Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress
Republic Act No. 8371

October 29, 1997

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF

INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLE,
CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE,
ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
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 distinctions or discriminations;
e) The State shall take measures, with the participation of the ICCs/IPs
concerned, to protect their rights and guarantee respect for their cultural
integrity, and to ensure that members of the ICCs/IPs benefit on an

equal footing from the rights and opportunities which national laws and
regulations grant to other members of the population and
f) The State recognizes its obligations to respond to the strong expression
of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP
participation in the direction of education, health, as well as other
services of ICCs/IPs, in order to render such services more responsive to
the needs and desires of these communities.
Towards these ends, the State shall institute and establish the necessary
mechanisms to enforce and guarantee the realization of these rights, taking
into consideration their customs, traditions, values, beliefs, their rights to their
ancestral domains.
CHAPTER 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, themselves or through their
ancestors, communally or individually since time immemorial,
continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered into by
government and private individuals, corporations, and which are
necessary to ensure their economic, social and cultural welfare. It shall
include ancestral land, forests, pasture, residential, agricultural, and
other lands individually owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds, worship areas, bodies of
water, mineral and other natural resources, and lands which may no
longer be exclusively occupied by ICCs/IPs but from which their
traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators;
b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied,
possessed and utilized by individuals, families and clans who are
members of the ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or
traditional group ownership,continuously, to the present except when
interrupted by war, force majeure or displacement by force, deceit,
stealth, or as a consequence of government projects and other voluntary
dealings
entered
into
by
government
and
private
individuals/corporations, including, but not limited to, residential lots,
rice terraces or paddies, private forests, swidden farms and tree lots;

c) Certificate of Ancestral Domain Title - refers to a title formally

recognizing the rights of possession and ownership of ICCs/IPs over their
ancestral domains identified and delineated in accordance with this law;
d) Certificate of Ancestral Lands Title - refers to a title formally recognizing
the rights of ICCs/IPs over their ancestral lands;
e) Communal Claims - refer to claims on land, resources and rights
thereon, belonging to the whole community within a defined territory
f) Customary Laws - refer to a body of written and/or unwritten rules,
usages, customs and practices traditionally and continually recognized,
accepted and observed by respective ICCs/IPs;
g) Free and Prior Informed Consent - as used in this Act shall mean the
consensus of all members of the ICCs/IPs to; be determined in
accordance with their respective customary laws and practices, free from
any external manipulation, interference and coercion, and obtained after
fully disclosing the intent and scope of the activity, in a language an
process understandable to the community;
h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group
of people or homogenous societies identified by self-ascription and
ascription by other, who have continuously lived as organized community
on communally bounded and defined territory, and who have, under
claims of ownership since time immemorial, occupied, possessed
customs, tradition and other distinctive cultural traits, or who have,
through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and culture, became historically
differentiated from the majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as indigenous on account of their
descent from the populations which inhabited the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous
religions and cultures, or the establishment of present state boundaries,
who retain some or all of their own social, economic, cultural and
political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral
domains;
i) Indigenous Political Structure - refer to organizational and cultural
leadership systems, institutions, relationships, patterns and processed
for decision-making and participation, identified by ICCs/IPs such as,
but not limited to, Council of Elders, Council of Timuays, Bodong Holder,
or any other tribunal or body of similar nature;
j) Individual Claims - refer to claims on land and rights thereon which
have been devolved to individuals, families and clans including, but not
limited to, residential lots, rice terraces or paddies and tree lots;

k) National Commission on Indigenous Peoples (NCIP) - refers to the office

created under this Act, which shall be under the Office of the President,
and which shall be the primary government agency responsible for the
formulation and implementation of policies, plans and programs to
recognize, protect and promote the rights of ICCs/IPs;
l) Native Title - refers to pre-conquest rights to lands and domains which,
as far back as memory reaches, have been held under a claim of private
ownership by ICCs/IPs, have never been public lands and are thus
indisputably presumed to have been held that way since before the
Spanish Conquest;
m) Nongovernment Organization - refers to a private, nonprofit voluntary
organization that has been organized primarily for the delivery of various
services to the ICCs/IPs and has an established track record for
effectiveness and acceptability in the community where it serves;
n) People's Organization - refers to a private, nonprofit voluntary
organization of members of an ICC/IP which is accepted as
representative of such ICCs/IPs;
o) Sustainable Traditional Resource Rights - refer to the rights of ICCs/IPs
to sustainably use,manage, protect and conserve a) land, air, water, and
minerals; b) plants, animals and other organisms; c) collecting, fishing
and hunting grounds; d) sacred sites; and e) other areas of economic,
ceremonial and aesthetic value in accordance with their indigenous
knowledge, beliefs, systems and practices; and
p) Time Immemorial - refers to a period of time when as far back as
memory can go, certain ICCs/IPs are known to have occupied, possessed
in the concept of owner, and utilized a defined territory devolved to them,
by operation of customary law or inherited from their ancestors, in
accordance with their customs and traditions.
CHAPTER
RIGHTS TO ANCESTRAL DOMAINS

