Rights Protection for Indigenous Peoples

State policy and constitutional framework

The State recognizes and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of the Constitution and national unity and development.
The State protects ICCs/IPs’ rights to ancestral domains to ensure their economic, social and cultural well-being, and it recognizes the applicability of customary laws in determining ownership and the extent of ancestral domain.
The State recognizes, respects, and protects ICCs/IPs’ rights to preserve and develop their cultures, traditions, and institutions, and the State must consider these rights when formulating national laws and policies.
The State guarantees that ICCs/IPs members, regardless of sex, enjoy the full measure of human rights and freedoms without distinction or discrimination.
The State institutes mechanisms—with ICC/IP participation—to enforce and guarantee realization of these rights, taking into account customs, traditions, values, beliefs, interests, and institutions.

Core definitions and scope concepts

The Act defines “Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)” as groups identified by self-ascription and ascription by others that have continuously lived as organized communities on communally bounded and defined territories, under claims of ownership since time immemorial, with shared bonds of language, customs, traditions, and distinctive traits; it likewise includes peoples indigenous by descent and those historically differentiated, including those displaced or resettled outside their ancestral domains.
The Act defines “Ancestral Domains” as all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs (communally or individually) from time immemorial to the present, except when interrupted by war, force majeure, or displacement by force, deceit, stealth, or as a consequence of government projects, or other voluntary dealings with government and private individuals/corporations; it includes ancestral lands/forests/pasture/residential/agricultural and other lands (including alienable and disposable or otherwise), hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands traditionally accessed even if no longer exclusively occupied.
The Act defines “Ancestral Lands” as land occupied, possessed and utilized by individual, families and clans members of ICCs/IPs since time immemorial under claims of individual or traditional group ownership, continuously to the present except when interrupted by the same enumerated exceptions.
The Act defines “Free and Prior Informed Consent” as consensus of all ICCs/IPs members determined under customary laws and practices, free from external manipulation, interference and coercion, and obtained after fully disclosing intent and scope of the activity in a language and process understandable to the community.
The Act defines “National Commission on Indigenous Peoples (NCIP)” as the office created under the Act, under the Office of the President, as the primary government agency responsible for formulation and implementation of policies, plans, and programs to recognize, protect and promote ICCs/IP rights.
The Act defines “Certificate of Ancestral Domain Title (CADT)” and “Certificate of Ancestral Lands Title” as formal titles recognizing ICCs/IP rights over ancestral domains/ancestral lands delineated under the Act.
The Act defines “Native Title” as pre-conquest rights to lands and domains held under a claim of private ownership by ICCs/IPs that have never been public lands, presumed held since before the Spanish Conquest.

Rights to ancestral domains and ancestral lands

The Act recognizes and protects the ownership and possession rights of ICCs/IPs to their ancestral domains, including right of ownership to claim ownership over lands, bodies of water traditionally and actually occupied, sacred places, traditional hunting and fishing grounds, and all improvements made within domains.
ICCs/IPs have the right to develop lands and natural resources within their territories—subject to Section 56—including the right to control and use lands and territories traditionally occupied, owned, or used; manage and conserve natural resources; benefit and share profits from allocation and utilization; negotiate terms and conditions for exploration for ecological/environmental protection and conservation measures pursuant to national and customary laws; have informed and intelligent participation in formulation and implementation of projects that affect ancestral domains; receive just and fair compensation for damages; and obtain effective government measures preventing interference, alienation, and encroachment.
ICCs/IPs have the right to stay in their territories and are not relocated without their Free and Prior Informed Consent, and not through any means other than eminent domain; relocation as an exceptional measure requires Free and Prior Informed Consent and—whenever possible—guarantees the right to return once grounds for relocation cease to exist.
If return is not possible, ICCs/IPs must be provided lands of quality and legal status at least equal to their previously occupied land, suitable for present needs and future development, and persons relocated must be fully compensated for resulting loss or injury.
ICCs/IPs have the right in case of displacement due to natural catastrophes: the State endeavors to resettle displaced ICCs/IPs in suitable areas with temporary life support systems; displaced ICCs/IPs retain the right to return to abandoned lands until normalcy and safety are determined; if ancestral domains cease to exist and normalcy/safety of previous settlements are not possible, displaced ICCs/IPs enjoy security of tenure over resettlement lands; basic services and livelihood must be provided.
ICCs/IPs have the right to regulate the entry of migrant settlers and organizations into their domains.
ICCs/IPs have the right to safe and clean air and water, including access to integrated systems for management of inland waters and air space.
ICCs/IPs have the right to claim parts of reservations within ancestral domains except those reserved and intended for common and public welfare and service.
ICCs/IPs have the right to resolve land conflicts in accordance with customary laws of the area where the land is located, and only in default shall complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary.
The Act recognizes and protects ownership and possession rights of ICCs/IPs to their ancestral lands.
ICCs/IPs’ right to ownership and possession of ancestral lands includes the right to transfer land/property rights to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community.
ICCs/IPs have a right of redemption: if transfer of land/property rights by agreement or devise to a non-member is tainted by vitiated consent of ICCs/IPs, or transferred for an unconscionable consideration or price, the transferor ICC/IP has the right to redeem within a period not exceeding fifteen (15) years from the date of transfer.

