Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress
Republic Act No. 8371 October 29, 1997
AN ACT TO RCO!N"#, PROTCT AN$ PRO%OT T& R"!&T' O( "N$"!NO)'
C)*T)RA* CO%%)N"T"'+"N$"!NO)' POP*, CRAT"N! A NAT"ONA* CO%%"''"ON O(
"N$"!NO)' POP*, 'TA,*"'&"N! "%P*%NT"N! %C&AN"'%', APPROPR"AT"N!
()N$' T&R(OR, AN$ (OR OT&R P)RPO''
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
C&APTR "
!NRA* PRO-"'"ON'
'ection 1. Short Title. - This Act shall be known as "The Indigenous Peoples Rights Act of
1997."
'ection 2. Declaration of State Policies. - The State shall recognize and promote all the rights of
Indigenous Cultural Communities/Indigenous eoples !ICCs/Is" hereunder enumerated within the
framework of the Constitution:
a" The State shall recognize and promote the rights of ICCs/Is within the framework of
national unit# and de$elopment%
b"The State shall protect the rights of ICCs/Is to their ancestral domains to ensure their
economic& social and cultural well being and shall recognize the applicabilit# of customar#
laws go$erning propert# rights or relations in determining the ownership and e'tent of
ancestral domain%
c" The State shall recognize& respect and protect the rights of ICCs/Is to preser$e and
de$elop 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/Is regardless of se'& shall e)uall#
en*o# the full measure of human rights and freedoms without distinctions or discriminations%
e" The State shall take measures& with the participation of the ICCs/Is concerned& to protect
their rights and guarantee respect for their cultural integrit#& and to ensure that members of
the ICCs/Is benefit on an e)ual 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 e'pression of the ICCs/Is for
cultural integrit# b# assuring ma'imum ICC/I participation in the direction of education&
health& as well as other ser$ices of ICCs/Is& in order to render such ser$ices more
responsi$e to the needs and desires of these communities(
Towards these ends& the State shall institute and establish the necessar# mechanisms to enforce
and guarantee the realization of these rights& taking into consideration their customs& traditions&
$alues& beliefs& their rights to their ancestral domains(
C&APTR ""
$("N"T"ON O( TR%'
'ection 3. Definition of Terms. - +or purposes of this Act& the following terms shall mean:
a" Ancestral Domains - Sub*ect to Section ,- hereof& refer to all areas generall# belonging to
ICCs/Is comprising lands&inland waters& coastal areas& and natural resources therein& held
under a claim of ownership& occupied or possessed b# ICCs/Is& themsel$es or through their
ancestors& communall# or indi$iduall# since time immemorial& continuousl# to the present
e'cept when interrupted b# war& force ma*eure or displacement b# force& deceit& stealth or as
a conse)uence of go$ernment pro*ects or an# other $oluntar# dealings entered into b#
go$ernment and pri$ate indi$iduals& corporations& and which are necessar# to ensure their
economic& social and cultural welfare( It shall include ancestral land& forests& pasture&
residential& agricultural& and other lands indi$iduall# owned whether alienable and disposable
or otherwise& hunting grounds& burial grounds& worship areas& bodies of water& mineral and
other natural resources& and lands which ma# no longer be e'clusi$el# occupied b# ICCs/Is
but from which their traditionall# had access to for their subsistence and traditional acti$ities&
particularl# the home ranges of ICCs/Is who are still nomadic and/or shifting culti$ators%
b" Ancestral Lands - Sub*ect to Section ,- hereof& refers to land occupied& possessed and
utilized b# indi$iduals& families and clans who are members of the ICCs/Is since time
immemorial& b# themsel$es or through their predecessors-in-interest& under claims of
indi$idual or traditional group ownership&continuousl#& to the present e'cept when interrupted
b# war& force ma*eure or displacement b# force& deceit& stealth& or as a conse)uence of
go$ernment pro*ects and other $oluntar# dealings entered into b# go$ernment and pri$ate
indi$iduals/corporations& including& but not limited to& residential lots& rice terraces or paddies&
pri$ate forests& swidden farms and tree lots%
c" Certificate of Ancestral Domain itle - refers to a title formall# recognizing the rights of
possession and ownership of ICCs/Is o$er their ancestral domains identified and delineated
in accordance with this law%
d" Certificate of Ancestral Lands itle ! refers to a title formall# recognizing the rights of
ICCs/Is o$er their ancestral lands%
e" Communal Claims - refer to claims on land& resources and rights thereon& belonging to the
whole communit# within a defined territor#
f" Customary La"s - refer to a bod# of written and/or unwritten rules& usages& customs and
practices traditionall# and continuall# recognized& accepted and obser$ed b# respecti$e
ICCs/Is%
g" #ree and Prior $nformed Consent ! as used in this Act shall mean the consensus of all
members of the ICCs/Is to% be determined in accordance with their respecti$e customar#
laws and practices& free from an# e'ternal manipulation& interference and coercion& and
obtained after full# disclosing the intent and scope of the acti$it#& in a language an process
understandable to the communit#%
h" $ndigenous Cultural Communities%$ndigenous Peoples ! refer to a group of people or
homogenous societies identified b# self-ascription and ascription b# other& who ha$e
continuousl# li$ed as organized communit# on communall# bounded and defined territor#&
and who ha$e& under claims of ownership since time immemorial& occupied& possessed
customs& tradition and other distincti$e cultural traits& or who ha$e& through resistance to
political& social and cultural inroads of colonization& non-indigenous religions and culture&
became historicall# differentiated from the ma*orit# of +ilipinos( ICCs/Is shall likewise
include peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the countr#& at the time of con)uest or colonization& or at the
time of inroads of non-indigenous religions and cultures& or the establishment of present
state boundaries& who retain some or all of their own social& economic& cultural and political
institutions& but who ma# ha$e been displaced from their traditional domains or who ma#
ha$e resettled outside their ancestral domains%
i" $ndigenous Political Structure ! refer to organizational and cultural leadership s#stems&
institutions& relationships& patterns and processed for decision-making and participation&
identified b# ICCs/Is such as& but not limited to& Council of .lders& Council of Timua#s&
/odong 0older& or an# other tribunal or bod# of similar nature%
*" $ndividual Claims ! refer to claims on land and rights thereon which ha$e been de$ol$ed to
indi$iduals& families and clans including& but not limited to& residential lots& rice terraces or
paddies and tree lots%
k" &ational Commission on $ndigenous Peoples '&C$P( ! refers to the office created under
this Act& which shall be under the 1ffice of the resident& and which shall be the primar#
go$ernment agenc# responsible for the formulation and implementation of policies& plans
and programs to recognize& protect and promote the rights of ICCs/Is%
l" &ative itle ! refers to pre-con)uest rights to lands and domains which& as far back as
memor# reaches& ha$e been held under a claim of pri$ate ownership b# ICCs/Is& ha$e
ne$er been public lands and are thus indisputabl# presumed to ha$e been held that wa#
since before the Spanish Con)uest%
m" &ongovernment )rgani*ation ! refers to a pri$ate& nonprofit $oluntar# organization that
has been organized primaril# for the deli$er# of $arious ser$ices to the ICCs/Is and has an
established track record for effecti$eness and acceptabilit# in the communit# where it ser$es%
n" People+s )rgani*ation ! refers to a pri$ate& nonprofit $oluntar# organization of members of
an ICC/I which is accepted as representati$e of such ICCs/Is%
o" Sustainable raditional Resource Rights ! refer to the rights of ICCs/Is to sustainabl#
use&manage& protect and conser$e 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 $alue in accordance with their indigenous
knowledge& beliefs& s#stems and practices% and
p" ime $mmemorial - refers to a period of time when as far back as memor# can go& certain
ICCs/Is are known to ha$e occupied& possessed in the concept of owner& and utilized a
defined territor# de$ol$ed to them& b# operation of customar# law or inherited from their
ancestors& in accordance with their customs and traditions(
C&APTR """
R"!&T' TO ANC'TRA* $O%A"N'
'ection .. Concept of Ancestral ands!Domains. - Ancestral lands/domains shall include such
concepts of territories which co$er not onl# the ph#sical en$ironment but the total en$ironment
including the spiritual and cultural bonds to the area which the ICCs/Is possess& occup# and use
and to which the# ha$e claims of ownership(
'ection /. Indigenous Concept of "#nership. - Indigenous concept of ownership sustains the
$iew that ancestral domains and all resources found therein shall ser$e as the material bases of their
cultural integrit#( The indigenous concept of ownership generall# holds that ancestral domains are
the ICC2s/I2s pri$ate but communit# propert# which belongs to all generations and therefore cannot
be sold& disposed or destro#ed( It likewise co$ers sustainable traditional resource rights(
'ection 0. Composition of Ancestral ands!Domains. - Ancestral lands and domains shall consist
