i. a. Ra 8371 the Indigenous Peoples Rights Act of 1997

8/12/2019 i. a. Ra 8371 the Indigenous Peoples Rights Act of 1997

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c' The State shall recogni#e) respect and protect the rights o$CCs%$Ps to preserve and develop their cultures) traditions aninstitutions+ $t shall consider these rights in the formulation onational la"s and policies(

d' The State shall guarantee that members of the $CCs%$P

regardless of se*) shall e,ually enoy the full measure of humarights and freedoms "ithout distinctions or discriminations(

e' The State shall ta!e measures) "ith the participation of th$CCs%$Ps concerned) to protect their rights and guarantee respecfor their cultural integrity) and to ensure that members of th$CCs%$Ps benefit on an e,ual footing from the rights anopportunities "hich national la"s and regulations grant to othe

members of the population and

f' The State recogni#es its obligations to respond to the strone*pression of the $CCs%$Ps for cultural integrity by assurinma*imum $CC%$P participation in the direction of educationhealth) as "ell as other services of $CCs%$Ps) in order to rendesuch services more responsive to the needs and desires of thescommunities+

To"ards these ends) the State shall institute and establish thnecessary mechanisms to enforce and guarantee the reali#ation othese rights) ta!ing into consideration their customs) traditionsvalues) beliefs) their rights to their ancestral domains+

C&APTR ""$("N"T"ON O( TR%'

'ection 3. $efinition of Ters. - .or purposes of this ct) thfollo"ing terms shall mean:

a'ncestral /omains- Subect to Section 01 hereof) refer to aareas generally belonging to $CCs%$Ps comprising lands)inlan"aters) coastal areas) and natural resources therein) held under claim of o"nership) occupied or possessed by $CCs%$Ps

themselves or through their ancestors) communally or individual


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since time immemorial) continuously to the present e*cept "heinterrupted by "ar) force maeure or displacement by forcedeceit) stealth or as a conse,uence of government proects oany other voluntary dealings entered into by government anprivate individuals) corporations) and "hich are necessary t

ensure their economic) social and cultural "elfare+ $t shall includancestral land) forests) pasture) residential) agricultural) another lands individually o"ned "hether alienable and disposablor other"ise) hunting grounds) burial grounds) "orship areasbodies of "ater) mineral and other natural resources) and land"hich may no longer be e*clusively occupied by $CCs%$Ps bufrom "hich their traditionally had access to for their subsistenc

and traditional activities) particularly the home ranges of $CCs%$P"ho are still nomadic and%or shifting cultivators(

b'ncestral 2ands - Subect to Section 01 hereof) refers to lanoccupied) possessed and utili#ed by individuals) families and clan"ho are members of the $CCs%$Ps since time immemorial) bthemselves or through their predecessors-in-interest) undeclaims of individual or traditional group o"nership)continuously

to the present e*cept "hen interrupted by "ar) force maeure odisplacement by force) deceit) stealth) or as a conse,uence ogovernment proects and other voluntary dealings entered into bgovernment and private individuals%corporations) including) bunot limited to) residential lots) rice terraces or paddies) privatforests) s"idden farms and tree lots(

c' Certificate of ncestral /omain Title - refers to a title formal

recogni#ing the rights of possession and o"nership of $CCs%$Pover their ancestral domains identified and delineated iaccordance "ith this la"(

d' Certificate of ncestral 2ands Title - refers to a title formallrecogni#ing the rights of $CCs%$Ps over their ancestral lands(


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e' Communal Claims - refer to claims on land) resources anrights thereon) belonging to the "hole community "ithin defined territory

f' Customary 2a"s- refer to a body of "ritten and%or un"ritterules) usages) customs and practices traditionally and continuall

recogni#ed) accepted and observed by respective $CCs%$Ps(g' .ree and Prior $nformed Consent - as used in this ct shamean the consensus of all members of the $CCs%$Ps to( bdetermined in accordance "ith their respective customary la"and practices) free from any e*ternal manipulation) interferencand coercion) and obtained after fully disclosing the intent anscope of the activity) in a language an process understandable t