Responsibilities, intrusion, and recognition mechanisms

ICCs/IPs occupying a duly certified ancestral domain must maintain ecological balance by protecting flora and fauna, watersheds, and other reserves.
ICCs/IPs must restore denuded areas by actively initiating, undertaking, and participating in reforestation and other development programs subject to just and reasonable remuneration.
ICCs/IPs must observe and comply with provisions of the Act and implementing rules.
Unauthorized and unlawful intrusion upon or use of any portion of ancestral domain, or violation of rights enumerated in the Act, is punishable under the law.
The Government must prevent non-ICCs/IPs from taking advantage of ICCs/IPs’ customs or lack of understanding of laws to secure ownership or possession of land belonging to ICCs/IPs.
ICCs/IPs’ ancestral domain rights by virtue of Native Title are recognized and respected; formal recognition must be embodied in a Certificate of Ancestral Domain Title (CADT) when solicited by the ICCs/IPs concerned.
The Act establishes an option for individual members to secure title under Commonwealth Act 141 (as amended) or Land Registration Act 496 for individually-owned ancestral lands that meet continuous possession/occupation “in the concept of owner” since time immemorial or for not less than thirty (30) years immediately preceding approval of the Act, and that are uncontested by members of the same ICCs/IPs.
Individually-owned ancestral lands that are agricultural in character and actually used for agricultural, residential, pasture, and tree-farming purposes, including those with a slope of eighteen percent (18%) or more, are classified as alienable and disposable agricultural lands for the purpose of that option.
The option must be exercised within twenty (20) years from the approval of the Act.

Self-governance, empowerment, and participation rights

The State recognizes ICCs/IPs’ inherent right to self-governance and self-determination and guarantees their right to freely pursue economic, social and cultural development.
The State strengthens and supports autonomous regions created under the Constitution and encourages other ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras to use compatible ways of life compatible with the fundamental rights in the Constitution and other internationally recognized human rights.
ICCs/IPs have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace-building processes or mechanisms, and other customary laws and practices within communities, compatible with the national legal system and internationally recognized human rights.
ICCs/IPs have the right to participate fully, if they choose, at all levels of decision-making in matters affecting their rights, lives and destinies through procedures determined by them, and to maintain and develop their own indigenous political structures.
The State must ensure ICCs/IPs are given mandatory representation in policy-making bodies and other local legislative councils.
ICCs/IPs may determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and lands they own, occupy or use, and they must participate in the formulation, implementation and evaluation of national, regional and local development policies, plans and programs that directly affect them.
ICCs/IPs living in contiguous areas where they form the predominant population, but located in municipalities/provinces/cities where they do not constitute the majority of the population, may form or constitute a separate barangay under the Local Government Code rules on creation of tribal barangays.
The State recognizes and respects the role of independent ICC/IP organizations to pursue and protect legitimate and collective interests and aspirations through peaceful and lawful means.
The Government must establish means for the full development/empowerment of ICCs/IPs’ institutions and initiatives and provide resources needed where necessary.

