Republic of the Philippines

Congress of the Philippines

Metro Manila
Tenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday the twenty-eight day of July,
nineteen hundred ninety-seven

(REPUBLIC ACT NO. 8371)

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF
INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLE,
CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES,
ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS
THEREFORE, AND OTHER PURPOSE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER I

GENERAL PROVISIONS

SECTION 1. Short Title. – This Act shall be known as “The Indigenous Rights
Act of 1997”

SECTION 2. Declaration of State Policies – The state shall recognize and

promote all the rights of Indigenous Cultural Communities/ Indigenous Peoples
(ICCs/IPs) hereunder enumerated within the framework of the Constitution:

a) The state shall recognize and promote the rights of ICCs/IPs within the
framework of national unity and development;

b) The state shall protect the rights of ICCs/IPs to their ancestral domains to
ensure their economic, social and cultural well being and shall recognize the
applicability of customary laws governing property rights of relation
determining the ownership and extend of ancestral domains;
c) The state shall recognize, respect and protect the rights of ICCs/IPs to
preserve and develop their cultures, tradition and institutions. It shall consider
these rights in the formulation of national laws and policies;

d) The state shall guarantee that members of the ICCs/IPs regardless of sex, shall
equally enjoy the full measures of human rights and freedoms without
distinction or discrimination;

e) The state shall take measures, with the participation of the ICCs/IPs
concerned to protect their rights and guarantee and respect for their cultural
integrity, and to ensure that members of the ICCs/IPs benefit on an equal
footing from the rights of opportunities which national laws and regulations
grant to other members of the population; and;

f) The state recognizes its obligations to respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring maximum ICCs/IPs participation in
the direction of education, health, as well as other services of ICCs/IPs, in
order to render such services most responsive to the needs and desires of these
communities.

Towards these ends, the state shall institute and establish the necessary
mechanisms to enforce and guarantee the realization of these rights, taking
into consideration their customs, traditions, and to adopt and implement
measures to protect their rights to their ancestral domain.

CHAPTER II

DEFINATION OF TERMS

SECTION 3. Definition of Terms. – For purposes of this Act, the following

shall mean:

a) Ancestral Domain – subject to section 56 hereof, refer to all areas,

generally belonging to ICCs/IPs comprising land water, coastal areas,
and natural resources therein, held under a claim of ownership,
occupied or possessed by ICCs/IPs, by themselves or through their
ancestors, communally and individually since time immemorial,
continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as consequence of
government projects or any other voluntary dealings entered into by
government and private individuals/corporation, and which are
necessary to ensure their economic, social and culture welfare. It shall
 includes ancestral lands, forest, pasture, residential, agricultural, and
other lands individually owned whether alienable and disposable or
otherwise, hunting ground, burial grounds, worship areas, bodies of
water, mineral and other natural resources, and land which may no
longer be exclusive occupied by ICCs/IPs but from which they
traditionally had access to for their subsistence and traditional
activities, particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators.

b) Ancestral Domain – Subject to Section 56 hereof, refers to land

occupied, possessed and utilized by individual, families and clan who
are members of the ICCs/IPs since time immemorial, by themselves or
through their predecessors-in-interest, under claims of individual or
traditional group ownership, continuously, to the present when irrupted
by war, force majeure of displacement by force, deceit, stealth, or as
consequence of government projects and other voluntary dealings,
entered into by government and private individuals/corporations,
including but not limited to, residential lots, rice terraces or paddies,
private forest, swidden farms and tree lots;

c) Certificate of Ancestral Domain Title – refers to title formally

recognizing the rights of possession and ownership of ICCs/IPs over
their ancestral domains identified and delineated in accordance with
the law;

d) Certificate ancestral Land Title – refers to the title formally

recognizing the rights of ICCs/IPs over the ancestral land;

e) Communal Claims – refer to claim on land, resources and rights

thereon, belonging to the whole community within the defined
territory;

f) Customary Laws – refer to the body of written and/ or unwritten

rules, usages, custom and practices traditional and continually
recognized, accepted and observed by respective ICCs/IPs;

g) Free and Prior Informed Consent – as used in this Act shall mean
the concensus of all members of the ICCs/IPs to be determined in
accordance with their respective customary laws and practice, free
from any external manipulation, interference and coercion, and obtain
after fully disclosing the intent and scope of the activity, in language
and process understanding to the community;
 h) Indigenous Cultural Communities/Indigenous Peoples – refer to
group of people or homogenous societies identified by self-ascription
and ascription by others, who have continuously lived as organized
community and communal bounded and defined territory, and who
have, under claims of ownership since time immemorial, occupied,
possessed of utilized such territories, sharing common bonds of
language, customs, traditions and other distinctive cultural traits, or
who have, through resistance to political, social and cultural inroads
colonization, non-indigenous religions and cultures, became historical
differentiated from the majority of Filipinos. ICCs/IPs shall likewise
includes peoples who are regarded as Indigenous on account of their
descent from the populations which inhabited the country, at the time
of conquest or colonizing, or at the time inroads of non-indigenous
religions and cultures, or the establishment of present state boundaries,
who retain some or all of their own social, economic, cultural and
political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral
domain;

i) Indigenous Political Structures – refer to organizational and cultural

and leadership system, institutions, relationships, pattern and processes
decision-making and participation, identified by ICCs/IPs such as, but
not limited to, Counci8l of Elders, council of Timuays, Bodong
holders, or any other tribunal or body of similar nature;

j) Individual Claims – refer to claims own land and rights thereon

which have been devolved to individual, families and clans including,
but no limited to, residential lots, rice terraces and paddies to right to
ICCs/IPs;

k) National Commission on Indigenous Peoples (NCIP) – refer to the

office created under this Act, which shall be under the office of the
President, and which shall be the primary government agency
responsible of the formulation and implementation of policies, plans
and programs to reorganize, protect and promote the rights of
ICCs/IPs;
–
l) Native Titles refers to pre-conquest rights to land and domains which,
as far back as memory reaches, have been held under a claim of
private ownership by ICCs/IPs, have never been public lands and are
thus indisputably presumed to have been held that way since before
the Spanish Conquest;

m) Nongovernment Organization – refers to a private, nonprofit

voluntarily organization that has been organized primarily for the
 delivery of various services to the ICCs/IPs and has an established
track record for effectiveness and acceptability in the community
where it serves;

n) Peoples Organization – refers to a private, nonprofit voluntary

organization of members of an ICCs/IPs which is accepted as
representative of such ICCs/IPs;

o) Sustainable Traditional Resource Rights – refer to the rights of

ICCs/IPs to sustainable use, manage, protect and conserve a) land, air,
water, mineral; b) plants, animals and other organisms; c) collecting
fishing and hunting grounds; d) sacred sites; and e) other areas of
economic, ceremonial and aesthetic value in accordance with their
indigenous knowledge, belief, systems, and practices; and

p) Time Immemorial – refers to a period of time when as far back as

memory can go, certain ICCs/ IPs are known to occupied, possessed in
the concept of owner, the utilized a defined territory devolved to them,
by operations of customary law or inherited from their ancestors, in
accordance with their customs and traditions.