the community(

h' $ndigenous Cultural Communities%$ndigenous Peoples - refer ta group of people or homogenous societies identified by selfascription and ascription by other) "ho have continuously lived aorgani#ed community on communally bounded and defineterritory) and "ho have) under claims of o"nership since timimmemorial) occupied) possessed customs) tradition and othedistinctive cultural traits) or "ho have) through resistance tpolitical) social and cultural inroads of coloni#ation) nonindigenous religions and culture) became historicaldifferentiated from the maority of .ilipinos+ $CCs%$Ps shali!e"ise include peoples "ho are regarded as indigenous oaccount of their descent from the populations "hich inhabitethe country) at the time of con,uest or coloni#ation) or at thtime of inroads of non-indigenous religions and cultures) or thestablishment of present state boundaries) "ho retain some or aof their o"n social) economic) cultural and political institutionsbut "ho may have been displaced from their traditional domainor "ho may have resettled outside their ancestral domains(


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organisms( c' collecting) fishing and hunting grounds( d' sacresites( and e' other areas of economic) ceremonial and aesthetvalue in accordance "ith their indigenous !no"ledge) beliefssystems and practices( and

p' Time $mmemorial - refers to a period of time "hen as far bac

as memory can go) certain $CCs%$Ps are !no"n to have occupiedpossessed in the concept of o"ner) and utili#ed a defined territordevolved to them) by operation of customary la" or inheritefrom their ancestors) in accordance "ith their customs antraditions+

C&APTR """R"!&T' TO ANC'TRA* $O%A"N'

'ection . Concept of Ancestr0l *0n/s+$o0ins.- ncestralands%domains shall include such concepts of territories "hich covenot only the physical environment but the total environment includinthe spiritual and cultural bonds to the area "hich the $CCs%$Ppossess) occupy and use and to "hich they have claims of o"nership

'ection . "n/igenous Concept of O4nership.- $ndigenou

concept of o"nership sustains the vie" that ancestral domains and aresources found therein shall serve as the material bases of thecultural integrity+ The indigenous concept of o"nership generallholds that ancestral domains are the $CC6s%$P6s private but communitproperty "hich belongs to all generations and therefore cannot bsold) disposed or destroyed+ $t li!e"ise covers sustainable traditionaresource rights+

'ection 5. Coposition of Ancestr0l *0n/s+$o0ins.ncestral lands and domains shall consist of all areas generalbelonging to $CCs%$Ps as referred under Sec+ 7) items &a' and &b' othis ct+

'ection 7. Rights to Ancestr0l $o0ins.- The rights oo"nership and possession of $CCs%$Ps t their ancestral domains shabe recogni#ed and protected+ Such rights shall include:


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a+ Rights of 5"nership+- The right to claim o"nership over landsbodies of "ater traditionally and actually occupied by $CCs%$Pssacred places) traditional hunting and fishing grounds) and aimprovements made by them at any time "ithin the domains(

b+ Right to /evelop 2ands and 4atural Resources+ - Subect t

Section 01 hereof) right to develop) control and use lands anterritories traditionally occupied) o"ned) or used( to manage anconserve natural resources "ithin the territories and uphold thresponsibilities for future generations( to benefit and share thprofits from allocation and utili#ation of the natural resourcefound therein( the right to negotiate the terms and conditions fothe e*ploration of natural resources in the areas for the purpos

of ensuring ecological) environmental protection and thconservation measures) pursuant to national and customary la"sthe right to an informed and intelligent participation in thformulation and implementation of any proect) government oprivate) that "ill affect or impact upon the ancestral domains anto receive ust and fair compensation for any damages "hicthey sustain as a result of the proect( and the right to effectiv

measures by the government to prevent any interfere "ithalienation and encroachment upon these rights(

c+ Right to Stay in the Territories- The right to stay in the territorand not be removed therefrom+ 4o $CCs%$Ps "ill be relocate"ithout their free and prior informed consent) nor through anmeans other than eminent domain+ 8here relocation considered necessary as an e*ceptional measure) such relocatio

shall ta!e place only "ith the free and prior informed consent othe $CCs%$Ps concerned and "henever possible) they shall bguaranteed the right to return to their ancestral domains) as sooas the grounds for relocation cease to e*ist+ 8hen such return not possible) as determined by agreement or through appropriatprocedures) $CCs%$Ps shall be provided in all possible cases "itlands of ,uality and legal status at least e,ual to that of the lan