of all areas generall# belonging to ICCs/Is as referred under Sec( 3& items !a" and !b" of this Act(
'ection 7. Rights to Ancestral Domains. - The rights of ownership and possession of ICCs/Is t
their ancestral domains shall be recognized and protected( Such rights shall include:
a( Rights of )"nership,! The right to claim ownership o$er lands& bodies of water traditionall#
and actuall# occupied b# ICCs/Is& sacred places& traditional hunting and fishing grounds&
and all impro$ements made b# them at an# time within the domains%
b( Right to Develop Lands and &atural Resources( - Sub*ect to Section ,- hereof& right to
de$elop& control and use lands and territories traditionall# occupied& owned& or used% to
manage and conser$e 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
e'ploration of natural resources in the areas for the purpose of ensuring ecological&
en$ironmental protection and the conser$ation measures& pursuant to national and
customar# laws% the right to an informed and intelligent participation in the formulation and
implementation of an# pro*ect& go$ernment or pri$ate& that will affect or impact upon the
ancestral domains and to recei$e *ust and fair compensation for an# damages which the#
sustain as a result of the pro*ect% and the right to effecti$e measures b# the go$ernment to
pre$ent an# interfere with& alienation and encroachment upon these rights%
c( Right to Stay in the erritories- The right to sta# in the territor# and not be remo$ed
therefrom( 4o ICCs/Is will be relocated without their free and prior informed consent& nor
through an# means other than eminent domain( 5here relocation is considered necessar#
as an e'ceptional measure& such relocation shall take place onl# with the free and prior
informed consent of the ICCs/Is concerned and whene$er possible& the# shall be
guaranteed the right to return to their ancestral domains& as soon as the grounds for
relocation cease to e'ist( 5hen such return is not possible& as determined b# agreement or
through appropriate procedures& ICCs/Is shall be pro$ided in all possible cases with lands
of )ualit# and legal status at least e)ual to that of the land pre$iousl# occupied b# them&
suitable to pro$ide for their present needs and future de$elopment( ersons thus relocated
shall likewise be full# compensated for an# resulting loss or in*ur#%
d( Right in Case of Displacement( - In case displacement occurs as a result of natural
catastrophes& the State shall endea$or to resettle the displaced ICCs/Is in suitable areas
where the# can ha$e temporar# life support s#stem: ro$ided& That the displaced ICCs/Is
shall ha$e the right to return to their abandoned lands until such time that the normalc# and
safet# of such lands shall be determined: ro$ided& further& That should their ancestral
domain cease to e'ist and normalc# and safet# of the pre$ious settlements are not possible&
displaced ICCs/Is shall en*o# securit# of tenure o$er lands to which the# ha$e been
resettled: ro$ided& furthermore& That basic ser$ices and li$elihood shall be pro$ided to them
to ensure that their needs are ade)uatel# addressed:
e( Right to Regulate -ntry of .igrants( - 6ight to regulate the entr# of migrant settlers and
organizations into the domains%
f( Right to Safe and Clean Air and /ater( - +or this purpose& the ICCs/Is shall ha$e access
to integrated s#stems for the management of their inland waters and air space%
g( Right to Claim Parts of Reservations( - The right to claim parts of the ancestral domains
which ha$e been reser$ed for $arious purposes& e'cept those reser$ed and intended for
common and public welfare and ser$ice% and
h( Right to Resolve Conflict( - 6ight to resol$e land conflicts in accordance with customar#
laws of the area where the land is located& and onl# in default thereof shall the complaints be
submitted to amicable settlement and to the Courts of 7ustice whene$er necessar#(
'ection 8. Rights to Ancestral ands. - The right of ownership and possession of the ICCs/Is& 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
propert# rights to/among members of the same ICCs/Is& sub*ect to customar# laws and
traditions of the communit# concerned(
b( Right to Redemption( - In cases where it is shown that the transfer of land/propert# rights
b# $irtue of an# agreement or de$ise& to a non-member of the concerned ICCs/Is is tainted
b# the $itiated consent of the ICCs/Is&or is transferred for an unconscionable consideration
or price& the transferor ICC/I shall ha$e the right to redeem the same within a period not
e'ceeding fifteen !8," #ears from the date of transfer(
'ection 9. Responsi$ilities of ICCs!IPs to their Ancestral Domains. - ICCs/Is occup#ing a dul#
certified ancestral domain shall ha$e the following responsibilities:
a( Maintain .cological /alance- To preser$e& restore& and maintain a balanced ecolog# in the
ancestral domain b# protecting the flora and fauna& watershed areas& and other reser$es%
b( 6estore 9enuded Areas- To acti$el# initiate& undertake and participate in the reforestation
of denuded areas and other de$elopment programs and pro*ects sub*ect to *ust and
reasonable remuneration% and
c( 1bser$e :aws- To obser$e and compl# with the pro$isions of this Act and the rules and
regulations for its effecti$e implementation(
'ection 11. %nauthori&ed and %nla#ful Intrusion. - ;nauthorized and unlawful intrusion upon& or
use of an# portion of the ancestral domain& or an# $iolation of the rights herein before enumerated&
shall be punishable under this law( +urthermore& the <o$ernment shall take measures to pre$ent
non-ICCs/Is from taking ad$antage of the ICCs/Is customs or lack of understanding of laws to
secure ownership& possession of land belonging to said ICCs/Is(
'ection 11. Recognition of Ancestral Domain Rights. - The rights of ICCs/Is to their ancestral
domains b# $irtue of 4ati$e Title shall be recognized and respected( +ormal recognition& when
solicited b# ICCs/Is concerned& shall be embodied in a Certificate of Ancestral 9omain Title
!CA9T"& which shall recognize the title of the concerned ICCs/Is o$er the territories identified and
delineated(
'ection 12. "ption to Secure Certificate of Title under Common#ealth Act 1'1( as amended(
or the and Registration Act '9). - Indi$idual members of cultural communities& with respect to
indi$iduall#-owned ancestral lands who& b# themsel$es or through their predecessors-in -interest&
ha$e been in continuous possession and occupation of the same in the concept of owner since the
immemorial or for a period of not less than thirt# !3=" #ears immediatel# preceding the appro$al of
this Act and uncontested b# the members of the same ICCs/Is shall ha$e the option to secure title
to their ancestral lands under the pro$isions of Commonwealth Act 8>8& as amended& or the :and
6egistration Act >?-(
+or this purpose& said indi$iduall#-owned ancestral lands& which are agricultural in character and
actuall# used for agricultural& residential& pasture& and tree farming purposes& including those with a
slope of eighteen percent !8@A" or more& are hereb# classified as alienable and disposable
agricultural lands(
The option granted under this Section shall be e'ercised within twent# !B=" #ears from the appro$al
of this Act(
C&APTR "-
R"!&T TO '*(2!O-RNANC AN$ %PO3R%NT
'ection 13. Self*+o,ernance. - The State recognizes the inherent right of ICCs/Is to self-
go$ernance and self-determination and respects the integrit# of their $alues& practices and
institutions( Conse)uentl#& the State shall guarantee the right of ICCs/Is to freel# pursue their
economic& social and cultural de$elopment(
'ection 1.. Support for Autonomous Regions. - The State shall continue to strengthen and
support the autonomous regions created under the Constitution as the# ma# re)uire or need( The
State shall likewise encourage other ICCs/Is not included or outside Muslim Mindanao and the
Cordillera to use the form and content of their wa#s of life as ma# be compatible with the
fundamental rights defined in the Constitution of the 6epublic of the hilippines and other
internationall# recognized human rights(
'ection 1/. -ustice S.stem( Conflict Resolution Institutions and Peace /uilding Processes. -
The ICCs/Is shall ha$e the right to use their own commonl# accepted *ustice s#stems& conflict
resolution institutions& peace building processes or mechanisms and other customar# laws and
practices within their respecti$e communities and as ma# be compatible with the national legal
s#stem and with internationall# recognized human rights(
'ection 10. Right to Participate in Decision *0a1ing. - ICCs/Is ha$e the right to participate full#&
if the# so choose& at all le$els of decision-making in matters which ma# affect their rights& li$es and
destinies through procedures determined b# them as well as to maintain and de$elop their own
indigenous political structures( Conse)uentl#& the State shall ensure that the ICCs/Is shall be gi$en
mandator# representation in polic#-making bodies and other local legislati$e councils(
'ection 17. Right to Determine and Decide Priorities for De,elopment. - The ICCs/Is shall
ha$e the right to determine and decide their own priorities for de$elopment affecting their li$es&
beliefs& institutions& spiritual well-being& and the lands the# own& occup# or use( The# shall
participate in the formulation&implementation and e$aluation of policies& plans and programs for
