October 29, 1997

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". 
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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;  cdrep

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;  aisadc
 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 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: 
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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.  cd

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.  cdrep

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: cdrep

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  cdasia

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;  cdrep
 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;  cd

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.  cdrep

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. 
cdrep

Approved: October 29, 1997

Published in Malaya and Manila Chronicle on November 7, 1997.
Published in the Official Gazette, Vol. 94 No. 13 page 2276 on March 30, 1998.
 (The Indigenous Peoples' Rights Act of 1997, Republic Act No. 8371, [October
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29, 1997])