Republic Act No.

8371
IPRAW Law
• An act to recognize, protect and promote the rights of
indigenous cultural communities/indigenous people,
creating a national commission on indigenous people,
establishing implementing mechanisms, appropriating
funds therefor and for other purposes
General Provisions
• SECTION 1. Short title.- this act shall be known as “ The
Indigenous people’s Right act of 1997”.
• SECTION 2. Declaration of State Policies.- The state shall
recognize and promote all the rights of indigenous cultural
communities/indigenous people (ICC/IPs) hereunder
enumerated within the unity of the constitution:
 The state shall recognize and promote the rights of ICCs/IPs.
 The state shall protect their ancestral domains.
 The state shall preserve and develop their cultures, traditions and institutions.
 The state shall guarantee equal human rights and freedom without distinction
and discrimination.
 The state shall take measures to protect their rights and cultural integrity.
 The state shall and ensure maximum ICC/IP participation in education, health,
and other services.
Toward these ends, the state shall institute and
establish the necessary mechanisms to enfoce and
guarantee the realization of these rights, taking into
consideration their customs, tradition, values, beliefs,
interests and institutions, and to adopt and implement
measures to protect their ancestral domains.
Definition of Terms
•SECTION 3. Definition of terms. – for purpose of
this act, the following terms shall mean;
• The term "Ancestral Domains" and "Ancestral Lands" refer to
lands, inland waters, coastal areas, and natural resources
belonging to ICCs/IPs, held under a claim of ownership,
occupied or possessed by ICCs/IPs, 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 other voluntary dealings entered
into by government and private individuals/corporations.
•The most important details in this text are the
Certificate of Ancestral Domain title, Certificate
of Ancestral Land title, Communal Claims,
Customary Laws, Free and Prior Informed
Consent, Indigenous Cultural
Communities/Individual People, and Indigenous
Cultural Communities/Individual People.
• Certificate of Ancestral Domain title recognizes the rights of possession
and ownership of ICCs/IPs over their ancestral domains,

• Certificate of Ancestral Land title recognizes the rights of ICCs/IPs over

their ancestral lands, Communal Claims refer to claims on land,
resources and rights thereon, Customary Laws refer to a body of written
and/or unwritten rules,
• Free and Prior Informed Consent refers to the consensus of all members
of the ICCs/IPs,
• Indigenous Cultural Communities/Individual People refer to a group of people or
homogenous societies identified by self-ascription and ascription by others. Indigenous
Political Structures - organizational and cultural leadership systems, institutions,
relationships, patterns and processes for decision making and participation identified by
ICCs/IPs

• Individual Claims - claims on land and rights which have been devolved to individual,
families, and clans

• National Commission on Indigenous People (NCIP) - primary government agency

responsible for the formulation and implementation of policies, plans and programs to
recognize, protect and promote the rights of ICCs/IPs
• Native Title - 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
• Non-government Organization - private, non-profit 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 People's Organization -
private, nonprofit voluntary organization of members of an ICCPs/IPs which
is accepted as representative
• Sustainable Traditional Resource Rights - rights of ICCPs/IPs to
sustainably use, manage, protect, and conserve
• Time Immemorial - certain ICCPs/IPs are known to have
occupied, possessed in the concept of owner, and utilized a
defined territory developed to them, by operation of customary
law or inherited from their ancestors in accordance with their
customs and traditions
•
Rights to Ancestral Domains
• Section 4 ( Concept of Ancestral Land Domains ) - Ancestral
lands/domains shall include such concept of territories which
cover not only the physical environment but the total
environment including the spiritual and cultural bonds to the
areas which ICCPs/IPs posses, occupy, and use.
• Section 5 (Indigenous Concept of Ownership) - ICCs/IPs private
but community property which belongs to all generations and
therefore cannot be sold, disposed or destroy
• Section 6 (Composition of Ancestral Lands/Domains) -
consist of all areas generally belonging to ICCPs/IPs
• Section 7 (Rights to Ancestral Domains) - rights of
Ownership and possession of ICCPs/IPs to their
ancestral domains shall be recognized and protected;
• a. Rights of Ownership

• b .Rights to Develop Lands and Natural Resources

• c. Right to Stay in the Territories

• d. Right in Case of Displacement

• e. Right to Regulate Entry of Migrants

• F) Right to Safe and Clean Air and Water-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;

• 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 ICCP
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

