Rules Implementing Indigenous Peoples' Rights Act

Policy and operating principles

The State recognizes the inherent dignity and equal and inalienable rights of all members of Philippine society, with ICCs/IPs rights as universal, indivisible, interdependent and interrelated (Section 3).
The policy of the State is to recognize and promote ICC individual and collective rights within national unity and development, consistent with the Constitution and applicable norms (Section 3).
Cultural diversity must be encouraged and fostered through openness, mutual respect, and active defense of ICCs/IPs rights (Section 4(a)).
Disputes affecting ICCs/IPs must be resolved through dialogue and consensus as far as practicable (Section 4(b)).
Cultural integrity within ancestral domains/lands is inviolable, including the holistic adherence to customs, beliefs, traditions, indigenous knowledge systems and practices, and assertion of identity (Section 4(c)).
Implementing authorities must respect the sacred human dignity and unique identity of ICCs/IPs (Section 4(d)).
Development must follow subsidiarity, solidarity, and total human development, with everyone subject only to limitations determined by custom or law solely to secure due recognition and respect for others’ rights and the just requirements of morality, public order, and general welfare (Section 4(e)).
The NCIP must act based on transparency with active support and participation by ICCs/IPs, using a pro-active strategy for empowerment and fulfillment of its mandate (Section 4(f)).

Definitions and key terms established

Ancestral Domains are all areas generally belonging to ICCs/IPs, subject to property rights already existing/vested on the Act’s effectivity, comprising lands, inland waters, coastal areas, and natural resources, held under a claim of ownership and occupied or possessed by ICCs/IPs since time immemorial, continuously to the present, except when interrupted by war, force majeure, displacement by force, deceit, stealth, or government projects, or voluntary dealings entered into by government and private individuals/corporations (Section 1(a)).
Ancestral Lands are land within ancestral domains, occupied, possessed, and utilized by individuals, families, and clans who are members of ICCs/IPs since time immemorial, continuously to the present, subject to the same interruption exceptions, including residential lots, rice terraces/paddies, private forests, swidden farms, and tree lots (Section 1(b)).
CADT is the formal title recognizing ICCs/IPs rights of possession and ownership over ancestral domains delineated in accordance with IPRA (Section 1(c)).
CALT is the formal title recognizing ICCs/IPs rights of possession and ownership over ancestral lands (Section 1(d)).
Culture Sensitive means compatibility and appropriateness to ICCs/IPs culture, beliefs, customs, traditions, indigenous systems and practices (Section 1(e)).
Communal Claims are claims on land, resources, and rights thereon belonging to the whole community within a defined territory (Section 1(f)).
Commercial Forest Plantation is land planted to timber-producing species (including rubber) and/or non-timber species (such as rattan and bamboo) to supply raw material requirements of forest-based industries, energy-generating plants and related industries (Section 1(g)).
Customary Laws are written or unwritten rules, usages, customs, and practices traditionally observed, accepted, and recognized by respective ICCs/IPs (Section 1(h)).
Free and Prior Informed Consent is the consensus of all members of ICCs/IPs determined in accordance with respective customary laws and practices, free from external manipulation, interference and coercion, and obtained after fully disclosing intent and scope in a language and process understandable to the community (Section 1(k)).
ICCs/IPs are identified by self-ascription and ascription by others; they continuously lived as organized communities on communally bounded and defined territories, occupied/possessed/utilized territories under claims of ownership since time immemorial, sharing distinctive cultural traits, or became historically differentiated through resistance to colonization and non-indigenous inroads; they include indigenous peoples by descent who retain some or all social, economic, cultural, and political institutions even if displaced/resettled (Section 1(l)).
NCIP is the office created under IPRA under the Office of the President, as the primary government agency responsible for formulating and implementing policies, plans and programs to recognize, protect, and promote ICCs/IPs rights (Section 1(r)).
Native Title is pre-conquest rights to lands and domains held under private ownership claims by ICCs/IPs and never public lands, presumed held since before the Spanish Conquest (Section 1(s)).
Unlawful or Unauthorized Intrusion is occupation of lands and utilization of resources within an ancestral domain without the consent of the concerned IP, through invasion, violation, wrongful entry by stealth or force, or uninvited entrance (Section 1(z)).
Usurpation is real-rights/real-property usurpation by violence against or intimidation of persons, as defined in Article 312 of the Penal Code (Section 1(aa)).
Other definitions expressly include Indigenous Political Structures, Indigenous Knowledge Systems and Practices, Large Scale Agriculture, Peoples’ Organization, Self Governance, Sustainable Traditional Resource Rights, and Time Immemorial (Section 1).