national& regional and local de$elopment which ma# directl# affect them(
'ection 18. Tri$al /aranga.s. - The ICCs/Is li$ing in contiguous areas or communities where the#
form the predominant population but which are located in municipalities& pro$inces or cities where
the# do not constitute the ma*orit# of the population& ma# form or constitute a separate baranga# in
accordance with the :ocal <o$ernment Code on the creation of tribal baranga#s(
'ection 19. Role of Peoples "rgani&ations. - The State shall recognize and respect the role of
independent ICCs/Is organizations to enable the ICCs/Is to pursue and protect their legitimate
and collecti$e interests and aspirations through peaceful and lawful means(
'ection 21. 0eans for De,elopment !2mpo#erment of ICCs!IPs. - The <o$ernment shall
establish the means for the full de$elopment/empowerment of the ICCs/Is own institutions and
initiati$es and& where necessar#& pro$ide the resources needed therefor(
C&APTR -
'OC"A* 4)'T"C AN$ &)%AN R"!&T'
'ection 21. 23ual Protection and 4on*discrimination of ICCs!IPs. - Consistent with the e)ual
protection clause of the Constitution of the 6epublic of the hilippines& the Charter of the ;nited
4ations& the ;ni$ersal 9eclaration of 0uman 6ights including the Con$ention on the .limination of
9iscrimination Against 5omen and International 0uman 6ights :aw& the State shall& with due
recognition of their distinct characteristics and identit#& accord to the members of the ICCs/Is the
rights& protections and pri$ileges en*o#ed b# the rest of the citizenr#( It shall e'tend to them the same
emplo#ment rights& opportunities& basic ser$ices& educational and other rights and pri$ileges
a$ailable to e$er# member of the societ#( Accordingl#& the State shall likewise ensure that the
emplo#ment of an# form of force of coersion against ICCs/Is shall be dealt with b# law(
The State shall ensure that the fundamental human rights and freedoms as enshrined in the
Constitution and rele$ant international instruments are guaranteed also to indigenous women(
Towards this end& no pro$ision in this Act shall be interpreted so as to result in the diminution of
rights and pri$ileges alread# recognized and accorded to women under e'isting laws of general
application(
'ection 22. Rights during Armed Conflict. - ICCs/Is ha$e the right to special protection and
securit# in periods of armed conflict( The State shall obser$e international standards& in particular&
the +ourth <ene$a Con$ention of 8?>?& for the protection of ci$ilian populations in circumstances of
emergenc# and armed conflict& and shall not recruit members of the ICCs/Is against their will into
armed forces& and in particular& for the use against other ICCs/Is% not recruit children of ICCs/Is
into the armed forces under an# circumstance% nor force indigenous indi$iduals to abandon their
lands& territories and means of subsistence& or relocate them in special centers for militar# purposes
under an# discriminator# condition(
'ection 23. 5reedom from Discrimination and Right to 23ual "pportunit. and Treatment. - It
shall be the right of the ICCs/Is to be free from an# form of discrimination& with respect to
recruitment and conditions of emplo#ment& such that the# ma# en*o# e)ual opportunities as other
occupationall#-related benefits& informed of their rights under e'isting labor legislation and of means
a$ailable to them for redress& not sub*ect to an# coerci$e recruitment s#stems& including bonded
labor and other forms of debt ser$itude% and e)ual treatment in emplo#ment for men and women&
including the protection from se'ual harassment(
Towards this end& the State shall within the framework of national laws and regulations& and in
cooperation with the ICCs/Is concerned& adopt special measures to ensure the effecti$e protection
with regard to the recruitment and conditions of emplo#ment of persons belonging to these
communities& to the e'tent that the# are not effecti$el# protected b# the laws applicable to workers in
general(
ICCs/Is shall ha$e the right to association and freedom for all trade union acti$ities and the right to
conclude collecti$e bargaining agreements with emplo#ers2 conditions( The# shall likewise ha$e the
right not to be sub*ect to working conditions hazardous to their health& particularl# through e'posure
to pesticides and other to'ic substances(
'ection 2.. %nla#ful Acts Pertaining to 2mplo.ment. - It shall be unlawful for an# person:
a( To discriminate against an# ICC/I with respect to the terms and conditions of emplo#ment
on account of their descent( .)ual remuneration shall be paid to ICC/I and non-ICC/I for
work of e)ual $alue% and
b( To den# an# ICC/I emplo#ee an# right or benefit herein pro$ided for or to discharge them
for the purpose of pre$enting them from en*o#ing an# of the rights or benefits pro$ided under
this Act(
'ection 2/. /asic Ser,ices. - The ICC/I ha$e the right to special measures for the immediate&
effecti$e and continuing impro$ement of their economic and social conditions& including in the areas
of emplo#ment& $ocational training and retraining& housing& sanitation& health and social securit#(
articular attention shall be paid to the rights and special needs of indigenous women& elderl#& #outh&
children and differentl#-abled persons( Accordingl#& the State shall guarantee the right of ICCs/Is to
go$ernment 2s basic ser$ices which shall include& but not limited to water and electrical facilities&
education& health and infrastructure(
'ection 20. 6omen. - ICC/I women shall en*o# e)ual rights and opportunities with men& as
regards the social& economic& political and cultural spheres of life( The participation of indigenous
women in the decision-making process in all le$els& as well as in the de$elopment of societ#& shall be
gi$en due respect and recognition(
The State shall pro$ide full access to education& maternal and child care& health and nutrition& and
housing ser$ices to indigenous women( Cocational& technical& professional and other forms of
training shall be pro$ided to enable these women to full# participate in all aspects of social life( As far
as possible& the State shall ensure that indigenous women ha$e access to all ser$ices in their own
languages(
'ection 27. Children and 7outh. - The State shall recognize the $ital role of the children and #outh
of ICCs/Is in nation-building and shall promote and protect their ph#sical& moral& spiritual& moral&
spiritual& intellectual and social well-being( Towards this end& the State shall support all go$ernment
programs intended for the de$elopment and rearing of the children and #outh of ICCs/Is for ci$ic
efficienc# and establish such mechanisms as ma# be necessar# for the protection of the rights of the
indigenous children and #outh(
'ection 28. Integrated S.stem of 2ducation. - The State shall& through the 4CI& pro$ide a
complete& ade)uate and integrated s#stem of education& rele$ant to the needs of the children and
Doung people of ICCs/Is(
C&APTR -"
C)*T)RA* "NT!R"T5
'ection 29. Protection of Indigenous Culture( traditions and institutions. - The state shall
respect& recognize and protect the right of the ICCs/Is to preser$e and protect their culture&
traditions and institutions( It shall consider these rights in the formulation of national plans and
policies(
'ection 31. 2ducational S.stems. - The State shall pro$ide e)ual access to $arious cultural
opportunities to the ICCs/Is through the educational s#stem& public or cultural entities&
scholarships& grants and other incenti$es without pre*udice to their right to establish and control their
educational s#stems and institutions b# pro$iding education in their own language& in a manner
appropriate to their cultural methods of teaching and learning( Indigenous children/#outh shall ha$e
the right to all le$els and forms of education of the State(
'ection 31. Recognition of Cultural Di,ersit.. - The State shall endea$or to ha$e the dignit# and
di$ersit# of the cultures& traditions& histories and aspirations of the ICCs/Is appropriatel# reflected in
all forms of education& public information and cultural-educational e'change( Conse)uentl#& the
State shall take effecti$e measures& in consultation with ICCs/Is concerned& to eliminate pre*udice
and discrimination and to promote tolerance& understanding and good relations among ICCs/Is and
all segments of societ#( +urthermore& the <o$ernment shall take effecti$e measures to ensure that
State-owned media dul# reflect indigenous cultural di$ersit#( The State shall likewise ensure the
participation of appropriate indigenous leaders in schools& communities and international cooperati$e
undertakings like festi$als& conferences& seminars and workshops to promote and enhance their
distincti$e heritage and $alues(
'ection 32. Communit. Intellectual Rights. - ICCs/Is ha$e the right to practice and re$italize
their own cultural traditions and customs( The State shall preser$e& protect and de$elop the past&
present and future manifestations of their cultures as well as the right to the restitution of cultural&
intellectual& religious& and spiritual propert# taken without their free and prior informed consent or in
$iolation of their laws& traditions and customs(
'ection 33. Rights to Religious( Cultural Sites and Ceremonies. - ICCs/Is shall ha$e the right
to manifest& practice& de$elop teach their spiritual and religious traditions& customs and ceremonies%
