and has been given the
right to have dominion over all His creation. Being the most intelligent and gifted
with reason, humans are capable of manipulating creation to their own advantage. Yet
creation exists not to be ravaged or abused but to be taken care of. Humans cannot
exist without nature.

SEVEN ENVIRONMENTAL SINS

1. Air pollution
2. Waste
3. Food Consumption
4. Development
5. Resources
6. Water use
7. Over population

Structural Overview of Environmental Law

Environmental Law vs International Environmental

Law
Environmental Laws
- Body of laws and treaties that broadly define what is acceptable environmental
behavior.
- Is a collective term encompassing aspects of the law that provide protection to the
environment.
 These laws are important because without these laws, there would be no
regulations concerning pollution, contamination, hunting or even response to
disasters. It works to protect land, water, air and soil and without theses
environmental laws, the government would not be able to punish those who treat
the environment poorly.

International Environmental Law

- The body of legal rules, norms, and standards that define an acceptable environmental
behavior applied between sovereign states and other entities that are legally
recognized as international actors.

The Public Trust Doctrine

- It positions the government as a trustee of resources for the benefit of the general
public. It limits disposition of trust property and abdication of sovereignty over those
resources.

Types of Environmental Laws

1. Compliance – Clean Air Act, Ecological Solid Waste Management, EIA
2. Conservation – National Integrated Protection Area System (NIPAS) Act; Wildlife
Protection Act
 3. Cleanup – Clean Air Act; Ecological Solid Waste Mgt.
4. Pollution Prevention – Clean Air Act; Ecological Solid Waste Mgt.
5. Health and Safety – Clean Air Act
6. Administrative – Data Privacy Act

Sources of Environmental Law

1. Legislation (state/country, local)
2. Regulations (state/country, local)
3. Court decisions (interpreting statutes and regulations)
4. Common law
5. Constitutions (Republic of the Philippines)
6. International treaties
7. Foreign regulations

Targets of Environmental Laws

Who or what gets regulated?
1. Products
2. Pollutants
3. Industrial Facilities
4. Government Agencies
5. Individuals
6. Land uses

SOME ENVIRONMENTAL LAWS IN THE PHILIPPINES

Presidential Decree No. 705 – Revised Forestry Code of the Philippines.

 This law places emphasis not only on the utilization of forest resources but more so
on the protection, rehabilitation and development of forest lands, in order to ensure the
continuity of their production.

Republic Act No. 6969 – An Act to Control Toxic Substances and Hazardous and Nuclear
Wastes, Providing Penalties For Violations Thereof, and for other Purposes.
 It stated that it is the policy of the state to regulate, restrict, or prohibit the
importation, manufacture, processing, sale, distribution, use, and disposal of chemical
substances and mixtures that present unreasonable risk and/or injury to health or the
environment. To prohibit the entry, even in transit, of hazardous and nuclear wastes and their
territorial limits for whatever purpose; and to provide advancement and facilitate research and
studies on toxic chemicals.

Republic Act No. 8749 - Philippine Clean Air Act of 1999

 This act stated that the state shall protect and advance the right of the people to
balanced and healthful ecology in accord with the rhythm and harmony of nature, promote
and protect the global environment to attain sustainable development while recognizing the
primary responsibility of local government units to deal with environmental problems.
 To recognizes that the responsibility of cleaning the habitat and environment is
primarily area-based. Finally, the state recognizes that a clean and healthy environment is
good of all should, therefore, be the concern all.
Republic Act No. 9003 - Ecological Solid Waste Management Act of 2000
 This describes solid waste management as a discipline associated with the control of
generation, storage, collection, transfer and transport, processing, and disposal of solid
wastes. This manner by which these activities are conducted shall be in accord with the best
principles of public health, economics, engineering, conservation, aesthetics, other
environmental considerations, and public attitudes.
 This act provides for a comprehensive ecological solid waste management program
by creating the necessary institutional mechanisms and incentives, appropriating funds,
declaring certain acts prohibited, and providing penalties.

Republic Act No. 9275 - Philippine Clean Water Act of 2004

 It stated that the state shall pursue a policy of economic growth in a manner
consistent with the protection, preservation and revival of the quality of our fresh, brackish
and marine waters.
 It shall be the state policy to streamline processes and procedures in the prevention,
control and abatement of pollution of the country’s water resources, promote environmental
strategies, use of appropriate economic instruments and of control mechanisms for the
protection of water resources, and provide for a comprehensive management program for
water pollution focusing on pollution prevention.

Republic Act No. 9147 - Wildlife Resources Conservation and Protection Act
 This law stated that it shall be the policy of the state to conserve the country’s
wildlife resources and their habitats for sustainability. This act shall have the following
objectives:
1. To conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity.
2. To regulate the collection and trade of wildlife, to pursue, with due regard to the
national interest.
3. Protection of wildlife and their habitats.
4. To initiate or support scientific studies on the conservation of biological diversity.

Republic Act No. 7942 - Philippine Mining Act of 1995

 It stated that all mineral resources in public and private lands within the territory and
exclusive economic zone of the Republic of the Philippines are owned by the state.
 The responsibility of the state is to promote their rational exploration, development,
utilization and conservation through the combined efforts of government and the private
sector in order to enhance growth in a way that effectively safeguards the environment and
protect the rights of affected communities

Republic Act No. 8550 – The Philippine Fisheries Code of 1998.

 This act provides for the development and conservation of the fisheries and aquatic
resources and integrating all laws pertinent thereto.

Republic Act No. 7586 – National Integrated Protected Areas System Act of 1992.

Republic Act No. 9275 – Philippine Clean Water Act of 2004.

 This act applies to water quality management in all water bodies but shall primarily
govern the abatement and control of pollution from land-based sources.
Republic Act No. 9003 – Ecological Solid Waste Management Act of 2000.
 This act was enacted to provide a systematic, comprehensive and ecological solid
waste management program.

International Union for the Conservation of Nature (IUCN) - is the global authority on
the status of the natural world and the measures needed to safeguard it. Its experts are
organized into six Commissions dedicated to species survival, environmental law, protected
areas, social and economic policy, ecosystem management, and education and
communication.
- is an international organization working in the field of nature conservation and
sustainable use of natural resources. It is involved in data gathering and analysis,
research, field projects, advocacy and education.

What is the main objective of IUCN?

- IUCN's mission is to influence, encourage and assist societies throughout the
world to conserve the integrity and diversity of nature and to ensure that any use of
natural resources is equitable and ecologically sustainable.

Is the Philippines a member of IUCN?

- Yes

Republic Act No. 7586

- an act providing for the establishment and management of national integrated
protected areas system, defining its scope and coverage, and for other purposes.
known and referred to as the “National Integrated Protected Areas System Act of
1992”.

Protected Area
- Is an identified portion of land and water set aside by reason of their unique physical
and biological significance, managed to enhance biological diversity, and protected
against destructive human exploitation.

Categories of Protected Areas

a. Strict nature reserve - is an area possessing some outstanding ecosystem, features and/or
species of flora and fauna of national scientific importance maintained to protect nature and
maintain processes in an undisturbed state in order to have ecologically representative
examples of the natural environment available for scientific study, environmental monitoring,
education, and for the maintenance of genetic resources in a dynamic and evolutionary state.

b. Natural park - is a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational and
recreational use.

c. Natural monument - is a relatively small area focused on protection of small features to

protect or preserve nationally significant natural features on account of their special interest
or unique characteristics.
d. Wildlife sanctuary - comprises an area which assures the natural conditions necessary to
protect nationally significant species, groups of species, biotic communities or physical
features of the environment where these may require specific human manipulations for their
perpetuation.

e. Protected landscapes and seascapes - are areas of national significance which are
characterized by the harmonious interaction of man and land while providing opportunities
for public enjoyment through the recreation and tourism within the normal lifestyle and
economic activity of these areas.

f. Resource reserve - is an extensive and relatively isolated and uninhabited area normally
with difficult access designated as such to protect natural resources of the area for future use
and prevent or contain development activities that could affect the resource pending the
establishment of objectives which are based upon appropriate knowledge and planning.

g. Natural biotic areas - is an area set aside to allow the way of life of societies living in
harmony with the environment to adapt to modern technology at their pace.

h. Other categories established by law, conventions or international agreements which the

Philippine Government is a signatory.

Acts that are prohibited within protected areas:

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or

products derived therefrom without a permit from the Management Board;
b. Dumping of any waste products detrimental to the protected area, or to the plants
and animals or inhabitants therein;
c. Use of any motorized equipment without a permit from the Management Board;
d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to
cultural communities (of scenic value);
e. Damaging and leaving roads and trails in a damaged condition;
f. Squatting, mineral locating, or otherwise occupying any land;
g. Constructing or maintaining any kind of structure, fence or enclosures, conducting
any business enterprise without a permit;
h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.

Penalties for violation of R.A. 7586 (NIPAS Act of 1992)

– Whoever violates this Act or any rules and regulations issued by the Department
pursuant to this Act or whoever is found guilty by a competent court of justice of any of the
offenses in the preceding section shall be fined in the amount of not less than Five thousand
pesos (P5,000) nor more than Five hundred thousand pesos (P500,000), exclusive of the
value of the thing damaged or imprisonment for not less than one (1) year but not more than
six (6) years, or both, as determined by the court: Provided, that, if the area requires
rehabilitation or restoration as determined by the court, the offender shall be required to
restore or compensate for the restoration to the damages: Provided, further, that court shall
order the eviction of the offender from the land and the forfeiture in favor of the Government
of all minerals, timber or any species collected or removed including all equipment, devices
and firearms used in connection therewith, and any construction or improvement made
thereon by the offender. If the offender is an association or corporation, the president or
manager shall be directly responsible for the act of his employees and laborers: Provided,
finally, that the DENR may impose administrative fines and penalties consistent with this
Act.
Environmental Crime
Environmental crimes
- can be broadly defined as illegal acts which directly harm the environment. In the
Philippines, some examples of environmental crimes are illicit trafficking in wildlife,
illegal logging, and illegal, unregulated, and unreported fishing. These illegal
activities also involve the environment, wildlife, biodiversity and natural resources

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

PART I

RULE 1
GENERAL PROVISIONS

Section 1. Title. — These Rules shall be known as "The Rules of Procedure for
Environmental Cases."

Section 2. Scope. — These Rules shall govern the procedure in civil, criminal and special
civil actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts involving
enforcement or violations of environmental and other related laws, rules and regulations such
as but not limited to the following:

(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;

(b) P.D. No. 705, Revised Forestry Code;

(c) P.D. No. 856, Sanitation Code;

(d) P.D. No. 979, Marine Pollution Decree;

(e) P.D. No. 1067, Water Code;

(f) P.D. No. 1151, Philippine Environmental Policy of 1977;

(g) P.D. No. 1433, Plant Quarantine Law of 1978;

(h) P.D. No. 1586, Establishing an Environmental Impact Statement System Including
Other Environmental Management Related Measures and for Other Purposes;

(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted
or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along
Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground;
 (j) R.A. No. 4850, Laguna Lake Development Authority Act;

(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;

(l) R.A. No. 7076, People’s Small-Scale Mining Act;

(m) R.A. No. 7586, National Integrated Protected Areas System Act including all
laws, decrees, orders, proclamations and issuances establishing protected areas;

(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;

(o) R.A. No. 7942, Philippine Mining Act;

(p) R.A. No. 8371, Indigenous Peoples Rights Act;

(q) R.A. No. 8550, Philippine Fisheries Code;

(r) R.A. No. 8749, Clean Air Act;

(s) R.A. No. 9003, Ecological Solid Waste Management Act;

(t) R.A. No. 9072, National Caves and Cave Resource Management Act;

(u) R.A. No. 9147, Wildlife Conservation and Protection Act;

(v) R.A. No. 9175, Chainsaw Act;

(w) R.A. No. 9275, Clean Water Act;

(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and

(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive
Agrarian Reform Law of 1988; R.A. No. 7160, Local Government Code of 1991;
R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other
Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed Industry
Development Act of 1992; R.A. No. 7900, High-Value Crops Development

Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut Preservation
Act; R.A. No. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522,
The Philippine Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008;
R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to the
conservation, development, preservation, protection and utilization of the environment and
natural resources.

Section 3. Objectives. - The objectives of these Rules are:

(a) To protect and advance the constitutional right of the people to a balanced and
healthful ecology;
 (b) To provide a simplified, speedy and inexpensive procedure for the enforcement of
environmental rights and duties recognized under the Constitution, existing laws,
rules and regulations, and international agreements;

(c) To introduce and adopt innovations and best practices ensuring the effective
enforcement of remedies and redress for violation of environmental laws; and

(d) To enable the courts to monitor and exact compliance with orders and judgments
in environmental cases.

Section 4. Definition of Terms. -

(a) By-product or derivatives means any part taken or substance extracted from
wildlife, in raw or in processed form including stuffed animals and herbarium
specimens. 1avvphi1

(b) Consent decree refers to a judicially-approved settlement between concerned

parties based on public interest and public policy to protect and preserve the
environment.

(c) Continuing mandamus is a writ issued by a court in an environmental case

directing any agency or instrumentality of the government or officer thereof to
perform an act or series of acts decreed by final judgment which shall remain
effective until judgment is fully satisfied.