CHAPTER III

RIGHTS TO ANCESTRAL DOMAINS

SECTION 4. Concept of ancestral Lands/Domains – Ancestral lands/domains

shall include such concepts of territories which cover not only the physical environment
but total environment including the spiritual and cultural bonds to the areas which the
ICCs/IPs posses, occupy and use and to which they have claim ownership.

SECTION 5. Indigenous Concept of Ownership – Indigenous concept of

ownership sustain the view that ancestral domains and all resources found therein shall
serve as the material bases of their cultural integrity. The Indigenous concept of
ownership generally holds that ancestral domains are the ICCs/IPs private but community
property which belongs to all generations and therefore cannot be sold, disposed or
destroyed. It likewise covers sustainable traditional resource rights.

SECTION 6. Composition of Ancestral Lands/Domains. – Ancestral lands

and domains shall consist of all areas generally belonging to ICCs/IPs as referred under
Sec. 3, items (a) and (b) of this act.
 SECTION 7. Rights to Ancestral Domains – The rights of ownership and
possession of ICCs/IPs to their Ancestral Domains shall be recognized and protected.
Such shall include:

a) Right of Ownership – The right to claim ownership over lands, bodies of

water traditionally and actually occupied by ICCs/IPs, sacred places,
traditional hunting and fishing grounds, and all improvements made by them
at any time within the domains;
b) Right Develop Lands and Natural resources – Subject to sec. 56 hereof,
right to develop, control and use lands territories traditional occupied, owned
or used; to manage and conserve natural resources within the territories and
uphold responsibilities for future generation; 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 explosion of the natural resources
in the areas for the purpose of ensuring ecological, environmental protection
and conservation measures, pursuant to the national customary laws; The right
to an informed and intelligent participation in the formulation and
implementation of the project, government or private, that will affect or
impact upon the ancestral domains and to receive just and fair compensation
for any damages which they may sustain as a result of the project; and the
right to effective measures by the government to prevent any interference
with, alienation and encroachment upon these rights;

c) Right to stay in the Territories – The right to stay in the territory and not
to be removed there from. No ICCs/IPs will be relocated without their free prior
informed consent, not through any means other than eminent domain where
relocation is considered necessary as an exceptional measure, such relation shall
take place only with free and prior informed consent of the ICCs/IPs concerned
and whenever possible, they shall guaranteed the right to return to their ancestral
domains, as soon as the grounds for relocation cease to exist. When such
procedures, ICCs/IPs shall be provided in all possible cases with lands of quality
and legal status at least equal to that of the land previously occupied by them,
suitable to provide for their present needs and future development. Persons thus
relocated shall likewise by fully compensated for any resulting loss injury;

d) Right in case of Displacement – In case of displacement occurs as a result of

natural catastrophes, the state shall endeavor to resettle the displaced ICCs/IPs
in suitable areas where they can have temporary life support systems:
Provided, That the displace ICCs/IPs shall have the right to return to their
abandoned lands until such lands shall determined; Provided, further, That
should their ancestral domain cease to exist and normalcy and safety of the
previous settlement are not possible, displaced ICCs/IPS shall enjoy security
of tenure over the land to which they have been resettled: Provided,
Furthermore, The basic services and livelihood shall be provided to them to
ensure that their needs are adequately addressed;
 e) Right to Regulate Entry of Migrants – Right to regulate the Entry of
Migrants settlers and organizations into the domain;

f) Right to Safe and Clean Air and water – For this purpose, the ICCs/IPs
shall have access to integrated systems for the management of their water and
Air space;

g) Right to Claim Parts of Reservations – The right to claim parts of the

ancestral Domains which have been reserved for various purposes, except
those reserved and intended for common and public welfare and service; and

a) Maintain Ecology Balance – To preserve, restore, and maintain the

balance ecology in the ancestral domain by protecting the flora and
fauna, watershed areas, and other reserves;

b) Restore Denuded areas – To actively initiate, undertake and

participate in the reforestation of denuded areas and other
development programs and projects subject to just and reasonable
remuneration; and

c) Observe Law – To observe and comply with the provisions of this

Act and the rules and regulations for its effective implementation.

SECTION 10. Unauthorized and Unlawful Intrusion – Unauthorized and

Unlawful intrusion upon, or use of any ancestral domain, or any violation of the rights
hereinbefore enumerated shall be punishable under this law. Furthermore, the
Government shall take measures to prevent non-ICCs/IPs customs and 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 Title (CADT), which shall recognize the title of the
concerned ICCs/IPs over the territories identified and delineated.

SECTION 12. Option to Secure Certificate of Title Under Commonwealth

Act 141, as Amended, or the Land Registration Act 496. – Individual members of the
cultural communities, with respect to their individual-owned ancestral lands who, by
themselves or though their predecessors-in-interest, have been continuous possession and
occupation of the same in the concept of owner since time immemorial or for the period
of not less than thirty (30) years immediately preceding the approval of this Act and
uncontested by the members of the same ICCs/IPs shall have the option to secure title to
their ancestral under the provisions commonwealth Act 141, amended, or the land
registration Act 496.
 For this purpose, said individually-owned ancestral lands, are agricultural in the
character and actually used for agriculture, residential, pasture, and tree farming
purposes, including those with a slope of eighteen percent (18%) or more, are hereby
classified as alienable and disposable agricultural lands.

The option granted under his section shall be exercised within twenty (20) years
approval of this act.

CHAPTER IV

RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT

SECTION 13. Self-Governance – The state recognize the inherent right of

ICCs/IPs to self-governance and self-determination and respect 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 region created under the constitution as the
require or need. The State shall likewise encourage other ICCs/IPs not included or
outside Muslim Mindanao and the Cordillera to use the form of content of their ways of
life as may be compatible with the fundamental rights defined in the constitutions of the
Republic of the Philippines and other international recognized human rights.