the right to maintain& protect and ha$e access to their religious and cultural sites% the right to use and
control of ceremonial ob*ect% and the right to the repatriation of human remains( Accordingl#& the
State shall take effecti$e measures& in cooperation with the burial sites& be preser$ed& respected and
protected( To achie$e this purpose& it shall be unlawful to:
a( .'plore& e'ca$ate or make diggings on archeological sites of the ICCs/Is for the purpose
of obtaining materials of cultural $alues without the free and prior informed consent of the
communit# concerned% and
b( 9eface& remo$e or otherwise destro# artifacts which are of great importance to the
ICCs/Is for the preser$ation of their cultural heritage(
'ection 3.. Right to Indigenous 8no#ledge S.stems and Practices and to De,elop o#n
Sciences and Technologies. - ICCs/Is are entitled to the recognition of the full ownership and
control and protection of their cultural and intellectual rights( The# shall ha$e the right to special
measures to control& de$elop and protect their sciences& technologies and cultural manifestations&
including human and other genetic resources& seeds& including deri$ati$es of these resources&
traditional medicines and health practices& $ital medicinal plants& animals and minerals& indigenous
knowledge s#stems and practices& knowledge of the properties of fauna and flora& oral traditions&
literature& designs& and $isual and performing arts(
'ection 3/. Access to /iological and +enetic Resources. - Access to biological and genetic
resources and to indigenous knowledge related to the conser$ation& utilization and enhancement of
these resources& shall be allowed within ancestral lands and domains of the ICCs/Is onl# with a
free and prior informed consent of such communities& obtained in accordance with customar# laws of
the concerned communit#(
'ection 30. Sustaina$le Agro*Technical De,elopment. - The State shall recognize the right of
ICCs/Is to a sustainable agro-technological de$elopment and shall formulate and implement
programs of action for its effecti$e implementation( The State shall likewise promote the bio-genetic
and resource management s#stems among the ICCs/Is and shall encourage cooperation among
go$ernment agencies to ensure the successful sustainable de$elopment of ICCs/Is(
'ection 37. 5unds for Archeological and 9istorical Sites. - The ICCs/Is shall ha$e the right to
recei$e from the national go$ernment all funds especiall# earmarked or allocated for the
management and preser$ation of their archeological and historical sites and artifacts with the
financial and technical support of the national go$ernment agencies(
C&APTR -""
NAT"ONA* CO%%"''"ON ON "N$"!NO)' POP*' 6NC"P7
'ection 38. 4ational Commission on Indigenous Cultural Communities !Indigenous Peoples
:4CCP;. - to carr# out the policies herein set forth& there shall be created the 4ational Commission
on ICCs/Is !4CI"& which shall be the primar# go$ernment agenc# responsible for the formulation
and implementation of policies& plans and programs to promote and protect the rights and well-being
of the ICCs/Is and the recognition of their ancestral domains as well as their rights thereto(
'ection 39. 0andate. - The 4CI shall protect and promote the interest and well-being of the
ICCs/Is with due regard to their beliefs& customs& traditions and institutions(
'ection .1. Composition. - The 4CI shall be an independent agenc# under the 1ffice of the
resident and shall be composed of se$en !E" Commissioners belonging to ICCs/Is& one !8" of
whom shall be the Chairperson( The Commissioners shall be appointed b# the resident of the
hilippines from a list of recommendees submitted b# authentic ICCs/Is: ro$ided& That the se$en
!E" Commissioners shall be appointed specificall# from each of the following ethnographic areas:
6egion I and the Cordilleras% 6egion II% the rest of :uzon% Island <roups including Mindoro& alawan&
6omblon& ana# and the rest of the Cisa#as% 4orthern and 5estern Mindanao% Southern and
.astern Mindanao% and Central Mindanao: ro$ided& That at least two !B" of the se$en !E"
Commissioners shall be women(
'ection .1. <ualifications( Tenure( Compensation. - The Chairperson and the si' !-"
Commissioners must be natural born +ilipino citizens& bonafide members of ICCs/Is as certified b#
his/her tribe& e'perienced in ethnic affairs and who ha$e worked for at least ten !8=" #ears with an
ICC/I communit# and/or an# go$ernment agenc# in$ol$ed in ICC/I& at least 3, #ears of age at the
time of appointment& and must be of pro$en honest# and integrit#: ro$ided& That at least two !B" of
the se$en !E" Commissioners shall be the members of the hilippine /ar: ro$ided& further& That the
members of the 4CI shall hold office for a period of three !3" #ears& and ma# be sub*ect to re-
appointment for another term: ro$ided& furthermore& That no person shall ser$e for more than two
!B" terms( Appointment to an# $acanc# shall onl# be for the une'pired term of the predecessor and in
no case shall a member be appointed or designated in a temporar# or acting capacit#: ro$ided&
finall#& That the Chairperson and the Commissioners shall be entitled to compensation in accordance
with the Salar# Standardization :aw(
'ection .2. Remo,al from "ffice. - An# member of the 4CI ma# be remo$ed from office b# the
resident& on his own initiati$e or upon recommendation b# an# indigenous communit#& before the
e'piration of his term for cause and after compl#ing with due process re)uirement of law(
'ection .3. Appointment of Commissioners. - The resident shall appoint the se$en !E"
Commissioners of the 4CI within ninet# !?=" da#s from the effecti$it# of this Act(
'ection ... Po#ers and 5unctions. - To accomplish its mandate& the 4CI shall ha$e the following
powers& *urisdiction and function:
a" To ser$e as the primar# go$ernment agenc# through which ICCs/Is can seek
go$ernment assistance and as the medium& thorough which such assistance ma# be
e'tended%
b" To re$iew and assess the conditions of ICCs/Is including e'isting laws and policies
pertinent thereto and to propose rele$ant laws and policies to address their role in national
de$elopment%
c" To formulate and implement policies& plans& programs and pro*ects for the economic&
social and cultural de$elopment of the ICCs/Is and to monitor the implementation thereof%
d" To re)uest and engage the ser$ices and support of e'perts from other agencies of
go$ernment or emplo# pri$ate e'perts and consultants as ma# be re)uired in the pursuit of
its ob*ecti$es%
e" To issue certificate of ancestral land/domain title%
f" Sub*ect to e'isting laws& to enter into contracts& agreements& or arrangement& with
go$ernment or pri$ate agencies or entities as ma# be necessar# to attain the ob*ecti$es of
this Act& and sub*ect to the appro$al of the resident& to obtain loans from go$ernment
lending institutions and other lending institutions to finance its programs%
g" To negotiate for funds and to accept grants& donations& gifts and/or properties in whate$er
form and from whate$er source& local and international& sub*ect to the appro$al of the
resident of the hilippines& for the benefit of ICCs/Is and administer the same in
accordance with the terms thereof% or in the absence of an# condition& in such manner
consistent with the interest of ICCs/Is as well as e'isting laws%
h" To coordinate de$elopment programs and pro*ects for the ad$ancement of the ICCs/Is
and to o$ersee the proper implementation thereof%
i" To con$ene periodic con$entions or assemblies of Is to re$iew& assess as well as propose
policies or plans%
*" To ad$ise the resident of the hilippines on all matters relating to the ICCs/Is and to
submit within si't# !-=" da#s after the close of each calendar #ear& a report of its operations
and achie$ements%
k" To submit to Congress appropriate legislati$e proposals intended to carr# out the policies
under this Act%
l" To prepare and submit the appropriate budget to the 1ffice of the resident%
m" To issue appropriate certification as a pre-condition to the grant of permit& lease& grant& or
an# other similar authorit# for the disposition& utilization& management and appropriation b#
an# pri$ate indi$idual& corporate entit# or an# go$ernment agenc#& corporation or subdi$ision
thereof on an# part or portion of the ancestral domain taking into consideration the
consensus appro$al of the ICCs/Is concerned%
n" To decide all appeals from the decisions and acts of all the $arious offices within the
Commission:
o" To promulgate the necessar# rules and regulations for the implementation of this Act%
p" To e'ercise such other powers and functions as ma# be directed b# the resident of the
6epublic of the hilippines% and
)" To represent the hilippine ICCs/Is in all international conferences and con$entions
dealing with indigenous peoples and other related concerns(
'ection ./. Accessi$ilit. and Transparenc.. - Sub*ect to such limitations as ma# be pro$ided b#
law or b# 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 polic# de$elopment of the Commission shall be made accessible to the public(
'ection .0. "fficers #ithin the 4CIP. - The 4CI shall ha$e the following offices which shall be
responsible for the implementation of the policies herein after pro$ided:
a( Ancestral Domains )ffice - The Ancestral 9omain 1ffice shall be responsible for the
identification& delineation and recognition of ancestral land/domains( It shall also be