(d) Environmental protection order (EPO) refers to an order issued by the court
directing or enjoining any person or government agency to perform or desist from
performing an act in order to protect, preserve or rehabilitate the environment.

(e) Mineral refers to all naturally occurring inorganic substance in solid, gas, liquid, or
any intermediate state excluding energy materials such as coal, petroleum, natural gas,
radioactive materials and geothermal energy.

(f) Precautionary principle states that when human activities may lead to threats of
serious and irreversible damage to the environment that is scientifically plausible but
uncertain, actions shall be taken to avoid or diminish that threat.

(g) Strategic lawsuit against public participation (SLAPP) refers to an action whether
civil, criminal or administrative, brought against any person, institution or any
government agency or local government unit or its officials and employees, with the
intent to harass, vex, exert undue pressure or stifle any legal recourse that such
person, institution or government agency has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of environmental
rights.

(h) Wildlife means wild forms and varieties of flora and fauna, in all developmental
stages including those which are in captivity or are being bred or propagated.
 PART II
CIVIL PROCEDURE

RULE 2
PLEADINGS AND PARTIES

Section 1. Pleadings and motions allowed. — The pleadings and motions that may be filed
are complaint, answer which may include compulsory counterclaim and cross-claim, motion
for intervention, motion for discovery and motion for reconsideration of the judgment.

Motion for postponement, motion for new trial and petition for relief from judgment shall be
allowed in highly meritorious cases or to prevent a manifest miscarriage of justice.

Section 2. Prohibited pleadings or motions. — The following pleadings or motions shall not
be allowed:

(a) Motion to dismiss the complaint;

(b) Motion for a bill of particulars;

(c) Motion for extension of time to file pleadings, except to file answer, the extension
not to exceed fifteen (15) days;

(d) Motion to declare the defendant in default;

(e) Reply and rejoinder; and

(f) Third party complaint.

Section 3. Verified complaint. — The verified complaint shall contain the names of the
parties, their addresses, the cause of action and the reliefs prayed for.

The plaintiff shall attach to the verified complaint all evidence proving or supporting the
cause of action consisting of the affidavits of witnesses, documentary evidence and if
possible, object evidence. The affidavits shall be in question and answer form and shall
comply with the rules of admissibility of evidence.

The complaint shall state that it is an environmental case and the law involved. The complaint
shall also include a certification against forum shopping. If the complaint is not an
environmental complaint, the presiding judge shall refer it to the executive judge for re-raffle.

Section 4. Who may file. — Any real party in interest, including the government and juridical
entities authorized by law, may file a civil action involving the enforcement or violation of
any environmental law.

Section 5. Citizen suit. — Any Filipino citizen in representation of others, including minors
or generations yet unborn, may file an action to enforce rights or obligations under
environmental laws. Upon the filing of a citizen suit, the court shall issue an order which
shall contain a brief description of the cause of action and the reliefs prayed for, requiring all
interested parties to manifest their interest to intervene in the case within fifteen (15) days
from notice thereof. The plaintiff may publish the order once in a newspaper of a general
circulation in the Philippines or furnish all affected barangays copies of said order.

Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed by their
respective provisions.

Section 6. Service of the complaint on the government or its agencies. - Upon the filing of the
complaint, the plaintiff is required to furnish the government or the appropriate agency,
although not a party, a copy of the complaint. Proof of service upon the government or the
appropriate agency shall be attached to the complaint.

Section 7. Assignment by raffle. - If there is only one (1) designated branch in a multiple-sala
court, the executive judge shall immediately refer the case to said branch. If there are two (2)
or more designated branches, the executive judge shall conduct a special raffle on the day the
complaint is filed.

Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If it appears

from the verified complaint with a prayer for the issuance of an Environmental Protection
Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge of the multiple-sala court before raffle or
the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO
effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or
person enjoined. Within said period, the court where the case is assigned, shall conduct a
summary hearing to determine whether the TEPO may be extended until the termination of
the case.

The court where the case is assigned, shall periodically monitor the existence of acts that are
the subject matter of the TEPO even if issued by the executive judge, and may lift the same at
any time as circumstances may warrant.

The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.

Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to dissolve a
TEPO shall be supported by affidavits of the party or person enjoined which the applicant
may oppose, also by affidavits.

The TEPO may be dissolved if it appears after hearing that its issuance or continuance would
cause irreparable damage to the party or person enjoined while the applicant may be fully
compensated for such damages as he may suffer and subject to the posting of a sufficient
bond by the party or person enjoined.

Section 10. Prohibition against temporary restraining order (TRO) and preliminary
injunction. - Except the Supreme Court, no court can issue a TRO or writ of preliminary
injunction against lawful actions of government agencies that enforce environmental laws or
prevent violations thereof.

Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The judge shall report
any action taken on a TEPO, EPO, TRO or a preliminary injunction, including its
modification and dissolution, to the Supreme Court, through the Office of the Court
Administrator, within ten (10) days from the action taken.
Section 12. Payment of filing and other legal fees. - The payment of filing and other legal
fees by the plaintiff shall be deferred until after judgment unless the plaintiff is allowed to
litigate as an indigent. It shall constitute a first lien on the judgment award.

For a citizen suit, the court shall defer the payment of filing and other legal fees that shall
serve as first lien on the judgment award.

Section 13. Service of summons, orders and other court processes. - The summons, orders
and other court processes may be served by the sheriff, his deputy or other proper court
officer or for justifiable reasons, by the counsel or representative of the plaintiff or any
suitable person authorized or deputized by the court issuing the summons.

Any private person who is authorized or deputized by the court to serve summons, orders and
other court processes shall for that purpose be considered an officer of the court.

The summons shall be served on the defendant, together with a copy of an order informing all
parties that they have fifteen (15) days from the filing of an answer, within which to avail of
interrogatories to parties under Rule 25 of the Rules of Court and request for admission by
adverse party under Rule 26, or at their discretion, make use of depositions under Rule 23 or
other measures under Rules 27 and 28.

Should personal and substituted service fail, summons by publication shall be allowed. In the
case of juridical entities, summons by publication shall be done by indicating the names of
the officers or their duly authorized representatives.

Section 14. Verified answer. - Within fifteen (15) days from receipt of summons, the
defendant shall file a verified answer to the complaint and serve a copy thereof on the
plaintiff. The defendant shall attach affidavits of witnesses, reports, studies of experts and all
evidence in support of the defense.

Affirmative and special defenses not pleaded shall be deemed waived, except lack of
jurisdiction.

Cross-claims and compulsory counterclaims not asserted shall be considered barred. The
answer to counterclaims or cross-claims shall be filed and served within ten (10) days from
service of the answer in which they are pleaded.

Section 15. Effect of failure to answer. - Should the defendant fail to answer the complaint
within the period provided, the court shall declare defendant in default and upon motion of
the plaintiff, shall receive evidence ex parte and render judgment based thereon and the
reliefs prayed for.

RULE 3
PRE-TRIAL

Section 1. Notice of pre-trial. - Within two (2) days from the filing of the answer to the
counterclaim or cross-claim, if any, the branch clerk of court shall issue a notice of the pre-
trial to be held not later than one (1) month from the filing of the last pleading.
The court shall schedule the pre-trial and set as many pre-trial conferences as may be
necessary within a period of two (2) months counted from the date of the first pre-trial
conference.

Section 2. Pre-trial brief. - At least three (3) days before the pretrial, the parties shall submit
pre-trial briefs containing the following:

(a) A statement of their willingness to enter into an amicable settlement indicating the
desired terms thereof or to submit the case to any of the alternative modes of dispute
resolution;

(b) A summary of admitted facts and proposed stipulation of facts;

(c) The legal and factual issues to be tried or resolved. For each factual issue, the
parties shall state all evidence to support their positions thereon. For each legal issue,
parties shall state the applicable law and jurisprudence supporting their respective
positions thereon;

(d) The documents or exhibits to be presented, including depositions, answers to

interrogatories and answers to written request for admission by adverse party, stating
the purpose thereof;

(e) A manifestation of their having availed of discovery procedures or their intention

to avail themselves of referral to a commissioner or panel of experts;

(f) The number and names of the witnesses and the substance of their affidavits;

(g) Clarificatory questions from the parties; and

(h) List of cases arising out of the same facts pending before other courts or
administrative agencies. Failure to comply with the required contents of a pre-trial
brief may be a ground for contempt.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.

Section 3. Referral to mediation. - At the start of the pre-trial conference, the court shall
inquire from the parties if they have settled the dispute; otherwise, the court shall
immediately refer the parties or their counsel, if authorized by their clients, to the Philippine
Mediation Center (PMC) unit for purposes of mediation. If not available, the court shall refer
the case to the clerk of court or legal researcher for mediation.

Mediation must be conducted within a non-extendible period of thirty (30) days from receipt
of notice of referral to mediation.

The mediation report must be submitted within ten (10) days from the expiration of the 30-
day period.

Section 4. Preliminary conference. - If mediation fails, the court will schedule the
continuance of the pre-trial. Before the scheduled date of continuance, the court may refer the
case to the branch clerk of court for a preliminary conference for the following purposes:
 (a) To assist the parties in reaching a settlement;

(b) To mark the documents or exhibits to be presented by the parties and copies
thereof to be attached to the records after comparison with the originals;

(c) To ascertain from the parties the undisputed facts and admissions on the
genuineness and due execution of the documents marked as exhibits;

(d) To require the parties to submit the depositions taken under Rule 23 of the Rules
of Court, the answers to written interrogatories under Rule 25, and the answers to
request for admissions by the adverse party under Rule 26;

(e) To require the production of documents or things requested by a party under Rule
27 and the results of the physical and mental examination of persons under Rule 28;

(f) To consider such other matters as may aid in its prompt disposition;

(g) To record the proceedings in the "Minutes of Preliminary Conference" to be

signed by both parties or their counsels;

(h) To mark the affidavits of witnesses which shall be in question and answer form
and shall constitute the direct examination of the witnesses; and

(i) To attach the minutes together with the marked exhibits before the pre-trial proper.

The parties or their counsel must submit to the branch clerk of court the names, addresses and
contact numbers of the affiants.

During the preliminary conference, the branch clerk of court shall also require the parties to
submit the depositions taken under Rule 23 of the Rules of Court, the answers to written
interrogatories under Rule 25 and the answers to request for admissions by the adverse party
under Rule 26. The branch clerk of court may also require the production of documents or
things requested by a party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28.

Section 5. Pre-trial conference; consent decree. - The judge shall put the parties and their
counsels under oath, and they shall remain under oath in all pre-trial conferences.

The judge shall exert best efforts to persuade the parties to arrive at a settlement of the
dispute. The judge may issue a consent decree approving the agreement between the parties
in accordance with law, morals, public order and public policy to protect the right of the
people to a balanced and healthful ecology.

Evidence not presented during the pre-trial, except newly-discovered evidence, shall be
deemed waived.
Section 6. Failure to settle. - If there is no full settlement, the judge shall:

(a) Adopt the minutes of the preliminary conference as part of the pre-trial
proceedings and confirm the markings of exhibits or substituted photocopies and
admissions on the genuineness and due execution of documents;

(b) Determine if there are cases arising out of the same facts pending before other
courts and order its consolidation if warranted;

(c) Determine if the pleadings are in order and if not, order the amendments if
necessary;

(d) Determine if interlocutory issues are involved and resolve the same;

(e) Consider the adding or dropping of parties;

(f) Scrutinize every single allegation of the complaint, answer and other pleadings and
attachments thereto, and the contents of documents and all other evidence identified
and pre-marked during pre-trial in determining further admissions;

(g) Obtain admissions based on the affidavits of witnesses and evidence attached to
the pleadings or submitted during pre-trial;

(h) Define and simplify the factual and legal issues arising from the pleadings and
evidence. Uncontroverted issues and frivolous claims or defenses should be
eliminated;

(i) Discuss the propriety of rendering a summary judgment or a judgment based on the
pleadings, evidence and admissions made during pre-trial;

(j) Observe the Most Important Witness Rule in limiting the number of witnesses,
determining the facts to be proved by each witness and fixing the approximate
number of hours per witness;

(k) Encourage referral of the case to a trial by commissioner under Rule 32 of the
Rules of Court or to a mediator or arbitrator under any of the alternative modes of
dispute resolution governed by the Special Rules of Court on Alternative Dispute
Resolution;

(l) Determine the necessity of engaging the services of a qualified expert as a friend of
the court (amicus curiae); and

(m) Ask parties to agree on the specific trial dates for continuous trial, comply with
the one-day examination of witness rule, adhere to the case flow chart determined by
the court which shall contain the different stages of the proceedings up to the
promulgation of the decision and use the time frame for each stage in setting the trial
dates.
Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss the complaint,
except upon repeated and unjustified failure of the plaintiff to appear. The dismissal shall be
without prejudice, and the court may proceed with the counterclaim.

If the defendant fails to appear at the pre-trial, the court shall receive evidence ex parte.

Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference shall contain
matters taken up therein, more particularly admissions of facts and exhibits, and shall be
signed by the parties and their counsel.

Section 9. Pre-trial order. - Within ten (10) days after the termination of the pre-trial, the
court shall issue a pre-trial order setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions made, the evidence marked, the number of
witnesses to be presented and the schedule of trial. Said order shall bind the parties, limit the
trial to matters not disposed of and control the course of action during the trial.