SECTION 15. Justice System, Conflict Resolution Institutions, and Peace

Building Processes. – The ICCs/IPs shall have the right to use their own commonly
accepted Justice system, conflict resolution institutions, peace building process or
mechanisms and other customary laws and practices within their respective communities
and may be compatible with the national legal system and internationally recognized
human rights.

SECTION 16. Right to participate in the Decision-Making – ICCs/IPs have

the right to participate fully, if they so choose, at all levels of decision-making in matters
which may affect their rights, lives and destinies through procedures determined by them
as well as to maintain and developed to their own indigenous political structures.
Consequently, the state shall ensure that the ICCs/ IPs shall be given mandatory
representation in policy-making bodies and other local legislative councils.

SECTION 17. Right to determine and Decide Properties for Development.

The ICCs/IPs shall have the right to determine and decide their own properties and
development affecting their lives, beliefs, institutional, spiritual well-being and the land
they own, occupy or used. They shall participate in the formulation -, implementation and
evaluation of policies, plans and programs of national, regional and local development
which may directly affect them.
 SECTION 18. Tribal Barangays – The ICCs/IPs living in the contiguous areas
are communities where they form the predominant population but which are located in
the municipalities, provinces or cities where they do not constitute the majority of the
population, may form the constitute a separately barangay in accordance with the local
government code on the creation of tribal barangays.

SECTION 19. Role of People Organization – The state shall recognize and
respect the role of the independent ICCs/IPs organization to enable the ICCs/IPs to
pursue and protect their legitimate and collective interest and aspirations through
peaceful and lawful means.

SECTION 20. - Means for Development /Empowerment of ICCs/IPs. – The

government shall establish the means the full development/empowerment of the
ICCs/IPs’ own institutions and initiatives and, where necessary, provide the resources
needed therefor.

CHAPTER V

SOCIAL JUSTICE AND HUMAN RIGHTS

SECTION 21. Equal Protection and Non-Discrimination of ICCS/IPS. –

Consistent with the equal protection clause of the Constitution of the Republic of the
Philippines, the Charter of the United Nations, the Universal Declaration of Human
Rights including the Convention on the Elimination of Discrimination Against Woman
and International Human Right Law, the State shall, with due recognition of their distinct
characteristic and identity, acco0rd to the members of the ICCs/IPs the rights, protections
and privileges enjoyed by the rest of the citizenry. It shall extend to them the same
employment rights, opportunities, basic services, educational and other rights and
privileges available to every member of the society. Accordingly, the State shall likewise
ensure that the employment of any form of force or coercion against ICCs/IPs shall be
dealt with by law.

The state shall ensure that the fundamental human rights and freedoms as
enshrined in the Constitution and relevant international instruments are guaranteed also to
the 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 privileges already
recognized an 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 the periods of armed conflict. The State shall observe
international standards, in particular, the Fourth Geneva Convention of 1949, for the
protection of the civilian populations in circumstances of emergency and armed conflict,
and shall not recruit members of the ICCs/IPs against their will into the armed forces, and
in particular, for use against other ICCs/IPs; nor recruit of children of ICCs/IPs into the
armed forces under any circumstance; nor force indigenous individuals abandon their
lands, territories and means of subsistence, or relocate them in special centers for military
purposes under any discriminatory condition.

SECTION 23. freedom from Discrimination and Right to Equal Opportunity

and Treatment – It shall be the right of the ICCs/IPs to be free from any form of
discrimination, with respect to the recruitment and conditions to employment, such that
they may enjoy equal opportunities for admission to employment, medical and social
assistance, safety as well as other occupationally-related benefits, informed of their rights
under existing labor legislation of means available to them for redress, not subject to any
coercive recruitment systems, including bounded labor and other forms of debt servitude;
and equal treatment in employment for men and women, including the protection of
sexual harassment.

Towards this end, the State shall, within the framework laws and regulations, and
in the 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 extend that they are 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 the employer’s
organizations. That shall likewise have the right not to subject for working conditions
hazardous to their health, particularly through exposure to pesticides and other toxic
substances.

SECTION 24. Unlawful Acts Pertaining to Employment – It shall be

unlawful for any persons;

a) To discriminate against any ICC/IP with respect to the terms and conditions of
employment on account of their decent. Equal remuneration shall be paid to the ICC/IP
and non-ICC/IP for work for equal value; and

b) To deny any ICC/IP employee any right and benefit herein provided for or to
discharge them for the purpose of preventing them from the enjoying any of the rights or
benefits provided under this act.

SECTION 25. Basic Services. – The ICCs/IP have the right to special measures
for the immediate, effective and continuing improvement of their economic and social
conditions, including in the areas of employment, vocational training and retraining,
housing sanitation, health and social security. Particular attention shall be paid to the
rights and special needs of indigenous women, elderly, youth, children and differently-
abled persons. Accordingly, the state shall be guarantee the rights of ICCs/IPs to
government’s basic services which shall include, but not limited to, water and electrical
facilities, education, health and infrastructure.
 SECTION 26. Women. – ICCs/IPs 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 level,
as well as in the development of society, shall be given due respect and recognition.

The state shall provide full access to education, maternal and childcare, health and
nutrition, and housing service to indigenous women. Vocational, technical, professional
and other forms of training shall be provided to enable these women fully participate in
all aspects of social life. As far as possible, the State shall ensure that indigenous women
have access to all services in their own languages.

SECTION 27. Children and Youth. – The Shall recognize the vital role of the
children and youth of ICCs/IPs in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual and social well-being. Towards this end, the shall
support all government programs intended for the development and rearing of the
children and youth of ICCs/IPs for civic efficiency and established such mechanisms as
maybe necessary for the protection of the rights of the indigenous children and youth.

SECTION 28. Integrated System of Education. – The State shall, through the
NCIP, provide a complete, adequate and integrated system of education, relevant to the
needs of the children and young people of ICCs/IPs.

CHAPTER VI

CULTURAL INTEGRITY

SECTION 29. Protection of Indigenous Culture, Traditions and Institutions.

– The State shall respect, recognize and protect the right of ICCs/IPs to preserve and
protect their culture, traditions and institutions. It shall consider these rights in the
formulation and application of national plans and policies.

SECTION 30. Educational System. – The State shall provide equal access to
various cultural opportunities to the ICCs/IPs through the Educational system, public and
cultural entities, scholarships, grant and other incentives without prejudice to their rights
to establish and control their educational systems and institutions by providing education
by their own language, in a manner appropriate to their cultural methods of teaching and
learning. Indigenous children/youth shall have the right to all levels and forms of
education of the State.