responsible for the management of ancestral lands/domains in accordance with the master
plans as well as the implementation of the ancestral domain rights of the ICCs/Is as
pro$ided in Chapter III of this Act( It shall also issue& upon the free and prior informed
consent of the ICCs/Is concerned& certification prior to the grant of an# license& lease or
permit for the e'ploitation of natural resources affecting the interests of ICCs/Is in
protecting the territorial integrit# of all ancestral domains( It shall likewise perform such other
functions as the Commission ma# deem appropriate and necessar#%
b( )ffice on Policy0 Planning and Research ! The 1ffice on olic#& lanning and 6esearch
shall be responsible for the formulation of appropriate policies and programs for ICCs/Is
such as& but not limited to& the de$elopment of a +i$e-Dear Master lan for the ICCs/Is(
Such plan shall undergo a process such that e$er# fi$e #ears& the Commission shall
endea$or to assess the plan and make ramifications in accordance with the changing
situations( The 1ffice shall also undertake the documentation of customar# law and shall
establish and maintain a 6esearch Center that would ser$e as a depositor# of ethnographic
information for monitoring& e$aluation and polic# formulation( It shall assist the legislati$e
branch of the national go$ernment in the formulation of appropriate legislation benefiting
ICCs/Is(
c( )ffice of -ducation0 Culture and Health - The 1ffice on Culture& .ducation and 0ealth
shall be responsible for the effecti$e implementation of the education& cultural and related
rights as pro$ided in this Act( It shall assist& promote and support communit# schools& both
formal and non-formal& for the benefit of the local indigenous communit#& especiall# in areas
where e'isting educational facilities are not accessible to members of the indigenous group(
It shall administer all scholarship programs and other educational rights intended for ICC/I
beneficiaries in coordination with the 9epartment of .ducation& Culture and Sports and the
Commission on 0igher .ducation( It shall undertake& within the limits of a$ailable
appropriation& a special program which includes language and $ocational training& public
health and famil# assistance program and related sub*ects(
It shall also identif# ICCs/Is with potential training in the health profession and encourage
and assist them to enroll in schools of medicine& nursing& ph#sical therap# and other allied
courses pertaining to the health profession(
Towards this end& the 4CI shall deplo# a representati$e in each of the said offices who shall
personall# perform the foregoing task and who shall recei$e complaints from the ICCs/Is
and compel action from appropriate agenc#( It shall also monitor the acti$ities of the 4ational
Museum and other similar go$ernment agencies generall# intended to manage and preser$e
historical and archeological artifacts of the ICCs /Is and shall be responsible for the
implementation of such other functions as the 4CI ma# deem appropriate and necessar#%
d( )ffice on Socio!-conomic Services and Special Concerns - The 1ffice on Socio-
.conomic Ser$ices and Special Concerns shall ser$e as the 1ffice through which the 4CI
shall coordinate with pertinent go$ernment agencies speciall# charged with the
implementation of $arious basic socio-economic ser$ices& policies& plans and programs
affecting the ICCs/Is to ensure that the same are properl# and directl# en*o#ed b# them( It
shall also be responsible for such other functions as the 4CI ma# deem appropriate and
necessar#%
e( )ffice of -mpo"erment and Human Rights - The 1ffice of .mpowerment and 0uman
6ights shall ensure that indigenous socio- political& cultural and economic rights are
respected and recognized( It shall ensure that capacit# building mechanisms are instituted
and ICCs/Is are afforded e$er# opportunit#& if the# so choose& to participate in all le$el
decision-making( It shall likewise ensure that the basic human rights& and such other rights
as the 4CI ma# determine& sub*ect to e'isting laws& rules and regulations are protected and
promoted%
f( Administrative )ffice ! The Administrati$e 1ffice shall pro$ide the 4CI with economical&
efficient and effecti$e ser$ices pertaining to personnel& finance& records& e)uipment& securit#&
supplies& and related ser$ices( It shall also administer the Ancestral 9omains +und% and
g( Legal Affairs )ffice - There shall be a :egal Affairs 1ffice which shall ad$ice the 4CI on
all legal matters concerning ICCs/Is and which shall be responsible for pro$iding ICCs/Is
with legal assistance in litigation in$ol$ing communit# interest( It shall conduct preliminar#
in$estigation on the basis of complaints filed b# the ICCs/Is against a natural or *uridical
person belie$ed to ha$e $iolated ICCs/Is rights( 1n the basis of its findings& it shall initiate
the filing of appropriate legal or administrati$e action to the 4CI(
'ection .7. "ther "ffices. - The 4CI shall ha$e the power to create additional offices as it ma#
deem necessar# sub*ect to e'isting rules and regulations(
'ection .8. Regional and 5ield "ffices. - .'isting regional and field offices shall remain to function
under the strengthened organizational structure of the 4CI( 1ther field office shall be created
where$er appropriate and the staffing pattern thereof shall be determined b# the 4CI: ro$ided&
That in pro$inces where there are ICCs/Is but without field offices& the 4CI shall establish field
offices in said pro$inces(
'ection .9. "ffice of the 2=ecuti,e Director. - The 4CI shall create the 1ffice of the .'ecuti$e
9irector which shall ser$e as its secretariat( The office shall be headed b# an .'ecuti$e 9irector who
shall be appointed b# the resident of the 6epublic of the hilippines upon the recommendation of
the 4CI on a permanent basis( The staffing pattern of the office shall be determined b# the 4CI
sub*ect to e'isting rules and regulations(
'ection /1. Consultati,e /od.. - A bod# consisting of the traditional leaders& elders and
representati$es from the women and #outh sectors of the different ICCs/Is shall be constituted b#
the 4CI from the time to time to ad$ise it on matters relating to the problems& aspirations and
interests of the ICCs/Is(
C&APTR -"""
$*"NAT"ON AN$ RCO!N"T"ON O( ANC'TRA* $O%A"N'
'ection /1. Delineation and Recognition of Ancestral Domains. - Self-delineation shall be
guiding principle in the identification and delineation of ancestral domains( As such& the ICCs/Is
concerned shall ha$e a decisi$e role in all the acti$ities pertinent thereto( The Sworn Statement of
the .lders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/Is&
if an#& will be essential to the determination of these traditional territories( The <o$ernment shall take
the necessar# steps to identif# lands which the ICCs/Is concerned traditionall# occup# and
guarantee effecti$e protection of their rights of ownership and possession thereto( Measures shall be
taken in appropriate cases to safeguard the rights of the ICCs/Is concerned to land which ma# no
longer be e'clusi$el# occupied b# them& but to which the# ha$e traditionall# had access for their
subsistence and traditional acti$ities& particularl# of ICCs/Is who are still nomadic and/or shifting
culti$ators(
'ection /2. 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 pro$isions hereunder shall not appl#
to ancestral domains/lands alread# delineated according to 9.46 Administrati$e 1rder 4o(
B& series of 8??3& nor to ancestral lands and domains delineated under an# other
communit#/ancestral domain program prior to the enactment of his law( ICCs/Is enactment
of this law shall ha$e the right to appl# for the issuance of a Certificate of Ancestral 9omain
Title !CA9T" o$er the area without going through the process outlined hereunder%
b( Petition for Delineation - The process of delineating a specific perimeter ma# be initiated
b# the 4CI with the consent of the ICC/I concerned& or through a etition for 9elineation
filed with the 4CI& b# a ma*orit# of the members of the ICCs/Is%
c( Delineation Paper - The official delineation of ancestral domain boundaries including
census of all communit# members therein& shall be immediatel# undertaken b# the Ancestral
9omains 1ffice upon filing of the application b# the ICCs/Is concerned( 9elineation will be
done in coordination with the communit# concerned and shall at all times include genuine
in$ol$ement and participation b# the members of the communities concerned%
d( Proof re1uired - roof of Ancestral 9omain Claims shall include the testimon# of elders or
communit# under oath& and other documents directl# or indirectl# attesting to the possession
or occupation of the area since time immemorial b# such ICCs/Is in the concept of owners
which shall be an# one !8" of the following authentic documents:
8( 5ritten accounts of the ICCs/Is customs and traditions%
B( 5ritten accounts of the ICCs/Is political structure and institution%
3( ictures showing long term occupation such as those of old impro$ements& burial
grounds& sacred places and old $illages%
>( 0istorical accounts& including pacts and agreements concerning boundaries
entered into b# the ICCs/Is concerned with other ICCs/Is%
,( Sur$e# plans and sketch maps%
-( Anthropological data%
E( <enealogical sur$e#s%
@( ictures and descripti$e histories of traditional communal forests and hunting
grounds%