Section 10. Efforts to settle. - The court shall endeavor to make the parties agree to
compromise or settle in accordance with law at any stage of the proceedings before rendition
of judgment.

RULE 4
TRIAL

Section 1. Continuous trial. - The judge shall conduct continuous trial which shall not exceed
two (2) months from the date of the issuance of the pre-trial order.

Before the expiration of the two-month period, the judge may ask the Supreme Court for the
extension of the trial period for justifiable cause.

Section 2. Affidavits in lieu of direct examination. - In lieu of direct examination, affidavits

marked during the pre-trial shall be presented as direct examination of affiants subject to
cross-examination by the adverse party.

Section 3. One-day examination of witness rule. - The court shall strictly adhere to the rule
that a witness has to be fully examined in one (1) day, subject to the court’s discretion of
extending the examination for justifiable reason. After the presentation of the last witness,
only oral offer of evidence shall be allowed, and the opposing party shall immediately
interpose his objections. The judge shall forthwith rule on the offer of evidence in open court.

Section 4. Submission of case for decision; filing of memoranda. - After the last party has
rested its case, the court shall issue an order submitting the case for decision.

The court may require the parties to submit their respective memoranda, if possible in
electronic form, within a non-extendible period of thirty (30) days from the date the case is
submitted for decision.

The court shall have a period of sixty (60) days to decide the case from the date the case is
submitted for decision.
Section 5. Period to try and decide. - The court shall have a period of one (1) year from the
filing of the complaint to try and decide the case. Before the expiration of the one-year
period, the court may petition the Supreme Court for the extension of the period for
justifiable cause.

The court shall prioritize the adjudication of environmental cases.

RULE 5
JUDGMENT AND EXECUTION

Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the plaintiff proper
reliefs which shall include the protection, preservation or rehabilitation of the environment
and the payment of attorney’s fees, costs of suit and other litigation expenses. It may also
require the violator to submit a program of rehabilitation or restoration of the environment,
the costs of which shall be borne by the violator, or to contribute to a special trust fund for
that purpose subject to the control of the court.

Section 2. Judgment not stayed by appeal. - Any judgment directing the performance of acts
for the protection, preservation or rehabilitation of the environment shall be executory
pending appeal unless restrained by the appellate court.

Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment, the court may
convert the TEPO to a permanent EPO or issue a writ of continuing mandamus directing the
performance of acts which shall be effective until the judgment is fully satisfied.

The court may, by itself or through the appropriate government agency, monitor the
execution of the judgment and require the party concerned to submit written reports on a
quarterly basis or sooner as may be necessary, detailing the progress of the execution and
satisfaction of the judgment. The other party may, at its option, submit its comments or
observations on the execution of the judgment.

Section 4. Monitoring of compliance with judgment and orders of the court by a

commissioner. - The court may motu proprio, or upon motion of the prevailing party, order
that the enforcement of the judgment or order be referred to a commissioner to be appointed
by the court. The commissioner shall file with the court written progress reports on a
quarterly basis or more frequently when necessary.

Section 5. Return of writ of execution. - The process of execution shall terminate upon a
sufficient showing that the decision or order has been implemented to the satisfaction of the
court in accordance with Section 14, Rule 39 of the Rules of Court.

RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to
harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the
government has taken or may take in the enforcement of environmental laws, protection of
the environment or assertion of environmental rights shall be treated as a SLAPP and shall be
governed by these Rules.
Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a person involved in
the enforcement of environmental laws, protection of the environment, or assertion of
environmental rights, the defendant may file an answer interposing as a defense that the case
is a SLAPP and shall be supported by documents, affidavits, papers and other evidence; and,
by way of counterclaim, pray for damages, attorney’s fees and costs of suit.

The court shall direct the plaintiff or adverse party to file an opposition showing the suit is
not a SLAPP, attaching evidence in support thereof, within a non-extendible period of five
(5) days from receipt of notice that an answer has been filed.

The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file
an opposition within fifteen (15) days from filing of the comment or the lapse of the period.

Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in
nature. The parties must submit all available evidence in support of their respective positions.
The party seeking the dismissal of the case must prove by substantial evidence that his act for
the enforcement of environmental law is a legitimate action for the protection, preservation
and rehabilitation of the environment. The party filing the action assailed as a SLAPP shall
prove by preponderance of evidence that the action is not a SLAPP and is a valid claim.

Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a SLAPP shall
be resolved within thirty (30) days after the summary hearing. If the court dismisses the
action, the court may award damages, attorney’s fees and costs of suit under a counterclaim if
such has been filed. The dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary
hearing shall be treated as evidence of the parties on the merits of the case. The action shall
proceed in accordance with the Rules of Court.

PART III
SPECIAL CIVIL ACTIONS

RULE 7
WRIT OF KALIKASAN

Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical person,
entity authorized by law, people’s organization, non-governmental organization, or any
public interest group accredited by or registered with any government agency, on behalf of
persons whose constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or employee, or
private individual or entity, involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces.

Section 2. Contents of the petition. - The verified petition shall contain the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and
personal circumstances are unknown and uncertain, the respondent may be described
by an assumed appellation;
 (c) The environmental law, rule or regulation violated or threatened to be violated, the
act or omission complained of, and the environmental damage of such magnitude as
to prejudice the life, health or property of inhabitants in two or more cities or
provinces.

(d) All relevant and material evidence consisting of the affidavits of witnesses,
documentary evidence, scientific or other expert studies, and if possible, object
evidence;

(e) The certification of petitioner under oath that: (1) petitioner has not commenced
any action or filed any claim involving the same issues in any court, tribunal or quasi-
judicial agency, and no such other action or claim is pending therein; (2) if there is
such other pending action or claim, a complete statement of its present status; (3) if
petitioner should learn that the same or similar action or claim has been filed or is
pending, petitioner shall report to the court that fact within five (5) days therefrom;
and

(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of
the stations of the Court of Appeals.

Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket

fees.

Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition,
if the petition is sufficient in form and substance, the court shall give an order: (a) issuing the
writ; and (b) requiring the respondent to file a verified return as provided in Section 8 of this
Rule. The clerk of court shall forthwith issue the writ under the seal of the court including the
issuance of a cease and desist order and other temporary reliefs effective until further order.

Section 6. How the writ is served. - The writ shall be served upon the respondent by a court
officer or any person deputized by the court, who shall retain a copy on which to make a
return of service. In case the writ cannot be served personally, the rule on substituted service
shall apply.

Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly
delays or refuses to issue the writ after its allowance or a court officer or deputized person
who unduly delays or refuses to serve the same shall be punished by the court for contempt
without prejudice to other civil, criminal or administrative actions.

Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days
after service of the writ, the respondent shall file a verified return which shall contain all
defenses to show that respondent did not violate or threaten to violate, or allow the violation
of any environmental law, rule or regulation or commit any act resulting to environmental
damage of such magnitude as to prejudice the life, health or property of inhabitants in two or
more cities or provinces.

All defenses not raised in the return shall be deemed waived.

The return shall include affidavits of witnesses, documentary evidence, scientific or other
expert studies, and if possible, object evidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be considered as an admission thereof.

Section 9. Prohibited pleadings and motions. - The following pleadings and motions are
prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return;

(c) Motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply; and

(h) Motion to declare respondent in default.

Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the
court shall proceed to hear the petition ex parte.

Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a
preliminary conference to simplify the issues, determine the possibility of obtaining
stipulations or admissions from the parties, and set the petition for hearing.

The hearing including the preliminary conference shall not extend beyond sixty (60) days and
shall be given the same priority as petitions for the writs of habeas corpus, amparo and
habeas data.

Section 12. Discovery Measures. - A party may file a verified motion for the following
reliefs:

(a) Ocular Inspection; order — The motion must show that an ocular inspection order
is necessary to establish the magnitude of the violation or the threat as to prejudice the
life, health or property of inhabitants in two or more cities or provinces. It shall state
in detail the place or places to be inspected. It shall be supported by affidavits of
witnesses having personal knowledge of the violation or threatened violation of
environmental law.

After hearing, the court may order any person in possession or control of a designated
land or other property to permit entry for the purpose of inspecting or

photographing the property or any relevant object or operation thereon.

 The order shall specify the person or persons authorized to make the inspection and
the date, time, place and manner of making the inspection and may prescribe other
conditions to protect the constitutional rights of all parties.

(b) Production or inspection of documents or things; order – The motion must show
that a production order is necessary to establish the magnitude of the violation or the
threat as to prejudice the life, health or property of inhabitants in two or more cities or
provinces.

After hearing, the court may order any person in possession, custody or control of any
designated documents, papers, books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic form, which constitute or contain
evidence relevant to the petition or the return, to produce and permit their inspection,
copying or photographing by or on behalf of the movant.

The production order shall specify the person or persons authorized to make the production
and the date, time, place and manner of making the inspection or production and may
prescribe other conditions to protect the constitutional rights of all parties.

Section 13. Contempt. - The court may after hearing punish the respondent who refuses or
unduly delays the filing of a return, or who makes a false return, or any person who disobeys
or resists a lawful process or order of the court for indirect contempt under Rule 71 of the
Rules of Court.

Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court
shall issue an order submitting the case for decision. The court may require the filing of
memoranda and if possible, in its electronic form, within a non-extendible period of thirty
(30) days from the date the petition is submitted for decision.

Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for
decision, the court shall render judgment granting or denying the privilege of the writ of
kalikasan.

The reliefs that may be granted under the writ are the following:

(a) Directing respondent to permanently cease and desist from committing acts or
neglecting the performance of a duty in violation of environmental laws resulting in
environmental destruction or damage;

(b) Directing the respondent public official, government agency, private person or
entity to protect, preserve, rehabilitate or restore the environment;

(c) Directing the respondent public official, government agency, private person or
entity to monitor strict compliance with the decision and orders of the court;

(d) Directing the respondent public official, government agency, or private person or
entity to make periodic reports on the execution of the final judgment; and

(e) Such other reliefs which relate to the right of the people to a balanced and
healthful ecology or to the protection, preservation, rehabilitation or restoration of the
 environment, except the award of damages to individual petitioners.

Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse
judgment or denial of motion for reconsideration, any party may appeal to the Supreme Court
under Rule 45 of the Rules of Court. The appeal may raise questions of fact.

Section 17. Institution of separate actions. - The filing of a petition for the issuance of the
writ of kalikasan shall not preclude the filing of separate civil, criminal or administrative
actions.

RULE 8
WRIT OF CONTINUING MANDAMUS

Section 1. Petition for continuing mandamus. - When any agency or instrumentality of the
government or officer thereof unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or station in connection with the
enforcement or violation of an environmental law rule or regulation or a right therein, or
unlawfully excludes another from the use or enjoyment of such right and there is no other
plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved
thereby may file a verified petition in the proper court, alleging the facts with certainty,
attaching thereto supporting evidence, specifying that the petition concerns an environmental
law, rule or regulation, and praying that judgment be rendered commanding the respondent to
do an act or series of acts until the judgment is fully satisfied, and to pay damages sustained
by the petitioner by reason of the malicious neglect to perform the duties of the respondent,
under the law, rules or regulations. The petition shall also contain a sworn certification of
non-forum shopping.

Section 2. Where to file the petition. - The petition shall be filed with the Regional Trial
Court exercising jurisdiction over the territory where the actionable neglect or omission
occurred or with the Court of Appeals or the Supreme Court.

Section 3. No docket fees. - The petitioner shall be exempt from the payment of docket fees.

Section 4. Order to comment. - If the petition is sufficient in form and substance, the court
shall issue the writ and require the respondent to comment on the petition within ten (10)
days from receipt of a copy thereof. Such order shall be served on the respondents in such
manner as the court may direct, together with a copy of the petition and any annexes thereto.

Section 5. Expediting proceedings; TEPO. - The court in which the petition is filed may issue
such orders to expedite the proceedings, and it may also grant a TEPO for the preservation of
the rights of the parties pending such proceedings.

Section 6. Proceedings after comment is filed. - After the comment is filed or the time for the
filing thereof has expired, the court may hear the case which shall be summary in nature or
require the parties to submit memoranda. The petition shall be resolved without delay within
sixty (60) days from the date of the submission of the petition for resolution.

Section 7. Judgment. - If warranted, the court shall grant the privilege of the writ of
continuing mandamus requiring respondent to perform an act or series of acts until the
judgment is fully satisfied and to grant such other reliefs as may be warranted resulting from
the wrongful or illegal acts of the respondent. The court shall require the respondent to
submit periodic reports detailing the progress and execution of the judgment, and the court
may, by itself or through a commissioner or the appropriate government agency, evaluate and
monitor compliance. The petitioner may submit its comments or observations on the
execution of the judgment.

Section 8. Return of the writ. - The periodic reports submitted by the respondent detailing
compliance with the judgment shall be contained in partial returns of the writ.

Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by
the respondent. If the court finds that the judgment has been fully implemented, the
satisfaction of judgment shall be entered in the court docket.

PART IV
CRIMINAL PROCEDURE

RULE 9
PROSECUTION OF OFFENSES

Section 1. Who may file. - Any offended party, peace officer or any public officer charged
with the enforcement of an environmental law may file a complaint before the proper officer
in accordance with the Rules of Court.

