- RULE I . PRELIMINARY PROVISIONS
- RULE II. DEFINITION OF TERMS
- RULE III : RIGHTS TO ANCESTRAL DOMAINS/LANDS
- Part I. Policies and Concepts
- Part II. Rights of Indigenous Cultural Communities/Indigenous Peoples to Ancestral Domains
- Section 1. Rights of Ownership.
- Section 2. Right to Develop Lands and Natural Resources.
- Section 4. Right to Stay in Territories and Not to be Displaced Therefrom.
- Section 5. Right to Regulate Entry of Migrants and Other Entities.
- Section 6. Right to Safe and Clean Air and Water.
- Section 7. Right to Claim Parts of Reservations.
- Section 8. Right to Resolve Conflicts According to Customary Laws.
- Part III. Rights of the ICCs/IPs to Their Ancestral Lands
- Part IV. Responsibilities of ICCs/IPs to their Ancestral Domains
- RULE IV: RIGHT TO SELF-GOVERNANCE AND EMP
- Part 1: Self-Governance and Political Leadership Systems.
- Section 1: Recognition of Authentic Leadership.
- Section 2. Authentication of Indigenous Leadership Titles and Certificates of Tribal Membership.
- Section 3. Indigenous Political Leadership Development.
- Section 4. Recognition of Socio-Political Institutions and Structures.
- Section 5. Support for Autonomous Regions.
- Section 6. Mandatory Representation in Policy Making Bodies.
- Section 7: Right to Determine and Decide Own Development and Right to Develop as Peoples.
- Section 8. Tribal Barangays.
- Part II: Role of Peoples Organizations
- Section 1. Right to Organize and Associate for Collective Actions.
- Section 2. Registration Requirements for Indigenous Peoples Organizations (IPO).
- Section 3. Monitoring and Reporting.
- Section 4. Accreditation of NGOs Operating Within Ancestral Domains.
- Section 5. Suspension and Revocation of PO Registration or NGO Accreditation.
- Part III. Instrument of Empowerment
- Section 1.
- Section 2. General Application.
- Section 3. Free and Prior Informed Consent.
- Section 4. Scope of ICCs/IPs whose Consent shall be Secured.
- Section 5. Procedure and Requirements for Securing ICCs/IPs Consent.
- Section 6. Obligations of the Proponent.
- Section 7. Development and Cultural Activities Subject to Free and Prior Informed Consent (FPIC).
- Section 8. Memorandum of Agreement.
- Section 9. Non-Transferability of Consent
- Part 1: Self-Governance and Political Leadership Systems.
- RULE V: SOCIAL JUSTICE AND HUMAN RIGHTS
- RULE VI: CULTURAL INTEGRITY
- Section 1. Constitutional and Legal Framework.
- Section 2. Conceptual Framework of Cultural Integrity.
- Section 3: Right to Cultural Integrity.
- Section 5. Protection of Indigenous Culture, Traditions and Institutions.
- Section 6. Right to Establish and Control Educational and Learning Systems.
- Section 7. Recognition of Cultural Diversity.
- Section 8. Recognition of Customary Laws and Practices Governing Civil Relations.
- Section 9. Right to a Name, Identity and History.
- Section 10. Protection of Community Intellectual Property.
- Section 11. Protection of Religious, Cultural Sites and Ceremonies.
- Section 12. Right to Indigenous Spiritual Beliefs and Traditions.
- Section 13. Protection of Indigenous Sacred Places.
- Section 14. Right to Indigenous Knowledge Systems and Practices and to Develop Own Sciences and Technologies.
- Section 15. Protection and Promotion of Indigenous Knowledge Systems and Practices (IKSPs).
- Section 16. Protection of Manifestations of Indigenous Culture.
- Section 17. Protection of Biological and Genetic Resources.
- Section 18. Agro-technological Development.
- Section 19. Funds for Archeological and Historical Sites.
- RULE VII. THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)
- Part I: Creation, Mandate and Operating Principles of the NCIP
- Part II: NCIP as an Independent Agency Under the Office of the President.
- Part III: Composition, Appointment, Qualification, Tenure, Compensation and Removal from Office.
- Section 1. Composition of the Commission.
- Section 2. Appointment of Commissioners.
- Section 3. Qualifications.
- Section 4. Appointment and Authority of the Chairperson.
- Section 5. Tenure.
- Section 6. Compensation.
- Section 7. Removal from Office.
- Section 8. Requirements for Removal of Commissioners from Office.
- Section 9. Inhibitions Against Members of the Commission.
