INDIGENOUS PEOPLES RIGHTS ACT

Case Overview and Summary

Summary of the Indigenous Peoples Rights Act of 1997

Recognition and Promotion of Indigenous Peoples' Rights
- Recognizes and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of national unity and development. (Sec. 2)
- Recognizes the rights of ICCs/IPs to their ancestral domains and customary laws governing property rights. (Sec. 2b)
- Recognizes the rights of ICCs/IPs to preserve and develop their cultures, traditions, and institutions. (Sec. 2c)
- Guarantees equal rights and non-discrimination of ICCs/IPs, regardless of sex. (Sec. 2d)
- Ensures participation of ICCs/IPs in decision-making and development programs affecting them. (Sec. 2e)
- Recognizes the obligations to respond to the cultural integrity of ICCs/IPs. (Sec. 2f)

Definition of Terms (Sec. 3)
- Defines key terms such as "ancestral domains," "ancestral lands," "certificate of ancestral domain title," "customary laws," "free and prior informed consent," "indigenous cultural communities/indigenous peoples," "indigenous political structure," "native title," "sustainable traditional resource rights," and "time immemorial."

Rights to Ancestral Domains (Sec. 7)
- Recognizes the ownership and possession rights of ICCs/IPs over their ancestral domains, including:
- Right to claim ownership over lands, bodies of water, sacred places, and improvements. (Sec. 7a)
- Right to develop, control, use, manage, and conserve lands and natural resources within their territories. (Sec. 7b)
- Right to stay in their territories and not be removed without free and prior informed consent. (Sec. 7c)
- Right to be resettled in case of displacement due to natural catastrophes. (Sec. 7d)
- Right to regulate entry of migrants and organizations into their domains. (Sec. 7e)
- Right to safe and clean air and water, and access to integrated systems for managing inland waters and air space. (Sec. 7f)
- Right to claim parts of reservations within their ancestral domains. (Sec. 7g)
- Right to resolve land conflicts in accordance with customary laws. (Sec. 7h)

Rights to Ancestral Lands (Sec. 8)
- Recognizes the ownership and possession rights of ICCs/IPs over their ancestral lands, including:
- Right to transfer land/property rights among members of the same ICCs/IPs, subject to customary laws. (Sec. 8a)
- Right to redeem transferred land/property rights within 15 years if the transfer was tainted by vitiated consent or unconscionable consideration. (Sec. 8b)

Responsibilities of ICCs/IPs to their Ancestral Domains (Sec. 9)
- Maintain ecological balance and preserve flora and fauna, watershed areas, and other reserves. (Sec. 9a)
- Restore denuded areas and participate in reforestation and development programs. (Sec. 9b)
- Observe and comply with the provisions of this Act and its implementing rules and regulations. (Sec. 9c)

National Commission on Indigenous Peoples (NCIP) (Sec. 38-50)
- Establishes the NCIP as the primary government agency responsible for formulating and implementing policies, plans, and programs to recognize, protect, and promote the rights of ICCs/IPs and their ancestral domains.
- Outlines the mandate, composition, qualifications, tenure, compensation, and removal process for NCIP Commissioners.
- Specifies the powers and functions of the NCIP, including issuing certificates of ancestral domain titles, entering into contracts and agreements, receiving grants and donations, coordinating development programs, and advising the President on matters relating to ICCs/IPs.
- Requires the NCIP to establish various offices, such as the Ancestral Domains Office, Office on Policy, Planning and Research, Office of Education, Culture and Health, Office on Socio-Economic Services and Special Concerns, Office of Empowerment and Human Rights, Administrative Office, and Legal Affairs Office.
- Allows the NCIP to create additional offices as necessary.
- Requires the NCIP to establish regional and field offices.
- Establishes the Office of the Executive Director to serve as the NCIP's secretariat.
- Requires the NCIP to constitute a consultative body consisting of traditional leaders, elders, and representatives from women and youth sectors of different ICCs/IPs.