Section 2. Filing of the information. - An information, charging a person with a violation of

an environmental law and subscribed by the prosecutor, shall be filed with the court.

Section 3. Special prosecutor. - In criminal cases, where there is no private offended party, a
counsel whose services are offered by any person or organization may be allowed by the
court as special prosecutor, with the consent of and subject to the control and supervision of
the public prosecutor.

RULE 10
PROSECUTION OF CIVIL ACTIONS

Section 1. Institution of criminal and civil actions. - When a criminal action is instituted, the
civil action for the recovery of civil liability arising from the offense charged, shall be
deemed instituted with the criminal action unless the complainant waives the civil action,
reserves the right to institute it separately or institutes the civil action prior to the criminal
action.

Unless the civil action has been instituted prior to the criminal action, the reservation of the
right to institute separately the civil action shall be made during arraignment.

In case civil liability is imposed or damages are awarded, the filing and other legal fees shall
be imposed on said award in accordance with Rule 141 of the Rules of Court, and the fees
shall constitute a first lien on the judgment award. The damages awarded in cases where there
is no private offended party, less the filing fees, shall accrue to the funds of the agency
charged with the implementation of the environmental law violated. The award shall be used
for the restoration and rehabilitation of the environment adversely affected.
 RULE 11
ARREST

Section 1. Arrest without warrant; when lawful. - A peace officer or an individual deputized
by the proper government agency may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or

(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it. Individuals deputized by the proper government agency who are
enforcing environmental laws shall enjoy the presumption of regularity under Section
3(m), Rule 131 of the Rules of Court when effecting arrests for violations of
environmental laws.

Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be
accompanied by a certified true copy of the information filed with the issuing court.

RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS

Section 1. Custody and disposition of seized items. - The custody and disposition of seized
items shall be in accordance with the applicable laws or rules promulgated by the concerned
government agency.

Section 2. Procedure. - In the absence of applicable laws or rules promulgated by the

concerned government agency, the following procedure shall be observed:

(a) The apprehending officer having initial custody and control of the seized items,
equipment, paraphernalia, conveyances and instruments shall physically inventory
and whenever practicable, photograph the same in the presence of the person from
whom such items were seized.

(b) Thereafter, the apprehending officer shall submit to the issuing court the return of
the search warrant within five (5) days from date of seizure or in case of warrantless
arrest, submit within five (5) days from date of seizure, the inventory report,
compliance report, photographs, representative samples and other pertinent
documents to the public prosecutor for appropriate action.

(c) Upon motion by any interested party, the court may direct the auction sale of
seized items, equipment, paraphernalia, tools or instruments of the crime. The court
shall, after hearing, fix the minimum bid price based on the recommendation of the
concerned government agency. The sheriff shall conduct the auction.

(d) The auction sale shall be with notice to the accused, the person from whom the
items were seized, or the owner thereof and the concerned government agency.
 (e) The notice of auction shall be posted in three conspicuous places in the city or
municipality where the items, equipment, paraphernalia, tools or instruments of the
crime were seized.

(f) The proceeds shall be held in trust and deposited with the government depository
bank for disposition according to the judgment.

RULE 13
PROVISIONAL REMEDIES

Section 1. Attachment in environmental cases. - The provisional remedy of attachment under

Rule 127 of the Rules of Court may be availed of in environmental cases.

Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection

Order (TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO shall be
governed by Rule 2 of these Rules.

RULE 14
BAIL

Section 1. Bail, where filed. - Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge thereof, with any regional
trial judge, metropolitan trial judge, municipal trial judge or municipal circuit trial judge in
the province, city or municipality. If the accused is arrested in a province, city or municipality
other than where the case is pending, bail may also be filed with any Regional Trial Court of
said place, or if no judge thereof is available, with any metropolitan trial judge, municipal
trial judge or municipal circuit trial judge therein. If the court grants bail, the court may issue
a hold-departure order in appropriate cases.

Section 2. Duties of the court. - Before granting the application for bail, the judge must read
the information in a language known to and understood by the accused and require the
accused to sign a written undertaking, as follows:

(a) To appear before the court that issued the warrant of arrest for arraignment
purposes on the date scheduled, and if the accused fails to appear without justification
on the date of arraignment, accused waives the reading of the information and
authorizes the court to enter a plea of not guilty on behalf of the accused and to set the
case for trial;

(b) To appear whenever required by the court where the case is pending; and

(c) To waive the right of the accused to be present at the trial, and upon failure of the
accused to appear without justification and despite due notice, the trial may proceed in
absentia.
 RULE 15
ARRAIGNMENT AND PLEA

Section 1. Arraignment. - The court shall set the arraignment of the accused within fifteen
(15) days from the time it acquires jurisdiction over the accused, with notice to the public
prosecutor and offended party or concerned government agency that it will entertain plea-
bargaining on the date of the arraignment.

Section 2. Plea-bargaining. - On the scheduled date of arraignment, the court shall consider
plea-bargaining arrangements. Where the prosecution and offended party or concerned
government agency agree to the plea offered by the accused, the court shall:

(a) Issue an order which contains the plea-bargaining arrived at;

(b) Proceed to receive evidence on the civil aspect of the case, if any; and

(c) Render and promulgate judgment of conviction, including the civil liability for
damages.

RULE 16
PRE-TRIAL

Section 1. Setting of pre-trial conference. - After the arraignment, the court shall set the pre-
trial conference within thirty (30) days. It may refer the case to the branch clerk of court, if
warranted, for a preliminary conference to be set at least three (3) days prior to the pre-trial.

Section 2. Preliminary conference. - The preliminary conference shall be for the following
purposes:

(a) To assist the parties in reaching a settlement of the civil aspect of the case;

(b) To mark the documents to be presented as exhibits;

(c) To attach copies thereof to the records after comparison with the originals;

(d) To ascertain from the parties the undisputed facts and admissions on the
genuineness and due execution of documents marked as exhibits;

(e) To consider such other matters as may aid in the prompt disposition of the case;

(f) To record the proceedings during the preliminary conference in the Minutes of
Preliminary Conference to be signed by the parties and counsel;

(g) To mark the affidavits of witnesses which shall be in question and answer form
and shall constitute the direct examination of the witnesses; and

(h) To attach the Minutes and marked exhibits to the case record before the pre-trial
proper. The parties or their counsel must submit to the branch clerk of court the
names, addresses and contact numbers of the affiants.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall:

(a) Place the parties and their counsels under oath;

(b) Adopt the minutes of the preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies and admissions
on the genuineness and due execution of documents, and list object and testimonial
evidence;

(c) Scrutinize the information and the statements in the affidavits and other documents
which form part of the record of the preliminary investigation together with other
documents identified and marked as exhibits to determine further admissions of facts
as to:

i. The court’s territorial jurisdiction relative to the offense(s) charged;

ii. Qualification of expert witnesses; and

iii. Amount of damages;

(d) Define factual and legal issues;

(e) Ask parties to agree on the specific trial dates and adhere to the flow chart
determined by the court which shall contain the time frames for the different stages of
the proceeding up to promulgation of decision;

(f) Require the parties to submit to the branch clerk of court the names, addresses and
contact numbers of witnesses that need to be summoned by subpoena; and

(g) Consider modification of order of trial if the accused admits the charge but
interposes a lawful defense.

Section 4. Manner of questioning. - All questions or statements must be directed to the court.

Section 5. Agreements or admissions. - All agreements or admissions made or entered during

the pre-trial conference shall be reduced in writing and signed by the accused and counsel;
otherwise, they cannot be used against the accused. The agreements covering the matters
referred to in Section 1, Rule 118 of the Rules of Court shall be approved by the court.

Section 6. Record of proceedings. - All proceedings during the pre-trial shall be recorded, the
transcripts prepared and the minutes signed by the parties or their counsels.

Section 7. Pre-trial order. - The court shall issue a pre-trial order within ten (10) days after
the termination of the pre-trial, setting forth the actions taken during the pre-trial conference,
the facts stipulated, the admissions made, evidence marked, the number of witnesses to be
presented and the schedule of trial. The order shall bind the parties and control the course of
action during the trial.

RULE 17
TRIAL
Section 1. Continuous trial. - The court shall endeavor to conduct continuous trial which
shall not exceed three (3) months from the date of the issuance of the pre-trial order.

Section 2. Affidavit in lieu of direct examination . - Affidavit in lieu of direct examination

shall be used, subject to cross-examination and the right to object to inadmissible portions of
the affidavit.

Section 3. Submission of memoranda. - The court may require the parties to submit their
respective memoranda and if possible, in electronic form, within a non-extendible period of
thirty (30) days from the date the case is submitted for decision.

With or without any memoranda filed, the court shall have a period of sixty (60) days to
decide the case counted from the last day of the 30-day period to file the memoranda.

Section 4. Disposition period. - The court shall dispose the case within a period of ten (10)
months from the date of arraignment.

Section 5. Pro bono lawyers. - If the accused cannot afford the services of counsel or there is
no available public attorney, the court shall require the Integrated Bar of the Philippines to
provide pro bono lawyers for the accused.

RULE 18
SUBSIDIARY LIABILITY

Section 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability
is allowed by law, the court may, by motion of the person entitled to recover under judgment,
enforce such subsidiary liability against a person or corporation subsidiary liable under
Article 102 and Article 103 of the Revised Penal Code.

RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL
CASES

Section 1. Motion to dismiss. - Upon the filing of an information in court and before
arraignment, the accused may file a motion to dismiss on the ground that the criminal action
is a SLAPP.

Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in
nature. The parties must submit all the available evidence in support of their respective
positions. The party seeking the dismissal of the case must prove by substantial evidence that
his acts for the enforcement of environmental law is a legitimate action for the protection,
preservation and rehabilitation of the environment. The party filing the action assailed as a
SLAPP shall prove by preponderance of evidence that the action is not a SLAPP.

Section 3. Resolution. - The court shall grant the motion if the accused establishes in the
summary hearing that the criminal case has been filed with intent to harass, vex, exert undue
pressure or stifle any legal recourse that any person, institution or the government has taken
or may take in the enforcement of environmental laws, protection of the environment or
assertion of environmental rights.
If the court denies the motion, the court shall immediately proceed with the arraignment of
the accused.

PART V
EVIDENCE

RULE 20
PRECAUTIONARY PRINCIPLE

Section 1. Applicability. - When there is a lack of full scientific certainty in establishing a

causal link between human activity and environmental effect, the court shall apply the
precautionary principle in resolving the case before it.

The constitutional right of the people to a balanced and healthful ecology shall be given the
benefit of the doubt.

Section 2. Standards for application. - In applying the precautionary principle, the following
factors, among others, may be considered: (1) threats to human life or health; (2) inequity to
present or future generations; or (3) prejudice to the environment without legal consideration
of the environmental rights of those affected.

RULE 21
DOCUMENTARY EVIDENCE

Section 1. Photographic, video and similar evidence. - Photographs, videos and similar
evidence of events, acts, transactions of wildlife, wildlife by-products or derivatives, forest
products or mineral resources subject of a case shall be admissible when authenticated by the
person who took the same, by some other person present when said evidence was taken, or by
any other person competent to testify on the accuracy thereof.

Section 2. Entries in official records. - Entries in official records made in the performance of
his duty by a public officer of the Philippines, or by a person in performance of a duty
specially enjoined by law, are prima facie evidence of the facts therein stated.

RULE 22
FINAL PROVISIONS

Section 1. Effectivity. - These Rules shall take effect within fifteen (15) days following
publication once in a newspaper of general circulation.

Section 2. Application of the Rules of Court. - The Rules of Court shall apply in a suppletory
manner, except as otherwise provided herein.

REPUBLIC ACT NO. 8371

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

CHAPTER I

General Provisions

SECTION 1.            Short Title. — This Act shall be known as “The Indigenous Peoples’
Rights Act of 1997”.

SECTION 2.            Declaration of State Policies. — The State shall recognize and promote
all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder
enumerated within the framework of the Constitution:

a)              The State shall recognize and promote the rights of ICCs/IPs within the framework
of national unity and development;

b)              The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure
their economic, social and cultural well-being and shall recognize the applicability of
customary laws governing property rights or relations in determining the ownership and
extent of ancestral domain;

c)              The State shall recognize, respect and protect the rights of ICCs/IPs to preserve
and develop their cultures, traditions and institutions. It shall consider these rights in the
formulation of national laws and policies;

d)              The State shall guarantee that members of the ICCs/IPs regardless of sex, shall
equally enjoy the full measure of human rights and freedoms without distinction or
discrimination;

e)              The State shall take measures, with the participation of the ICCs/IPs concerned, to
protect their rights and guarantee respect for their cultural integrity, and to ensure that
members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which
national laws and regulations grant to other members of the population; and

f)               The State recognizes its obligations to respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of
education, health, as well as other services of ICCs/IPs, in order to render such services more
responsive to the needs and desires of these communities.

Towards these ends, the State shall institute and establish the necessary mechanisms to
enforce and guarantee the realization of these rights, taking into consideration their customs,
traditions, values, beliefs, interests and institutions, and to adopt and implement measures to
protect their rights to their ancestral domains.