SECTION 31. – Recognition of Cultural Diversity. – The State shall endeavor

to have the dignity and diversity of the cultures, traditions, histories and aspirations of the
ICCs/IPs appropriately reflected in all forms of education, public information and
cultural- educational exchange. Consequently, the State shall take effective measures, in
consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and
promote tolerance, understanding and good relations among ICCS/IPs and all segments
of society. Furthermore, the Government shall take effective measures to en-sure that
State-owned media duly reflect indigenous cultural diversity. The State shall likewise
ensure the participation appropriate indigenous leader in schools, communities and
international cooperative undertaken like festivals, conferences, seminars and workshops
to promote and enhance their distinctive heritage and values.

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

practice and revitalize their own traditions and customs. The State shall preserve, protect
and develop the past, present and future manifestation of their cultures as well as the right
to the restitution of cultural, intellectual, religious, and spiritual property taken without
their free prior informed consent or in violation of their laws, traditions, and customs.

SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. – ICCs/IPs

shall have the rights to manifest, practice, and teach spiritual and religious traditions,
customs and ceremonies; the right to maintain, protect and the access to their religious
and cultural sites,; the rights to control of ceremonial objects; and, the right to the
repatriation of human remains. In cooperation with the ICCs/IPs concerned, to ensure that
indigenous sacred place,. Including burial sites, be preserved, respected and protected. To
achieve this purpose, it shall be unlawful to:

a) Explore, excavate or making diggings on archeological sites of

the ICCs/IPs for the purpose of obtaining materials of cultural
values without the free prior informed consent of the
community concerned; and
b) Deface, removed or otherwise destroy artifacts which are not
great importance to the ICCs/IPs for the preservation of their
cultural heritage.

SECTION 34. Right to indigenous knowledge System and Practice and to

Develop Own Science and Technology. – ICCs/IPs are entitled to the recognition of the
full ownership and control and protection of their culture and intellectual rights. They
shall have the right to special measures to control, develop and protect their sciences,
including the derivatives of these resources, traditional medicines and health practices,
vital medicinal plants, animals and minerals, indigenous knowledge systems and
practices, knowledge and properties 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 the ancestral
lands and domains of the ICCs/IPs only with the free prior consent of such communities,
obtain in accordance with the customary laws of the community.

SECTION 36. Sustainable Agro-Technical Development. – The State shall

recognize the right of ICCs/IPs to a agro-technical development and shall formulate and
implement programs of action for its effective implementation. The State shall likewise
promote the bio-genetic and resource management systems among the ICCs/IPs and shall
encourage cooperation among government agencies to ensure the successful sustainable
development of ICCs/IPs.

SECTION 37. Funds of Archeological and Historical Sites. – The ICCs/IPs

shall have the rights to receive from the national government all especially earmarked or
allocated for the management and preservation of their archeological and historical sites
and artifacts with and financial and technical support of the national government
agencies.

CHAPTER VI

NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

SECTION 38. National Commission on Indigenous Cultural Communities/

Indigenous Peoples (NCIP). – To carry out the Policies herein set forth, there shall be
created the National Commissions on ICCs/IPS (NCIP), which shall be primary
government agency responsible for the formulation and implementation of policies, plans
and programs to promote and protect the rights and well-being of the ICCs/IPs and the
recognition of their ancestral domains as well as their rights thereto.

SECTION 39. Mandate. – The NCIP shall protect and promote the interest and
well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and
institutions.

SECTION 40. Composition. – The NCIP shall be an dependent agency under the
office of the President and shall be composed of seven (7) Commissioners belong to the
ICCs/IPs, one (1) of whom shall be the chairperson. The Commissioners shall be
appointed by the President of the Philippines from a list of recommendees submitted by
authentic ICCs/IPs; Provided, that the seven (7) Commissioners shall be appointed
specifically from each following ethnographic areas; Region I and the Cordilleras;
Region II; the rest of Luzon; Island Groups including Mindoro, Palawan; Romblom;
Panay and the rest of Visayas; Northern and Western Mindanao; Southern eastern
Mindanao; and Central Mindanao; hat at least two (2) of the seven shall be women

SECTION 41. Qualifications, Tenure, Compensation. – The Chairperson and

the six Commissioners must be natural born Filipino Citizens, bona fide members of
ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and who have worked
at least ten (10) years with an ICCs/IPs Community and or any government agency
involved in ICC/IP, at least 35 years of age at the time of appointment and must be
proven honesty and proven and integrity: Provided, That at least two (2) two of seven (7)
Commissioners shall be member of the Philippine Bar: Provided, further, That the
members of the NCIP shall hold office for a period of three (3) years, and maybe subject
to re-appoinment for another term: Provided, furthermore, that no person shall serve for
more than two(2) terms. Appointment to any vacancy shall only be for the unexpired
term of the predecessor and in no case shall a member be appointed or designated in a
temporary or acting capacity: Provided, finally, That the Chairperson and the
Commissioners shall be entitled to compensation in accordance with the salary
Standardization Law.

SECTION 42. Removal from Office. - Any member of the NCIP may be
removed from the office by the President, on his initiative or upon recommendation by
the indigenous community, before the expiration of his term for cause and after
complying with due process requirement of laws.

SECTION 43. Appointment of Commissioners. – The President shall appoint

the seven (7) commissioners of the NCIP within the (90) days from the effectivity of this
Act.

SECTION 44. Powers and Functions. – To accomplish its mandates, the NCIP
shall have the following powers, jurisdiction and functions:

a) To serve 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 asses 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 culture development of the ICCs/IPs and
to monitor implement thereof;
d) To request and engage the services and support of experts and
consultants; as maybe required in the pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject 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 the 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 approval of the President of the Philippines,
for the benefits of the ICCs/IPs and administer the same in accordance
with the term thereof; or in the absence of any conditions, 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 and assemblies of IPs to reviews,
assess as well as propose policies plans;
j) To advice 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 and submit the appropriate budget to the office
of the President;
m) To issue appropriate certification as pre-condition to the grant of
permit, lease, grant or other similar authority for the disposition,
utilization, management and appropriate by any private individual,
corporate entity or 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 function as be directed by the
President of the Republic of the Philippine; and
q) To represent the Philippines ICCs/IPs in all international conferences
and conventions dealing with indigenous peoples and other related
concerns.

SECTION 45. Accessibility and Transparency. - Subject to such limitations

as may be provided by law or by rules and regulations promulgated pursuant thereto, all
official records, documents and papers pertaining to official acts, transactions or
decisions, as well as research data used as basis for policy development of the
Commission shall be made accessible to the public.