• 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/APs 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
• 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.-
any violation of the rights hereinbefore enumerated,
shall be punishable under this law. Furthermore, the
Government shall take measures to prevent non-
ICC/Ps from taking advantage of the ICC/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.
• Individually-owned ancestral lands that are agricultural in
character and used for agricultural, residential, pasture, and
tree farming purposes, including those with a slope of 18%
or more, are classified as alienable and disposable
agricultural lands. This option must be exercised within 20
years from the approval of this Act.
Right Self Governance and
Empowerment
• SECTION 13. Self-Governance - The State recognizes the inherent right of ICC/IPs to self-
governance and self-determination and respects the integrity of their values, practices
and institutions. Consequently, the State shall guarantee the right of ICCS/IPs to freely
pursue their economic, social and cultural development

• SECTION 14 Support for Autonomous Regions - The State shall continue to strengthen
and support the autonomous regions created under the Constitution as they may require
or need. The State shall likewise encourage other ICCs/Ps 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 ICCPs
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/Ps have the right to participate fully, if they so
choose, at all levels of decision-making in matters
which may affect their rights, Iives and destinies
through procedures determined by them as well as to
maintain and develop their own indigenous political
structures.
• SECTION 17. Right to Determine and Decide Priorities for
Development-The ICCS/APS shall have the right to determine
and decide their own priorities for development affecting
their lives, beliefs, in actuations, 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.
Social Justice and Human
Rights
• SECTION 21. Equal Protection and Non-discrimination
of ICCs/IPs. — 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. SECTION 21. Equal Protection and Non-discrimination of
ICCs/IPs. — 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 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. 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.
• 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.
• 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.
• 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.
• 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.
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 System. - The State must provide equal access to
cultural opportunities for ICCs/IPs through the educational system, public
or private entities, scholarships, grants and other incentives without
prejudice. Indigenous children/youth have the right to all levels and forms
of education.
• SECTION 31. Recognition of Cultural Diversity. - The State must recognize
and promote the cultural diversity of ICCs/IPs in all forms of education,
public information and cultural-educational exchange. It must also take
effective measures to eliminate prejudice and discrimination and to
promote tolerance, understanding and good relations.

• SECTION 32. Community Intellectual Rights. - ICCs/IPs have the right to

preserve, protect and develop their own cultural traditions and customs, as
well as the right to restitution of property taken without their consent.
• SECTION 33. Rights to Religious, Cultural Sites and
Ceremonies. - ICCs/IPs 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
ceremonial objects; and the right to repatriate human
remains.
• SECTION 34.Rights to Indigenous Knowledge Systems
and Practices and to Develop own Sciences and
Technologies. - ICCs/IPs are entitled to the right to
control, develop and protect their sciences,
technologies and cultural manifestations, including
genetic resources, seeds, traditional medicines and
health practices, knowledge 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 must recognize the
right of ICCs/IPs to sustainable agro-technological development and implement
programs for its effective implementation, promoting bio-genetic and resource
management systems.
• 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.

