Question & AnswerQ&A (NCIP ADMINISTRATIVE ORDER NO. 1, SERIES OF 1998)
They are known and cited as "The Rules and Regulations Implementing The Indigenous Peoples' Rights Act of 1997" (IPRA).
It refers to groups of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized communities on communally bounded and defined territory, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have become historically differentiated from the majority of Filipinos due to resistance to colonization or cultural inroads.
Ancestral Domains are all areas generally belonging to ICCs/IPs, subject to property rights within ancestral domains already existing and/or vested upon the effectivity of the Act, including lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs communally or individually since time immemorial.
Ancestral domains shall be identified and delineated by the ICCs/IPs themselves through their respective Council of Elders/Leaders, using traditionally recognized physical landmarks without being limited or reduced by political or administrative boundaries.
ICCs/IPs have rights of ownership, right to develop lands and natural resources, right to stay in their territories without displacement without Free and Prior Informed Consent, rights to regulate entry of migrants and entities, right to safe and clean air and water, and the right to resolve conflicts according to customary laws.
FPIC means the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of an activity in a language and process understandable to the community.
The NCIP is composed of seven Commissioners appointed by the President representing each of seven ethnographic regions and serves as the primary government agency responsible for formulating and implementing policies recognizing and protecting the rights of ICCs/IPs.
Violators shall be punished with imprisonment of not less than nine (9) months but not more than twelve (12) years, fines ranging from One Hundred Thousand Pesos (P100,000) to Five Hundred Thousand Pesos (P500,000), or both, and may also face accessory penalties, including payment of damages and cancellation of registration certificates.
Decisions of the NCIP may be appealed to the Court of Appeals by way of a petition for review within fifteen (15) days from receipt of a copy of the decision or order.
The Ancestral Domains Office is responsible for the identification, delineation, recognition and titling of ancestral lands/domains; conducting surveys; issuing certificates; protecting territorial integrity; coordinating enforcement of laws protecting ICCs/IPs' rights; and keeping records of certificates of ancestral domain and land titles.