III

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 area 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 t their ancestral domains shall be recognized and
protected. Such rights shall include:
a. Rights of Ownership.- The right to claim ownership over lands, bodies
of water traditionally and actually occupied by ICCs/IPs, sacred places,
traditional hunting and fishing grounds, and all improvements made by
them at any time within the domains;
b. Right to Develop Lands and Natural Resources. - Subject to Section 56
hereof, right to develop, control and use lands and territories
traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for future
generations; to benefit and share the profits from allocation and
utilization of the natural resources found therein; the right to negotiate
the terms and conditions for the exploration of natural resources in the
areas for the purpose of ensuring ecological, environmental protection
and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the
formulation and implementation of any project, government or private,
that will affect or impact upon the ancestral domains and to receive just
and fair compensation for any damages which they sustain as a result of
the project; and the right to effective measures by the government to
prevent any interfere with, alienation and encroachment upon these
rights;
c. Right to Stay in the Territories- The right to stay in the territory and not
be removed therefrom. No ICCs/IPs will be relocated without their free
and prior informed consent, nor through any means other than eminent
domain. Where relocation is considered necessary as an exceptional
measure, such relocation shall take place only with the free and prior
informed consent of the ICCs/IPs concerned and whenever possible, they
shall be guaranteed the right to return to their ancestral domains, as
soon as the grounds for relocation cease to exist. When such return is
not possible, as determined by agreement or through appropriate
procedures, ICCs/IPs shall be provided in all possible cases with lands of
quality and legal status at least equal to that of the land previously
occupied by them, suitable to provide for their present needs and future
development. Persons thus relocated shall likewise be fully compensated
for any resulting loss or injury;

d. Right in Case of Displacement. - In case displacement occurs as a

result of natural catastrophes, the State shall endeavor to resettle the
displaced ICCs/IPs in suitable areas where they can have temporary life
support system: Provided, That the displaced ICCs/IPs shall have the
right to return to their abandoned lands until such time that the
normalcy and safety of such lands shall be determined: Provided, further,
That should their ancestral domain cease to exist and normalcy and
safety of the previous settlements are not possible, displaced ICCs/IPs
shall enjoy security of tenure over lands to which they have been
resettled: Provided, furthermore, That basic services and livelihood shall
be provided to them to ensure that their needs are adequately addressed:
e. Right to Regulate Entry of Migrants. - Right to regulate the entry of
migrant settlers and organizations into the domains;
f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs
shall have access to integrated systems for the management of their
inland waters and air space;
g. Right to Claim Parts of Reservations. - The right to claim parts of the
ancestral domains which have been reserved for various purposes, except
those reserved and intended for common and public welfare and service;
and
h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance
with customary laws of the area where the land is located, and only in
default thereof shall the complaints be submitted to amicable settlement
and to the Courts of Justice whenever necessary.
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 nonmember 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 herein before enumerated, shall be punishable under this
law. Furthermore, the Government shall take measures to prevent nonICCs/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 individually-owned ancestral
lands who, by themselves or through their predecessors-in -interest, have been
in continuous possession and occupation of the same in the concept of owner
since the immemorial or for a period of not less than thirty (30) years
immediately preceding the approval of this Act and uncontested by the
members of the same ICCs/IPs shall have the option to secure title to their
ancestral lands under the provisions of Commonwealth Act 141, as amended,
or the Land Registration Act 496.
For this purpose, said individually-owned ancestral lands,
agricultural in character and actually used for agricultural,
pasture, and tree farming purposes, including those with a slope
percent (18%) or more, are hereby classified as alienable and
agricultural lands.

which are
residential,
of eighteen
disposable

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. ICCs/IPs to self-governance and

of their values, practices and
guarantee the right of ICCs/IPs
cultural development.