?( ictures and descripti$e histories of traditional landmarks such as mountains&
ri$ers& creeks& ridges& hills& terraces and the like% and
8=( 5rite-ups of names and places deri$ed from the nati$e dialect of the communit#(
e( Preparation of .aps - 1n the basis of such in$estigation and the findings of fact based
thereon& the Ancestral 9omains 1ffice of the 4CI shall prepare a perimeter map& complete
with technical descriptions& and a description of the natural features and landmarks
embraced therein%
f( Report of $nvestigation and )ther Documents - A complete cop# of the preliminar# census
and a report of in$estigation& shall be prepared b# the Ancestral 9omains 1ffice of the 4CI%
g( &otice and Publication - A cop# of each document& including a translation in the nati$e
language of the ICCs/Is concerned shall be posted in a prominent place therein for at least
fifteen !8," da#s( A cop# of the document shall also be posted at the local& pro$incial and
regional offices of the 4CI& and shall be published in a newspaper of general circulation
once a week for two !B" consecuti$e weeks to allow other claimants to file opposition thereto
within fifteen !8," da#s from the date of such publication: ro$ided& That in areas where no
such newspaper e'ists& broadcasting in a radio station will be a $alid substitute: ro$ided&
further& That mere posting shall be deemed sufficient if both newspaper and radio station are
not a$ailable%
h( -ndorsement to &C$P ! 5ithin fifteen !8," da#s from publication& and of the inspection
process& the Ancestral 9omains 1ffice shall prepare a report to the 4CI endorsing a
fa$orable action upon a claim that is deemed to ha$e sufficient proof( 0owe$er& if the proof is
deemed insufficient& the Ancestral 9omains 1ffice shall re)uire the submission of additional
e$idence: ro$ided& That the Ancestral 9omains 1ffice shall re*ect an# claim that is deemed
patentl# false or fraudulent after inspection and $erification: ro$ided& further& That in case of
re*ection& the Ancestral 9omains 1ffice shall gi$e the applicant due notice& cop# furnished all
concerned& containing the grounds for denial( The denial shall be appealable to the 4CI:
ro$ided& furthermore& That in cases where there are conflicting claims& the Ancestral
9omains 1ffice shall cause the contending parties to meet and assist them in coming up with
a preliminar# resolution of the conflict& without pre*udice to its full ad*udication according to
the selection below(
i( urnover of Areas /ithin Ancestral Domains .anaged by )ther 2overnment Agencies -
The Chairperson of the 4CI shall certif# that the area co$ered is an ancestral domain( The
secretaries of the 9epartment of Agrarian 6eform& 9epartment of .n$ironment and 4atural
6esources& 9epartment of the Interior and :ocal <o$ernment& and 9epartment of 7ustice&
the Commissioner of the 4ational 9e$elopment Corporation& and an# other go$ernment
agenc# claiming *urisdiction o$er the area shall be notified thereof( Such notification shall
terminate an# legal basis for the *urisdiction pre$iousl# claimed%
*( $ssuance of CAD - ICCs/Is whose ancestral domains ha$e been officiall# delineated and
determined b# the 4CI shall be issued a CA9T in the name of the communit# concerned&
containing a list of all those identified in the census% and
k( Registration of CADs - The 4CI shall register issued certificates of ancestral domain
titles and certificates of ancestral lands titles before the 6egister of 9eeds in the place where
the propert# is situated(
'ection /3. Identification( Delineation and Certification of Ancestral ands. -
a( The allocation of lands within an# ancestral domain to indi$idual or indigenous corporate
!famil# or clan" claimants shall be left to the ICCs/Is concerned to decide in accordance
with customs and traditions%
b( Indi$idual and indigenous corporate claimants of ancestral lands which are not within
ancestral domains& ma# ha$e their claims officiall# established b# filing applications for the
identification and delineation of their claims with the Ancestral 9omains 1ffice( An indi$idual
or recognized head of a famil# or clan ma# file such application in his behalf or in behalf of
his famil# or clan& respecti$el#%
c( roofs of such claims shall accompan# the application form which shall include the
testimon# under oath of elders of the communit# and other documents directl# or indirectl#
attesting to the possession or occupation of the areas since time immemorial b# the
indi$idual or corporate claimants in the concept of owners which shall be an# of the authentic
documents enumerated under Sec( ,B !d" of this act& including ta' declarations and proofs of
pa#ment of ta'es%
d( The Ancestral 9omains 1ffice ma# re)uire from each ancestral claimant the submission of
such other documents& Sworn Statements and the like& which in its opinion& ma# shed light
on the $eracit# of the contents of the application/claim%
e( ;pon receipt of the applications for delineation and recognition of ancestral land claims&
the Ancestral 9omains 1ffice shall cause the publication of the application and a cop# of
each document submitted including a translation in the nati$e language of the ICCs/Is
concerned in a prominent place therein for at least fifteen !8," da#s( A cop# of the document
shall also be posted at the local& pro$incial& and regional offices of the 4CI and shall be
published in a newspaper of general circulation once a week for two !B" consecuti$e weeks
to allow other claimants to file opposition thereto within fifteen !8," da#s from the date of
such publication: ro$ided& That in areas where no such newspaper e'ists& broadcasting in a
radio station will be a $alid substitute: ro$ided& further& That mere posting shall be deemed
sufficient if both newspapers and radio station are not a$ailable
f( +ifteen !8," da#s after such publication& the Ancestral 9omains 1ffice shall in$estigate and
inspect each application& and if found to be meritorious& shall cause a parcellar# sur$e# of
the area being claimed( The Ancestral 9omains office shall re*ect an# claim that is deemed
patentl# false or fraudulent after inspection and $erification( In case of re*ection& the
Ancestral 9omains office shall gi$e the applicant due notice& cop# furnished all concerned&
containing the grounds for denial( The denial shall be appealable to the 4CI( In case of
conflicting claims among indi$idual or indigenous corporate claimants& the Ancestral domains
1ffice shall cause the contending parties to meet and assist them in coming up with a
preliminar# resolution of the conflict& without pre*udice to its full ad*udication according to
Sec( -B of this Act( In all proceedings for the identification or delineation of the ancestral
domains as herein pro$ided& the 9irector of :ands shall represent the interest of the
6epublic of the hilippines% and
g( The Ancestral 9omains 1ffice shall prepare and submit a report on each and e$er#
application sur$e#ed and delineated to the 4CI& which shall& in turn& e$aluate or corporate
!famil# or clan" claimant o$er ancestral lands(
'ection /.. 5raudulent Claims. - The Ancestral 9omains 1ffice ma#& upon written re)uest from the
ICCs/Is& re$iew e'isting claims which ha$e been fraudulentl# ac)uired b# an# person or communit#(
An# claim found to be fraudulentl# ac)uired b#& and issued to& an# person or communit# ma# be
cancelled b# the 4CI after due notice and hearing of all parties concerned(
'ection //. Communal Rights. - Sub*ect to Section ,- hereof& areas within the ancestral domains&
whether delineated or not& shall be presumed to be communall# held: ro$ide& That communal rights
under this Act shall not be construed as co-ownership as pro$ided in 6epublic Act( 4o( 3@-&
otherwise known as the 4ew Ci$il Code(
'ection /0. 2=isting Propert. Rights Regimes. - ropert# rights within the ancestral domains
alread# e'isting and/or $ested upon effecti$it# of this Act& shall be recognized and respected(
'ection /7. 4atural Resources #ithin Ancestral Domains. - The ICCs/Is shall ha$e the priorit#
rights in the har$esting& e'traction& de$elopment or e'ploitation of an# natural resources within the
ancestral domains( A non-member of the ICCs/Is concerned ma# be allowed to take part in the
de$elopment and utilization of the natural resources for a period of not e'ceeding twent#-fi$e !B,"
#ears renewable for not more than twent#-fi$e !B," #ears: ro$ided& That a formal and written
agreement is entered into with the ICCs/Is concerned or that the communit#& pursuant to its own
decision making process& has agreed to allow such operation: ro$ided& finall#& That the all
e'tractions shall be used to facilitate the de$elopment and impro$ement of the ancestral domains(
'ection /8. 2n,ironmental Consideration. - Ancestral domains or portion thereof& which are found
necessar# for critical watersheds& mangro$es wildlife sanctuaries& wilderness& protected areas& forest
co$er& or reforestation as determined b# the appropriate agencies with the full participation of the
ICCs/Is concerned shall be maintained& managed and de$eloped for such purposes( The ICCs/Is
concerned shall be gi$en the responsibilit# to maintain& de$elop& protect and conser$e such areas
with the full and effecti$e assistance of the go$ernment agencies( Should the ICCs/Is decide to
transfer the responsibilit# o$er the areas& said decision must be made in writing( The consent of the
ICCs/Is should be arri$ed at in accordance with its customar# laws without pre*udice to the basic