Social justice, human rights, and education

The State accords ICCs/IPs rights, protections and privileges enjoyed by the rest of the citizenry, with due recognition of distinct characteristics and identity, consistent with the Constitution’s equal protection clause and international human rights instruments.
The State extends the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of society.
The State ensures employment involving any form of force or coercion against ICCs/IPs is dealt with by law.
No provision in the Act is interpreted to result in diminution of rights and privileges already recognized and accorded to women under existing laws of general application.
ICCs/IPs have special protection and security in periods of armed conflict; the State observes international standards including the Fourth Geneva Convention of 1949 for civilian protection in emergencies and armed conflict.
The State must not recruit members of ICCs/IPs against their will into the armed forces and must not recruit indigenous children of ICCs/IPs under any circumstance.
The State must not force indigenous individuals to abandon their lands, territories and means of subsistence or relocate them in special military centers under any discriminatory condition.
ICCs/IPs have the right to be free from discrimination in recruitment and conditions of employment so they may enjoy equal opportunities for admission to employment, medical and social assistance, safety and other occupationally-related benefits, be informed of rights under existing labor legislation and means for redress, and not be subject to coercive recruitment systems including bonded labor and debt servitude.
ICCs/IPs must receive equal treatment in employment for men and women, including protection from sexual harassment.
ICCs/IPs have the right to association and freedom for trade union activities and the right to conclude collective bargaining agreements with employers’ organizations.
ICCs/IPs have the right not to be subject to working conditions hazardous to their health, particularly through exposure to pesticides and other toxic substances.
It is unlawful to discriminate against any ICC/IP with respect to terms and conditions of employment on account of descent, and equal remuneration must be paid to ICC/IP and non-ICC/IP for work of equal value.
It is unlawful to deny an ICC/IP employee any right or benefit under the Act or discharge them to prevent enjoyment of any rights or benefits under the Act.
ICCs/IPs have rights to special measures for immediate, effective and continuing improvement of economic and social conditions, including employment, vocational training and retraining, housing, sanitation, health, and social security.
The State guarantees the right to basic government services including water and electrical facilities, education, health and infrastructure, and it must pay particular attention to indigenous women, elderly, youth, children, and differently-abled persons.
Indigenous women have equal rights and opportunities with men in social, economic, political, and cultural spheres, and the participation of indigenous women in decision-making is recognized.
The State provides full access to education, maternal and child care, health and nutrition, and housing services to indigenous women; provides vocational/technical/professional and other training; and ensures indigenous women access to services in their own languages as far as possible.
The State promotes and protects physical, moral, spiritual, intellectual and social well-being of ICC/IP children and youth and supports government programs for their development and rearing; it establishes mechanisms for protection of indigenous children and youth rights.
The State, through the NCIP, provides a complete, adequate and integrated system of education relevant to the needs of ICC/IP children and young people.

Cultural integrity and sacred protections

The State respects, recognizes and protects ICCs/IPs’ right to preserve and protect their culture, traditions and institutions and must consider these rights in national plans and policies.
The State provides equal access to cultural opportunities through the educational system and through public/private cultural entities, scholarships, grants and other incentives, without prejudice to ICC/IPs’ right to establish and control educational systems and institutions using their own language and in culturally appropriate teaching and learning methods.
Indigenous children/youth have the right to all levels and forms of State education.
The State endeavors to reflect dignity and diversity of ICC/IP cultures, traditions, histories and aspirations in education, public information, and cultural-educational exchange.
The Government takes effective measures, in consultation with ICCs/IPs, to eliminate prejudice and discrimination and promote tolerance, understanding and good relations among ICCs/IPs and all segments of society.
The Government ensures State-owned media reflect indigenous cultural diversity and ensures participation of appropriate indigenous leaders in schools, communities and international cooperative undertakings such as festivals, conferences, seminars and workshops.
ICCs/IPs have the right to practice and revitalize cultural traditions and customs; the State preserves, protects and develops past, present and future manifestations of their cultures and provides for restitution of cultural, intellectual, religious, and spiritual property taken without Free and Prior Informed Consent or in violation of ICCs/IPs laws, traditions and customs.
ICCs/IPs have the right to manifest, practice, develop and teach spiritual and religious traditions, customs and ceremonies; maintain, protect and access religious and cultural sites; use and control ceremonial objects; and obtain repatriation of human remains.
It is unlawful to explore, excavate or make diggings on archaeological sites of ICCs/IPs for obtaining materials of cultural values without the Free and Prior Informed Consent of the community concerned.
It is unlawful to deface, remove or otherwise destroy artifacts of great importance to ICCs/IPs for preservation of cultural heritage.
ICCs/IPs have recognized full ownership, control, and protection of cultural and intellectual rights, and they have the right to special measures controlling, developing and protecting sciences, technologies and cultural manifestations, including human and other genetic resources, seeds (including derivatives), traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.
Access to biological and genetic resources and to indigenous knowledge related to conservation, utilization and enhancement is allowed within ancestral lands and domains only with Free and Prior Informed Consent of the communities obtained in accordance with customary laws.
The State recognizes the right to sustainable agro-technological development and formulates and implements programs of action for effective implementation; it promotes bio-genetic and resource management systems and encourages cooperation among government agencies.
ICCs/IPs have the right to receive from the national government funds earmarked for management and preservation of archaeological and historical sites and artifacts, with financial and technical support from national government agencies.