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previously occupied by them) suitable to provide for their presenneeds and future development+ Persons thus relocated shali!e"ise be fully compensated for any resulting loss or inury(

d+ Right in Case of /isplacement+ - $n case displacement occuras a result of natural catastrophes) the State shall endeavor t

resettle the displaced $CCs%$Ps in suitable areas "here they cahave temporary life support system: Provided) That the displace$CCs%$Ps shall have the right to return to their abandoned landuntil such time that the normalcy and safety of such lands shabe determined: Provided) further) That should their ancestradomain cease to e*ist and normalcy and safety of the previousettlements are not possible) displaced $CCs%$Ps shall eno

security of tenure over lands to "hich they have been resettledProvided) furthermore) That basic services and livelihood shall bprovided to them to ensure that their needs are ade,uateaddressed:

e+ Right to Regulate 3ntry of Migrants+ - Right to regulate thentry of migrant settlers and organi#ations into the domains(

f+ Right to Safe and Clean ir and 8ater+ - .or this purpose) th$CCs%$Ps shall have access to integrated systems for thmanagement of their inland "aters and air space(

g+ Right to Claim Parts of Reservations+ - The right to claim partof the ancestral domains "hich have been reserved for varioupurposes) e*cept those reserved and intended for common anpublic "elfare and service( and

h+ Right to Resolve Conflict+ - Right to resolve land conflicts iaccordance "ith customary la"s of the area "here the land located) and only in default thereof shall the complaints bsubmitted to amicable settlement and to the Courts of 9ustic"henever necessary+


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'ection 8. Rights to Ancestr0l *0n/s.- The right of o"nershiand possession of the $CCs%$Ps) to their ancestral lands shall brecogni#ed and protected+

a+ Right to transfer land%property+ - Such right shall include thright to transfer land or property rights to%among members of th

same $CCs%$Ps) subect to customary la"s and traditions of thcommunity concerned+

b+ Right to Redemption+ - $n cases "here it is sho"n that thtransfer of land%property rights by virtue of any agreement odevise) to a non-member of the concerned $CCs%$Ps is tainted bthe vitiated consent of the $CCs%$Ps)or is transferred for aunconscionable consideration or price) the transferor $CC%$P sha

have the right to redeem the same "ithin a period not e*ceedinfifteen &0' years from the date of transfer+

'ection 9. Responsibilities of "CCs+"Ps to their Ancestr0$o0ins.- $CCs%$Ps occupying a duly certified ancestral domaishall have the follo"ing responsibilities:

a+ Maintain 3cological Balance- To preserve) restore) an

maintain a balanced ecology in the ancestral domain bprotecting the flora and fauna) "atershed areas) and othereserves(

b+ Restore /enuded reas- To actively initiate) underta!e anparticipate in the reforestation of denuded areas and othedevelopment programs and proects subect to ust anreasonable remuneration( and

c+ 5bserve 2a"s- To observe and comply "ith the provisions othis ct and the rules and regulations for its effectivimplementation+

'ection 16. )n0uthorie/ 0n/ )nl04ful "ntrusion.;nauthori#ed and unla"ful intrusion upon) or use of any portion othe ancestral domain) or any violation of the rights herein befor

enumerated) shall be punishable under this la"+ .urthermore) th


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respects the integrity of their values) practices and institutionsConse,uently) the State shall guarantee the right of $CCs%$Ps to freepursue their economic) social and cultural development+

'ection 1. 'upport for Autonoous Regions.- The State shacontinue to strengthen and support the autonomous regions create

under the Constitution as they may re,uire or need+ The State shali!e"ise encourage other $CCs%$Ps not included or outside MuslimMindanao and the Cordillera to use the form and content of the"ays of life as may be compatible "ith the fundamental rights definein the Constitution of the Republic of the Philippines and otheinternationally recogni#ed human rights+

'ection 1. ;ustice '


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programs for national) regional and local development "hich madirectly affect them+

'ection 18. Trib0l 0r0ng0


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to the recruitment and conditions of employment of personbelonging to these communities) to the e*tent that they are noeffectively protected by the la"s applicable to "or!ers in general+