SECTION 46. Offices Within the NCIP. - The NCIP shall have the following
offices which shall be responsible for the implementation of the policies hereinafter
provided:

a) Ancestral Domains Office - The Ancestral Domain Office shall be

responsible for the identification, delineation and recognition of ancestral
lands/domains. It shall also be responsible for the management of ancestral
lands/domains in accordance with a master plan as well as the implementation
of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of
this Act. It shall also issue, upon the free and prior informed consent of the
ICCs/IPs concerned, certification prior to the grant of any license, lease or
permit for the exploitation of natural resources affecting the interests of
ICCs/IPs or their ancestral domains and to assist the ICCs/IPs in protecting the
territorial integrity of all ancestral domains. It shall likewise perform such
other functions as the Commission may deem appropriate and necessary;
c) 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 undergo a process such
that every five years, the Commission shall endeavor to assess the plan and
make ramifications in accordance with the changing situations. The Office
shall also undertake the documentation of customary law and shall establish
and maintain a Research Center that would serve as a depository of
ethnographic information for monitoring, evaluation and policy formulation.
It shall assist the legislative branch of the national government in the
formulation of appropriate legislation benefiting ICCs/IPs;

c) Office of Education, Culture and Health - The Office on Culture,

Education and Health shall be responsible for the effective implementation of
the education, cultural and related rights as provided in this Act. It shall
assist, promote and support community schools, both formal and non-formal,
for the benefit of the local indigenous community, especially in areas where
existing educational facilities are not accessible to members of the indigenous
group. It shall administer all scholarship programs and other educational
rights intended for ICC/IP beneficiaries in coordination with the Department
of Education, Culture and Sports and the Commission on Higher Education.
It shall undertake, within the limits of available appropriation, a special
program which includes language and vocational training, public health and
family assistance program and related subjects.

It shall also identify ICCs/IPs with potential training in the health profession
and encourage and assist them to enroll in schools of medicine, nursing,
physical therapy and other allied courses pertaining to the health profession.

Towards this end, the NCIP shall deploy a representative in each of the said
offices who shall personally perform the foregoing task and who shall receive
complaints from the ICCs/IPs and compel action from appropriate agency. It
shall also monitor the activities of the National Museum and other similar
government agencies generally intended to manage and preserve historical
and archeological artifacts of the ICCs/IPs and shall be responsible for the
implementation of such other functions as the NCIP may deem appropriate
and necessary;

d) Office on Socio-Economic Services and Special Concerns - The Office on

Socio-Economic Services and Special Concerns shall serve as the Office
through which the NCIP shall coordinate with pertinent government agencies
specially charged with the implementation of various basic socio-economic
services, policies, plans and programs affecting the ICCs/IPs to ensure that
the same are properly and directly enjoyed by them . It shall also be
responsible for such other functions as the NCIP may deem appropriate and
necessary;
 d) Office of Empowerment and Human Rights - The Office of
Empowerment and Human Rights shall ensure that indigenous socio-political,
cultural and economic rights are respected and recognized. It shall ensure that
capacity building mechanisms are instituted and ICCs/IPs are afforded every
opportunity, if they so choose, to participate in all levels of decision-making.
It shall likewise ensure that the basic human rights, and such other rights as
the NCIP may determine, subject to existing laws, rules and regulations, are
protected and promoted;

f) Administrative Office - The Administrative Office shall provide the NCIP

with economical, efficient and effective services pertaining to personnel,
finance, records, equipment, security, supplies and related services. It shall
also administer the Ancestral Domains Fund; and

g) Legal Affairs Office - There shall be a Legal Affairs Office which shall
advice the NCIP on all legal matters concerning ICCs/IPs and which shall be
responsible for providing ICCs/IPs with legal assistance in litigation involving
community interest. It shall conduct preliminary investigation on the basis of
complaints filed by the ICCs/IPs against a natural or juridical person believed
to have violated ICCs/IPs rights. On the basis of its findings, it shall initiate
the filing of appropriate legal or administrative action to the NCIP.

SECTION 47. Other Offices. The NCIP shall have the power to create
additional offices as it may deem necessary subject to existing rules and regulations.

SECTION 48. Regional and Field Offices. Existing regional and field
offices shall remain to function under the strengthened organizational structure of the
NCIP. Other field offices shall be created wherever appropriate and the staffing pattern
thereof shall be determined by the NCIP: Provided, That in provinces where there are
ICCs/IPs but without field offices, the NCIP shall establish field offices in said provinces.

SECTION 49. Office of the Executive Director. The NCIP shall create
the Office of the Executive Director which shall serve as its secretariat. The office shall
be headed by an Executive Director who shall be appointed by the President of the
Republic of the Philippines upon recommendation of the NCIP on a permanent basis.
The staffing pattern of the office shall be determined by the NCIP subject to existing
rules and regulations.

SECTION 50. Consultative Body. A body consisting of the traditional

leaders, elders and representatives from the women and youth sectors of the different
ICCs/IPs shall be constituted by the NCIP from time to time to advise it on matters
relating to the problems, aspirations and interests of the ICCs/IPs.
 CHAPTER VIII
DELINEATION AND RECOGNITION OF
ANCESTRAL DOMAINS

SECTION 51. Delineation and Recognition of Ancestral Domains. Self-

delineation shall be the guiding principle in the identification and delineation of ancestral
domains. As such, the ICCs/IPs concerned shall have a decisive role in all the activities
pertinent thereto. The Sworn Statement of the Elders as to the scope of the territories and
agreements/ pacts made with the neighboring ICCs/IPs, if any, will be essential to the
determination of these traditional territories. The Government shall take the necessary
steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee
effective protection of their rights of ownership and possession thereto. Measures shall
be taken in appropriate cases to safeguard the right of the ICCs/IPs concerned to land
which may no longer be exclusively occupied by them, but to which they have
traditionally had access for their subsistence and traditional activities, particularly of
ICCs/IPs who are still nomadic and/or shifting cultivators.