CHAPTER II

Definition of Terms
SECTION 3.            Definition of Terms. — For purposes of this Act, the following terms
shall mean:

a)              Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally
belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources
therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves
or through their ancestors, communally or individually since time immemorial, continuously
to the present except when interrupted by war, force majeure or displacement by force,
deceit, stealth or as a consequence of government projects or any other voluntary dealings
entered into by government and private individuals/corporations, and which are necessary to
ensure their economic, social and cultural welfare. It shall include ancestral lands, forests,
pasture, residential, agricultural, and other lands individually owned whether alienable and
disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water,
mineral and other natural resources, and lands which may no longer be exclusively occupied
by ICCs/IPs but from which they traditionally had access to for their subsistence and
traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators;

b)              Ancestral Lands — Subject to Section 56 hereof, refers to land occupied,

possessed and utilized by individuals, families and clans who are members of the ICCs/IPs
since time immemorial, by themselves or through their predecessors-in-interest, under claims
of individual or traditional group ownership, continuously, to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary dealings entered into by government
and private individuals/corporations, including, but not limited to, residential lots, rice
terraces or paddies, private forests, swidden farms and tree lots;

c)              Certificate of Ancestral Domain Title — refers to a title formally recognizing the
rights of possession and ownership of ICCs/IPs over their ancestral domains identified and
delineated in accordance with this law;

d)              Certificate of Ancestral Lands Title — refers to a title formally recognizing the
rights of ICCs/IPs over their ancestral lands;

e)              Communal Claims — refer to claims on land, resources and rights thereon,
belonging to the whole community within a defined territory;

f)               Customary Laws — refer to a body of written and/or unwritten rules, usages,
customs and practices traditionally and continually recognized, accepted and observed by
respective ICCs/IPs;

g)              Free and Prior Informed Consent — as used in this Act shall mean the consensus
of all members of the ICCs/IPs to be determined in accordance with their respective
customary laws and practices, free from any external manipulation, interference and coercion,
and obtained after fully disclosing the intent and scope of the activity, in a language and
process understandable to the community;

h)              Indigenous Cultural Communities/Indigenous Peoples — refer to a group of

people or homogenous societies identified by self-ascription and ascription by others, who
have continuously lived as organized community on communally bounded and defined
territory, and who have, under claims of ownership since time immemorial, occupied,
possessed and utilized such territories, sharing common bonds of language, customs,
traditions and other distinctive cultural traits, or who have, through resistance to political,
social and cultural inroads of colonization, non-indigenous religions and cultures, became
historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include
peoples who are regarded as indigenous on account of their descent from the populations
which inhabited the country, at the time of conquest or colonization, or at the time of inroads
of non-indigenous religions and cultures, or the establishment of present state boundaries,
who retain some or all of their own social, economic, cultural and political institutions, but
who may have been displaced from their traditional domains or who may have resettled
outside their ancestral domains;

i)               Indigenous Political Structures — refer to organizational and cultural leadership

systems, institutions, relationships, patterns and processes for decision-making and
participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of
Timuays, Bodong Holders, or any other tribunal or body of similar nature;

j)               Individual Claims — refer to claims on land and rights thereon which have been
devolved to individuals, families and clans including, but not limited to, residential lots, rice
terraces or paddies and tree lots;

k)              National Commission on Indigenous Peoples (NCIP) — refers to the office created
under this Act, which shall be under the Office of the President, and which shall be the
primary government agency responsible for the formulation and implementation of policies,
plans and programs to recognize, protect and promote the rights of ICCs/IPs;

l)               Native Title — refers to pre-conquest rights to lands and domains which, as far
back as memory reaches, have been held under a claim of private ownership by ICCs/IPs,
have never been public lands and are thus indisputably presumed to have been held that way
since before the Spanish Conquest;

m)            Nongovernment Organization — refers to a private, nonprofit voluntary

organization that has been organized primarily for the delivery of various services to the
ICCs/IPs and has an established track record for effectiveness and acceptability in the
community where it serves;

n)              People’s Organization — refers to a private, nonprofit voluntary organization of

members of an ICC/IP which is accepted as representative of such ICCs/IPs;

o)              Sustainable Traditional Resource Rights — refer to the rights of ICCs/IPs to

sustainably use, manage, protect and conserve a) land, air, water, and minerals; b) plants,
animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and
e) other areas of economic, ceremonial and aesthetic value in accordance with their
indigenous knowledge, beliefs, systems and practices; and

p)              Time Immemorial — refers to a period of time when as far back as memory can
go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and
utilized a defined territory devolved to them, by operation of customary law or inherited from
their ancestors, in accordance with their customs and traditions.
 CHAPTER III

Rights to Ancestral Domains

SECTION 4.            Concept of Ancestral Lands/Domains. — Ancestral lands/domains shall

include such concepts of territories which cover not only the physical environment but the
total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs
possess, occupy and use and to which they have claims of ownership.

SECTION 5.            Indigenous Concept of Ownership. — Indigenous concept of ownership

sustains the view that ancestral domains and all resources found therein shall serve as the
material bases of their cultural integrity. The indigenous concept of ownership generally
holds that ancestral domains are the ICC’s/IP’s private but community property which
belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise
covers sustainable traditional resource rights.

SECTION 6.            Composition of Ancestral Lands/Domains. — Ancestral lands and

domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec. 3,
items (a) and (b) of this Act.

SECTION 7.            Rights to Ancestral Domains. — The rights of ownership and possession
of ICCs/IPs to their ancestral domains shall be recognized and protected. Such rights shall
include:

a)              Right of Ownership. — The right to claim ownership over lands, bodies of water
traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing
grounds, and all improvements made by them at any time within the domains;

b)              Right to Develop Lands and Natural Resources. — Subject to Section 56 hereof,
right to develop, control and use lands and territories traditionally occupied, owned, or used;
to manage and conserve natural resources within the territories and uphold the responsibilities
for future generations; to benefit and share the profits from allocation and utilization of the
natural resources found therein; the right to negotiate the terms and conditions for the
exploration of natural resources in the areas for the purpose of ensuring ecological,
environmental protection and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or impact upon the
ancestral domains and to receive just and fair compensation for any damages which they may
sustain as a result of the project; and the right to effective measures by the government to
prevent any interference with, alienation and encroachment upon these rights;

c)              Right to Stay in the Territories. — The right to stay in the territory and not to be
removed therefrom. No ICCs/IPs will be relocated without their free and prior informed
consent, nor through any means other than eminent domain. Where relocation is considered
necessary as an exceptional measure, such relocation shall take place only with the free and
prior informed consent of the ICCs/IPs concerned and whenever possible, they shall be
guaranteed the right to return to their ancestral domains, as soon as the grounds for relocation
cease to exist. When such return is not possible, as determined by agreement or through
appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality
and legal status at least equal to that of the land previously occupied by them, suitable to
provide for their present needs and future development. Persons thus relocated shall likewise
be fully compensated for any resulting loss or injury;

d)              Right in Case of Displacement. — In case displacement occurs as a result of

natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable
areas where they can have temporary life support systems: Provided, That the displaced
ICCs/IPs shall have the right to return to their abandoned lands until such time that the
normalcy and safety of such lands shall be determined: Provided, further, That should their
ancestral domain cease to exist and normalcy and safety of the previous settlements are not
possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have
been resettled: Provided, furthermore, That basic services and livelihood shall be provided to
them to ensure that their needs are adequately addressed;

e)              Right to Regulate Entry of Migrants. — Right to regulate the entry of migrant
settlers and organizations into the domains;

f)               Right to Safe and Clean Air and Water. — For this purpose, the ICCs/IPs shall
have access to integrated systems for the management of their inland waters and air space;

g)              Right to Claim Parts of Reservations. — The right to claim parts of the ancestral
domains which have been reserved for various purposes, except those reserved and intended
for common public welfare and service; and

h)              Right to Resolve Conflict. — Right to resolve land conflicts in accordance with
customary laws of the area where the land is located, and only in default thereof shall the
complaints be submitted to amicable settlement and to the Courts of Justice whenever
necessary.

SECTION 8.            Rights to Ancestral Lands. — The right of ownership and possession of
the ICCs/IPs to their ancestral lands shall be recognized and protected.

a)              Right to transfer land/property. — Such right shall include the right to transfer land
or property rights to/among members of the same ICCs/IPs, subject to customary laws and
traditions of the community concerned.

b)              Right to Redemption. — In cases where it is shown that the transfer of

land/property rights by virtue of any agreement or devise, to a non-member of the concerned
ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs, or is transferred for an
unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem
the same within a period not exceeding fifteen (15) years from the date of transfer.

SECTION 9.            Responsibilities of ICCs/IPs to their Ancestral Domains. — ICCs/IPs

occupying a duly certified ancestral domain shall have the following responsibilities:

a)              Maintain Ecological Balance. — To preserve, restore, and maintain a balanced

ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other
reserves;
b)              Restore Denuded Areas. — To actively initiate, undertake and participate in the
reforestation of denuded areas and other development programs and projects subject to just
and reasonable remuneration; and

c)              Observe Laws. — To observe and comply with the provisions of this Act and the
rules and regulations for its effective implementation.

SECTION 10.         Unauthorized and Unlawful Intrusion. — Unauthorized and unlawful

intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights
hereinbefore enumerated, shall be punishable under this law. Furthermore, the Government
shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs
or lack of understanding of laws to secure ownership, possession of land belonging to said
ICCs/IPs.

SECTION 11.         Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs to

their ancestral domains by virtue of Native Title shall be recognized and respected. Formal
recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs
over the territories identified and delineated.

SECTION 12.         Option to Secure Certificate of Title Under Commonwealth Act 141, as
amended, or the Land Registration Act 496. — Individual members of cultural communities,
with respect to their individually-owned ancestral lands who, by themselves or through their
predecessors-in-interest, have been in continuous possession and occupation of the same in
the concept of owner since time immemorial or for a period of not less than thirty (30) years
immediately preceding the approval of this Act and uncontested by the members of the same
ICCs/IPs shall have the option to secure title to their ancestral lands under the provisions of
Commonwealth Act 141, as amended, or the Land Registration Act 496.

For this purpose, said individually-owned ancestral lands, which are agricultural in character
and actually used for agricultural, residential, pasture, and tree farming purposes, including
those with a slope of eighteen percent (18%) or more, are hereby classified as alienable and
disposable agricultural lands.

The option granted under this section shall be exercised within twenty (20) years from the
approval of this Act.

 CHAPTER IV

Right to Self-Governance and Empowerment

SECTION 13.         Self-Governance. — The State recognizes the inherent right of ICCs/IPs
to self-governance and self-determination and respects the integrity of their values, practices
and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue
their economic, social and cultural development.

SECTION 14.         Support for Autonomous Regions. — The State shall continue to
strengthen and support the autonomous regions created under the Constitution as they may
require or need. The State shall likewise encourage other ICCs/IPs not included or outside
Muslim Mindanao and the Cordilleras to use the form and content of their ways of life as
may be compatible with the fundamental rights defined in the Constitution of the Republic of
the Philippines and other internationally recognized human rights.

SECTION 15.         Justice System, Conflict Resolution Institutions, and Peace Building
Processes. — The ICCs/IPs shall have the right to use their own commonly accepted justice
systems, conflict resolution institutions, peace building processes or mechanisms and other
customary laws and practices within their respective communities and as may be compatible
with the national legal system and with internationally recognized human rights.

SECTION 16.         Right to Participate in Decision-Making. — ICCs/IPs have the right to

participate fully, if they so choose, at all levels of decision-making in matters which may
affect their rights, lives and destinies through procedures determined by them as well as to
maintain and develop their own indigenous political structures. Consequently, the State shall
ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and
other local legislative councils.

SECTION 17.         Right to Determine and Decide Priorities for Development. — The
ICCs/IPs shall have the right to determine and decide their own priorities for development
affecting their lives, beliefs, institutions, spiritual well-being, and the lands they own, occupy
or use. They shall participate in the formulation, implementation and evaluation of policies,
plans and programs for national, regional and local development which may directly affect
them.

SECTION 18.         Tribal Barangays. — The ICCs/IPs living in contiguous areas or

communities where they form the predominant population but which are located in
municipalities, provinces or cities where they do not constitute the majority of the population,
may form or constitute a separate barangay in accordance with the Local Government Code
on the creation of tribal barangays.

SECTION 19.         Role of Peoples Organizations. — The State shall recognize and respect
the role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect
their legitimate and collective interests and aspirations through peaceful and lawful means.

SECTION 20.         Means for Development/Empowerment of ICCs/IPs. — The Government

shall establish the means for the full development/empowerment of the ICCs/IPs own
institutions and initiatives and, where necessary, provide the resources needed therefor.

CHAPTER V

Social Justice and Human Rights

SECTION 21.         Equal Protection and Non-discrimination of ICCs/IPs. — Consistent with

the equal protection clause of the Constitution of the Republic of the Philippines, the Charter
of the United Nations, the Universal Declaration of Human Rights including the Convention
on the Elimination of Discrimination Against Women and International Human Rights Law,
the State shall, with due recognition of their distinct characteristics and identity, accord to the
members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the
citizenry. It shall extend to them the same employment rights, opportunities, basic services,
educational and other rights and privileges available to every member of the society.
Accordingly, the State shall likewise ensure that the employment of any form of force or
coercion against ICCs/IPs shall be dealt with by law.