Delineation and Recognition of Ancestral Domains (Sec. 51-64)
- Outlines the process for identifying, delineating, and recognizing ancestral domains and ancestral lands, including:
- Self-delineation as the guiding principle, with ICCs/IPs having a decisive role. (Sec. 51)
- Procedures for delineation, including petition, delineation paper, proof required, preparation of maps, report of investigation, notice and publication, endorsement to NCIP, and issuance of Certificate of Ancestral Domain Title (CADT). (Sec. 52)
- Procedures for identification, delineation, and certification of ancestral lands. (Sec. 53)
- Provisions for addressing fraudulent claims. (Sec. 54)
- Recognition of communal rights over ancestral domains. (Sec. 55)
- Respect for existing property rights regimes within ancestral domains. (Sec. 56)
- Priority rights of ICCs/IPs in harvesting, extracting, developing, or exploiting natural resources within their ancestral domains, subject to agreements and conditions. (Sec. 57)
- Environmental considerations for critical watersheds, mangroves, wildlife sanctuaries, and protected areas within ancestral domains. (Sec. 58)
- Requirement for NCIP certification before issuing concessions, licenses, leases, or production-sharing agreements affecting ancestral domains. (Sec. 59)
- Exemption of ancestral domains from real property taxes, except for portions used for large-scale agriculture, commercial forest plantations, and residential purposes. (Sec. 60)
- Temporary requisition powers of the NCIP to request survey teams from DENR or other capable private teams for delineation of ancestral domain perimeters. (Sec. 61)
- Procedures for resolving conflicts within ancestral domains, including the application of customary laws and the NCIP's adjudicatory functions. (Sec. 62)
- Application of customary laws, traditions, and practices of ICCs/IPs in resolving property rights, claims, ownership, hereditary succession, and land disputes. (Sec. 63)
- Provisions for expropriation and cancellation of illegally acquired titles as remedial measures. (Sec. 64)

Jurisdiction and Procedures for Enforcement of Rights (Sec. 65-70)
- Prioritizes the use of customary laws and practices in resolving disputes involving ICCs/IPs. (Sec. 65)
- Grants the NCIP jurisdiction over all claims and disputes involving the rights of ICCs/IPs, subject to exhaustion of remedies under customary laws. (Sec. 66)
- Allows appeals of NCIP decisions to the Court of Appeals. (Sec. 67)
- Provides for the execution of NCIP decisions, awards, and orders. (Sec. 68)
- Grants the NCIP quasi-judicial powers, including promulgating rules and regulations, administering oaths, issuing subpoenas, holding persons in contempt, and enjoining acts that may cause grave or irreparable damage. (Sec. 69)
- Prohibits inferior courts from issuing restraining orders or preliminary injunctions against the NCIP or its authorized officers in cases related to the interpretation and implementation of this Act. (Sec. 70)

Ancestral Domains Fund (Sec. 71)
- Creates the Ancestral Domains Fund with an initial amount of ₱130,000,000 to cover compensation for expropriated lands, delineation, and development of ancestral domains.
- Specifies sources of funding, including the Philippine Charity Sweepstakes Office, travel tax receipts, and other government sources.
- Allows the NCIP to solicit and receive donations and endowments, which are exempted from taxes.

Penalties (Sec. 72-73)
- Imposes penalties for violations of the Act, such as unauthorized intrusion upon ancestral lands or domains, prohibited acts, and other offenses.
- Penalties include imprisonment of not less than 9 months but not more than 12 years, or a fine of not less than ₱100,000 but not more than ₱500,000, or both, at the court's discretion. (Sec. 72)
- Offenders shall also be obliged to pay damages to the affected ICCs/IPs. (Sec. 72)
- If the offender is a juridical person, officers responsible for the unlawful act shall be criminally liable, in addition to the cancellation of certificates or licenses. (Sec. 73)
- If the offender is a public official, the penalty shall include perpetual disqualification from holding public office. (Sec. 73)

Merger of the Office for Northern Cultural Communities (ONCC) and the Office for Southern Cultural Communities (OSCC) (Sec. 74-77)
- Merges the ONCC and OSCC as organic offices of the NCIP.
- Phases out positions of Regional Directors and below, with provisions for reappointment and gratuity for phased-out personnel.
- Transfers all real and personal properties, contracts, records, and documents of the merged offices to the NCIP.
- Establishes a Placement Committee to assist in the selection and placement of personnel in the reorganized agency.

Final Provisions (Sec. 78-84)
- Provides a special provision for the City of Baguio, preserving its existing status and land rights. (Sec. 78)
- Appropriates funds for the initial implementation of the Act from the current year's appropriation of the ONCC and OSCC, and subsequent funding through the annual General Appropriations Act. (Sec. 79)
- Requires the NCIP to issue implementing rules and regulations within 60 days after appointment, in consultation with the Committees on National Cultural Communities of the House of Representatives and the Senate. (Sec. 80)
- Includes a saving clause to ensure that the Act does not adversely affect the rights and benefits of ICCs/IPs under other conventions, treaties, laws, awards, customs, and agreements. (Sec. 81)
- Includes a separability clause in case any provision is declared unconstitutional. (Sec. 82)
- Repeals or modifies inconsistent laws, decrees, orders, rules, and regulations, including Presidential Decree No. 410 and Executive Order Nos. 122-B and 122-C. (Sec. 83)
- Specifies the effectivity date of the Act as 15 days after its publication in the Official Gazette or in two newspapers of general circulation. (Sec. 84)