NCIP creation, composition, and functions

The National Commission on Indigenous Peoples (NCIP) is created as the primary government agency under the Office of the President to formulate and implement policies, plans and programs promoting and protecting ICCs/IP rights and well-being and the recognition of ancestral domains and rights thereto.
The NCIP must protect and promote interests and well-being of ICCs/IPs with due regard to their beliefs, customs, traditions and institutions.
The NCIP is independent and composed of seven (7) Commissioners, who are members of ICCs/IPs, with one (1) as Chairperson; Commissioners are appointed by the President from a list of recommendees submitted by authentic ICCs/IPs.
Commissioners must be appointed specifically from ethnographic areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao.
At least two (2) of the seven Commissioners must be women.
The Chairperson and the six Commissioners must be natural born Filipino citizens; bona fide members of ICCs/IPs certified by their tribe; experienced in ethnic affairs and have worked for at least ten (10) years with an ICC/IP community and/or any government agency involved in ICC/IP; at least 35 years of age at appointment; and have proven honesty and integrity.
At least two (2) of the seven Commissioners must be members of the Philippine Bar.
Members hold office for three (3) years and may be re-appointed for another term; no person serves for more than two (2) terms; any vacancy appointment is only for the unexpired term and no temporary or acting appointment/designation is allowed.
The Chairperson and Commissioners receive compensation under the Salary Standardization Law.
Any NCIP member may be removed by the President for cause before term expiration after compliance with due process requirements of law, either on the President’s initiative or upon recommendation by an indigenous community.
The President appoints the seven Commissioners within ninety (90) days from the effectivity of the Act.
The NCIP must serve as the primary channel through which ICCs/IPs seek government assistance and as the medium through which assistance is extended.
The NCIP must review and assess conditions of ICCs/IPs, including existing laws and policies, and propose relevant laws and policies for their role in national development.
The NCIP must formulate and implement policies, plans, programs and projects for economic, social and cultural development of ICCs/IPs and monitor implementation.
The NCIP may request/engage experts or employ private experts/consultants needed to pursue objectives.
The NCIP issues Certificate of Ancestral Domain Title.
The NCIP may enter contracts/agreements/arrangements with government or private agencies/entities needed to attain objectives, subject to the President’s approval; it may also obtain loans from lending institutions subject to existing laws and Presidential approval.
The NCIP may negotiate funds and accept grants, donations, gifts and/or properties in whatever form and from whatever source, local or international, subject to approval of the President, for the benefit of ICCs/IPs, and administer them per the terms; if no condition, administration must align with ICCs/IPs interests and existing laws.
The NCIP coordinates development programs and projects for ICC/IP advancement and oversees proper implementation.
The NCIP must convene periodic conventions/assemblies of ICCs/IPs to review, assess and propose policies/plans.
The NCIP advises the President on matters relating to ICCs/IPs and submits a report of operations and achievements to the President within sixty (60) days after the close of each calendar year.
The NCIP submits to Congress legislative proposals to carry out Act policies.
The NCIP submits appropriate budget to the Office of the President.
The NCIP issues appropriate certification as a pre-condition to grant of permit, lease, grant, or similar authority for disposition/utilization/management/appropriation by private individuals/corporate entities or any government agency/corporation/subdivision on any portion of ancestral domain, taking into account consensus approval of ICCs/IPs concerned.
The NCIP decides all appeals from decisions and acts of various offices within the Commission.
The NCIP promulgates necessary rules and regulations to implement the Act.
The NCIP represents Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and related concerns.
The NCIP maintains accessibility and transparency: official records, documents, papers on official acts, transactions, decisions, and research data used as basis for Commission policy development are accessible to the public subject to limitations set by law or implementing rules.
The NCIP includes offices for Ancestral Domains; Policy, Planning and Research; Culture, Education and Health; Socio-Economic Services and Special Concerns; Empowerment and Human Rights; Administrative; and Legal Affairs.
The NCIP Legal Affairs Office provides legal assistance in litigation involving community interest and conducts preliminary investigation based on complaints; it initiates appropriate legal/administrative action on the basis of findings.
The NCIP may create additional offices subject to existing rules and regulations.
Existing regional and field offices remain; the NCIP creates other field offices where appropriate; it must establish field offices in provinces with ICCs/IPs but without field offices.
The NCIP creates an Office of the Executive Director as secretariat, headed by an Executive Director appointed by the President upon NCIP recommendation on a permanent basis.
The NCIP creates a consultative body of traditional leaders, elders, and representatives from women and youth sectors from different ICCs/IPs to advise the NCIP.