The State shall ensure that the fundamental human rights and freedoms as enshrined in the
Constitution and relevant international instruments are guaranteed also to indigenous women.
Towards this end, no provision in this Act shall be interpreted so as to result in the diminution
of rights and privileges already recognized and accorded to women under existing laws of
general application.

SECTION 22.         Rights During Armed Conflict. — ICCs/IPs have the right to special
protection and security in periods of armed conflict. The State shall observe international
standards, in particular, the Fourth Geneva Convention of 1949, for the protection of civilian
populations in circumstances of emergency and armed conflict, and shall not recruit members
of the ICCs/IPs against their will into the armed forces, and in particular, for use against other
ICCs/IPs; nor recruit children of ICCs/IPs into the armed forces under any circumstance; nor
force indigenous individuals to abandon their lands, territories and means of subsistence, or
relocate them in special centers for military purposes under any discriminatory condition.

SECTION 23.         Freedom from Discrimination and Right to Equal Opportunity and
Treatment. — It shall be the right of the ICCs/IPs to be free from any form of discrimination,
with respect to recruitment and conditions of employment, such that they may enjoy equal
opportunities for admission to employment, medical and social assistance, safety as well as
other occupationally-related benefits, informed of their rights under existing labor legislation
and of means available to them for redress, not subject to any coercive recruitment systems,
including bonded labor and other forms of debt servitude; and equal treatment in employment
for men and women, including the protection from sexual harassment.

Towards this end, the State shall, within the framework of national laws and regulations, and
in cooperation with the ICCs/IPs concerned, adopt special measures to ensure the effective
protection with regard to the recruitment and conditions of employment of persons belonging
to these communities, to the extent that they are not effectively protected by laws applicable
to workers in general.

ICCs/IPs shall have the right to association and freedom for all trade union activities and the
right to conclude collective bargaining agreements with employers’ organizations. They shall
likewise have the right not to be subject to working conditions hazardous to their health,
particularly through exposure to pesticides and other toxic substances.

SECTION 24.         Unlawful Acts Pertaining to Employment. — It shall be unlawful for any
person:

a)              To discriminate against any ICC/IP with respect to the terms and conditions of
employment on account of their descent. Equal remuneration shall be paid to ICC/IP and
non-ICC/IP for work of equal value; and

b)              To deny any ICC/IP employee any right or benefit herein provided for or to
discharge them for the purpose of preventing them from enjoying any of the rights or benefits
provided under this Act.
SECTION 25.         Basic Services. — The ICCs/IPs have the right to special measures for
the immediate, effective and continuing improvement of their economic and social
conditions, including in the areas of employment, vocational training and retraining, housing,
sanitation, health and social security. Particular attention shall be paid to the rights and
special needs of indigenous women, elderly, youth, children and differently-abled persons.
Accordingly, the State shall guarantee the right of ICCs/IPs to government’s basic services
which shall include, but not limited to, water and electrical facilities, education, health, and
infrastructure.

SECTION 26.         Women. — ICC/IP women shall enjoy equal rights and opportunities
with men, as regards the social, economic, political and cultural spheres of life. The
participation of indigenous women in the decision-making process in all levels, as well as in
the development of society, shall be given due respect and recognition.

The State shall provide full access to education, maternal and child care, health and nutrition,
and housing services to indigenous women. Vocational, technical, professional and other
forms of training shall be provided to enable these women to fully participate in all aspects of
social life. As far as possible, the State shall ensure that indigenous women have access to all
services in their own languages.

SECTION 27.         Children and Youth. — The State shall recognize the vital role of the
children and youth of ICCs/IPs in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual and social well-being. Towards this end, the State shall
support all government programs intended for the development and rearing of the children
and youth of ICCs/IPs for civic efficiency and establish such mechanisms as may be
necessary for the protection of the rights of the indigenous children and youth.

SECTION 28.         Integrated System of Education. — The State shall, through the NCIP,
provide a complete, adequate and integrated system of education, relevant to the needs of the
children and young people of ICCs/IPs.

CHAPTER VI

Cultural Integrity

SECTION 29.         Protection of Indigenous Culture, Traditions and Institutions. — The

State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their
culture, traditions and institutions. It shall consider these rights in the formulation and
application of national plans and policies.

SECTION 30.         Educational Systems. — The State shall provide equal access to various
cultural opportunities to the ICCs/IPs through the educational system, public or private
cultural entities, scholarships, grants and other incentives without prejudice to their right to
establish and control their educational systems and institutions by providing education in
their own language, in a manner appropriate to their cultural methods of teaching and
learning. Indigenous children/youth shall have the right to all levels and forms of education
of the State.

SECTION 31.         Recognition of Cultural Diversity. — The State shall endeavor to have
the dignity and diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs
appropriately reflected in all forms of education, public information and cultural-educational
exchange. Consequently, the State shall take effective measures, in consultation with
ICCs/IPs concerned, to eliminate prejudice and discrimination and to promote tolerance,
understanding and good relations among ICCs/IPs and all segments of society. Furthermore,
the Government shall take effective measures to ensure that the State-owned media duly
reflect indigenous cultural diversity. The State shall likewise ensure the participation of
appropriate indigenous leaders in schools, communities and international cooperative
undertakings like festivals, conferences, seminars and workshops to promote and enhance
their distinctive heritage and values.

SECTION 32.         Community Intellectual Rights. — ICCs/IPs have the right to practice and
revitalize their own cultural traditions and customs. The State shall preserve, protect and
develop the past, present and future manifestations of their cultures as well as the right to the
restitution of cultural, intellectual, religious, and spiritual property taken without their free
and prior informed consent or in violation of their laws, traditions and customs.

SECTION 33.         Rights to Religious, Cultural Sites and Ceremonies. — ICCs/IPs shall
have the right to manifest, practice, develop, and teach their spiritual and religious traditions,
customs and ceremonies; the right to maintain, protect and have access to their religious and
cultural sites; the right to use and control of ceremonial objects; and, the right to the
repatriation of human remains. Accordingly, the State shall take effective measures, in
cooperation with the ICCs/IPs concerned, to ensure that indigenous sacred places, including
burial sites, be preserved, respected and protected. To achieve this purpose, it shall be
unlawful to:

a)              Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the
purpose of obtaining materials of cultural values without the free and prior informed consent
of the community concerned; and

b)              Deface, remove or otherwise destroy artifacts which are of great importance to the
ICCs/IPs for the preservation of their cultural heritage.

SECTION 34.         Right to Indigenous Knowledge Systems and Practices and to Develop
own Sciences and Technologies. — ICCs/IPs are entitled to the recognition of the full
ownership and control and protection of their cultural and intellectual rights. They shall have
the right to special measures to control, develop and protect their sciences, technologies and
cultural manifestations, including human and other genetic resources, seeds, including
derivatives of these resources, traditional medicines and health practices, vital medicinal
plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the
properties of fauna and flora, oral traditions, literature, designs, and visual and performing
arts.

SECTION 35.         Access to Biological and Genetic Resources. — Access to biological and
genetic resources and to indigenous knowledge related to the conservation, utilization and
enhancement of these resources, shall be allowed within ancestral lands and domains of the
ICCs/IPs only with a free and prior informed consent of such communities, obtained in
accordance with customary laws of the concerned community.

SECTION 36.         Sustainable Agro-Technical Development. — The State shall recognize

the right of ICCs/IPs to a sustainable agro-technological development and shall formulate and
implement programs of action for its effective implementation. The State shall likewise
promote the bio-genetic and resource management systems among the ICCs/IPs and shall
encourage cooperation among government agencies to ensure the successful sustainable
development of ICCs/IPs.

SECTION 37.         Funds for Archeological and Historical Sites. — The ICCs/IPs shall have
the right to receive from the national government all funds especially earmarked or allocated
for the management and preservation of their archeological and historical sites and artifacts
with the financial and technical support of the national government agencies.

CHAPTER VII

National Commission on Indigenous Peoples (NCIP)

SECTION 38.         National Commission on Indigenous Cultural Communities/Indigenous

Peoples (NCIP). — To carry out the policies herein set forth, there shall be created the
National Commission on ICCs/IPs (NCIP), which shall be the primary government agency
responsible for the formulation and implementation of policies, plans and programs to
promote and protect the rights and well-being of the ICCs/IPs and the recognition of their
ancestral domains as well as the rights thereto.

SECTION 39.         Mandate. — The NCIP shall protect and promote the interest and well-
being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions.

SECTION 40.         Composition. — The NCIP shall be an independent agency under the
Office of the President and shall be composed of seven (7) Commissioners belonging to
ICCs/IPs, one (1) of whom shall be the Chairperson. The Commissioners shall be appointed
by the President of the Philippines from a list of recommendees submitted by authentic
ICCs/IPs: Provided, That the seven (7) Commissioners shall be appointed specifically from
each of the following ethnographic areas: Region I and the Cordilleras; Region II; the rest of
Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the
Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central
Mindanao: Provided, That at least two (2) of the seven (7) Commissioners shall be women.

SECTION 41.         Qualifications, Tenure, Compensation. — The Chairperson and the six
(6) Commissioners must be natural born Filipino citizens, bona fide members of the ICCs/IPs
as certified by his/her tribe, experienced in ethnic affairs and who have worked for at least ten
(10) years with an ICC/IP community and/or any government agency involved in ICC/IP, at
least 35 years of age at the time of appointment, and must be of proven honesty and integrity:
Provided, That at least two (2) of the seven (7) Commissioners shall be members of the
Philippine Bar: Provided, further, That the members of the NCIP shall hold office for a
period of three (3) years, and may be subject to re-appointment for another term: Provided,
furthermore, That no person shall serve for more than two (2) terms. Appointment to any
vacancy shall only be for the unexpired term of the predecessor and in no case shall a
member be appointed or designated in a temporary or acting capacity: Provided, finally, That
the Chairperson and the Commissioners shall be entitled to compensation in accordance with
the Salary Standardization Law.

SECTION 42.         Removal from Office. — Any member of the NCIP may be removed
from office by the President, on his own initiative or upon recommendation by any
indigenous community, before the expiration of his term for cause and after complying with
due process requirement of law.

SECTION 43.         Appointment of Commissioners. — The President shall appoint the seven
(7) Commissioners of the NCIP within ninety (90) days from the effectivity of this Act.

SECTION 44.         Powers and Functions. — To accomplish its mandate, the NCIP shall
have the following powers, jurisdiction and function:

a)              To serve as the primary government agency through which ICCs/IPs can seek
government assistance and as the medium, through which such assistance may be extended;

b)              To review and assess the conditions of ICCs/IPs including existing laws and
policies pertinent thereto and to propose relevant laws and policies to address their role in
national development;

c)              To formulate and implement policies, plans, programs and projects for the
economic, social and cultural development of the ICCs/IPs and to monitor the
implementation thereof;

d)              To request and engage the services and support of experts from other agencies of
government or employ private experts and consultants as may be required in the pursuit of its
objectives;

e)              To issue certificate of ancestral land/domain title;

f)               Subject to existing laws, to enter into contracts, agreements, or arrangement, with
government or private agencies or entities as may be necessary to attain the objectives of this
Act, and subject to the approval of the President, to obtain loans from government lending
institutions and other lending institutions to finance its programs;

g)              To negotiate for funds and to accept grants, donations, gifts and/or properties in
whatever form and from whatever source, local and international, subject to the approval of
the President of the Philippines, for the benefit of ICCs/IPs and administer the same in
accordance with the terms thereof; or in the absence of any condition, in such manner
consistent with the interest of ICCs/IPs as well as existing laws;

h)              To coordinate development programs and projects for the advancement of the
ICCs/IPs and to oversee the proper implementation thereof;

i)               To convene periodic conventions or assemblies of IPs to review, assess as well as

propose policies or plans;

j)               To advise the President of the Philippines on all matters relating to the ICCs/IPs
and to submit within sixty (60) days after the close of each calendar year, a report of its
operations and achievements;

k)              To submit to Congress appropriate legislative proposals intended to carry out the
policies under this Act;
l)               To prepare and submit the appropriate budget to the Office of the President;

m)            To issue appropriate certification as a pre-condition to the grant of permit, lease,

grant, or any other similar authority for the disposition, utilization, management and
appropriation by any private individual, corporate entity or any government agency,
corporation or subdivision thereof on any part or portion of the ancestral domain taking into
consideration the consensus approval of the ICCs/IPs concerned;

n)              To decide all appeals from the decisions and acts of all the various offices within
the Commission;

o)              To promulgate the necessary rules and regulations for the implementation of this
Act;

p)              To exercise such other powers and functions as may be directed by the President
of the Republic of the Philippines; and

q)              To represent the Philippine ICCs/IPs in all international conferences and

conventions dealing with indigenous peoples and other related concerns.

SECTION 45.         Accessibility and Transparency. — Subject to such limitations as may be

provided by law or by rules and regulations promulgated pursuant thereto, all official records,
documents and papers pertaining to official acts, transactions or decisions, as well as research
data used as basis for policy development of the Commission shall be made accessible to the
public.