SECTION 52. Delineation Process. The identification and delineation of

ancestral domains shall be done in accordance with the following procedures:

a) Ancestral Domains Delineated Prior to this Act - The provisions hereunder

shall not apply to ancestral domains/lands already delineated according to
DENR Administrative Order No. 2, series of 1993, nor to ancestral lands and
domains delineated under any other community/ancestral domain program
prior to the enactment of this law. ICCs/IPs whose ancestral lands/domains
were officially delineated prior to the enactment of this law shall have the
right to apply for the issuance of a Certificate of Ancestral Domain Title
(CADT) over the area without going through the process outlined hereunder;

b) Petition for Delineation - The process of delineating a specific perimeter

may be initiated by the NCIP with the consent of the ICC/IP concerned, or
through a Petition for Delineation filed with the NCIP, by a majority of the
members of the ICCs/IPs;

c) Delineation Proper - The official delineation of ancestral domain

boundaries including census of all community members therein, shall be
immediately undertaken by the Ancestral Domains Office upon filing of the
application by the ICCs/IPs concerned. Delineation will be done in
coordination with the community concerned and shall at all times include
genuine involvement and participation by the members of the communities
concerned;

d) Proof Required - Proof of Ancestral Domain Claims shall include the

testimony of elders or community under oath, and other documents directly or
indirectly attesting to the possession or occupation of the area since time
 immemorial by such ICCs/IPs in the concept of owners which shall be any
one (1) of the following authentic documents:

1. Written accounts of the ICCs/IPs customs and traditions;

2. Written accounts of the ICCs/IPs political structure and institution;
3. Pictures showing long term occupation such as those of old improvements,
burial grounds, sacred places and old villages;
4. Historical accounts, including pacts and agreements concerning
boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;
5. Survey plans and sketch maps;
6. Anthropological data;
7. Genealogical surveys;
8. Pictures and descriptive histories of traditional communal forests and
hunting grounds;
9. Pictures and descriptive histories of traditional landmarks such as
mountains, rivers, creeks, ridges, hills, terraces and the like; and
10. Write-ups of names and places derived from the native dialect of the
community.

e) Preparation of Maps - On the basis of such investigation and the findings

of fact based thereon, the Ancestral Domains Office of the NCIP shall prepare
a perimeter map, complete with technical descriptions, and a description of
the natural features and landmarks embraced therein;

f) Report of Investigation and Other Documents - A complete copy of the

preliminary census and a report of investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;

f) 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;

g) 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 land titles before the
Register of Deeds in the place where the property is situated.

SECTION 53. Identification, Delineation and Certification of Ancestral

Lands.
a) The allocation of lands within any ancestral domain to individual or
indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs
concerned to decide in accordance with customs and traditions;

b) Individual and indigenous corporate claimants of ancestral lands which are not
within ancestral domains, may have their claims officially established by
filing applications for the identification and delineation of their claims with
the Ancestral Domains Office. An individual or recognized head of a family
or clan may file such application in his behalf or in behalf of his family or
clan, respectively;

c) Proofs of such claims shall accompany the application form which shall
include the testimony under oath of elders of the community and other
documents directly or indirectly attesting to the possession or occupation of
the areas since time immemorial by the individual or corporate claimants in
 the concept of owners which shall be any of the authentic documents
enumerated under Sec. 52 (d) of this Act, including tax declarations and
proofs of payment of taxes;

d) The Ancestral Domains Office may require from each ancestral claimant the
submission of such other documents, Sworn Statements and the like, which in
its opinion, may shed light on the veracity of the contents of the
application/claim;

e) Upon receipt of the applications for delineation and recognition of ancestral

land claims, the Ancestral Domains Office shall cause the publication of the
application and a copy of each document submitted including a translation in
the native language of the ICCs/IPs concerned in a prominent place therein for
at least fifteen (15) days. A copy of the document shall also be posted at the
local, provincial, and regional offices of the NCIP and shall be published in a
newspaper of general circulation once a week for two (2) consecutive weeks
to allow other claimants to file opposition thereto within fifteen (15) days
from the date of such publication: Provided, That in areas where no such
newspaper exists, broadcasting in a radio station will be a valid substitute:
Provided, further, That mere posting shall be deemed sufficient if both
newspapers and radio station are not available;

f) Fifteen (15) days after such publication, the Ancestral Domains Office shall
investigate and inspect each application, and if found to be meritorious, shall
cause a parcellary survey of the area being claimed. The Ancestral Domains
Office shall reject any claim that is deemed patently false or fraudulent after
inspection and verification. In case of rejection, the Ancestral Domains
Office shall give the applicant due notice, copy furnished all concerned,
containing the grounds for denial. The denial shall be appealable to the NCIP.
In case of conflicting claims among individual or indigenous corporate
claimants, the Ancestral Domains Office shall cause the contending parties to
meet and assist them in coming up with a preliminary resolution of the
conflict, without prejudice to its full adjudication according to Sec. 62 of this
Act. In all proceedings for the identification or delineation of the ancestral
domains as herein provided, the Director of Lands shall represent the interest
of the Republic of the Philippines; and

g) The Ancestral Domains Office shall prepare and submit a report on each and
every application surveyed and delineated to the NCIP, which shall, in turn,
evaluate 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 canceled by the NCIP after due notice
and hearing of all parties concerned.

SECTION 55. Communal Rights. Subject to Section 56 hereof, areas within

the ancestral domains, whether delineated or not, shall be presumed to be communally
held: Provided, That communal rights under this Act shall not be construed as co-
ownership as provided in Republic Act No. 386, otherwise known as the New Civil
Code.

SECTION 56. Existing Property Rights Regimes. Property rights within the
ancestral domains already existing and/or vested upon effectivity of this Act, shall be
recognized and respected.

SECTION 57. Natural Resources within Ancestral Domains. The ICCs/ IPs
shall have priority rights in the harvesting, extraction, development or exploitation of any
natural resources within the ancestral domains. A non-member of the ICCs/IPs
concerned may be allowed to take part in the development and utilization of the natural
resources for a period of not exceeding twenty-five (25) years renewable for not more
than twenty-five (25) years: Provided, That a formal and written agreement is entered
into with the ICCs/IPs concerned or that the community, pursuant to its own decision
making process, has agreed to allow such operation: Provided, finally, That the NCIP
may exercise visitorial powers and take appropriate action to safeguard the rights of the
ICCs/IPs under the same contract.

SECTION 58. Environmental Considerations. Ancestral domains or portions

thereof, which are found to be necessary for critical watersheds, mangroves, wildlife
sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by
appropriate agencies with the full participation of the ICCs/IPs concerned shall be
maintained, managed and developed for such purposes. The ICCs/IPs concerned shall be
given the responsibility to maintain, develop, protect and conserve such areas with the
full and effective assistance of government agencies. Should the ICCs/IPs decide to
transfer the responsibility over the areas, said decision must be made in writing. The
consent of the ICCs/IPs should be arrived at in accordance with its customary laws
without prejudice to the basic requirements of existing laws on free and prior informed
consent: Provided, That the transfer shall be temporary and will ultimately revert to the
ICCs/IPs in accordance with a program for technology transfer: Provided, further, That
no ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section
without the written consent of the specific persons authorized to give consent.