- Part IV: Powers and Functions of the NCIP
- Part V: Accessibility and Transparency
- Part VI: Offices of the National Commission on Indigenous Peoples
- Section 1: Offices within the NCIP.
- Section 2. Ancestral Domains Office.
- Section 3. Office on Policy, Planning and Research
- Section 4: Office on Education, Culture and Health.
- Section 5: Office on Socio-Economic Services and Special Concerns.
- Section 6: Office of Empowerment and Human Rights.
- Section 7. Administrative Office.
- Section 8. Legal Affairs Office.
- Section 9. Office of the Executive Director.
- Part VII. Regional, Field and Other Offices
- Part VIII. Composition of and Guidelines for the Convening of the Consultative Body
- RULE VIII. DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS
- Part I. Delineation and Recognition of Ancestral Domains/Lands
- Section 1. Principle of Self Delineation.
- Section 2. Procedure on Ancestral Domain Delineation.
- Section 5. Validation of Prior Delineation of Ancestral Domains
- Section 6. Turn-over of Areas within Ancestral Domains.
- Section 7. Delineation of Ancestral Lands.
- Section 8. Registration of Certificates of Ancestral Domain Title (CADTs) and Certificates of Ancestral Land Title (CALTs).
- Section 9. Reconveyance of Fraudulently Transferred Ancestral Lands.
- Part II. Ancestral Domain Development and Protection
- Section 1. Right to Manage and Develop Ancestral Domains.
- Section 2. Preparation and Adoption of Ancestral Domains Sustainable Development and Protection Plans (ADSDPP).
- Section 3. Basic Steps in the Formulation of an ADSDPP.
- Section 4. Management of Joint Undertakings Within Ancestral Domains.
- Section 5. Existing Property Rights Regimes.
- Section 6. Existing Contracts, Licenses, Concessions, Leases, and Permits Within Ancestral Domains.
- Section 7. Right To Manage Protected and Environmentally Critical Areas.
- Section 8. Five Year Master Plan.
- Section 9. Certification Precondition Prior to Issuance of any Permits or Licenses.
- Section 10. Right to Stop and Suspend Projects.
- Section 11. Exemption from Taxes.
- Section 12. Temporary Requisition Powers.
- Section 13. Expropriation.
- Part I. Delineation and Recognition of Ancestral Domains/Lands
- RULE IX. JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
- RULE X. ANCESTRAL DOMAIN FUNDS
- RULE XI . PENALTIES AND SANCTIONS
- RULE XII: MERGER OF THE ONCC/OSCC
- Part I: Reorganization Process
- Section 1. Definition and Policy.
- Section 2. Reorganization Procedures.
- Section 3. Order of Priority and Preferential Rights.
- Section 4. Reappointment of Former ONCC/OSCC Personnel.
- Section 5. Payment of Gratuity and Retirement Benefits.
- Section 6. Placement Committee.
- Section 7. Composition of the Placement Committee.
- Section 3. NGO Accreditation to the Placement Committee.
- Section 4. IPO Accreditation to the Placement Committee.
- Section 5. Operational Guidelines of the Placement Committee.
- Section 6. Incorporation of the Placement Committee’s Operational Guidelines
- Section 8. Principles In Formulating the Criteria of Appointment.
- Part III: Transition Period
- Part I: Reorganization Process
- RULE XIII. FINAL PROVISIONS
Office of the President
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
2/f D & E Building, Quezon Ave., corner Roces Ave.
Quezon City
National Commission on Indigenous Peoples
Administrative Order No. 1
Series of 1998
RULES AND REGULATIONS IMPLEMENTING
REPUBLIC ACT NO. 8371, OTHERWISE KNOWN AS
“THE INDIGENOUS PEOPLES’ RIGHTS ACT OF 1997”
Pursuant to Section 80 of Republic Act No. 8371, otherwise known as “The Indigenous Peoples’ Rights Act of 1997” (IPRA), the following rules and regulations are hereby promulgated for the guidance and compliance of all concerned.
RULE I . PRELIMINARY PROVISIONS
Section 1. Title. These rules shall be known and cited as “The Rules and Regulations Implementing The Indigenous Peoples’ Rights Act of 1997” (IPRA).
Section 2. Purpose. These rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of Republic Act No. 8371, otherwise known as “The Indigenous Peoples’ Rights Act of 1997” (IPRA) in order to facilitate compliance therewith and achieve the objectives thereof.
Section 3. Declaration of Policy. The State recognizes the inherent dignity and equal and inalienable rights of all members of Philippine society as the foundation of freedom, justice and peace. The rights of indigenous cultural communities / indigenous peoples are universal, indivisible, interdependent and interrelated. It is, therefore, the policy of the state to recognize and promote all individual and collective rights of ICCs/IPs within the framework of national unity and development in accordance with the Constitution and applicable norms and principles.