SECTION 46.         Offices within the NCIP. — The NCIP shall have the following offices
which shall be responsible for the implementation of the policies hereinafter provided:

a)              Ancestral Domains Office — The Ancestral Domain Office shall be responsible
for the identification, delineation and recognition of ancestral lands/domains. It shall also be
responsible for the management of ancestral lands/domains in accordance with a master plan
as well as the implementation of the ancestral domain rights of the ICCs/IPs as provided in
Chapter III of this Act. It shall also issue, upon the free and prior informed consent of the
ICCs/IPs concerned, certification prior to the grant of any license, lease or permit for the
exploitation of natural resources affecting the interests of ICCs/IPs or their ancestral domains
and to assist the ICCs/IPs in protecting the territorial integrity of all ancestral domains. It
shall likewise perform such other functions as the Commission may deem appropriate and
necessary;

b)              Office on Policy, Planning and Research — The Office on Policy, Planning and
Research shall be responsible for the formulation of appropriate policies and programs for
ICCs/IPs such as, but not limited to, the development of a Five-Year Master Plan for the
ICCs/IPs. Such plan shall undergo a process such that every five years, the Commission shall
endeavor to assess the plan and make ramifications in accordance with the changing
situations. The Office shall also undertake the documentation of customary law and shall
establish and maintain a Research Center that would serve as a depository of ethnographic
information for monitoring, evaluation and policy formulation. It shall assist the legislative
branch of the national government in the formulation of appropriate legislation benefiting
ICCs/IPs;
c)              Office of Education, Culture and Health — The Office on Culture, Education and
Health shall be responsible for the effective implementation of the education, cultural and
related rights as provided in this Act. It shall assist, promote and support community schools,
both formal and non-formal, for the benefit of the local indigenous community, especially in
areas where existing educational facilities are not accessible to members of the indigenous
group. It shall administer all scholarship programs and other educational rights intended for
ICC/IP beneficiaries in coordination with the Department of Education, Culture and Sports
and the Commission on Higher Education. It shall undertake, within the limits of available
appropriation, a special program which includes language and vocational training, public
health and family assistance program and related subjects.

It shall also identify ICCs/IPs with potential training in the health profession and encourage
and assist them to enroll in schools of medicine, nursing, physical therapy and other allied
courses pertaining to the health profession.

Towards this end, the NCIP shall deploy a representative in each of the said offices who shall
personally perform the foregoing task and who shall receive complaints from the ICCs/IPs
and compel action from appropriate agency. It shall also monitor the activities of the National
Museum and other similar government agencies generally intended to manage and preserve
historical and archeological artifacts of the ICCs/IPs and shall be responsible for the
implementation of such other functions as the NCIP may deem appropriate and necessary;

d)              Office on Socio-Economic Services and Special Concerns — The Office on Socio-
Economic Services and Special Concerns shall serve as the Office through which the NCIP
shall coordinate with pertinent government agencies specially charged with the
implementation of various basic socio-economic services, policies, plans and programs
affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them. It
shall also be responsible for such other functions as the NCIP may deem appropriate and
necessary;

e)              Office of Empowerment and Human Rights — The Office of Empowerment and
Human Rights shall ensure that indigenous socio-political, cultural and economic rights are
respected and recognized. It shall ensure that capacity building mechanisms are instituted and
ICCs/IPs are afforded every opportunity, if they so choose, to participate in all levels of
decision-making. It shall likewise ensure that the basic human rights, and such other rights as
the NCIP may determine, subject to existing laws, rules and regulations, are protected and
promoted;

f)               Administrative Office — The Administrative Office shall provide the NCIP with
economical, efficient and effective services pertaining to personnel, finance, records,
equipment, security, supplies and related services. It shall also administer the Ancestral
Domains Fund; and

g)              Legal Affairs Office — There shall be a Legal Affairs Office which shall advice
the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for
providing ICCs/IPs with legal assistance in litigation involving community interest. It shall
conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs against a
natural or juridical person believed to have violated ICCs/IPs rights. On the basis of its
findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP.
SECTION 47.         Other Offices. — The NCIP shall have the power to create additional
offices as it may deem necessary subject to existing rules and regulations.

SECTION 48.         Regional and Field Offices. — Existing regional and field offices shall
remain to function under the strengthened organizational structure of the NCIP. Other field
offices shall be created wherever appropriate and the staffing pattern thereof shall be
determined by the NCIP: Provided, That in provinces where there are ICCs/IPs but without
field offices, the NCIP shall establish field offices in said provinces.

SECTION 49.         Office of the Executive Director. — The NCIP shall create the Office of
the Executive Director which shall serve as its secretariat. The Office shall be headed by an
Executive Director who shall be appointed by the President of the Republic of the Philippines
upon recommendation of the NCIP on a permanent basis. The staffing pattern of the office
shall be determined by the NCIP subject to the existing rules and regulations.

SECTION 50.         Consultative Body. — A body consisting of the traditional leaders, elders
and representatives from the women and youth sectors of the different ICCs/IPs shall be
constituted by the NCIP from time to time to advise it on matters relating to the problems,
aspirations and interests of the ICCs/IPs.

CHAPTER VIII

Delineation and Recognition of Ancestral Domains

SECTION 51.         Delineation and Recognition of Ancestral Domains. — Self-delineation

shall be the guiding principle in the identification and delineation of ancestral domains. As
such, the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto.
The Sworn Statement of the Elders as to the scope of the territories and agreements/pacts
made with neighboring ICCs/IPs, if any, will be essential to the determination of these
traditional territories. The Government shall take the necessary steps to identify lands which
the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights
of ownership and possession thereto. Measures shall be taken in appropriate cases to
safeguard the right of the ICCs/IPs concerned to land which may no longer be exclusively
occupied by them, but to which they have traditionally had access for their subsistence and
traditional activities, particularly of ICCs/IPs who are still nomadic and/or shifting
cultivators.

SECTION 52.         Delineation Process. — The identification and delineation of ancestral

domains shall be done in accordance with the following procedures:

a)              Ancestral Domains Delineated Prior to this Act. — The provisions hereunder shall
not apply to ancestral domains/lands already delineated according to DENR Administrative
Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any other
community/ancestral domain program prior to the enactment of this law. ICCs/IPs whose
ancestral lands/domains were officially delineated prior to the enactment of this law shall
have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT)
over the area without going through the process outlined hereunder;
b)              Petition for Delineation. — The process of delineating a specific perimeter may be
initiated by the NCIP with the consent of the ICC/IP concerned, or through a Petition for
Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs;

c)              Delineation Proper. — The official delineation of ancestral domain boundaries

including census of all community members therein, shall be immediately undertaken by the
Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned.
Delineation will be done in coordination with the community concerned and shall at all times
include genuine involvement and participation by the members of the communities
concerned;

d)              Proof Required. — Proof of Ancestral Domain Claims shall include the testimony
of elders or community under oath, and other documents directly or indirectly attesting to the
possession or occupation of the area since time immemorial by such ICCs/IPs in the concept
of owners which shall be any one (1) of the following authentic documents:

1)              Written accounts of the ICCs/IPs customs and traditions;

2)              Written accounts of the ICCs/IPs political structure and institution;

3)              Pictures showing long term occupation such as those of old improvements, burial
grounds, sacred places and old villages;

4)              Historical accounts, including pacts and agreements concerning boundaries

entered into by the ICCs/IPs concerned with other ICCs/IPs;

5)              Survey plans and sketch maps;

6)              Anthropological data;

7)              Genealogical surveys;

8)              Pictures and descriptive histories of traditional communal forests and hunting
grounds;

9)              Pictures and descriptive histories of traditional landmarks such as mountains,

rivers, creeks, ridges, hills, terraces and the like; and

10)           Write-ups of names and places derived from the native dialect of the community.

e)              Preparation of Maps. — On the basis of such investigation and the findings of fact
based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter map,
complete with technical descriptions, and a description of the natural features and landmarks
embraced therein;

f)               Report of Investigation and Other Documents. — A complete copy of the

preliminary census and a report of investigation, shall be prepared by the Ancestral Domains
Office of the NCIP;
g)              Notice and Publication. — A copy of each document, including a translation in the
native language of the ICCs/IPs concerned shall be posted in a prominent place therein for at
least fifteen (15) days. A copy of the document shall also be posted at the local, provincial
and regional offices of the NCIP, and shall be published in a newspaper of general circulation
once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto
within fifteen (15) days from date of such publication: Provided, That in areas where no such
newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, further,
That mere posting shall be deemed sufficient if both newspaper and radio station are not
available;

h)              Endorsement to NCIP. — Within fifteen (15) days from publication, and of the
inspection process, the Ancestral Domains Office shall prepare a report to the NCIP
endorsing a favorable action upon a claim that is deemed to have sufficient proof. However,
if the proof is deemed insufficient, the Ancestral Domains Office shall require the submission
of additional evidence: Provided, That the Ancestral Domains Office shall reject any claim
that is deemed patently false or fraudulent after inspection and verification: Provided, further,
That in case of rejection, the Ancestral Domains Office shall give the applicant due notice,
copy furnished all concerned, containing the grounds for denial. The denial shall be
appealable to the NCIP: Provided, furthermore, That in cases where there are conflicting
claims among ICCs/IPs on the boundaries of ancestral domain claims, the Ancestral Domains
Office shall cause the contending parties to meet and assist them in coming up with a
preliminary resolution of the conflict, without prejudice to its full adjudication according to
the section below.

i)               Turnover of Areas Within Ancestral Domains Managed by Other Government

Agencies. — The Chairperson of the NCIP shall certify that the area covered is an ancestral
domain. The secretaries of the Department of Agrarian Reform, Department of Environment
and Natural Resources, Department of the Interior and Local Government, and Department of
Justice, the Commissioner of the National Development Corporation, and any other
government agency claiming jurisdiction over the area shall be notified thereof. Such
notification shall terminate any legal basis for the jurisdiction previously claimed;

j)               Issuance of CADT . — ICCs/IPs whose ancestral domains have been officially
delineated and determined by the NCIP shall be issued a CADT in the name of the
community concerned, containing a list of all those identified in the census; and

k)              Registration of CADTs. — The NCIP shall register issued certificates of ancestral
domain titles and certificates of ancestral lands titles before the Register of Deeds in the place
where the property is situated.

SECTION 53.         Identification, Delineation and Certification of Ancestral Lands. —

a)              The allocation of lands within any ancestral domain to individual or indigenous
corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in
accordance with customs and traditions;

b)              Individual and indigenous corporate claimants of ancestral lands which are not
within ancestral domains, may have their claims officially established by filing applications
for the identification and delineation of their claims with the Ancestral Domains Office. An
individual or recognized head of a family or clan may file such application in his behalf or in
behalf of his family or clan, respectively;

c)              Proofs of such claims shall accompany the application form which shall include
the testimony under oath of elders of the community and other documents directly or
indirectly attesting to the possession or occupation of the areas since time immemorial by the
individual or corporate claimants in the concept of owners which shall be any of the authentic
documents enumerated under Sec. 52 (d) of this Act, including tax declarations and proofs of
payment of taxes;

d)              The Ancestral Domains Office may require from each ancestral claimant the
submission of such other documents, Sworn Statements and the like, which in its opinion,
may shed light on the veracity of the contents of the application/claim;

e)              Upon receipt of the applications for delineation and recognition of ancestral land
claims, the Ancestral Domains Office shall cause the publication of the application and a
copy of each document submitted including a translation in the native language of the
ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A copy of the
document shall also be posted at the local, provincial, and regional offices of the NCIP and
shall be published in a newspaper of general circulation once a week for two (2) consecutive
weeks to allow other claimants to file opposition thereto within fifteen (15) days from the
date of such publication: Provided, That in areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting
shall be deemed sufficient if both newspapers and radio station are not available;

f)               Fifteen (15) days after such publication, the Ancestral Domains Office shall
investigate and inspect each application, and if found to be meritorious, shall cause a
parcellary survey of the area being claimed. The Ancestral Domains Office shall reject any
claim that is deemed patently false or fraudulent after inspection and verification. In case of
rejection, the Ancestral Domains Office shall give the applicant due notice, copy furnished all
concerned, containing the grounds for denial. The denial shall be appealable to the NCIP. In
case of conflicting claims among individuals or indigenous corporate claimants, the Ancestral
Domains Office shall cause the contending parties to meet and assist them in coming up with
a preliminary resolution of the conflict, without prejudice to its full adjudication according to
Sec. 62 of this Act. In all proceedings for the identification or delineation of the ancestral
domains as herein provided, the Director of Lands shall represent the interest of the Republic
of the Philippines; and

g)              The Ancestral Domains Office shall prepare and submit a report on each and every
application surveyed and delineated to the NCIP, which shall, in turn, evaluate the report
submitted. If the NCIP finds such claim meritorious, it shall issue a certificate of ancestral
land, declaring and certifying the claim of each individual or corporate (family or clan)
claimant over ancestral lands.

SECTION 54.         Fraudulent Claims. — The Ancestral Domains Office may, upon written
request from the ICCs/IPs, review existing claims which have been fraudulently acquired by
any person or community. Any claim found to be fraudulently acquired by, and issued to, any
person or community may be cancelled by the NCIP after due notice and hearing of all
parties concerned.
SECTION 55.         Communal Rights. — Subject to Section 56 hereof, areas within the
ancestral domains, whether delineated or not, shall be presumed to be communally held:
Provided, That communal rights under this Act shall not be construed as co-ownership as
provided in Republic Act No. 386, otherwise known as the New Civil Code.