The State recognizes the inherent right of

self-determination and respects the integrity
institutions. Consequently, the State shall
to freely pursue their economic, social and

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 Cordillera to
use the form and content of their ways of life as may be compatible with the
fundamental rights defined in the Constitution of the Republic of the
Philippines and other internationally recognized human rights.
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 of coersion against ICCs/IPs
shall be dealt with by law.
The State shall ensure that the fundamental human rights and freedoms as
enshrined in the Constitution and relevant international instruments are
guaranteed also to indigenous women. Towards this end, no provision in this
Act shall be interpreted so as to result in the diminution of rights and
privileges already recognized and accorded to women under existing laws of
general application.
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 armed forces, and in particular, for the use against other
ICCs/IPs; not recruit children of ICCs/IPs into the armed forces under any
circumstance; nor force indigenous individuals to abandon their lands,
territories and means of subsistence, or relocate them in special centers for
military purposes under any discriminatory condition.
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 as other
occupationally-related benefits, informed of their rights under existing labor
legislation and of means available to them for redress, not subject to any
coercive recruitment systems, including bonded labor and other forms of debt
servitude; and equal treatment in employment for men and women, including
the protection from sexual harassment.

Towards this end, the State shall within the framework of national laws and
regulations, and in cooperation with the ICCs/IPs concerned, adopt special
measures to ensure the effective protection with regard to the recruitment and
conditions of employment of persons belonging to these communities, to the
extent that they are not effectively protected by the laws applicable to workers
in general.
ICCs/IPs shall have the right to association and freedom for all trade union
activities and the right to conclude collective bargaining agreements with
employers' conditions. They shall likewise have the right not to be subject to
working conditions hazardous to their health, particularly through exposure to
pesticides and other toxic substances.
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 ICC/IP have the right to special measures
for the immediate, effective and continuing improvement of their economic and
social conditions, including in the areas of employment, vocational training and
retraining, housing, sanitation, health and social security. Particular attention
shall be paid to the rights and special needs of indigenous women, elderly,
youth, children and differently-abled persons. Accordingly, the State shall
guarantee the right of ICCs/IPs to government 's basic services which shall
include, but not limited to water and electrical facilities, education, health and
infrastructure.
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, 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 the
ICCs/IPs to preserve and protect their culture, traditions and institutions. It
shall consider these rights in the formulation of national plans and policies.
Section 30. Educational Systems. - The State shall provide equal access to
various cultural opportunities to the ICCs/IPs through the educational system,
public or cultural entities, scholarships, grants and other incentives without
prejudice to their right to establish and control their educational systems and
institutions by providing education in their own language, in a manner
appropriate to their cultural methods of teaching and learning. Indigenous
children/youth shall have the right to all levels and forms of education of the
State.
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
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 teach their spiritual and
religious traditions, customs and ceremonies; the right to maintain, protect
and have access to their religious and cultural sites; the right to use and
control of ceremonial object; and the right to the repatriation of human
remains. Accordingly, the State shall take effective measures, in cooperation
with the burial sites, be preserved, respected and protected. To achieve this
purpose, it shall be unlawful to:
a. Explore, excavate or make diggings on archeological sites of the
ICCs/IPs for the purpose of obtaining materials of cultural values
without the free and prior informed consent of the community
concerned; and
b. Deface, remove or otherwise destroy artifacts which are of great
importance to the ICCs/IPs for the preservation of their cultural
heritage.
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 (NCCP). - to carry out the policies herein set forth, there
shall be created the National Commission on ICCs/IPs (NCIP), which shall be
the primary government agency responsible for the formulation and
implementation of policies, plans and programs to promote and protect the
rights and well-being of the ICCs/IPs and the recognition of their ancestral
domains as well as their rights thereto.
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, bonafide
members of ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs
and who have worked for at least ten (10) years with an ICC/IP community
and/or any government agency involved in ICC/IP, at least 35 years of age at
the time of appointment, and must be of proven honesty and integrity:
Provided, That at least two (2) of the seven (7) Commissioners shall be the
members of the Philippine Bar: Provided, further, That the members of the
NCIP shall hold office for a period of three (3) years, and may be subject to reappointment 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, thorough which
such assistance may be extended;
b) To review and assess the conditions of ICCs/IPs including existing
laws and policies pertinent thereto and to propose relevant laws and
policies to address their role in national development;
c) To formulate and implement policies, plans, programs and projects for
the economic, social and cultural development of the ICCs/IPs and to
monitor the implementation thereof;
d) To request and engage the services and support of experts from other
agencies of government or employ private experts and consultants as
may be required in the pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject to existing laws, to enter into contracts, agreements, or
arrangement, with government or private agencies or entities as may be
necessary to attain the objectives of this Act, and subject to the approval
of the President, to obtain loans from government lending institutions
and other lending institutions to finance its programs;
g) To negotiate for funds and to accept grants, donations, gifts and/or
properties in whatever form and from whatever source, local and
international, subject to the approval of the President of the Philippines,
for the benefit of ICCs/IPs and administer the same in accordance with
the terms thereof; or in the absence of any condition, in such manner
consistent with the interest of ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects for the advancement
of the ICCs/IPs and to oversee the proper implementation thereof;
i) To convene periodic conventions or assemblies of IPs to review, assess
as well as propose policies or plans;
j) To advise the President of the Philippines on all matters relating to the
ICCs/IPs and to submit within sixty (60) days after the close of each
calendar year, a report of its operations and achievements;
k) To submit to Congress appropriate legislative proposals intended to
carry out the policies under this Act;