$CCs%$Ps shall have the right to association and freedom for all tradunion activities and the right to conclude collective bargainin

agreements "ith employers6 conditions+ They shall li!e"ise have thright not to be subect to "or!ing conditions ha#ardous to thehealth) particularly through e*posure to pesticides and other to*isubstances+

'ection 2. )nl04ful Acts Pert0ining to plo


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education in their o"n language) in a manner appropriate to thecultural methods of teaching and learning+ $ndigenous children%youtshall have the right to all levels and forms of education of the State+

'ection 31. Recognition of Cultur0l $i:ersit


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Provided) That at least t"o &' of the seven &E' Commissioners shabe "omen+

'ection 1. u0lific0tions, Tenure, Copens0tion.- ThChairperson and the si* &1' Commissioners must be natural bor.ilipino citi#ens) bonafide members of $CCs%$Ps as certified by his%he

tribe) e*perienced in ethnic affairs and "ho have "or!ed for at leasten &=' years "ith an $CC%$P community and%or any governmenagency involved in $CC%$P) at least 70 years of age at the time oappointment) and must be of proven honesty and integrity: ProvidedThat at least t"o &' of the seven &E' Commissioners shall be thmembers of the Philippine Bar: Provided) further) That the memberof the 4C$P shall hold office for a period of three &7' years) and ma

be subect to re-appointment for another term: Providedfurthermore) That no person shall serve for more than t"o &' termsppointment to any vacancy shall only be for the une*pired term othe predecessor and in no case shall a member be appointed odesignated in a temporary or acting capacity: Provided) finally) Thathe Chairperson and the Commissioners shall be entitled tcompensation in accordance "ith the Salary Standardi#ation 2a"+

'ection 2. Reo:0l fro Office.- ny member of the 4C$P mabe removed from office by the President) on his o"n initiative or uporecommendation by any indigenous community) before the e*piratioof his term for cause and after complying "ith due procesre,uirement of la"+

'ection 3.Appointent of Coissioners.- The Presidenshall appoint the seven &E' Commissioners of the 4C$P "ithin ninet&?=' days from the effectivity of this ct+

'ection . Po4ers 0n/ (unctions.- To accomplish its mandatethe 4C$P shall have the follo"ing po"ers) urisdiction and function:

a' To serve as the primary government agency through "hic$CCs%$Ps can see! government assistance and as the mediumthorough "hich such assistance may be e*tended(


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'ection 5. Officers 4ithin the NC"P.- The 4C$P shall have thfollo"ing offices "hich shall be responsible for the implementation othe policies herein after provided:

a+ncestral /omains 5ffice- The ncestral /omain 5ffice shabe responsible for the identification) delineation and recognitio

of ancestral land%domains+ $t shall also be responsible for thmanagement of ancestral lands%domains in accordance "ith thmaster plans as "ell as the implementation of the ancestradomain rights of the $CCs%$Ps as provided in Chapter $$$ of thct+ $t shall also issue) upon the free and prior informed consenof the $CCs%$Ps concerned) certification prior to the grant of anlicense) lease or permit for the e*ploitation of natural resource

affecting the interests of $CCs%$Ps in protecting the territoriaintegrity of all ancestral domains+ $t shall li!e"ise perform sucother functions as the Commission may deem appropriate annecessary(

b+ 5ffice on Policy) Planning and Research -The 5ffice on PolicyPlanning and Research shall be responsible for the formulation oappropriate policies and programs for $CCs%$Ps such as) but no

limited to) the development of a .ive-Dear Master Plan for th$CCs%$Ps+ Such plan shall undergo a process such that every fivyears) the Commission shall endeavor to assess the plan anma!e ramifications in accordance "ith the changing situationsThe 5ffice shall also underta!e the documentation of customarla" and shall establish and maintain a Research Center tha"ould serve as a depository of ethnographic information fo

monitoring) evaluation and policy formulation+ $t shall assist thlegislative branch of the national government in the formulatioof appropriate legislation benefiting $CCs%$Ps+

c+ 5ffice of 3ducation) Culture and Health - The 5ffice on Culture3ducation and Health shall be responsible for the effectivimplementation of the education) cultural and related rights aprovided in this ct+ $t shall assist) promote and suppo