• SECTION 38. National Commission on Indigenous Cultural Communities/

Indigenous Peoples (NCIP). - The National Commission on Indigenous Cultural
Communities/Indigenous Peoples (NCIP) is created to protect the rights and well-
being of ICCs/IPs and recognize their ancestral domains.
• 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 composed of seven Commissioners from
various ethnographic areas, including Region I and the Cordilleras, Region
II, Island Groups including Mindoro, Lalawan, Romblon, Panay and the rest
of the Visayas; Northern and Western Mindanao; Southern and Eastern
Mindanao; and Central Mindanao. At least two of the Commissioners must
be women.
• SECTION 41. Qualification, Tenure, Compensation. - The Chairperson
and six (6) Commissioners must be natural born Filipino citizens, bona
fide members of the ICCs/IPs, experienced in ethnic affairs, at least 35
years of age, and of proven honesty and integrity. At least two (2) of
the seven (7) Commissioners must be members of the Philippine Bar,
and 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 ben appointed or
designated in a temporary or acting capacity. Finally, they 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) o issue certificate of ancestral land/domain title;
• f) Subject to existing laws, to enter into contracts, agreements, or arrangement,
with government or private agencies or entities as may be necessary to attain the
objectives of this Act, and subject to the approval of the President, to obtain
loans from government lending institutions and other lending institutions to
finance its programs;
• g) To negotiate for funds and to accept grants, donations, gifts and/or properties
in whatever form and from whatever source, local and international, subject to
the approval of the President of the Philippines, for the benefit of ICCs/IPs and
administer the same in accordance with the terms thereof; or in the absence of
any condition, in such manner consistent with the interest of ICCs/IPs as well as
existing laws;
• h) To coordinate development programs and projects for the advancement of the
ICCs/IPs and to oversee the proper implementation thereof;
• i) To convene periodic conventions or assemblies of IPs to review, assess as well
as propose policies or plans;
• j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and
to submit within sixty (60) days after the close of each calendar year, a report of its
operations and achievements;
• k) To submit to Congress appropriate legislative proposals intended to carry out the
policies under this Act;
• l) To prepare and submit the appropriate budget to the Office of the President;
• m) To issue appropriate certification as a pre-condition to the grant of permit, lease,
grant, or any other similar authority for the disposition, utilization, management and
appropriation by any private individual, corporate entity or any government agency,
corporation or subdivision thereof on any part or portion of the ancestral domain taking
into consideration the consensus approval of the ICCs/IPs concerned;
• n) To decide all appeals from the decisions and acts of all the various offices within the
Commission;
• o) To promulgate the necessary rules and regulations
for the implementation of this Act;
• P) To exercise such other powers and functions as may
be directed by the President of the Republic of the
Philippines; and
• q) To represent the Philippine ICCs/IPs in all
international conferences and conventions dealing
with indigenous peoples and other related concerns.
• SECTION 45. Accessibility and Transparency. Subject to such limitations as
may be provided by law or by rules and regulations promulgated pursuant
thereto, all official records, documents and papers pertaining to official
acts, transactions or decisions, as well as research data used as basis for
policy development of the Commission shall be made accessible to the
public.

• SECTION 46. Offices within the NCIP-The NCIP shall have the following
offices which shall be responsible for the implementation of the policies
hereinafter provided:
• 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
• 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 Act. It shall assist, promote and support
community schools, both formal and non-formal, for the benefit of
responsible for the effective implementation of the education, cultural and
related rights as provided in this 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 ICCAP 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.
• D). Office on Socio Economic Service and Special Concern - 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 property and
directly enjoyed by them.
• 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 ICCPs/IPs are afforded every opportunity, if they
so choose to participate in all levels of decision- making
• G). Legal Affairs Office- There shall be a Legal Affairs
Office which shall advices the NCIP on all legal matters
concerning ICCPs/IPs and which shall be responsible
for providing ICCPs/IPs with legal assistance in
litigation involving community interest.
• 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.

• SECTION 49: Offices of Executive Director- the NCIP shall create the office of the
Executive Director which shall serve as its secretariat. The Office is 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.
• SECTION 50: Consultative Body – A body consisting of
the traditional leaders, elders and representatives
from the women and youth sectors of the different
ICCPs/IPs shall constituted by the NCIP from time to
advise it on matters relating to the problems,
aspiration and interest of the NCIPs/IPs.
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. The sworn
statement of the elders as to the scope of the territories and
agreement/pacts made with neighboring ICCPs/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 ICCPs/IPs concerned traditionally occupy and
guarantee effective protection of their rights of ownership and
possession thereto.
•SECTION 52: Delineation Process- the
identification and delineation of ancestral
domains shall be done in accordance with the
following procedures.
• A). Ancestral Domains Delineation 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. Not to
ancestral lands and domains delineation under any others
community/ancestral domain program prior to the enactment of this law.