l) To prepare and submit the appropriate budget to the Office of the

President;
m) To issue appropriate certification as a pre-condition to the grant of
permit, lease, grant, or any other similar authority for the disposition,
utilization, management and appropriation by any private individual,
corporate entity or any government agency, corporation or subdivision
thereof on any part or portion of the ancestral domain taking into
consideration the consensus approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions and acts of all the various
offices within the Commission:
o) To promulgate the necessary
implementation of this Act;

rules

and

regulations

for

the

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. Officers within the NCIP. - The NCIP shall have the following
offices which shall be responsible for the implementation of the policies herein
after provided:
a. Ancestral Domains Office - The Ancestral Domain Office shall be
responsible for the identification, delineation and recognition of ancestral
land/domains. It shall also be responsible for the management of
ancestral lands/domains in accordance with the master plans as well as
the implementation of the ancestral domain rights of the ICCs/IPs as
provided in Chapter III of this Act. It shall also issue, upon the free and
prior informed consent of the ICCs/IPs concerned, certification prior to
the grant of any license, lease or permit for the exploitation of natural
resources affecting the interests of ICCs/IPs in protecting the territorial
integrity of all ancestral domains. It shall likewise perform such other
functions as the Commission may deem appropriate and necessary;
b. Office on Policy, Planning and Research - The Office on Policy, Planning
and Research shall be responsible for the formulation of appropriate
policies and programs for ICCs/IPs such as, but not limited to, the
development of a Five-Year Master Plan for the ICCs/IPs. Such plan shall
undergo a process such that every five years, the Commission shall

endeavor to assess the plan and make ramifications in accordance with

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

ICCs/IPs are afforded every opportunity, if they so choose, to participate

in all level decision-making. It shall likewise ensure that the basic
human rights, and such other rights as the NCIP may determine, subject
to existing laws, rules and regulations are protected and promoted;
f. Administrative Office - The Administrative Office shall provide the NCIP
with economical, efficient and effective services pertaining to personnel,
finance, records, equipment, security, supplies, and related services. It
shall also administer the Ancestral Domains Fund; and
g. Legal Affairs Office - There shall be a Legal Affairs Office which shall
advice the NCIP on all legal matters concerning ICCs/IPs and which shall
be responsible for providing ICCs/IPs with legal assistance in litigation
involving community interest. It shall conduct preliminary investigation
on the basis of complaints filed by the ICCs/IPs against a natural or
juridical person believed to have violated ICCs/IPs rights. On the basis of
its findings, it shall initiate the filing of appropriate legal or
administrative action to the NCIP.
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 office shall be created wherever appropriate and the staffing
pattern thereof shall be determined by the NCIP: Provided, That in provinces
where there are ICCs/IPs but without field offices, the NCIP shall establish
field offices in said provinces.
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 the recommendation of the
NCIP on a permanent basis. The staffing pattern of the office shall be
determined by the NCIP subject to existing rules and regulations.
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 the 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. - Selfdelineation shall be guiding principle in the identification and delineation of
ancestral domains. As such, the ICCs/IPs concerned shall have a decisive role
in all the activities pertinent thereto. The Sworn Statement of the Elders as to