Rights to ancestral domains and lands

The State shall protect ICCs/IPs rights to ancestral domains to ensure economic, social, and cultural well-being and recognize the applicability of customary laws governing property rights or relations in determining ownership and extent of ancestral domains (Rule III, Part I, Section 1).
ICCs/IPs have rights of ownership over lands, waters, natural resources, and all improvements made by them within ancestral domains/lands, including rights over fruits, possess/use/consume, exclude, recover ownership, and other interests (Rule III, Part II, Section 1).
ICCs/IPs have a particular right to recover ownership for lands lost through fraud or any form of vitiated consent or transferred for an unconscionable price (Rule III, Part II, Section 1).
ICCs/IPs have the right to control, manage, develop, protect, conserve, and sustainably use lands, air, water and minerals; plants/animals/organisms; collecting/fishing/hunting grounds; sacred sites; and other valuable areas, in accordance with indigenous knowledge systems and practices and customary laws and traditions, and duly adopted Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) where ADSDPPs have been adopted (Rule III, Part II, Section 2).
ICCs/IPs have priority in development, extraction, utilization, and exploitation of natural resources within ancestral domains (Rule III, Part II, Section 2).
ICCs/IPs are entitled to benefits and equitable compensation for social and/or environmental costs from utilization/extraction/use/development within their ancestral lands/domains (Rule III, Part II, Section 2(a)).
Communities must receive benefits under existing laws/rules covering resource utilization/extraction/development projects, with additional benefits potentially negotiated, while the NCIP assists the negotiation to safeguard ICCs/IPs terms and conditions (Rule III, Part II, Section 2(a)).
The NCIP must ensure that at least 30% of all funds received from covered activities are allocated to the ICC/IP community for development projects, social services, or infrastructure in accordance with the ADSDPP whenever ADSDPP exists; otherwise, the NCIP assists in development of a program/project to utilize such funds (Rule III, Part II, Section 2(a)).
ICCs/IPs have the right to source out, control, disburse, or use funds/appropriations from any legal entity for development of territories with adequate systems ensuring individual and collective accountability (Rule III, Part II, Section 2(b)(1)).
ICCs/IPs may enter agreements with any legal entity for utilization/extraction/development of natural resources through their Council of Elders/Leaders subject to Free and Prior Informed Consent; agreements are limited to a term of 25 years, renewable at ICCs/IPs option for another 25 years, and are subject to visitorial and monitoring powers of the ICCs/IPs and the NCIP (Rule III, Part II, Section 2(b)(2)).
ICCs/IPs may protect and manage portions needed for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation with full and effective technical and financial support of concerned government agencies or other legal entities (Rule III, Part II, Section 2(b)(3)).
ICCs/IPs may temporarily allow government agencies to manage specified areas under a written agreement ensuring (i) a technology transfer program enabling ultimate ICC/IP management and (ii) no displacement/dislocation as a result of the project/activity (Rule III, Part II, Section 2(b)(4)).
ICCs/IPs have an inviolate right to stay in territories; no relocation occurs without their Free and Prior Informed Consent and no means other than eminent domain; relocation/displacement as an exceptional measure or due to calamity/catastrophe is only temporary (Rule III, Part II, Section 4).
ICCs/IPs have a right to return to ancestral domains when relocation grounds cease; they have a right to compensation for damages from relocation (Rule III, Part II, Section 4(b) and (d)).