• B). Petition for Delineation- The process of delineation a specific perimeter

may be initiated by the NCIP with the consent of the ICCP/IP concerned or
through a petition for delineation filed with the NCIP by a majority of the
members of the ICCPs/IPs;
• C). Delineation Proper- The official delineation of
ancestral domain boundaries including census of all
community members there in, shall be immediately
undertaken by the ancestral domains office upon
filling of the application by the ICCPs/IPs concerned.
Delineation will be done on 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 others documents directly or
indirectly attesting to the possession or occupation of
the area since time immemorial by such ICCPs/IPs in
the concept of owners which shall be any one (1) of
the following authentic documents:
• 1) Written accounts of the ICCs/IPs customs and traditions;
• 2) Written accounts of the ICCs/IPs political structure and institution;
• 3) Pictures showing long term occupation such as those of old
improvements, burial grounds, sacred places and old villages;
• 4) Historical accounts, including pacts and agreements concerning
boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;
• 5) Survey plans and sketch maps;
• 6) Anthropological data;
• 7) Genealogical surveys;
• 8) Pictures and descriptive histories of traditional communal forests and
hunting grounds;
• 9) Pictures and descriptive histories of traditional landmarks such as
mountains, rivers, creeks, ridges, hills, terraces and the like; and
• 10) Write-ups of names and places derived from the native dialect of the
community.
• e) Preparation of Maps. — On the basis of such investigation and the findings
of fact based thereon, the Ancestral Domains Office of the NCIP shall prepare a
perimeter map, complete with technical descriptions, and a description of the
natural features and landmarks embraced therein;
• f) Report of Investigation and Other Documents. — A complete copy of the
preliminary census and a report of investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;
• g) Notice and Publication. — A copy of each document, including a
translation in the native language of the ICCs/IPs concerned shall be
posted in a prominent place therein for at least fifteen (15) days. A
copy of the document shall also be posted at the local, provincial and
regional offices of the NCIP, and shall be published in a newspaper of
general circulation once a week for two (2) consecutive weeks to
allow other claimants to file opposition thereto within fifteen (15)
days from date of such publication: Provided, That in areas where no
such newspaper exists, broadcasting in a radio station will be a valid
substitute: Provided, further, That mere posting shall be deemed
sufficient if both newspaper and radio station are not available;
• H) Endorsement to NCIP. — Within fifteen (15) days from publication, and of the
inspection process, the Ancestral Domains Office shall prepare a report to the
NCIP endorsing a favorable action upon a claim that is deemed to have sufficient
proof. However, if the proof is deemed insufficient, the Ancestral Domains Office
shall require the submission of additional evidence: Provided, That the Ancestral
Domains Office shall reject any claim that is deemed patently false or fraudulent
after inspection and verification: Provided, further, That in case of rejection, the
Ancestral Domains Office shall give the applicant due notice, copy furnished all
concerned, containing the grounds for denial. The denial shall be appealable to
the NCIP: Provided, furthermore, That in cases where there are conflicting claims
among ICCs/IPs on the boundaries of ancestral domain claims, the Ancestral
Domains Office shall cause the contending parties to meet and assist them in
coming up with a preliminary resolution of the conflict, without prejudice to its
full adjudication according to the section below.
• i) Turnover of Areas Within Ancestral Domains Managed by Other
Government Agencies. — The Chairperson of the NCIP shall certify
that the area covered is an ancestral domain. The secretaries of the
Department of Agrarian Reform, Department of Environment and
Natural Resources, Department of the Interior and Local Government,
and Department of Justice, the Commissioner of the National
Development Corporation, and any other government agency
claiming jurisdiction over the area shall be notified thereof. Such
notification shall terminate any legal basis for the jurisdiction
previously claimed;
• J) Issuance of CADT . — ICCs/IPs whose ancestral
domains have been officially delineated and
determined by the NCIP shall be issued a CADT in the
name of the community concerned, containing a list
of all those identified in the census; and
• k) Registration of CADTs. — The NCIP shall register issued certificates
of ancestral domain titles and certificates of ancestral lands titles
before the Register of Deeds in the place where the property is
situated.
• SECTION 53. Identification, Delineation and Certification of
Ancestral Lands. —
• a) The allocation of lands within any ancestral domain to
individual or indigenous corporate (family or clan) claimants shall be
left to the ICCs/IPs concerned to decide in accordance with customs
and traditions;
• b) Individual and indigenous corporate claimants of ancestral
lands which are not within ancestral domains, may have their claims
officially established by filing applications for the identification and
delineation of their claims with the Ancestral Domains Office. An
individual or recognized head of a family or clan may file such
application in his behalf or in behalf of his family or clan, respectively;
• c) Proofs of such claims shall accompany the application form
which shall include the testimony under oath of elders of the
