Law Summary
Definitions Pertinent to Indigenous Peoples and Their Domains
- Ancestral Domains include all areas traditionally occupied by ICCs/IPs comprising lands and natural resources.
- Ancestral Lands refer specifically to lands occupied by individuals or clans continuously from time immemorial.
- Customary Laws refer to traditional rules and practices recognized by ICCs/IPs.
- Free and Prior Informed Consent ensures ICCs/IPs' voluntary agreement without coercion.
- Other key terms include Certificates of Ancestral Domain Title, Indigenous Political Structures, Native Title, and Sustainable Traditional Resource Rights.
Rights Regarding Ancestral Domains
- ICCs/IPs have recognized ownership and possession rights over their ancestral domains.
- Rights include ownership of land and resources, development control, staying in their territories, and regulating migrant entry.
- Protection against forced relocation without free and prior informed consent.
- Rights extend to safe environment, conflict resolution according to customary laws, and claiming parts of reserved lands.
Rights to Ancestral Lands and Transfers
- ICCs/IPs' ownership and possession rights over ancestral lands secured.
- Transfer of land/property rights permitted within the community subject to customary laws.
- Right of redemption within 15 years if transfers to non-members are vitiated by unconscionable terms.
Responsibilities of ICCs/IPs to Their Domains
- Obligated to maintain ecological balance and preserve flora, fauna, and watersheds.
- Duty to participate in reforestation and development projects.
- Comply with the Indigenous Peoples Rights Act and related rules.
Prohibition and Penalization of Unauthorized Intrusion
- Unauthorized use or violation of ancestral domains is punishable.
- Government must prevent exploitation of ICCs/IPs due to lack of legal understanding.
Formal Recognition of Ancestral Domain Rights
- Native Title rights acknowledged formally through Certificate of Ancestral Domain Title (CADT).
- ICCs/IPs with ancestral lands have option to secure individual title under certain Republic Acts within 20 years.
ICCs/IPs Right to Self-Governance and Decision-Making
- Inherent right to self-governance and self-determination respected by the State.
- Right to participate in decisions affecting their lives and maintain indigenous political structures.
- State ensures mandatory representation in policy bodies and local councils.
- Formation of tribal barangays is enabled.
- Support for autonomous regions and peoples' organizations recognized.
Social Justice and Non-Discrimination
- Equal protection and rights in employment, basic services, education, and human rights.
- Special protections during armed conflict, forbidding forced recruitment.
- ICCs/IPs have freedom from discrimination, right to equal employment treatment, and protection especially against coercive labor practices.
- Access to vocational training, housing, health services, with special attention to women, youth, and differently-abled persons.
Cultural Integrity
- Protection and promotion of ICCs/IPs' cultural traditions, institutions, and education systems.
- The State supports ICCs/IPs’ rights to use their languages and cultural practices.
- Recognition of cultural diversity in education, public information, and media.
- Rights to community intellectual property, sacred sites, and religious ceremonies guarded.
- Protection of indigenous knowledge, genetic resources, and sustainable agro-technical development.
National Commission on Indigenous Peoples (NCIP)
- Created as the primary government agency under the President to implement indigenous peoples’ rights.
- Composed of seven Commissioners representing ethnographic regions, with gender and professional qualifications requirements.
- Powers include policy formulation, issuance of ancestral domain titles, coordination of programs, and legal assistance.
- Offices include: Ancestral Domains, Policy and Research, Culture/Education/Health, Socio-Economic Services, Empowerment and Human Rights, Administrative, and Legal Affairs.
- Transparency ensured via public access to official records.
Ancestral Domain Delineation and Certification Process
- Emphasizes self-delineation by ICCs/IPs with decisive community involvement.
- Petition-based process initiated by NCIP or by majority community members.
- Evidentiary requirements include sworn statements of elders, historical documents, maps, and genealogical data.
- Public notices, publication, and opportunity for opposition are mandated.
- Issuance and registration of Certificates of Ancestral Domain Title (CADT) and Certificates of Ancestral Lands Title.
Protection and Management of Natural Resources and Environment
- ICCs/IPs have priority rights on natural resources within ancestral domains.
- Resource development requires community consent and adherence to environmental safeguards.
- Critical ecological areas are protected in partnership with ICCs/IPs.
- Projects affecting ancestral domains require NCIP certification with free and prior informed consent.
Tax Exemption and Temporary Survey Powers
- Lands under CADT exempt from real property taxes except certain commercial uses.
- NCIP may utilize other government survey teams temporarily for delineation.
Conflict Resolution and Jurisdiction
- Customary laws shall be the first recourse for resolving disputes.
- NCIP holds jurisdiction over ICCs/IPs claims after customary remedies are exhausted.
- Decisions of NCIP appealable to Court of Appeals.
- NCIP has quasi-judicial powers including rule-making, administering oaths, summoning witnesses, and contempt authority.
- Courts cannot issue restraining orders against NCIP regarding its functions.
Ancestral Domains Fund
- Special fund created for compensation, delineation, and development, initially funded by PCSO gross income, travel taxes, and other sources.
- NCIP manages fund and may receive donations exempt from taxes.
Penalties
- Unauthorized intrusion and other violations punishable under customary laws with penalties excluding cruel or excessive punishments.
- Imprisonment from 9 months to 12 years or fines between ₱100k to ₱500k or both.
- Liability also extends to corporate officers and public officials with additional penalties including disqualification from public office.
Merger of ONCC and OSCC into NCIP
- Former Offices for Northern and Southern Cultural Communities merged into NCIP.
- Staff restructuring and phase-out of certain positions, with priority reappointment rights for indigenous employees.
- Placement Committee established to oversee staff appointments.
- Transfer of assets, contracts, and records to NCIP.
Final Provisions
- Certain land classifications and rights in Baguio City exempted.
- Budget provisions for initial and continuing implementation.
- NCIP tasked to promulgate implementing rules within 60 days post-appointment.
- This Act does not diminish rights under other laws or international agreements.
- Severability and repeal clauses included.
- Act takes effect 15 days after publication in official gazette or newspapers.