the Scope of the territories and agreements/pacts made with neighboring

ICCs/IPs, if any, will be essential to the determination of these traditional
territories. The Government shall take the necessary steps to identify lands
which the ICCs/IPs concerned traditionally occupy and guarantee effective
protection of their rights of ownership and possession thereto. Measures shall
be taken in appropriate cases to safeguard the rights of the ICCs/IPs
concerned to land which may no longer be exclusively occupied by them, but to
which they have traditionally had access for their subsistence and traditional
activities, particularly of ICCs/IPs who are still nomadic and/or shifting
cultivators.
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 his law.
ICCs/IPs enactment of this law shall have the right to apply for the
issuance of a Certificate of Ancestral Domain Title (CADT) over the area
without going through the process outlined hereunder;
b. Petition for Delineation - The process of delineating a specific perimeter
may be initiated by the NCIP with the consent of the ICC/IP concerned,
or through a Petition for Delineation filed with the NCIP, by a majority of
the members of the ICCs/IPs;
c. Delineation Paper - The official delineation of ancestral domain
boundaries including census of all community members therein, shall be
immediately undertaken by the Ancestral Domains Office upon filing of
the application by the ICCs/IPs concerned. Delineation will be done in
coordination with the community concerned and shall at all times
include genuine involvement and participation by the members of the
communities concerned;
d. Proof required - Proof of Ancestral Domain Claims shall include the
testimony of elders or community under oath, and other documents
directly or indirectly attesting to the possession or occupation of the area
since time immemorial by such ICCs/IPs in the concept of owners which
shall be any one (1) of the following authentic documents:
1. Written accounts of the ICCs/IPs customs and traditions;
2. Written accounts of the ICCs/IPs political structure and
institution;
3. Pictures showing long term occupation such as those of old
improvements, burial grounds, sacred places and old villages;

4. Historical accounts, including pacts and agreements concerning

boundaries entered into by the ICCs/IPs concerned with other
ICCs/IPs;
5. Survey plans and sketch maps;
6. Anthropological data;
7. Genealogical surveys;
8. Pictures and descriptive histories of traditional communal
forests and hunting grounds;
9. Pictures and descriptive histories of traditional landmarks such
as mountains, rivers, creeks, ridges, hills, terraces and the like;
and
10. Write-ups of names and places derived from the native dialect
of the community.
e. Preparation of Maps - On the basis of such investigation and the
findings of fact based thereon, the Ancestral Domains Office of the NCIP
shall prepare a perimeter map, complete with technical descriptions, and
a description of the natural features and landmarks embraced therein;
f. Report of Investigation and Other Documents - A complete copy of the
preliminary census and a report of investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;
g. Notice and Publication - A copy of each document, including a
translation in the native language of the ICCs/IPs concerned shall be
posted in a prominent place therein for at least fifteen (15) days. A copy
of the document shall also be posted at the local, provincial and regional
offices of the NCIP, and shall be published in a newspaper of general
circulation once a week for two (2) consecutive weeks to allow other
claimants to file opposition thereto within fifteen (15) days from the date
of such publication: Provided, That in areas where no such newspaper
exists, broadcasting in a radio station will be a valid substitute: Provided,
further, That mere posting shall be deemed sufficient if both newspaper
and radio station are not available;
h. Endorsement to NCIP - Within fifteen (15) days from publication, and of
the inspection process, the Ancestral Domains Office shall prepare a
report to the NCIP endorsing a favorable action upon a claim that is
deemed to have sufficient proof. However, if the proof is deemed
insufficient, the Ancestral Domains Office shall require the submission of
additional evidence: Provided, That the Ancestral Domains Office shall
reject any claim that is deemed patently false or fraudulent after
inspection and verification: Provided, further, That in case of rejection,
the Ancestral Domains Office shall give the applicant due notice, copy