SECTION 59. Certification Precondition. All departments and other

governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or
granting any concession, license or lease, or entering into any production-sharing
agreement, without prior certification from the NCIP that the area affected does not
overlap with any ancestral domain. Such certification shall only be issued after a field-
based investigation is conducted by the Ancestral Domains Office of the area concerned:
Provided, That no certification shall be issued by the NCIP without the free and prior
informed and written consent of ICCs/IPs concerned: Provided, further, That no
department, government agency or government-owned or -controlled corporation may
issue new concession, license, lease, or production sharing agreement while there is a
pending application for a CADT: Provided, finally, That the ICCs/IPs shall have the
right to stop or suspend, in accordance with this Act, any project that has not satisfied the
requirement of this consultation process.

SECTION 60. Exemption from Taxes. All lands, certified to be ancestral

domains shall be exempt from real property taxes, special levies, and other forms of
exaction except such portion of the ancestral domains as are actually used for large-scale
agriculture, commercial forest plantation and residential purposes or upon titling by
private persons: Provided, That all exactions shall be used to facilitate the development
and improvement of the ancestral domains.

SECTION 61. Temporary Requisition Powers. Prior to the establishment of

an institutional surveying capacity whereby it can effectively fulfill its mandate, but in no
case beyond three (3) years after its creation, the NCIP is hereby authorized to request the
Department of Environment and Natural Resources (DENR) survey teams as well as
other equally capable private survey teams, through a Memorandum of Agreement
(MOA), to delineate ancestral domain perimeters. The DENR Secretary shall
accommodate any such request within one (1) month of its issuance: Provided, That the
Memorandum of Agreement shall stipulate, among others, a provision for technology
transfer to the NCIP.

SECTION 62. Resolution of Conflicts. In cases of conflicting interest, where

there are adverse claims within the ancestral domains as delineated in the survey plan,
and which can not be resolved, the NCIP shall hear and decide, after notice to the proper
parties, the disputes arising from the delineation of such ancestral domains: Provided,
That if the dispute is between and/or among ICCs/IPs regarding the traditional boundaries
of their respective ancestral domains, customary process shall be followed. The NCIP
shall promulgate the necessary rules and regulations to carry out its adjudicatory
functions: Provided, further, That any decision, order, award or ruling of the NCIP on
any ancestral domain dispute or on any matter pertaining to the application,
implementation, enforcement and interpretation of this Act may be brought for Petition
for Review to the Court of Appeals within fifteen (15) days from receipt of a copy
thereof.

SECTION 63. Applicable Laws. Customary laws, traditions and practices of

the ICCs/IPs of the land where the conflict arises shall be applied first with respect to
property rights, claims and ownerships, hereditary succession and settlement of land
disputes. Any doubt or ambiguity in the application and interpretation of laws shall be
resolved in favor of the ICCs/IPs.

SECTION 64. Remedial Measures. Expropriation may be resorted to in the

resolution of conflicts of interest following the principle of the “common good”. The
NCIP shall take appropriate legal action for the cancellation of officially documented
titles which were acquired illegally: Provided, That such procedure shall ensure that the
rights of possessors in good faith shall be respected: Provided, further, That the action
for cancellation shall be initiated within two (2) years from the effectivity of this Act:
Provided, finally, That the action for reconveyance shall be within a period of ten (10)
years in accordance with existing laws.

CHAPTER IX
JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS

SECTION 65. Primacy of Customary Laws and Practices. When disputes

involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.

SECTION 66. Jurisdiction of the NCIP. The NCIP, through its regional
offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs:
Provided, however, That no such dispute shall be brought to the NCIP unless the parties
have exhausted all remedies provided under their customary laws. For this purpose, a
certification shall be issued by the Council of Elders/Leaders who participated in the
attempt to settle the dispute that the same has not been resolved, which certification shall
be a condition precedent to the filing of a petition with the NCIP.

SECTION 67. Appeals to the Court of Appeals. Decisions of the NCIP shall
be appealable to the Court of Appeals by way of a petition for review.

SECTION 68. Execution of Decisions, Awards, Orders. Upon expiration of

the period herein provided and no appeal is perfected by any of the contending parties,
the Hearing Officer of the NCIP, on its own initiative or upon motion by the prevailing
party, shall issue a writ of execution requiring the sheriff or the proper officer to execute
final decisions, orders or awards of the Regional Hearing Officer of the NCIP.

SECTION 69. Quasi-Judicial Powers of the NCIP. The NCIP shall have the
power and authority:

a) To promulgate rules and regulations’ governing the hearing and disposition of

cases filed before it as well as those pertaining to its internal functions and
such rules and regulations as may be necessary to carry out the purposes of
this Act;
b) To administer oaths, summon the parties to a controversy, issue subpoenas
requiring the attendance and testimony of witnesses or the production of such
books, papers, contracts, records, agreements and other document of similar
nature as may be material to a just determination of the matter under
investigation or hearing conducted in pursuance of this Act;
c) To hold any person in contempt, directly or indirectly, and impose appropriate
penalties therefor; and
 d) To enjoin any or all acts involving or arising from any case pending before it
which, if not restrained forthwith, may cause grave or irreparable damage to
any of the parties to the case or seriously affect social or economic activity.

SECTION 70. No Restraining Order or Preliminary Injunction. No inferior

court of the Philippines shall have jurisdiction to issue any restraining order or writ of
preliminary injunction against the NCIP or any of its duly authorized or designated
offices in any case, dispute or controversy arising from, necessary to, or interpretation of
this Act and other pertinent laws relating to ICCs/IPs and ancestral domains.

CHAPTER X
ANCESTRAL DOMAINS FUND

SECTION 71. Ancestral Domains Fund. There is hereby created a special

fund, to be known as the Ancestral Domains Fund, an initial amount of One hundred
thirty million pesos (P130,000,000) to cover compensation for expropriated lands,
delineation and development of ancestral domains. An amount of Fifty million pesos
(P50,000,000) shall be sourced from the gross income of the Philippine Charity
Sweepstakes Office (PCSO) from its lotto operation. Ten million pesos (P10,000,000)
from the gross receipts of the travel tax of the preceding year, the fund of the Social
Reform Council intended for survey and delineation of ancestral lands/domains, and such
other source as the government may deem appropriate. Thereafter, such amount shall be
included in the annual General Appropriations Act. Foreign as well as local funds which
are made available for the ICCs/IPs through the government of the Philippines shall be
coursed through the NCIP. The NCIP may also solicit and receive donations,
endowments and grants in the form of contributions, and such endowments shall be
exempted from income or gift taxes and all other taxes, charges or fees imposed by the
government or any political subdivision or instrumentality thereof.

