Title
Rights Protection for Indigenous Peoples
Law
Republic Act No. 8371
Decision Date
Oct 29, 1997
The Indigenous Peoples' Rights Act of 1997 is a Philippine law that recognizes and protects the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains, while promoting their cultural preservation and participation in decision-making processes.

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.

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