furnished all concerned, containing the grounds for denial. The denial
shall be appealable to the NCIP: Provided, furthermore, That in cases
where there are conflicting claims, the Ancestral Domains Office shall
cause the contending parties to meet and assist them in coming up with
a preliminary resolution of the conflict, without prejudice to its full
adjudication according to the selection below.
i. Turnover of Areas Within Ancestral Domains Managed by Other
Government Agencies - The Chairperson of the NCIP shall certify that the
area covered is an ancestral domain. The secretaries of the Department
of Agrarian Reform, Department of Environment and Natural Resources,
Department of the Interior and Local Government, and Department of
Justice, the Commissioner of the National Development Corporation, and
any other government agency claiming jurisdiction over the area shall be
notified thereof. Such notification shall terminate any legal basis for the
jurisdiction previously claimed;
j. Issuance of CADT - ICCs/IPs whose ancestral domains have been
officially delineated and determined by the NCIP shall be issued a CADT
in the name of the community concerned, containing a list of all those
identified in the census; and
k. Registration of CADTs - The NCIP shall register issued certificates of
ancestral domain titles and certificates of ancestral lands titles before the
Register of Deeds in the place where the property is situated.
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 individual or indigenous corporate claimants, the Ancestral
domains Office shall cause the contending parties to meet and assist
them in coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to Sec. 62 of this Act. In all
proceedings for the identification or delineation of the ancestral domains
as herein provided, the Director of Lands shall represent the interest of
the Republic of the Philippines; and
g. The Ancestral Domains Office shall prepare and submit a report on
each and every application surveyed and delineated to the NCIP, which
shall, in turn, evaluate or corporate (family or clan) claimant over
ancestral lands.
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: Provide, That communal rights under this Act shall not be

construed as co-ownership as provided in Republic Act. No. 386, otherwise

known as the New Civil Code.
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 the priority rights in the harvesting, extraction, development or
exploitation of any natural resources within the ancestral domains. A nonmember of the ICCs/IPs concerned may be allowed to take part in the
development and utilization of the natural resources for a period of not
exceeding twenty-five (25) years renewable for not more than twenty-five (25)
years: Provided, That a formal and written agreement is entered into with the
ICCs/IPs concerned or that the community, pursuant to its own decision
making process, has agreed to allow such operation: Provided, finally, That the
all extractions shall be used to facilitate the development and improvement of
the ancestral domains.
Section 58. Environmental Consideration. - Ancestral domains or portion
thereof, which are found necessary for critical watersheds, mangroves wildlife
sanctuaries, wilderness, protected areas, forest cover, or reforestation as
determined by the appropriate agencies with the full participation of the
ICCs/IPs concerned shall be maintained, managed and developed for such
purposes. The ICCs/IPs concerned shall be given the responsibility to
maintain, develop, protect and conserve such areas with the full and effective
assistance of the government agencies. Should the ICCs/IPs decide to transfer
the responsibility over the areas, said decision must be made in writing. The
consent of the ICCs/IPs should be arrived at in accordance with its customary
laws without prejudice to the basic requirement of the existing laws on free and
prior informed consent: Provided, That the transfer shall be temporary and will
ultimately revert to the ICCs/IPs in accordance with a program for technology
transfer: Provided, further, That no ICCs/IPs shall be displaced or relocated for
the purpose enumerated under this section without the written consent of the
specific persons authorized to give consent.
Section 59. Certification Precondition. - all department and other
governmental agencies shall henceforth be strictly enjoined from issuing,
renewing, or granting any concession, license or lease, or entering into any
production-sharing agreement, without prior certification from the NCIP that
the area affected does not overlap with any ancestral domain. Such certificate
shall only be issued after a field-based investigation is conducted by the
Ancestral Domain Office of the area concerned: Provided, That no certificate
shall be issued by the NCIP without the free and prior informed and written
consent of the ICCs/IPs concerned: Provided, further, That no department,
government agency or government-owned or -controlled corporation may issue
new concession, license, lease, or production sharing agreement while there is
pending application CADT: Provided, finally, That the ICCs/IPs shall have the

right to stop or suspend, in accordance with this Act, any project that has not
satisfied the requirement of this consultation process.
Section 60. Exemption from Taxes. - All lands certified to be ancestral
domains shall be exempt from real property taxes, specially levies, and other
forms of exaction except such portion of the ancestral domains as are actually
used for large-scale agriculture, commercial forest plantation and residential
purposes and upon titling by other by private person: Provided, that all
exactions shall be used to facilitate the development and improvement of the
ancestral domains.
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 cannot be resolved, the NCIP shall hear and decide,
after notice to the proper parties, the disputes arising from the delineation of
such ancestral domains: Provided, That if the dispute is between and/or among
ICCs/IPs regarding the traditional boundaries of their respective ancestral
domains, customary process shall be followed. The NCIP shall promulgate the
necessary rules and regulations to carry out its adjudicatory functions:
Provided, further, That in any decision, order, award or ruling of the NCIP on
any ancestral domain dispute or on any matter pertaining to the application,
implementation, enforcement and interpretation of this Act may be brought for
Petition for Review to the Court of Appeals within fifteen (15) days from receipt
of a copy thereof.
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 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 a period of ten (10) years in accordance with existing