Temporary relocation is exceptional only if after exhausting all legal remedies it is the only option to avoid loss of lives and safeguard health and safety; it generally occurs due to force majeure, natural calamities, or catastrophes, and requires provision of habitable relocation sites, adequate shelter, food, basic services, and livelihood opportunities (Rule III, Part II, Section 4(a)).
If permanent relocation/displacement creates grave and long-term risks and irreversibly loses normalcy/safety of prior settlements, ICCs/IPs are accorded upon Free and Prior Informed Consent: (i) relocation to equal quality/legal status sites suitable for present needs and future development; (ii) security of tenure; and (iii) compensation for loss, injury, or damage (Rule III, Part II, Section 4(c)).
Compensation claim procedures require: (i) who may file (individuals for loss of life/injuries/property; community Elders/Leaders for damage to burial grounds, worship areas, hunting grounds, or communal structures; or the NCIP motu propio for the community); (ii) NCIP notification via its field office when filed by affected ICCs/IP; (iii) filing of the compensation claim with the appropriate office of the relocating/displacing agency with NCIP assistance; and (iv) NCIP ensuring due consideration and compensation within a reasonable time (Rule III, Part II, Section 4(d)(1)-(4)).
ICCs/IPs may regulate entry of migrants and other entities into ancestral domains/lands; migrants and other entities must first secure express permission of the community’s Council of Elders/Leaders achieved through consensus building processes and Free, Prior and Informed Consent, subject to non-inimical activities and community’s right to impose penalties under customary laws, IPRA, or implementing rules (Rule III, Part II, Section 5).
Any violation of environmental laws adversely affecting ecological systems in ancestral domains is penalized according to the concerned ICCs/IPs’ customary laws; government must adopt measures to preserve freshwater quality and minimize air pollution and other pollution affecting domains (Rule III, Part II, Section 6(a)).
All persons/entities allowed to participate in land development and resource extraction/use and government offices implementing infrastructure projects within ancestral lands/domains must submit to the NCIP (through the concerned Regional Office) a culture-sensitive Environmental Conservation and Protection Program (ECPP) detailing environmental impacts, control/rehabilitation measures, financial resource allocations, implementation schedules, compliance guarantees, and evaluation/monitoring schemes (Rule III, Part II, Section 6(b)).
The concerned Regional Office must conduct preliminary ECPP evaluation within 20 working days from receipt; it may require revisions/additional requirements and must endorse the ECPP to the Commission with recommendations (Rule III, Part II, Section 6(b)).
ICCs/IPs have a right to claim ancestral domains or parts reserved for various purposes when dispossession occurs by operation of law, executive fiat, or legislative action; the NCIP reviews existing reservations and takes steps to cause disestablishment, segregation, and reconveyance to concerned ICCs/IPs (Rule III, Part II, Section 7(a)).
Communities whose ancestral domains/portions continue to be used as reservations may negotiate terms and conditions via a Memorandum of Agreement, including preferential use of facilities and free access to basic services dispensed therefrom, through appropriate IP desks established by the reservation administrator (Rule III, Part II, Section 7(b)).
Conflicts pertaining to property rights, claims/ownership, hereditary succession, and settlement of land disputes within ancestral domains/lands must be resolved according to ICCs/IPs customary laws, traditions, and practices in the area where the conflict arises (Rule III, Part II, Section 8).
If the conflict is unresolved through customary processes, the participating Council of Elders/Leaders must certify unresolved status, and such certification is a condition precedent for filing a complaint with the NCIP through its Regional Offices for adjudication (Rule III, Part II, Section 8).
NCIP decisions may be brought on appeal to the Court of Appeals by Petition for Review (Rule III, Part II, Section 8).