re)uirement of the e'isting laws on free and prior informed consent: ro$ided& That the transfer shall
be temporar# and will ultimatel# re$ert to the ICCs/Is in accordance with a program for technolog#
transfer: ro$ided& further& That no ICCs/Is shall be displaced or relocated for the purpose
enumerated under this section without the written consent of the specific persons authorized to gi$e
consent(
'ection /9. Certification Precondition. - all department and other go$ernmental agencies shall
henceforth be strictl# en*oined from issuing& renewing& or granting an# concession& license or lease&
or entering into an# production-sharing agreement& without prior certification from the 4CI that the
area affected does not o$erlap with an# ancestral domain( Such certificate shall onl# be issued after
a field-based in$estigation is conducted b# the Ancestral 9omain 1ffice of the area concerned:
ro$ided& That no certificate shall be issued b# the 4CI without the free and prior informed and
written consent of the ICCs/Is concerned: ro$ided& further& That no department& go$ernment
agenc# or go$ernment-owned or -controlled corporation ma# issue new concession& license& lease&
or production sharing agreement while there is pending application CA9T: ro$ided& finall#& That the
ICCs/Is shall ha$e the right to stop or suspend& in accordance with this Act& an# pro*ect that has not
satisfied the re)uirement of this consultation process(
'ection 01. 2=emption from Ta=es. - All lands certified to be ancestral domains shall be e'empt
from real propert# ta'es& speciall# le$ies& and other forms of e'action e'cept such portion of the
ancestral domains as are actuall# used for large-scale agriculture& commercial forest plantation and
residential purposes and upon titling b# other b# pri$ate person: ro$ided& that all e'actions shall be
used to facilitate the de$elopment and impro$ement of the ancestral domains(
'ection 01. Temporar. Re3uisition Po#ers. - rior to the establishment of an institutional
sur$e#ing capacit# whereb# it can effecti$el# fulfill its mandate& but in no case be#ond three !3" #ears
after its creation& the 4CI is hereb# authorized to re)uest the 9epartment of .n$ironment and
4atural 6esources !9.46" sur$e# teams as well as other e)uall# capable pri$ate sur$e# teams&
through a Memorandum of Agreement !M1A"& to delineate ancestral domain perimeters( The 9.46
Secretar# shall accommodate an# such re)uest within one !8" month of its issuance: ro$ided& That
the Memorandum of Agreement shall stipulate& among others& a pro$ision for technolog# transfer to
the 4CI(
'ection 02. Resolution of Conflicts. - In cases of conflicting interest& where there are ad$erse
claims within the ancestral domains as delineated in the sur$e# plan& and which cannot be resol$ed&
the 4CI shall hear and decide& after notice to the proper parties& the disputes arising from the
delineation of such ancestral domains: ro$ided& That if the dispute is between and/or among
ICCs/Is regarding the traditional boundaries of their respecti$e ancestral domains& customar#
process shall be followed( The 4CI shall promulgate the necessar# rules and regulations to carr#
out its ad*udicator# functions: ro$ided& further& That in an# decision& order& award or ruling of the
4CI on an# ancestral domain dispute or on an# matter pertaining to the application&
implementation& enforcement and interpretation of this Act ma# be brought for etition for 6e$iew to
the Court of Appeals within fifteen !8," da#s from receipt of a cop# thereof(
'ection 03. Applica$le a#s. - Customar# laws& traditions and practices of the ICCs/Is of the land
where the conflict arises shall be applied first with respect to propert# rights& claims and ownerships&
hereditar# succession and settlement of land disputes( An# doubt or ambiguit# in the application of
laws shall be resol$ed in fa$or of the ICCs/Is(
'ection 0.. Remedial 0easures. - .'propriation ma# be resorted to in the resolution of conflicts of
interest following the principle of the Fcommon goodF( The 4CI shall take appropriate legal action
for the cancellation of officiall# documented titles which were ac)uired illegall#: ro$ided& That such
procedure shall ensure that the rights of possessors in good faith shall be respected: ro$ided&
further& That the action for cancellation shall be initiated within two !B" #ears from the effecti$it# of
this Act: ro$ided& finall#& That the action for recon$e#ance shall be a period of ten !8=" #ears in
accordance with e'isting laws(
C&APTR "8
4)R"'$"CT"ON AN$ PROC$)R' (OR N(ORC%NT O( R"!&T'
'ection 0/. Primar. of Customar. a#s and Practices. - 5hen disputes in$ol$e ICCs/Is&
customar# laws and practices shall be used to resol$e the dispute(
'ection 00. -urisdiction of the 4CIP. - The 4CI& through its regional offices& shall ha$e
*urisdiction o$er all claims and disputes in$ol$ing rights of ICCs/Is% ro$ided& howe$er& That no
such dispute shall be brought to the 4CI unless the parties ha$e e'hausted all remedies pro$ided
under their customar# laws( +or this purpose& a certification shall be issued b# the Council of
.lders/:eaders who participated in the attempt to settle the dispute that the same has not been
resol$ed& which certification shall be a condition precedent to the filing of a petition with the 4CI(
'ection 07. Appeals to the Court of Appeals. - 9ecisions of the 4CI shall be appealable to the
Court of Appeals b# wa# of a petition for re$iew(
'ection 08. 2=ecution of Decisions( A#ards( "rders. - ;pon e'piration of the period here
pro$ided and no appeal is perfected b# an# of the contending parties& the 0earing 1fficer of the
4CI& on its own initiati$e or upon motion b# the pre$ailing part#& shall issue a writ of e'ecution
re)uiring the sheriff or the proper officer to e'ecute final decisions& orders or awards of the 6egional
0earing 1fficer of the 4CI(
'ection 09. <uasi*-udicial Po#ers of the 4CIP. - The 4CI shall ha$e the power and authorit#:
a( To promulgate rules and regulations go$erning the hearing and disposition of cases filed
before it as well as those pertaining to its internal functions and such rules and regulations
as ma# be necessar# to carr# out the purposes of this Act%
b( To administer oaths& summon the parties to a contro$ers#& issue subpoenas re)uiring the
attendance and testimon# of witnesses or the production of such books& papers& contracts&
records& agreements and other document of similar nature as ma# be material to a *ust
determination of the matter under in$estigation or hearing conducted in pursuance of this
Act%
c( To hold an# person in contempt& directl# or indirectl#& and impose appropriate penalties
therefor% and
d( To en*oin an# or all acts in$ol$ing or arising from an# case pending therefore it which& if not
restrained forthwith& ma# cause gra$e or irreparable damage to an# of the parties to the case
or seriousl# affect social or economic acti$it#(
'ection 71. 4o restraining "rder or Preliminar. In>unction. - 4o inferior court of the hilippines
shall ha$e the *urisdiction to issue an# restraining order or writ of preliminar# in*unction against the
4CI or an# of its dul# authorized or designated offices in an# case& dispute or contro$ers# to& or
interpretation of this Act and other pertinent laws relating to ICCs/Is and ancestral domains(
C&APTR 8
ANC'TRA* $O%A"N' ()N$
'ection 71. Ancestral Domains 5und. - There is hereb# created a special fund& to be known as the
Ancestral 9omains +und& an initial amount of the 1ne 0undred thirt# million pesos!83=&===&===" to
co$er compensation for e'propriated lands& delineation and de$elopment of ancestral domains( An
amount of +ift# million pesos !,=&===&===" shall be sourced from the gross income of the hilippine
Charit# Sweepstakes 1ffice !CS1" from its lotto operation& Ten millions pesos !8=&===&===" from
the gross receipts of the tra$el ta' of the preceding #ear& the fund of the Social 6eform Council
intended for sur$e# and delineation of ancestral lands/domains& and such other source as the
go$ernment ma# be deem appropriate( Thereafter such amount shall be included in the annual
<eneral Appropriations Act( +oreign as well as local funds which are made a$ailable for the ICCs/Is
through the go$ernment of the hilippines shall be coursed through the 4CI( The 4CI ma# also
solicit and recei$e donations& endowments shall be e'empted from income or gift ta'es and all other
ta'es& charges or fees imposed b# the go$ernment or an# political subdi$ision or instrumentalit#
thereof(
C&APTR 8"
PNA*T"'
'ection 72. Punisha$le Acts and Applica$le Penalties. - An# person who commits $iolation of an#
of the pro$isions of this Act& such as& but not limited to& authorized and/or unlawful intrusion upon an#
ancestral lands or domains as stated in Sec( 8=& Chapter III& or shall commit an# of the prohibited
acts mentioned in Sections B8 and B>& Chapter C& Section 33& Chapter CI hereof& shall be punished
in accordance with the customar# laws of the ICCs/Is concerned: ro$ided& That no such penalt#
shall be cruel& degrading or inhuman punishment: ro$ided& further& That neither shall the death
penalt# or e'cessi$e fines be imposed( This pro$ision shall be without pre*udice to the right of an#
ICCs/Is to a$ail of the protection of e'isting laws( In which case& an# person who $iolates an#
pro$ision of this Act shall& upon con$iction& be punished b# imprisonment of not less than nine !?"