Delineation, recognition, and CADT/CALT procedures

Self-delineation governs identification and delineation of ancestral domains: ICCs/IPs have a decisive role in all activities.
Sworn statements of elders on scope of territories and agreements/pacts with neighboring ICCs/IPs are essential in determining traditional territories.
The Government identifies lands traditionally occupied by ICCs/IPs and guarantees effective protection of ownership and possession rights.
Measures safeguard rights to land no longer exclusively occupied but traditionally accessed for subsistence and traditional activities, especially for nomadic and/or shifting cultivators.
The delineation process covers ancestral domains through procedures where:
- ICCs/IPs or the NCIP initiates delineation through petition for delineation by a majority of members with consent of the ICC/IP concerned.
- The Ancestral Domains Office immediately undertakes official delineation including census upon filing of application, coordinating with the community with genuine involvement and participation.
- Proof of ancestral domain claims includes testimony of elders or community under oath and documents attesting to possession/occupation since time immemorial in the concept of owners, including any of the enumerated authentic documents: written accounts of customs and traditions; written accounts of political structure/institution; pictures showing long term occupation such as old improvements, burial grounds, sacred places and old villages; historical accounts including pacts and agreements on boundaries; survey plans/sketch maps; anthropological data; genealogical surveys; pictures and descriptions of traditional communal forests and hunting grounds; pictures and descriptions of traditional landmarks (mountains, rivers, creeks, ridges, hills, terraces, etc.); and write-ups of names/places derived from the native dialect.
- On basis of investigation, the Ancestral Domains Office prepares a perimeter map with technical descriptions and description of natural features/landmarks.
- A complete copy of the preliminary census and a report of investigation are prepared by the Ancestral Domains Office.
- Documents (with translation in the native language) are posted in a prominent place for at least fifteen (15) days, posted in NCIP local/provincial/regional offices, and published once a week for two (2) consecutive weeks in a newspaper of general circulation to allow opposition within fifteen (15) days from publication date.
- Where no newspaper exists, broadcasting in a radio station substitutes; where newspaper and radio are unavailable, mere posting suffices.
- Within fifteen (15) days from publication and inspection, the Ancestral Domains Office prepares a report endorsing favorable action if proof is sufficient; it requires additional evidence if insufficient; it rejects patently false or fraudulent claims after inspection and verification.
- If rejected, the Ancestral Domains Office gives due notice with grounds for denial, and denial is appealable to the NCIP.
- In cases of conflicting boundary claims among ICCs/IPs, the Ancestral Domains Office causes contending parties to meet and assist in preliminary resolution without prejudice to full adjudication under the subsequent adjudicatory framework of the Act.
- The Chairperson certifies whether an area is an ancestral domain; government agencies claiming jurisdiction are notified, and such notification terminates any legal basis previously claimed.
- When an ancestral domain is delineated and determined by the NCIP, a CADT is issued in the community’s name containing a list of those identified in the census.
- The NCIP registers issued CADTs and certificates of ancestral lands titles before the Register of Deeds where the property is situated.
Existing delineations are treated as follows: provisions on delineation process do not apply to ancestral domains/lands already delineated under DENR Administrative Order No. 2, series of 1993, nor to ancestral lands/domains delineated under any other community/ancestral domain program prior to enactment; ICCs/IPs with officially delineated ancestral lands/domains may apply for issuance of a CADT over the area without undergoing the delineation process.
Identification and delineation of ancestral lands proceeds through:
- The allocation of lands within any ancestral domain among individual or indigenous corporate (family or clan) claimants is decided by the ICCs/IPs according to customs and traditions.
- Individual or indigenous corporate claimants of ancestral lands not within ancestral domains may have claims established by filing applications for identification and delineation with the Ancestral Domains Office; an individual, recognized family head, or clan head may file in their behalf.
- Proof must accompany applications and includes testimony under oath of elders and other authentic documents attesting possession/occupation since time immemorial in the concept of owners, including tax declarations and proof of payment of taxes.
- The Ancestral Domains Office may require additional documents/sworn statements to shed light on the veracity of the application.
- Upon receipt, the