community and other documents directly or indirectly attesting to the
possession or occupation of the areas since time immemorial by the
individual or corporate claimants in the concept of owners which shall
be any of the authentic documents enumerated under Sec. 52 (d) of
this Act, including tax declarations and proofs of payment of taxes;
• d) The Ancestral Domains Office may require from each
ancestral claimant the submission of such other documents, Sworn
Statements and the like, which in its opinion, may shed light on the
veracity of the contents of the application/claim;
• e) Upon receipt of the applications for delineation and recognition
of ancestral land claims, the Ancestral Domains Office shall cause the
publication of the application and a copy of each document submitted
including a translation in the native language of the ICCs/IPs concerned in a
prominent place therein for at least fifteen (15) days. A copy of the
document shall also be posted at the local, provincial, and regional offices
of the NCIP and shall be published in a newspaper of general circulation
once a week for two (2) consecutive weeks to allow other claimants to file
opposition thereto within fifteen (15) days from the date of such
publication: Provided, That in areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute: Provided, further,
That mere posting shall be deemed sufficient if both newspapers and radio
station are not available;
• f) Fifteen (15) days after such publication, the Ancestral Domains
Office shall investigate and inspect each application, and if found to be
meritorious, shall cause a parcellary survey of the area being claimed. The
Ancestral Domains Office shall reject any claim that is deemed patently
false or fraudulent after inspection and verification. In case of rejection,
the Ancestral Domains Office shall give the applicant due notice, copy
furnished all concerned, containing the grounds for denial. The denial shall
be appealable to the NCIP. In case of conflicting claims among individuals
or indigenous corporate claimants, the Ancestral Domains Office shall
cause the contending parties to meet and assist them in coming up with a
preliminary resolution of the conflict, without prejudice to its full
adjudication according to Sec. 62 of this Act. In all proceedings for the
identification or delineation of the ancestral domains as herein provided,
the Director of Lands shall represent the interest of the Republic of the
Philippines; and
• g) The Ancestral Domains Office shall prepare and submit a
report on each and every application surveyed and delineated to the
NCIP, which shall, in turn, evaluate the report submitted. If the NCIP
finds such claim meritorious, it shall issue a certificate of ancestral
land, declaring and certifying the claim of each individual or corporate
(family or clan) claimant over ancestral lands.
• SECTION 54.Fraudulent Claims. — The Ancestral
Domains Office may, upon written request from the
ICCs/IPs, review existing claims which have been
fraudulently acquired by any person or community.
Any claim found to be fraudulently acquired by, and
issued to, any person or community may be cancelled
by the NCIP after due notice and hearing of all parties
concerned.
• SECTION 55. Communal Rights. — Subject to Section 56
hereof, areas within the ancestral domains, whether
delineated or not, shall be presumed to be communally held:
Provided, That communal rights under this Act shall not be
construed as co-ownership as provided in Republic Act No.
386, otherwise known as the New Civil Code.
• SECTION 56.Existing Property Rights Regimes. — Property
rights within the ancestral domains already existing and/or
vested upon effectivity of this Act, shall be recognized and
respected.
• SECTION 57.Natural Resources within Ancestral Domains. — The ICCs/IPs
shall have priority rights in the harvesting, extraction, development or
exploitation of any natural resources within the ancestral domains. A non-
member of the ICCs/IPs concerned may be allowed to take part in the
development and utilization of the natural resources for a period of not
exceeding twenty-five (25) years renewable for not more than twenty-five
(25) years: Provided, That a formal and written agreement is entered into
with the ICCs/IPs concerned or that the community, pursuant to its own
decision making process, has agreed to allow such operation: Provided,
finally, That the NCIP may exercise visitorial powers and take appropriate
action to safeguard the rights of the ICCs/IPs under the same contract.
• SECTION 58.Environmental Considerations. — Ancestral domains or
portions thereof, which are found to be necessary for critical watersheds,
mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover,
or reforestation as determined by appropriate agencies with the full
participation of the ICCs/IPs concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs concerned shall be given the
responsibility to maintain, develop, protect and conserve such areas with
the full and effective assistance of government agencies. Should the
ICCs/IPs decide to transfer the responsibility over the areas, said decision
must be made in writing. The consent of the ICCs/IPs should be arrived at
in accordance with its customary laws without prejudice to the basic
requirements of existing laws on free and prior informed consent:
Provided, That the transfer shall be temporary and will ultimately revert to
the ICCs/IPs in accordance with a program for technology transfer:
Provided, further, That no ICCs/IPs shall be displaced or relocated for the
purpose enumerated under this section without the written consent of the
specific persons authorized to give consent.
• SECTION 59.Certification Precondition. — All departments and other