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e+ 5ffice of 3mpo"erment and Human Rights - The 5ffice o3mpo"erment and Human Rights shall ensure that indigenousocio- political) cultural and economic rights are respected anrecogni#ed+ $t shall ensure that capacity building mechanisms arinstituted and $CCs%$Ps are afforded every opportunity) if they s

choose) to participate in all level decision-ma!ing+ $t shall li!e"isensure that the basic human rights) and such other rights as th4C$P may determine) subect to e*isting la"s) rules anregulations are protected and promoted(

f+dministrative 5ffice -The dministrative 5ffice shall providthe 4C$P "ith economical) efficient and effective servicepertaining to personnel) finance) records) e,uipment) security

supplies) and related services+ $t shall also administer thncestral /omains .und( and

g+ 2egal ffairs 5ffice - There shall be a 2egal ffairs 5ffice "hicshall advice the 4C$P on all legal matters concerning $CCs%$Pand "hich shall be responsible for providing $CCs%$Ps "ith legaassistance in litigation involving community interest+ $t shaconduct preliminary investigation on the basis of complaints file

by the $CCs%$Ps against a natural or uridical person believed thave violated $CCs%$Ps rights+ 5n the basis of its findings) it shainitiate the filing of appropriate legal or administrative action tthe 4C$P+

'ection 7. Other Offices. - The 4C$P shall have the po"er tcreate additional offices as it may deem necessary subect to e*istinrules and regulations+

'ection 8. Region0l 0n/ (iel/ Offices.- 3*isting regional anfield offices shall remain to function under the strengtheneorgani#ational structure of the 4C$P+ 5ther field office shall be create"herever appropriate and the staffing pattern thereof shall bdetermined by the 4C$P: Provided) That in provinces "here there ar


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$CCs%$Ps but "ithout field offices) the 4C$P shall establish field officein said provinces+

'ection 9. Office of the Decuti:e $irector.- The 4C$P shacreate the 5ffice of the 3*ecutive /irector "hich shall serve as itsecretariat+ The office shall be headed by an 3*ecutive /irector "h

shall be appointed by the President of the Republic of the Philippineupon the recommendation of the 4C$P on a permanent basis+ Thstaffing pattern of the office shall be determined by the 4C$P subecto e*isting rules and regulations+

'ection 6. Consult0ti:e o/


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7+ Pictures sho"ing long term occupation such as those oold improvements) burial grounds) sacred places and olvillages(

>+ Historical accounts) including pacts and agreementconcerning boundaries entered into by the $CCs%$P

concerned "ith other $CCs%$Ps(0+ Survey plans and s!etch maps(

1+ nthropological data(

E+


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thereto "ithin fifteen &0' days from the date of such publicationProvided) That in areas "here no such ne"spaper e*istsbroadcasting in a radio station "ill be a valid substitute: Providedfurther) That mere posting shall be deemed sufficient if botne"spaper and radio station are not available(

h+ 3ndorsement to 4C$P -8ithin fifteen &0' days frompublication) and of the inspection process) the ncestral /omain5ffice shall prepare a report to the 4C$P endorsing a favorablaction upon a claim that is deemed to have sufficient prooHo"ever) if the proof is deemed insufficient) the ncestra/omains 5ffice shall re,uire the submission of additionaevidence: Provided) That the ncestral /omains 5ffice sha

reect any claim that is deemed patently false or fraudulent afteinspection and verification: Provided) further) That in case oreection) the ncestral /omains 5ffice shall give the applicandue notice) copy furnished all concerned) containing the groundfor denial+ The denial shall be appealable to the 4C$P: Providedfurthermore) That in cases "here there are conflicting claims) thncestral /omains 5ffice shall cause the contending parties t

meet and assist them in coming up "ith a preliminary resolutioof the conflict) "ithout preudice to its full adudication accordinto the selection belo"+

i+ Turnover of reas 8ithin ncestral /omains Managed by 5the


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+ $ssuance of C/T - $CCs%$Ps "hose ancestral domains havbeen officially delineated and determined by the 4C$P shall bissued a C/T in the name of the community concernedcontaining a list of all those identified in the census( and

!+ Registration of C/Ts - The 4C$P shall register issue

certificates of ancestral domain titles and certificates of ancestralands titles before the Register of /eeds in the place "here thproperty is situated+