Rights to ancestral lands and transfer controls

Indigenous modes of acquisition and transfer of property between and among ICCs/IPs are recognized as legal, valid, and enforceable (Rule III, Part III, Section 1).
For marriages between IPs and non-IPs, indigenous property rights are governed by the customary laws of the IP spouse; the non-IP spouse has usufructuary rights for family maintenance and support (Rule III, Part III, Section 1).
Transfer of ancestral lands by IPs to non-IPs attended by vitiated consent or for an unconscionable price is declared null and void ab initio upon investigation and proof, with a right of redemption in favor of the transferor within 15 years from the date of transfer (Rule III, Part III, Section 2).
For fraudulent transactions, the redemption period is reckoned upon discovery of fraud (Rule III, Part III, Section 2).
Consent is vitiated if given through error or mistake, violence, intimidation, undue influence, fraud, or deceit (Rule III, Part III, Section 2).
Price is unconscionable when disproportionate to property value as to be revolting to human conscience (Rule III, Part III, Section 2).
The transferor’s redemption must be exercised within 15 years from the transfer date; the NCIP provides the process through its Rules of Procedures, requiring a petition stating circumstances, due notice and hearing, and reconveyance to the transferor ICC/IP (Rule III, Part III, Section 2).
Members who individually own ancestral lands have the option to secure Certificates of Title under Commonwealth Act No. 141, as amended if exercised within 20 years from approval of the Act (Rule III, Part III, Section 3).
Under IPRA Section 12, ancestral lands individually owned and actually used continuously by ICCs/IPs for at least 30 years for agricultural, residential, pasture, or tree farming purposes—including areas with slope of more than 18 degrees—are classified as alienable and disposable agricultural lands and may be titled under Commonwealth Act No. 141, as amended (Rule III, Part III, Section 3).
Ancestral lands within ancestral domains remain an integral part of the domains and may be transferred or encumbered only subject to customary laws and traditions of the community where located (Rule III, Part III, Section 3).

Responsibilities and ecological protection

ICCs/IPs must formulate and implement systems to protect and conserve flora/fauna, watershed areas, sacred places, and ritual/ecological objects to preserve, restore, and maintain balanced ecology within ancestral domains (Rule III, Part IV, Section 1).
Sustainable indigenous agriculture must be encouraged while mono-cropping must be discouraged to ensure biological diversity (Rule III, Part IV, Section 1).
ICCs/IPs must establish their own institutions, systems, and standards for protecting natural resources, considering national standards as minimum and allowing stricter standards (Rule III, Part IV, Section 1).
Government must authorize ICCs/IPs through appropriate issuance to apprehend and prosecute persons violating environmental and natural resources laws within ancestral domains in accordance with Section 72 of the Act (Rule III, Part IV, Section 1).
ICCs/IPs have access to government funds earmarked for environmental protection relating to their domains; the NCIP must negotiate and enter agreements to transfer appropriated funds to concerned indigenous peoples’ communities through the NCIP (Rule III, Part IV, Section 1).
ICCs/IPs may secure funds on their own initiative from other local and foreign sources for environmental purposes (Rule III, Part IV, Section 1).
Concerned ICCs/IPs, collaborating with appropriate government agencies, must restore denuded areas within ancestral domains (Rule III, Part IV, Section 2).
Where denudation is caused by identified natural resource licensees, ICCs/IPs through the NCIP must represent to the appropriate government agency for enforcement of licensees’ reforestation obligation; if licensees fail, the government agency must execute the bond and apply it in favor of ICCs/IPs without prejudice to compensation for damages to eco-systems (Rule III, Part IV, Section 2).
ICCs/IPs through their Peoples’ Organizations develop their own reforestation systems ensuring application of IKSPs and customary laws and promotion/propagation of indigenous species and ecologically important species; all such projects are integral and communally owned (Rule III, Part IV, Section 2).
Management of existing government reforestation projects within ancestral domains must be transferred to the NCIP through execution of appropriate instruments; the NCIP then executes Memoranda of Agreement with concerned ICCs/IPs for implementation (Rule III, Part IV, Section 2).
ICCs/IPs must adhere to the letter, spirit, and intent of the Act when maintaining ecological balance and restoring denuded areas (Rule III, Part IV, Section 3).