governmental agencies shall henceforth be strictly enjoined from issuing,
renewing, or granting any concession, license or lease, or entering into any
production-sharing agreement, without prior certification from the NCIP
that the area affected does not overlap with any ancestral domain. Such
certification shall only be issued after a field-based investigation is
conducted by the Ancestral Domains Office of the area concerned:
Provided, That no certification shall be issued by the NCIP without the free
and prior informed and written consent of ICCs/IPs concerned: Provided,
further, That no department, government agency or government-owned or
-controlled corporation may issue new concession, license, lease, or
production sharing agreement while there is a pending application for a
CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or
suspend, in accordance with this Act, any project that has not satisfied the
requirement of this consultation process.
• SECTION 60.Exemption from Taxes. — All lands
certified to be ancestral domains shall be exempt from
real property taxes, special levies, and other forms of
exaction except such portion of the ancestral domains
as are actually used for large-scale agriculture,
commercial forest plantation and residential purposes
or upon titling by private persons: Provided, That all
exactions shall be used to facilitate the development
and improvement of the ancestral domains.
• SECTION 61. Temporary Requisition Powers. — Prior to the
establishment of an institutional surveying capacity whereby it can
effectively fulfill its mandate, but in no case beyond three (3) years
after its creation, the NCIP is hereby authorized to request the
Department of Environment and Natural Resources (DENR) survey
teams as well as other equally capable private survey teams, through
a Memorandum of Agreement (MOA), to delineate ancestral domain
perimeters. The DENR Secretary shall accommodate any such request
within one (1) month of its issuance: Provided, That the
Memorandum of Agreement shall stipulate, among others, a
provision for technology transfer to the NCIP.
• SECTION 62. Resolution of Conflicts. — In cases of conflicting interest,
where there are adverse claims within the ancestral domains as delineated
in the survey plan, and which can not be resolved, the NCIP shall hear and
decide, after notice to the proper parties, the disputes arising from the
delineation of such ancestral domains: Provided, That if the dispute is
between and/or among ICCs/IPs regarding the traditional boundaries of
their respective ancestral domains, customary process shall be followed.
The NCIP shall promulgate the necessary rules and regulations to carry out
its adjudicatory functions: Provided, further, That any decision, order,
award or ruling of the NCIP on any ancestral domain dispute or on any
matter pertaining to the application, implementation, enforcement and
interpretation of this Act may be brought for Petition for Review to the
Court of Appeals within fifteen (15) days from receipt of a copy thereof.
• SECTION 63. Applicable Laws. — Customary laws,
traditions and practices of the ICCs/IPs of the land
where the conflict arises shall be applied first with
respect to property rights, claims and ownerships,
hereditary succession and settlement of land disputes.
Any doubt or ambiguity in the application and
interpretation of laws shall be resolved in favor of the
ICCs/IPs.
• SECTION 64. Remedial Measures. — Expropriation may be
resorted to in the resolution of conflicts of interest following the
principle of the “common good”. The NCIP shall take appropriate
legal action for the cancellation of officially documented titles
which were acquired illegally: Provided, That such procedure
shall ensure that the rights of possessors in good faith shall be
respected: Provided, further, That the action for cancellation
shall be initiated within two (2) years from the effectivity of this
Act: Provided, finally, That the action for reconveyance shall be
within a period of ten (10) years in accordance with existing laws.
• 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 - Merged offices' real and
personal properties must be transferred to the NCIP, and all contracts,
records and documents must remain in full force and effect.
• SECTION 77. Placement committee. - The placement committee will be
composed of seven commissioners and an ICCP's/IPS' representative from
each of the ONCC/OSCC, NGOs, and POs, guided by retention and
appointment criteria and civil service law.
Final Provision
• SECTION 78. Special Provision. - The city of Baguio shall remain governed
by its charter and all lands proclaimed as part of its townsite reservation
shall remain as such until otherwise reclassified. Prior land rights and titles
recognized before the act shall remain valid.
• SECTION 79. Appropriations. - The amount necessary to finance the initial
implementation of this act is charged against the current year's
appropriation of the ONCC and OSCC.
• SECTION 80. Implementing Rules and Regulation. - The NCIP must issue the
necessary rules and regulations within 60 days of appointment, in
consultation with the House of Representative and Senate committees on
national cultural communities.
• SECTION 81. Saving Clause. – This Act will not in any
manner adversely affect the rights and bbenefits of the
ICCPs/Ips under conventions, recommendations,
international treaties, national laws, awards, customs and
agreements.
• SECTION 82. Separability Clause. – In the case any provison
of this Act or any portion thereof is declared unconstitional
by acompetent court, other 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, order, 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) newspaper of general circulation.