'ection 3. "/entific0tion, $eline0tion 0n/ Certific0tion oAncestr0l *0n/s.-

a+ The allocation of lands "ithin any ancestral domain tindividual or indigenous corporate &family or clan' claimants shabe left to the $CCs%$Ps concerned to decide in accordance "itcustoms and traditions(

b+ $ndividual and indigenous corporate claimants of ancestralands "hich are not "ithin ancestral domains) may have theclaims officially established by filing applications for thidentification and delineation of their claims "ith the ncestra

/omains 5ffice+ n individual or recogni#ed head of a family oclan may file such application in his behalf or in behalf of hfamily or clan) respectively(

c+ Proofs of such claims shall accompany the application form"hich shall include the testimony under oath of elders of thcommunity and other documents directly or indirectly attesting tthe possession or occupation of the areas since time immemoria

by the individual or corporate claimants in the concept of o"ner"hich shall be any of the authentic documents enumerated undeSec+ 0 &d' of this act) including ta* declarations and proofs opayment of ta*es(

d+ The ncestral /omains 5ffice may re,uire from each ancestraclaimant the submission of such other documents) S"or


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Statements and the li!e) "hich in its opinion) may shed light othe veracity of the contents of the application%claim(

e+ ;pon receipt of the applications for delineation and recognitioof ancestral land claims) the ncestral /omains 5ffice shall causthe publication of the application and a copy of each documen

submitted including a translation in the native language of th$CCs%$Ps concerned in a prominent place therein for at leasfifteen &0' days+ copy of the document shall also be posted athe local) provincial) and regional offices of the 4C$P and shall bpublished in a ne"spaper of general circulation once a "ee! fot"o &' consecutive "ee!s to allo" other claimants to filopposition thereto "ithin fifteen &0' days from the date of suc

publication: Provided) That in areas "here no such ne"spapee*ists) broadcasting in a radio station "ill be a valid substituteProvided) further) That mere posting shall be deemed sufficient both ne"spapers and radio station are not available

f+ .ifteen &0' days after such publication) the ncestral /omain5ffice shall investigate and inspect each application) and if founto be meritorious) shall cause a parcellary survey of the are

being claimed+ The ncestral /omains office shall reect anclaim that is deemed patently false or fraudulent after inspectioand verification+ $n case of reection) the ncestral /omains officshall give the applicant due notice) copy furnished all concernedcontaining the grounds for denial+ The denial shall be appealablto the 4C$P+ $n case of conflicting claims among individual oindigenous corporate claimants) the ncestral domains 5ffic

shall cause the contending parties to meet and assist them icoming up "ith a preliminary resolution of the conflict) "ithoupreudice to its full adudication according to Sec+ 1 of this c$n all proceedings for the identification or delineation of thancestral domains as herein provided) the /irector of 2ands sharepresent the interest of the Republic of the Philippines( and


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g+ The ncestral /omains 5ffice shall prepare and submit report on each and every application surveyed and delineated tthe 4C$P) "hich shall) in turn) evaluate or corporate &family oclan' claimant over ancestral lands+

'ection . (r0u/ulent Cl0is.- The ncestral /omains 5ffic

may) upon "ritten re,uest from the $CCs%$Ps) revie" e*isting claim"hich have been fraudulently ac,uired by any person or communityny claim found to be fraudulently ac,uired by) and issued to) anperson or community may be cancelled by the 4C$P after due noticand hearing of all parties concerned+

'ection . Coun0l Rights.- Subect to Section 01 hereoareas "ithin the ancestral domains) "hether delineated or not) sha

be presumed to be communally held: Provide) That communal rightunder this ct shall not be construed as co-o"nership as provided iRepublic ct+ 4o+ 7@1) other"ise !no"n as the 4e" Civil Code+

'ection 5. Disting Propert< Rights Regies.- Property right"ithin the ancestral domains already e*isting and%or vested upoeffectivity of this ct) shall be recogni#ed and respected+