Self-governance, leadership, and representation

ICCs/IPs must coordinate with the Department of the Interior and Local Government through the NCIP to formulate measures to (i) strengthen socio-political structures, (ii) ensure indigenous governance is not supplanted by non-indigenous governance, and/or (iii) establish mechanisms interfacing indigenous governance with national systems (Rule IV, Part I, Section 1).
ICCs/IPs concerned have the sole power to authenticate indigenous leadership titles and certificates of tribal membership, including the sole right to confer leadership titles according to customary laws and practices (Rule IV, Part I, Section 2(a)).
ICCs/IPs may submit lists of recognized leaders and titles to the NCIP; NCIP field offices conduct validation and maintain a national directory (Rule IV, Part I, Section 2(b)).
Only recognized registered leaders may issue certificates of tribal membership, which must be confirmed by the NCIP based on census and records and are effective only for the purpose issued (Rule IV, Part I, Section 2(c)).
Certificates of tribal membership previously issued under Executive Order No. 122-B and 122-C, as amended, must be validated by ICCs/IPs per their process and endorsed to NCIP for confirmation and recording (Rule IV, Part I, Section 2(c)).
The NCIP must support initiatives, projects, and activities strengthening indigenous socio-political and leadership systems (Rule IV, Part I, Section 3).
ICCs/IPs may use traditional justice systems and peace-building processes oriented to settlements, reconciliation, and healing in conflicts involving IP individuals and/or IP communities, consistent with national laws and accepted international human rights (Rule IV, Part I, Section 4).
The NCIP must assist ICCs/IPs in documenting cases resolved under indigenous justice mechanisms and peace-building processes for future reference (Rule IV, Part I, Section 4).
Autonomous regions created under the 1987 Constitution must be strengthened and supported by the State according to requirements and needs, following self-governance and cultural integrity principles (Rule IV, Part I, Section 5).
ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras must use forms and content of ways of life compatible with fundamental rights in the 1987 Constitution and other internationally recognized human rights (Rule IV, Part I, Section 5).
ICCs/IPs must be provided mandatory representation in all policy-making bodies and in local legislative councils, with representation proportionate to population and with the same privileges as regular members (Rule IV, Part I, Section 6).
ICC/IP representatives must be qualified and chosen by their own communities under a process determined by them; NCIP in close coordination with DILG must come up with measures ensuring full participation and provide technical assistance for representatives’ knowledge and interfacing skills (Rule IV, Part I, Section 6).
ICCs/IPs ancestral domains are the foundation of their right to self-determination; ICCs/IPs must decide priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and lands they own/occupy/use, and must participate in formulation, implementation, and evaluation of plans/policies/programs for national/regional/local development that may affect them (Rule IV, Part I, Section 7).
NCIP must take special measures guaranteeing ICCs/IPs right to pursue economic, social, and cultural development by their own choice and pace and ensure economic opportunities created by government extend to them based on freedom of initiative and self-reliance (Rule IV, Part I, Section 7).
ICCs/IPs in contiguous areas where they form the majority may form or constitute a separate barangay under the Local Government Code; NCIP with DILG must formulate measures implementing the Equivalent Free Voting Procedure to recognize indigenous political systems and governance (Rule IV, Part I, Section 8).
NCIP must undertake studies and propose legislative measures ensuring applicability of traditional socio-political structures and processes for local governance in ancestral domains/lands and geographic areas occupied by ICCs/IPs (Rule IV, Part I, Section 8).