SECTION 56.         Existing Property Rights Regimes. — Property rights within the ancestral
domains already existing and/or vested upon effectivity of this Act, shall be recognized and
respected.

SECTION 57.         Natural Resources within Ancestral Domains. — The ICCs/IPs shall have
priority rights in the harvesting, extraction, development or exploitation of any natural
resources within the ancestral domains. A non-member of the ICCs/IPs concerned may be
allowed to take part in the development and utilization of the natural resources for a period of
not exceeding twenty-five (25) years renewable for not more than twenty-five (25) years:
Provided, That a formal and written agreement is entered into with the ICCs/IPs concerned or
that the community, pursuant to its own decision making process, has agreed to allow such
operation: Provided, finally, That the NCIP may exercise visitorial powers and take
appropriate action to safeguard the rights of the ICCs/IPs under the same contract.

SECTION 58.         Environmental Considerations. — Ancestral domains or portions thereof,

which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries,
wilderness, protected areas, forest cover, or reforestation as determined by appropriate
agencies with the full participation of the ICCs/IPs concerned shall be maintained, managed
and developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to
maintain, develop, protect and conserve such areas with the full and effective assistance of
government agencies. Should the ICCs/IPs decide to transfer the responsibility over the areas,
said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in
accordance with its customary laws without prejudice to the basic requirements of existing
laws on free and prior informed consent: Provided, That the transfer shall be temporary and
will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer:
Provided, further, That no ICCs/IPs shall be displaced or relocated for the purpose
enumerated under this section without the written consent of the specific persons authorized
to give consent.

SECTION 59.         Certification Precondition. — All departments and other governmental

agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any
concession, license or lease, or entering into any production-sharing agreement, without prior
certification from the NCIP that the area affected does not overlap with any ancestral domain.
Such certification shall only be issued after a field-based investigation is conducted by the
Ancestral Domains Office of the area concerned: Provided, That no certification shall be
issued by the NCIP without the free and prior informed and written consent of ICCs/IPs
concerned: Provided, further, That no department, government agency or government-owned
or -controlled corporation may issue new concession, license, lease, or production sharing
agreement while there is a pending application for a CADT: Provided, finally, That the
ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that
has not satisfied the requirement of this consultation process.

SECTION 60.         Exemption from Taxes. — All lands certified to be ancestral domains
shall be exempt from real property taxes, special levies, and other forms of exaction except
such portion of the ancestral domains as are actually used for large-scale agriculture,
commercial forest plantation and residential purposes or upon titling by private persons:
Provided, That all exactions shall be used to facilitate the development and improvement of
the ancestral domains.

SECTION 61.         Temporary Requisition Powers. — Prior to the establishment of an

institutional surveying capacity whereby it can effectively fulfill its mandate, but in no case
beyond three (3) years after its creation, the NCIP is hereby authorized to request the
Department of Environment and Natural Resources (DENR) survey teams as well as other
equally capable private survey teams, through a Memorandum of Agreement (MOA), to
delineate ancestral domain perimeters. The DENR Secretary shall accommodate any such
request within one (1) month of its issuance: Provided, That the Memorandum of Agreement
shall stipulate, among others, a provision for technology transfer to the NCIP.

SECTION 62.         Resolution of Conflicts. — In cases of conflicting interest, where there

are adverse claims within the ancestral domains as delineated in the survey plan, and which
can not be resolved, the NCIP shall hear and decide, after notice to the proper parties, the
disputes arising from the delineation of such ancestral domains: Provided, That if the dispute
is between and/or among ICCs/IPs regarding the traditional boundaries of their respective
ancestral domains, customary process shall be followed. The NCIP shall promulgate the
necessary rules and regulations to carry out its adjudicatory functions: Provided, further, That
any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any
matter pertaining to the application, implementation, enforcement and interpretation of this
Act may be brought for Petition for Review to the Court of Appeals within fifteen (15) days
from receipt of a copy thereof.

SECTION 63.         Applicable Laws. — Customary laws, traditions and practices of the
ICCs/IPs of the land where the conflict arises shall be applied first with respect to property
rights, claims and ownerships, hereditary succession and settlement of land disputes. Any
doubt or ambiguity in the application and interpretation of laws shall be resolved in favor of
the ICCs/IPs.

SECTION 64.         Remedial Measures. — Expropriation may be resorted to in the resolution

of conflicts of interest following the principle of the “common good”. The NCIP shall take
appropriate legal action for the cancellation of officially documented titles which were
acquired illegally: Provided, That such procedure shall ensure that the rights of possessors in
good faith shall be respected: Provided, further, That the action for cancellation shall be
initiated within two (2) years from the effectivity of this Act: Provided, finally, That the
action for reconveyance shall be within a period of ten (10) years in accordance with existing
laws.

CHAPTER IX

Jurisdiction and Procedures for Enforcement of Rights

SECTION 65.         Primacy of Customary Laws and Practices. — When disputes involve
ICCs/IPs, customary laws and practices shall be used to resolve the dispute.

SECTION 66.         Jurisdiction of the NCIP. — The NCIP, through its regional offices, shall
have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Provided,
however, That no such dispute shall be brought to the NCIP unless the parties have exhausted
all remedies provided under their customary laws. For this purpose, a certification shall be
issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute
that the same has not been resolved, which certification shall be a condition precedent to the
filing of a petition with the NCIP.

SECTION 67.         Appeals to the Court of Appeals. — Decisions of the NCIP shall be
appealable to the Court of Appeals by way of a petition for review.

SECTION 68.         Execution of Decisions, Awards, Orders. — Upon expiration of the

period herein provided and no appeal is perfected by any of the contending parties, the
Hearing 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.

SECTION 69.         Quasi-Judicial Powers of the NCIP. — The NCIP shall have the power
and authority:

a)              To promulgate rules and regulations governing the hearing and disposition of cases
filed before it as well as those pertaining to its internal functions and such rules and
regulations as may be necessary to carry out the purposes of this Act;

b)              To administer oaths, summon the parties to a controversy, issue subpoenas

requiring the attendance and testimony of witnesses or the production of such books, papers,
contracts, records, agreements and other document of similar nature as may be material to a
just determination of the matter under investigation or hearing conducted in pursuance of this
Act;

c)              To hold any person in contempt, directly or indirectly, and impose appropriate
penalties therefor; and

d)              To enjoin any or all acts involving or arising from any case pending before it
which, if not restrained forthwith, may cause grave or irreparable damage to any of the
parties to the case or seriously affect social or economic activity.

SECTION 70.         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 duly authorized or designated offices in any case,
dispute or controversy arising from, necessary to, or interpretation of this Act and other
pertinent laws relating to ICCs/IPs and ancestral domains.

CHAPTER X

Ancestral Domains Fund

SECTION 71.         Ancestral Domains Fund. — There is hereby created a special fund, to be
known as the Ancestral Domains Fund, an initial amount of One hundred thirty million pesos
(P130,000,000) to cover compensation for expropriated lands, delineation and development
of ancestral domains. An amount of Fifty million pesos (P50,000,000) shall be sourced from
the gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto
operation, Ten million pesos (P10,000,000) from the gross receipts of the travel tax of the
preceding year, the fund of the Social Reform Council intended for survey and delineation of
ancestral lands/domains, and such other source as the government may deem appropriate.
Thereafter, such amount shall be included in the annual General Appropriations Act. Foreign
as well as local funds which are made available for the ICCs/IPs through the government of
the Philippines shall be coursed through the NCIP. The NCIP may also solicit and receive
donations, endowments and grants in the form of contributions, and such endowments shall
be exempted from income or gift taxes and all other taxes, charges or fees imposed by the
government or any political subdivision or instrumentality thereof.

CHAPTER XI

Penalties

SECTION 72.         Punishable Acts and Applicable Penalties. — Any person who commits
violation of any of the provisions of this Act, such as, but not limited to, unauthorized and/or
unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or
shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section
33, Chapter VI hereof, shall be punished in accordance with the customary laws of the
ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman
punishment: Provided, further, That neither shall the death penalty or excessive fines be
imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the
protection of existing laws. In which case, any person who violates any provision of this Act
shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not
more than twelve (12) years or a fine of not less than One hundred thousand pesos
(P100,000) nor more than Five hundred thousand pesos (P500,000) or both such fine and
imprisonment upon the discretion of the court. In addition, he shall be obliged to pay to the
ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence
of the unlawful act.

SECTION 73.         Persons Subject to Punishment. — If the offender is a juridical person, all
officers such as, but not limited to, its president, manager, or head of office responsible for
their unlawful act shall be criminally liable therefor, in addition to the cancellation of
certificates of their registration and/or license: Provided, That if the offender is a public
official, the penalty shall include perpetual disqualification to hold public office.

CHAPTER XII

Merger of the Office for Northern Cultural Communities (ONCC) and the Office for
Southern Cultural Communities (OSCC)

SECTION 74.         Merger of ONCC/OSCC. — The Office for Northern Cultural

Communities (ONCC) and the Office of Southern Cultural Communities (OSCC), created
under Executive Order Nos. 122-B and 122-C respectively, are hereby merged as organic
offices of the NCIP and shall continue to function under a revitalized and strengthened
structures to achieve the objectives of the NCIP: Provided, That the positions of Staff
Directors, Bureau Directors, Deputy Executive Directors and Executive Directors, except
positions of Regional Directors and below, are hereby phased-out upon the effectivity of this
Act: Provided, further, That officials and employees of the phased-out offices who may be
qualified may apply for reappointment with the NCIP and may be given prior rights in the
filling up of the newly created positions of NCIP, subject to the qualifications set by the
Placement Committee: Provided, furthermore, That in the case where an indigenous person
and a non-indigenous person with similar qualifications apply for the same position, priority
shall be given to the former. Officers and employees who are to be phased-out as a result of
the merger of their offices shall be entitled to gratuity a rate equivalent to one and a half (1 ½)
months salary for every year of continuous and satisfactory service rendered or the equivalent
nearest fraction thereof favorable to them on the basis of the highest salary received. If they
are already entitled to retirement or gratuity, they shall have the option to select either such
retirement benefits or the gratuity herein provided. Officers and employees who may be
reinstated shall refund such retirement benefits or gratuity received: Provided, finally, That
absorbed personnel must still meet the qualifications and standards set by the Civil Service
and the Placement Committee herein created.

SECTION 75.         Transition Period. — The ONCC/OSCC shall have a period of six (6)
months from the effectivity of this Act within which to wind up its affairs and to conduct
audit of its finances.

SECTION 76.         Transfer of Assets/Properties. — All real and personal properties which
are vested in, or belonging to, the merged offices as aforestated shall be transferred to the
NCIP without further need of conveyance, transfer or assignment and shall be held for the
same purpose as they were held by the former offices: Provided, That all contracts, records
and documents relating to the operations of the merged offices shall be transferred to the
NCIP. All agreements and contracts entered into by the merged offices shall remain in full
force and effect unless otherwise terminated, modified or amended by the NCIP.

SECTION 77.         Placement Committee. — Subject to rules on government reorganization,

a Placement Committee shall be created by the NCIP, in coordination with the Civil Service
Commission, which shall assist in the judicious selection and placement of personnel in order
that the best qualified and most deserving persons shall be appointed in the reorganized
agency. The Placement Committee shall be composed of seven (7) commissioners and an
ICCs’/IPs’ representative from each of the first and second level employees association in the
Offices for Northern and Southern Cultural Communities (ONCC/OSCC), nongovernment
organizations (NGOs) who have served the community for at least five (5) years and peoples
organizations (POs) with at least five (5) years of existence. They shall be guided by the
criteria of retention and appointment to be prepared by the consultative body and by the
pertinent provisions of the civil service law.

CHAPTER XIII

Final Provisions

SECTION 78.         Special Provision. — The City of Baguio shall remain to be governed by
its Charter and all lands proclaimed as part of its townsite reservation shall remain as such
until otherwise reclassified by appropriate legislation: Provided, That prior land rights and
titles recognized and/or acquired through any judicial, administrative or other processes
before the effectivity of this Act shall remain valid: Provided, further, That this provision
shall not apply to any territory which becomes part of the City of Baguio after the effectivity
of this Act.

SECTION 79.         Appropriations. — The amount necessary to finance the initial

implementation of this Act shall be charged against the current year’s appropriation of the
ONCC and the OSCC. Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act.

SECTION 80.         Implementing Rules and Regulations. — Within sixty (60) days
immediately after appointment, the NCIP shall issue the necessary rules and regulations, in
consultation with the Committees on National Cultural Communities of the House of
Representatives and the Senate, for the effective implementation of this Act.

SECTION 81.         Saving Clause. — This Act will not in any manner adversely affect the
rights and benefits of the ICCs/IPs under other conventions, recommendations, international
treaties, national laws, awards, customs and agreements.

SECTION 82.         Separability Clause. — In case any provision of this Act or any portion
thereof is declared unconstitutional by a competent court, other provisions shall not be
affected thereby.

SECTION 83.         Repealing Clause. — Presidential Decree No. 410, Executive Order Nos.
122-B and 122-C, and all other laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 84.         Effectivity. — This Act shall take effect fifteen (15) days upon its
publication in the Official Gazette or in any two (2) newspapers of general circulation.