'ection 7. N0tur0l Resources 4ithin Ancestr0l $o0ins.The $CCs%$Ps shall have the priority rights in the harvestinge*traction) development or e*ploitation of any natural resource"ithin the ancestral domains+ non-member of the $CCs%$Pconcerned may be allo"ed to ta!e part in the development anutili#ation of the natural resources for a period of not e*ceedint"enty-five &0' years rene"able for not more than t"enty-five &0

years: Provided) That a formal and "ritten agreement is entered int"ith the $CCs%$Ps concerned or that the community) pursuant to ito"n decision ma!ing process) has agreed to allo" such operationProvided) finally) That the all e*tractions shall be used to facilitate thdevelopment and improvement of the ancestral domains+

'ection 8. n:ironent0l Consi/er0tion.- ncestral domains oportion thereof) "hich are found necessary for critical "atersheds


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mangroves "ildlife sanctuaries) "ilderness) protected areas) forescover) or reforestation as determined by the appropriate agencies "itthe full participation of the $CCs%$Ps concerned shall be maintainedmanaged and developed for such purposes+ The $CCs%$Ps concerneshall be given the responsibility to maintain) develop) protect an

conserve such areas "ith the full and effective assistance of thgovernment agencies+ Should the $CCs%$Ps decide to transfer thresponsibility over the areas) said decision must be made in "ritingThe consent of the $CCs%$Ps should be arrived at in accordance "itits customary la"s "ithout preudice to the basic re,uirement of the*isting la"s on free and prior informed consent: Provided) That thtransfer shall be temporary and "ill ultimately revert to the $CCs%$P

in accordance "ith a program for technology transfer: Providedfurther) That no $CCs%$Ps shall be displaced or relocated for thpurpose enumerated under this section "ithout the "ritten consent othe specific persons authori#ed to give consent+

'ection 9. Certific0tion Precon/ition.- all department another governmental agencies shall henceforth be strictly enoinefrom issuing) rene"ing) or granting any concession) license or lease

or entering into any production-sharing agreement) "ithout priocertification from the 4C$P that the area affected does not overla"ith any ancestral domain+ Such certificate shall only be issued after field-based investigation is conducted by the ncestral /omain 5fficof the area concerned: Provided) That no certificate shall be issued bthe 4C$P "ithout the free and prior informed and "ritten consent othe $CCs%$Ps concerned: Provided) further) That no departmen

government agency or government-o"ned or -controlled corporatiomay issue ne" concession) license) lease) or production sharinagreement "hile there is pending application C/T: Provided) finallyThat the $CCs%$Ps shall have the right to stop or suspend) iaccordance "ith this ct) any proect that has not satisfied thre,uirement of this consultation process+


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'ection 56. Deption fro T0Des. - ll lands certified to bancestral domains shall be e*empt from real property ta*es) specialllevies) and other forms of e*action e*cept such portion of thancestral domains as are actually used for large-scale agriculturecommercial forest plantation and residential purposes and upon titlin

by other by private person: Provided) that all e*actions shall be useto facilitate the development and improvement of the ancestradomains+

'ection 51. Tepor0r< Re>uisition Po4ers.- Prior to thestablishment of an institutional surveying capacity "hereby it caeffectively fulfill its mandate) but in no case beyond three &7' yearafter its creation) the 4C$P is hereby authori#ed to re,uest th

/epartment of 3nvironment and 4atural Resources &/34R' surveteams as "ell as other e,ually capable private survey teams) througa Memorandum of greement &M5') to delineate ancestral domaiperimeters+ The /34R Secretary shall accommodate any such re,ues"ithin one &' month of its issuance: Provided) That thMemorandum of greement shall stipulate) among others) a provisiofor technology transfer to the 4C$P+

'ection 52. Resolution of Conflicts.- $n cases of conflictininterest) "here there are adverse claims "ithin the ancestral domainas delineated in the survey plan) and "hich cannot be resolved) th4C$P shall hear and decide) after notice to the proper parties) thdisputes arising from the delineation of such ancestral domainsProvided) That if the dispute is bet"een and%or among $CCs%$Pregarding the traditional boundaries of their respective ancestra

domains) customary process shall be follo"ed+ The 4C$P shapromulgate the necessary rules and regulations to carry out itadudicatory functions: Provided) further) That in any decision) ordea"ard or ruling of the 4C$P on any ancestral domain dispute or oany matter pertaining to the application) implementationenforcement and interpretation of this ct may be brought for Petitio


