Law Summary
Statutory Basis
- The Constitution mandates social justice and recognition of indigenous rights.
- RA 8371 Section 16 mandates IP participation at all governance levels affecting them.
- NCIP IRR reiterates mandatory and proportional representation in policymaking bodies.
Declaration of Policy
- NCIP policy promotes political, civil, economic, social, and cultural rights of IPs.
- Aligns with international conventions such as ICERD and UNDRIP emphasizing full participation and decision-making rights.
- Supports State recognition of IP rights within national unity and development.
Operating Principles
- Selection of IP representatives must prioritize customary laws and dispute resolution via traditional practices.
- Consensus-building through traditional decision-making processes.
- Inclusivity ensures all IPs in an LGU participate.
- Representatives express collective interests of all IPs in the area.
- Sustains Indigenous Peoples Consultative Body (IPCB) operations.
- Capacity building through culturally sensitive training developed by NCIP in coordination with DILG and others.
- Promotes gender equity and sectoral representation including women and youth.
Coverage
- Applies to all IPs residing within ancestral domains or resettled communities within an LGU.
- In overlapping jurisdiction cases, only residents within a particular LGU participate in its selection process.
Definitions
- Indigenous Cultural Communities/Peoples (ICCs/IPs) defined by ancestral occupation, language, culture, and historical continuity.
- Recognizes both forcibly and voluntarily resettled IPs.
- Ancestral Domains encompass lands, waters, resources, including those no longer exclusively occupied but traditionally accessed.
- Elders/Leaders are community members with wisdom and leadership roles.
- Indigenous Peoples Consultative Body consists of traditional leaders and sector representatives.
- Peoples Organization refers to recognized non-profit groups representing IPs.
- Civil Society refers broadly to voluntary social and civic organizations.
Objectives
- Set up a mechanism adaptable to IP circumstances in LGUs.
- Ensure customary practices and inclusivity in representation.
- Facilitate collective representation and capacity building.
- Support active IP participation through a rights-based governance approach.
ICC/IP Representative: Powers, Duties, Functions
- Hold powers and responsibilities equivalent to other council members under RA 7160.
- Focus on representing collective IP interests.
- Support IPCB operations.
- Maintain traditional political and justice systems compatible with national law and human rights.
Minimum Qualifications
- Natural-born Filipino citizen.
- Registered voter within jurisdiction of service.
- Bona fide IP by blood, an acknowledged leader with service record certified by NCIP.
- Literate and knowledgeable of customary laws.
Disqualifications
- Convicted by elders for violating customs.
- Final conviction for crimes involving moral turpitude or sentences ≥ 1 year within 2 years after serving.
- Removed from office for administrative cause.
- Violated oath of allegiance or holds dual citizenship.
- Fugitive or permanently residing abroad.
- Insanity or mental incapacity confirmed by authorities.
Term and Removal
- Term: 3 years with up to 3 consecutive terms.
- LGUs with multiple IP groups may adopt term-sharing arrangements.
- Representative may be recalled/removed per IP community's local rules.
Selection and Assumption
- Selection follows a Local Guideline adopted by IP communities containing minimum provisions covering process, qualifications, term, recall etc.
- NCIP provides template guide.
- Selection certified by NCIP Regional Director.
- Oath-taking before authorized officer mandatory before assumption.
Compensation and Benefits
- Equivalent to those of regular legislative council members under RA 7160 and related laws.
Responsibilities of NCIP
- Facilitate assemblies for IECs on guidelines.
- Assist in IP selection process and document proceedings.
- Certify validity of selection documents.
Provincial/Community Office Duties
- Document selection proceedings.
- Certify authenticity of records.
- Endorse selected representative with documents to Regional Office.
Regional Office Duties
- Evaluate documentation; issue Certificate of Affirmation (COA) for valid selections.
- Return deficient documents with instructions.
- Submit COA copies to DILG and NCIP Central Office.
Capacity Building
- NCIP to develop culture-sensitive training modules for IP representatives.
- Training enhances governance engagement and preserves traditional knowledge.
- Partnerships include DILG, LGUs, government agencies, civil society.
Final Provisions
- Guidelines construed liberally in favor of IPs.
- Synchronizes incumbent representatives' terms with new guidelines.
- Existing Local Guidelines must be harmonized accordingly.
- Preserves rights/benefits under existing contracts.
- Repeals inconsistent NCIP issuances.
- Severability clause for unconstitutional provisions.
- Effective 15 days after publication in Official Gazette, newspapers, or filing at UP Law Center.