months but not more than twel$e !8B" #ears or a fine not less than 1ne hundred thousand pesos
!8==&===" nor more than +i$e hundred thousand pesos !,==&===" or both such fine and
imprisonment upon the discretion of the court( In addition& he shall be obliged to pa# to the ICCs/Is
concerned whate$er damage ma# ha$e been suffered b# the latter as a conse)uence of the unlawful
act(
'ection 73. Persons Su$>ect to Punishment. - If the offender is a *uridical person& all officers such
as& but not limited to& its president& manager& or head of office responsible for their unlawful act shall
be criminall# liable therefor& in addition to the cancellation of certificates of their registration and/or
license: ro$ided& That if the offender is a public official& the penalt# shall include perpetual
dis)ualification to hold public office(
C&APTR 8""
%R!R O( T& O(("C (OR NORT&RN C)*T)RA* CO%%)N"T"' 6ONCC7 AN$ T&
O(("C (OR 'O)T&RN C)*T)RA* CO%%)N"T"' 6O'CC7
'ection 7.. 0erger of "4CC!"SCC. - The 1ffice for 4orthern Cultural Communities !14CC" and
the 1ffice of Southern Cultural Communities !1SCC"& created under .'ecuti$e 1rder 4os( 8BB-/
and 8BB-C respecti$el#& are hereb# merged as organic offices of the 4CI and shall continue to
function under a re$italized and strengthened structures to achie$e the ob*ecti$es of the 4CI:
ro$ided& That the positions of 6egional 9irectors and below& are hereb# phased-out upon the
effecti$it# of this Act: ro$ided& further& That officials and emplo#ees of the phased-out offices who
ma# be )ualified ma# appl# for reappointment with the 4CI and ma# be gi$en prior rights in the
filing up of the newl# created positions of 4CI& sub*ect to the )ualifications set b# the lacement
Committee: ro$ided& furthermore& That in the case where an indigenous person and a non-
indigenous person with similar )ualifications appl# for the same position& priorit# shall be gi$en to the
former( 1fficers and emplo#ees who are to be phased-out as a result of the merger of their offices
shall be entitled to gratuit# a rate e)ui$alent to one and a half !8 8/B" months salar# for e$er# #ear of
continuous and satisfactor# ser$ice rendered or the e)ui$alent nearest fraction thereof fa$orable to
them on the basis of the highest salar# recei$ed( If the# are alread# entitled to retirement benefits or
the gratuit# herein pro$ided( 1fficers and emplo#ees who ma# be reinstated shall refund such
retirement benefits or gratuit# recei$ed: ro$ided& finall# That absorbed personnel must still meet the
)ualifications and standards set b# the Ci$il Ser$ice and the lacement Committee herein created(
'ection 7/. Transition Period. - The 14CC/1SCC shall ha$e a period of si' !-" months from the
effecti$it# of this Act within which to wind up its affairs and to conduct audit of its finances(
'ection 70. Transfer of Assets!Properties. - All real and personal properties which are $ested in&
or belonging to& the merged offices as aforestated shall be transferred to the 4CI without further
need of con$e#ance& transfer or assignment and shall be held for the same purpose as the# were
held b# the former offices: ro$ided& That all contracts& records and documents shall be transferred
to the 4CI( All agreements and contracts entered into b# the merged offices shall remain in full
force and effect unless otherwise terminated& modified or amended b# the 4CI(
'ection 77. Placement Committee. - Sub*ect to rules on go$ernment reorganization& a lacement
Committee shall be created b# the 4CI& in coordination with the Ci$il Ser$ice Commission& which
shall assist in the *udicious selection and placement of personnel in order that the best )ualified and
most deser$ing persons shall be appointed in the reorganized agenc#( The placement Committee
shall be composed of se$en !E" commissioners and an ICCs/Is representati$e from each of the first
and second le$el emplo#ees association in the 1ffices for 4orthern and Southern Cultural
Communities !14CC/1SCC"& nongo$ernment organizations !4<1s" who ha$e ser$ed the
communit# for at least fi$e !," #ears and peoples organizations !1s" with at least fi$e !," #ears of
e'istence( The# shall be guided b# the criteria of retention and appointment to be prepared b# the
consultati$e bod# and b# the pertinent pro$isions of the ci$il ser$ice law(
C&APTR 8"""
("NA* PRO-"'"ON'
'ection 78. Special Pro,ision. - The Cit# of /aguio shall remain to be go$erned b# its Chapter and
all lands proclaimed as part of its townsite reser$ation shall remain as such until otherwise
reclassified b# appropriate legislation: ro$ided& That prior land rights and titles recognized and/or
re)uired through an# *udicial& administrati$e or other processes before the effecti$it# of this Act shall
remain $alid: ro$ided& further& That this pro$ision shall not appl# to an# territor# which becomes part
of the Cit# of /aguio after the effecti$it# of this Act(
'ection 79. Appropriations. - The amount necessar# to finance the initial implementation of this Act
shall be charged against the current #ear2s appropriation of the 14CC and the 1SCC( Thereafter&
such sums as ma# be necessar# for its continued implementation shall be included in the annual
<eneral Appropriations Act(
'ection 81. Implementing Rules and Regulations. - 5ithin si't# !-=" da#s immediatel# after
appointment& the 4CI shall issue the necessar# rules and regulations& in consultation with the
Committees on 4ational Cultural Communities of the 0ouse of 6epresentati$es and the Senate& for
the effecti$e implementation of this Act(
'ection 81. Sa,ing Clause. - This Act will not in an# manner ad$ersel# affect the rights and benefits
of the ICCs/Is under other con$entions& recommendations& international treaties& national laws&
awards& customs and agreements(
'ection 82. Separa$ilit. Clause. - In case an# pro$ision of this Act or an# portion thereof is
declared unconstitutional b# a competent court& other pro$isions shall not be affected thereb#(
'ection 83. Repealing Clause. - residential 9ecree 41( >8=& .'ecuti$e 1rder 4os( 8BB-/ and
8BB-C& and all other laws& decrees& orders& rules and regulations or parts thereof inconsistent with
this Act are hereb# repealed or modified accordingl#(
'ection 8.. 2ffecti,it.. - This Act shall take effect fifteen da#s !8," da#s upon its publication in the
1fficial <azette or in an# two !B" newspapers of general circulation(
Approved: 29 October 1997(