CHAPTER XI
PENALTIES

SECTION 72. Punishable Acts and Applicable Penalties. Any person who
commits violation of any of the provisions of this Act, such as, but not limited to,
unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in
Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21
and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with
the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be
cruel, degrading or inhuman punishment: Provided, further, That neither shall the death
penalty or excessive fines be imposed. This provision shall be without prejudice to the
right of any ICCs/IPs to avail of the protection of existing laws. In which case, any
person who violates any provision of this Act shall, upon conviction, be punished by
imprisonment of not less than nine (9) months but not more than twelve (12) years or a
fine of not less than One hundred thousand pesos (P100,000) nor more than Five hundred
thousand pesos (P500,000) or both such fine and imprisonment upon the discretion of the
court. In addition, he shall be obliged to pay the ICCs/IPs concerned whatever damage
may have been suffered by the latter as a consequence of the unlawful act.

SECTION 73. Persons Subject to Punishment. If the offender is a juridical

person, all officers such as, but not limited to, its president, manager, or head of office
responsible for their unlawful act shall be criminally liable therefor, in addition to the
cancellation of certificates of their registration and/or license: Provided, That if the
offender is a public official, the penalty shall include perpetual disqualification to hold
public office.

CHAPTER XII
MERGER OF THE OFFICE FOR NORTHERN CULTURAL
COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN
CULTURAL COMMUNITIES (OSCC)

SECTION 74. Merger of ONCC and OSCC. The Office for Northern
Cultural Communities (ONCC) and the Office for Southern Cultural Communities
(OSCC), created under Executive Order Nos. 122-B and 122-C respectively, are hereby
merged as organic offices of the NCIP and shall continue to function under a revitalized
and strengthened structure to achieve the objectives of the NCIP: Provided, That the
positions of Staff Directors, Bureau Directors, Deputy Executive Directors and Executive
Directors, except positions of Regional Directors and below, are hereby phased-out upon
the effectivity of this Act: Provided, further, That officials and employees of the phased-
out offices who may be qualified may apply for reappointment with the NCIP and may be
given prior rights in the filling up of the newly created positions of NCIP, subject to the
qualifications set by the Placement Committee: Provided, furthermore, That in the case
where an indigenous person and a non-indigenous person with similar qualifications
apply for the same position, priority shall be given to the former. Officers and employees
who are to be phased-out as a result of the merger of their offices shall be entitled to
gratuity a rate equivalent to one and a half (11/2) months salary for every year of
continuous and satisfactory service rendered or the equivalent nearest fraction thereof
favorable to them on the basis of the highest salary received. If they are already entitled
to retirement or gratuity, they shall have the option to select either such retirement
benefits or the gratuity herein provided. Officers and employees who may be reinstated
shall refund such retirement benefits or gratuity received: Provided, finally, That
absorbed personnel must still meet the qualifications and standards set by the Civil
Service and the Placement Committee herein created.

SECTION 75. Transition Period. The ONCC/OSCC shall have a period of six
(6) months from the effectivity of this Act within which to wind up its affairs and to
conduct audit of its finances.

SECTION 76. Transfer of Assets/Properties. All real and personal properties

which are vested in, or belonging to, the merged offices as aforestated shall be transferred
to the NCIP without further need of conveyance, transfer or assignment and shall be held
for the same purpose as they were held by the former offices: Provided, That all
contracts, records and documents relating to the operations of the merged offices shall be
transferred to the NCIP. All agreements and contracts entered into by the merged offices
shall remain in full force and effect unless otherwise terminated, modified or amended by
the NCIP.

SECTION 77. Placement Committee. Subject to rules on government

reorganization, a Placement Committee shall be created by the NCIP, in coordination
with the Civil Service Commission, which shall assist in the judicious selection and
placement of personnel in order that the best qualified and most deserving persons shall
be appointed in the reorganized agency. The Placement Committee shall be composed of
seven (7) commissioners and an ICCs’/IPs’ representative from each of the first and
second level employees association in the Offices for Northern and Southern Cultural
Communities (ONCC/OSCC), nongovernment organizations (NGOs) who have served
the community for at least five (5) years and peoples organizations (POs) with at least
five (5) years of existence. They shall be guided by the criteria of retention and
appointment to be prepared by the Consultative Body and by the pertinent provisions of
the civil service law.

CHAPTER X
FINAL PROVISIONS

SECTION 78. Special Provision. The City of Baguio shall remain to be

governed by its Charter and all lands proclaimed as part of its townsite reservation shall
remain as such until otherwise reclassified by appropriate legislation: Provided, That
prior land rights and titles recognized and/or acquired through any judicial, administrative
or other processes before the effectivity of this Act shall remain valid: Provided, further,
That this provision shall not apply to any territory which becomes part of the City of
Baguio after the effectivity of this Act.

SECTION 79. Appropriations. The amount necessary to finance the initial

implementation of this Act shall be charged against the current year’s appropriation of
the ONCC and the OSCC. Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General Appropriations Act.

SECTION 80. Implementing Rules and Regulations. Within sixty (60) days
immediately after appointment, the NCIP shall issue the necessary rules and regulations,
in consultation with the Committees on National Cultural Communities of the House of
Representatives and the Senate, for the effective implementation of this Act.

SECTION 81. Saving Clause. This Act will not in any manner adversely affect
the rights and benefits of the ICCs/IPs under other conventions, recommendations,
international treaties, national laws, awards, customs and agreements.
 SECTION 82. Separability Clause. In case any provision of this Act or any
portion thereof is declared unconstitutional by a competent court, other provisions shall
not be affected thereby.

SECTION 83. Repealing Clause. Presidential Decree No. 410, Executive

Order Nos. 122-B and 122-C, and all other laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 84. Effectivity. This Act shall take effect fifteen (15) days upon its
publication in the Official Gazette or in any two (2) newspapers of general circulation.

Approved (on October 29, 1997).

JOSE DE VENECIA, JR. ERNESTO M. MACEDA

Speaker of the House of Representatives President of the Senate

This Act which is consolidation of Senate Bill No. 1728 and House Bill No. 9125 was
finally passed by the Senate and the House of Representatives on October 22, 1997.

ROBERTO P. NAZARENO LORENZO E. LEYNES, JR.

Secretary General Secretary of the Senate
House of Representatives

Approved: October 29, 1997

FIDEL V. RAMOS
President of the Philippines