laws.
CHAPTER IX
JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
Section 65. Primary 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 here provided and no appeal is perfected by any of the contending
parties, the Hearing Officer of the NCIP, on its own initiative or upon motion by
the prevailing party, shall issue a writ of execution requiring the sheriff or the
proper officer to execute final decisions, orders or awards of the Regional
Hearing Officer of the NCIP.
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
therefore it which, if not restrained forthwith, may cause grave or

irreparable damage to any of the parties to the case or seriously affect

social or economic activity.
Section 70. No restraining Order or Preliminary Injunction. - No inferior
court of the Philippines shall have the jurisdiction to issue any restraining
order or writ of preliminary injunction against the NCIP or any of its duly
authorized or designated offices in any case, dispute or controversy to, or
interpretation of this Act and other pertinent laws relating to ICCs/IPs and
ancestral domains.
CHAPTER 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 the
One Hundred thirty million pesos(P130,000,000) to cover compensation for
expropriated lands, delineation and development of ancestral domains. An
amount of Fifty million pesos (P50,000,000) shall be sourced from the gross
income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto
operation, Ten millions pesos (P10,000,000) from the gross receipts of the travel
tax of the preceding year, the fund of the Social Reform Council intended for
survey and delineation of ancestral lands/domains, and such other source as
the government may be deem appropriate. Thereafter such amount shall be
included in the annual General Appropriations Act. Foreign as well as local
funds which are made available for the ICCs/IPs through the government of
the Philippines shall be coursed through the NCIP. The NCIP may also solicit
and receive donations, endowments shall be exempted from income or gift taxes
and all other taxes, charges or fees imposed by the government or any political
subdivision or instrumentality thereof.
CHAPTER 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, authorized and/or unlawful intrusion upon any ancestral lands or domains
as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts
mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof,
shall be punished in accordance with the customary laws of the ICCs/IPs
concerned: Provided, That no such penalty shall be cruel, degrading or
inhuman punishment: Provided, further, That neither shall the death penalty
or excessive fines be imposed. This provision shall be without prejudice to the
right of any ICCs/IPs to avail of the protection of existing laws. In which case,
any person who violates any provision of this Act shall, upon conviction, be
punished by imprisonment of not less than nine (9) months but not more than
twelve (12) years or a fine not less than One hundred thousand pesos
(P100,000) nor more than Five hundred thousand pesos (P500,000) or both
such fine and imprisonment upon the discretion of the court. In addition, he

shall be obliged to pay to the ICCs/IPs concerned whatever damage may have
been suffered by the latter as a consequence of the unlawful act.
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 Regional Directors and below, are hereby
phased-out upon the effectivity of this Act: Provided, further, That officials and
employees of the phased-out offices who may be qualified may apply for
reappointment with the NCIP and may be given prior rights in the filing up of
the newly created positions of NCIP, subject to the qualifications set by the
Placement Committee: Provided, furthermore, That in the case where an
indigenous person and a non-indigenous person with similar qualifications
apply for the same position, priority shall be given to the former. Officers and
employees who are to be phased-out as a result of the merger of their offices
shall be entitled to gratuity a rate equivalent to one and a half (1 1/2) months
salary for every year of continuous and satisfactory service rendered or the
equivalent nearest fraction thereof favorable to them on the basis of the highest
salary received. If they are already entitled to retirement benefits or the gratuity
herein provided. Officers and employees who may be reinstated shall refund
such retirement benefits or gratuity received: Provided, finally That absorbed
personnel must still meet the qualifications and standards set by the Civil
Service and the Placement Committee herein created.
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 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 Chapter and all lands proclaimed as part of its townsite
reservation shall remain as such until otherwise reclassified by appropriate
legislation: Provided, That prior land rights and titles recognized and/or
required through any judicial, administrative or other processes before the
effectivity of this Act shall remain valid: Provided, further, That this provision
shall not apply to any territory which becomes part of the City of Baguio after
the effectivity of this Act.
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 days (15) days upon
its publication in the Official Gazette or in any two (2) newspapers of general
circulation.
Approved: 29 October 1997.