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for Revie" to the Court of ppeals "ithin fifteen &0' days fromreceipt of a copy thereof+

'ection 53.Applic0ble *04s.- Customary la"s) traditions anpractices of the $CCs%$Ps of the land "here the conflict arises shall bapplied first "ith respect to property rights) claims and o"nerships

hereditary succession and settlement of land disputes+ ny doubt oambiguity in the application of la"s shall be resolved in favor of th$CCs%$Ps+

'ection 5. Ree/i0l %e0sures.- 3*propriation may be resorteto in the resolution of conflicts of interest follo"ing the principle othe Fcommon goodF+ The 4C$P shall ta!e appropriate legal action fothe cancellation of officially documented titles "hich "ere ac,uire

illegally: Provided) That such procedure shall ensure that the rights opossessors in good faith shall be respected: Provided) further) Thathe action for cancellation shall be initiated "ithin t"o &' years fromthe effectivity of this ct: Provided) finally) That the action foreconveyance shall be a period of ten &=' years in accordance "ite*isting la"s+

C&APTR "E;)R"'$"CT"ON AN$ PROC$)R' (OR N(ORC%NT O(

R"!&T'

'ection 5. Pri0r< of Custo0r< *04s 0n/ Pr0ctices.- 8hedisputes involve $CCs%$Ps) customary la"s and practices shall be useto resolve the dispute+

'ection 55. ;uris/iction of the NC"P.- The 4C$P) through it

regional offices) shall have urisdiction over all claims and disputeinvolving rights of $CCs%$Ps( Provided) ho"ever) That no such disputshall be brought to the 4C$P unless the parties have e*hausted aremedies provided under their customary la"s+ .or this purpose) certification shall be issued by the Council of 3lders%2eaders "hparticipated in the attempt to settle the dispute that the same has no


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'ection 76. No restr0ining Or/er or Preliin0r< "nFunction.4o inferior court of the Philippines shall have the urisdiction to issuany restraining order or "rit of preliminary inunction against th4C$P or any of its duly authori#ed or designated offices in any casedispute or controversy to) or interpretation of this ct and othe

pertinent la"s relating to $CCs%$Ps and ancestral domains+C&APTR E

ANC'TRA* $O%A"N' ()N$

'ection 71.Ancestr0l $o0ins (un/.- There is hereby created special fund) to be !no"n as the ncestral /omains .und) an initiaamount of the 5ne Hundred thirty million pesos&P7=)===)===' tcover compensation for e*propriated lands) delineation an

development of ancestral domains+ n amount of .ifty million peso&P0=)===)===' shall be sourced from the gross income of thPhilippine Charity S"eepsta!es 5ffice &PCS5' from its lotto operationTen millions pesos &P=)===)===' from the gross receipts of the traveta* of the preceding year) the fund of the Social Reform Councintended for survey and delineation of ancestral lands%domains) ansuch other source as the government may be deem appropriate

Thereafter such amount shall be included in the annual


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by the 4C$P) in coordination "ith the Civil Service Commission) "hicshall assist in the udicious selection and placement of personnel iorder that the best ,ualified and most deserving persons shall bappointed in the reorgani#ed agency+ The placement Committee shabe composed of seven &E' commissioners and an $CCs%$P

representative from each of the first and second level employeeassociation in the 5ffices for 4orthern and Southern CulturaCommunities &54CC%5SCC') nongovernment organi#ations &4


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on 4ational Cultural Communities of the House of Representativeand the Senate) for the effective implementation of this ct+

'ection 81. '0:ing Cl0use.- This ct "ill not in any manneadversely affect the rights and benefits of the $CCs%$Ps under otheconventions) recommendations) international treaties) national la"s

a"ards) customs and agreements+'ection 82. 'ep0r0bilit< Cl0use.- $n case any provision of this cor any portion thereof is declared unconstitutional by a competencourt) other provisions shall not be affected thereby+

'ection 83. Repe0ling Cl0use.- Presidential /ecree 45+ >=3*ecutive 5rder 4os+ -B and -C) and all other la"s) decreesorders) rules and regulations or parts thereof inconsistent "ith thct are hereby repealed or modified accordingly+

'ection 8. ffecti:it

Documents

i. a. Ra 8371 the Indigenous Peoples Rights Act of 1997