Section 4. Operating Principles. In implementing the policies enumerated in these Rules, the following operating principles shall be adhered to:
RULE II. DEFINITION OF TERMS
Section 1. Definition of Terms. For purposes of these Rules and Regulations the following terms shall mean:
RULE III : RIGHTS TO ANCESTRAL DOMAINS/LANDS
Part I. Policies and Concepts
Section. 1. Constitutional and Legal Framework. 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 or relations in determining the ownership and extent of ancestral domains.
Section 2. Composition of Ancestral Domains/Lands. Ancestral Domains/ Lands are all areas generally belonging to the ICCs/IPs, owned, occupied or possessed by themselves or through their ancestors, communally or individually since time immemorial.
Ancestral lands/domains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of ownership.
Ancestral domain consists of lands, inland waters, coastal areas, minerals and other natural resources.
Lands within ancestral domains shall include, but not limited to, ancestral lands, forests, pasturelands, residential lands, agricultural lands, hunting grounds, burial grounds, worship areas, land no longer occupied by the ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators, and other lands individually owned whether alienable and disposable or otherwise. Ancestral land shall consist of, but not be limited to, residential lots, rice terraces or paddies, private forests, swidden farms, and tree lots. Provided that property rights within the ancestral domains already existing and/or vested upon effectivity of the Act, within ancestral domains/lands, shall be respected and recognized.
Inland waters and coastal areas include fishing grounds, collecting grounds, and bodies of water.
Section 3. Indigenous Concept of Ownership. Ancestral domains/lands and all resources found therein form the material bases of the ICCs/IPs’ cultural integrity. The indigenous concept of ownership therefor, generally holds that ancestral domains are the ICCs’/IPs’ private but communal property which belongs to all generations and shall not be sold, disposed nor destroyed. The present generation who are today’s occupants have the inter-generational responsibility of conserving the land and natural resources for future generations of ICCs/IPs to enjoy.
Section 4. Recognition of Ancestral Domain and Land Rights. The rights of the ICCs/IPs to their ancestral domains and lands by virtue of native title shall be recognized and respected. Native title to ancestral domains and lands may be formally recognized or established through the issuance of corresponding Certificate of Ancestral Domain Title (CADT) or Certificate of Ancestral Land Title (CALT) as provided in the Act.
All areas within ancestral domains, whether delineated or not, are presumed to be communally owned and, pursuant to the indigenous concept of ownership, could not be sold, disposed nor destroyed.
Areas and resources in the domains are deemed destroyed if on account of the activity conducted or applied:
Part II. Rights of Indigenous Cultural Communities/Indigenous Peoples to Ancestral Domains
Section 1. Rights of Ownership. ICCs/IPs have rights of ownership over lands, waters, and natural resources and all improvements made by them at any time within the ancestral domains/lands. These rights shall include, but not limited to, the right over the fruits, the right to possess, the right to use, right to consume, right to exclude and right to recover ownership, and the rights or interests over land and natural resources. The right to recover shall be particularly applied to lands lost through fraud or any form of vitiated consent or transferred for an unconscionable price.
Section 2. Right to Develop Lands and Natural Resources. Subject to property rights within the ancestral domains already existing and/or vested upon effectivity of the Act, ICCs/IPs have the right to control, manage, develop, protect, conserve, and sustainably use: a) land, air, water and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and, e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge systems and practices (IKSPs) and customary laws and traditions, and duly adopted Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) where ADSDPPs have been adopted; and to equitably benefit from the fruits thereof. In all instances, ICCs/IPs shall have priority in the development, extraction, utilization and exploitation of natural resources.
Accordingly, the concerned ICC/IP community shall be extended all the benefits already provided under existing laws, administrative orders, rules and regulations covering particular resource utilization, extraction or development projects/activities, without prejudice to additional benefits as may be negotiated between the parties. The NCIP, as third party, shall , among others, assist the ICCs/IPs in the negotiation process to safeguard and guarantee that the terms and conditions of the agreement negotiated are not inimical to the rights of the ICCs/IPs.
The NCIP shall ensure that at least 30% of all funds received from such activities will be allocated to the ICC/IP community for development projects or provision of social services or infrastructure in accordance with their duly adopted Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) whenever. In the absence of such ADSDPP, the NCIP shall assist the ICCs/IPs in the development of a program or project to utilize such funds.
In consultation with ICCs/IPs, the NCIP shall set guidelines for the utilization of funds accruing to ICCs/IPs.