Peoples organizations and NGO accreditation

NCIP must recognize the vital role of Indigenous Peoples Organizations (IPOs) as autonomous partners in development and must support development and empowerment of indigenous peoples organizations and associations to pursue and protect legitimate collective interests and aspirations (Rule IV, Part II, Section 1).
NCIP, in consultation with IPOs, must prepare culture-sensitive guidelines for strengthening members’ capabilities covering awareness of IPRA and its IRR, holistic sustainable development, research/documentation and elders’ testimonies, community organization and leadership, IKSPs, conflict resolution and peace-building, project management, and networking/work partnerships (Rule IV, Part II, Section 1(a)-(h)).
IPOs may register with the NCIP to acquire legal personality by filing with the concerned NCIP Provincial Office with required attachments: NCIP registration form; list of officers/leaders; petition/resolution signed by authorized officers/members; list of authorized PO representatives; organization vision/mission/goals/objectives and programs/plans/membership policies; written accounts of decision-making; written commitment to recognize and assert customary laws and consensus decision-making; and genealogical surveys (Rule IV, Part II, Section 2(a)-(h)).
The NCIP Provincial Officer must evaluate and field-validate IPO authenticity and submit a report to the NCIP Regional Director, who must issue the Certificate of Registration within 15 days (Rule IV, Part II, Section 2).
The NCIP Regional Director must furnish the National Office updated lists of organizations registered (Rule IV, Part II, Section 2).
Registered IPOs and accredited NGOs must annually submit to NCIP Field Offices: change of officers/leaders; financial and accomplishment reports; and changes in programs/projects/activities (Rule IV, Part II, Section 3).
NGOs intending to operate or already operating within ancestral domains must be accredited by the NCIP Regional Office where the NGO operates, by submitting: duly accomplished accreditation form; SEC (or other agency) registration certified copy; organizational structure and officers; organization vision/mission/goals/objectives and programs/plans/membership policies; and written historical track record (Rule IV, Part II, Section 4(a)-(e)).
NGO accreditation must be renewable every two (2) years (Rule IV, Part II, Section 4).
NCIP may suspend or revoke IPO registration or NGO accreditation on grounds including unauthorized negotiation relative to land development/use/extraction/harvest/exploitation of natural resources; misrepresentation and agreements/compromises detriment to the community; accepting bribery in exchange of favors; loss of trust and confidence of community members; violation of customary processes and collective decision-making; and other analogous circumstances (Rule IV, Part II, Section 5(a)-(f)).
Cancellation proceedings are initiated by complaint with the NCIP Regional Office, which hears and decides, and if warranted orders cancellation; the Regional Office decision may be appealed to the Commission (Rule IV, Part II, Section 5).
NCIP must establish a database indexing and monitoring all registered IPOs (Rule IV, Part II, Section 5).

Free, prior informed consent (FPIC) rules

Free and Prior Informed Consent is the instrument enabling ICCs/IPs to exercise their right to self-determination against policies/plans/projects adopted within ancestral domains without consent that lead to disenfranchisement and marginalization (Rule IV, Part III, Section 1).
FPIC provisions apply generally to all provisions of IPRA and these rules requiring ICCs/IPs’ Free and Prior Informed Consent (Rule IV, Part III, Section 2).
ICCs/IPs within communities must determine for themselves policies, development programs, projects, and plans to meet identified priority needs/concerns, and have the right to accept or reject development interventions (Rule IV, Part III, Section 3).
Acceptance or rejection is assessed according to ICCs/IPs development framework and value systems for conserving and protecting ancestral domains/lands as a fundamental source of life; kinship/neighbor/tribal relationships rooted in cooperation/sharing/caring; sustainable and traditional agricultural cycles and community livelihood activities; and houses and sacred/burial grounds (Rule IV, Part III, Section 3(a)-(d)).
The scope of ICCs/IPs whose consent is required