Question & AnswerQ&A (ADMINISTRATIVE CIRCULAR NO. 1, S. 2018)
The Rules are known as the 2018 National Commission on Indigenous Peoples (NCIP) Rules of Procedure and govern the procedures for resolution of conflicts/disputes and exercise of the NCIP's quasi-judicial powers.
The Rules should be liberally construed to give meaning to the 1987 Constitution, Republic Act 8371 (IPRA), and other legislations to assist parties in just, expeditious, and inexpensive resolution of claims and disputes. All doubts or ambiguities should be resolved in favor of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs).
The primacy of customary laws means that in resolving disputes involving ICCs/IPs, customary laws must first be applied before seeking recourse through the NCIP or regular courts.
Original Jurisdiction refers to the authority of the Commission En Banc (CEB) or the Regional Hearing Office (RHO) to hear and resolve cases for the first time and set forth judgment on the law and facts.
The NCIP, through its Regional Hearing Offices (RHOs), has original jurisdiction over claims and disputes within the same ICCs/IPs group, provided all remedies under customary laws have been exhausted.
A CNR is a certification issued by the Council of Elders/Leaders confirming that the dispute has not been resolved under customary laws. It is a condition precedent for filing a petition with the NCIP.
The NCIP can promulgate rules, administer oaths, summon parties and witnesses, hold persons in contempt, and enjoin acts causing grave or irreparable damage among other powers.
No case shall be brought before the CEB or RHO unless the parties have exhausted all remedies under customary laws. A complaint without a CNR is referred back to the Council of Elders/Leaders for mediation.
Pleadings allowed are the complaint or petition and the answer, both of which must be verified under oath.
A motion to dismiss is allowed only for lack of jurisdiction, prescription of the case, or when there is a prior judgment on the same parties and issues (res judicata).
The hearing proceeds ex parte, allowing the complainant to present evidence. The defendant may participate in later proceedings only upon motion and meritorious grounds.
Amicus Curiae are experts on indigenous knowledge systems and customary laws whose opinions may be solicited by the RHOr to guide in resolving cases involving customs and traditions.
Unwritten customs, traditions, oral histories, and testimonies from recognized elders/leaders are admitted as relevant evidence, irrespective of the technical rules on evidence.
Direct contempt penalties include fines not exceeding Php 2,000 or imprisonment up to 10 days if against the CEB or its members, and fines up to Php 200 or imprisonment up to 1 day if against the RHOr.
Appeals may be filed to the Commission En Banc (CEB) within 15 days from receipt of the decision, with a Memorandum on Appeal and payment of appeal fees unless the appellant is indigent.