Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Republic Act No.

8371 October 29, 1997

AN ACT TO R CO!N"# , PROT CT AN$ PRO%OT T& R"!&T' O( "N$"! NO)' C)*T)RA* CO%%)N"T" '+"N$"! NO)' P OP* , CR AT"N! A NAT"ONA* CO%%"''"ON O( "N$"! NO)' P OP* , 'TA,*"'&"N! "%P* % NT"N! % C&AN"'%', APPROPR"AT"N! ()N$' T& R (OR, AN$ (OR OT& R P)RPO' '

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: C&APT R " ! N RA* PRO-"'"ON' 'ection 1. 'hort Title. - This ct shall be !no"n as .The "n/igenous Peoples Rights Act of 1997.. 'ection 2. $ecl0r0tion of 't0te Policies. - The State shall recogni#e and promote all the rights of $ndigenous Cultural Communities%$ndigenous Peoples &$CCs%$Ps' hereunder enumerated "ithin the frame"or! of the Constitution: a' The State shall recogni#e and promote the rights of $CCs%$Ps "ithin the frame"or! of national unity and development( b'The State shall protect the rights of $CCs%$Ps to their ancestral domains to ensure their economic) social and cultural "ell being and shall recogni#e the applicability of customary la"s governing property rights or relations in determining the o"nership and e*tent of ancestral domain(

c' The State shall recogni#e) respect and protect the rights of $CCs%$Ps to preserve and develop their cultures) traditions and institutions+ $t shall consider these rights in the formulation of national la"s and policies( d' The State shall guarantee that members of the $CCs%$Ps regardless of se*) shall e,ually en-oy the full measure of human rights and freedoms "ithout distinctions or discriminations( e' The State shall ta!e measures) "ith the participation of the $CCs%$Ps concerned) to protect their rights and guarantee respect for their cultural integrity) and to ensure that members of the $CCs%$Ps benefit on an e,ual footing from the rights and opportunities "hich national la"s and regulations grant to other members of the population and f' The State recogni#es its obligations to respond to the strong e*pression of the $CCs%$Ps for cultural integrity by assuring ma*imum $CC%$P participation in the direction of education) health) as "ell as other services of $CCs%$Ps) in order to render such services more responsive to the needs and desires of these communities+ To"ards these ends) the State shall institute and establish the necessary mechanisms to enforce and guarantee the reali#ation of these rights) ta!ing into consideration their customs) traditions) values) beliefs) their rights to their ancestral domains+ C&APT R "" $ ("N"T"ON O( T R%' 'ection 3. $efinition of Ter1s. - .or purposes of this follo"ing terms shall mean: ct) the

a' ncestral /omains - Sub-ect to Section 01 hereof) refer to all areas generally belonging to $CCs%$Ps comprising lands)inland "aters) coastal areas) and natural resources therein) held under a claim of o"nership) occupied or possessed by $CCs%$Ps) themselves or through their ancestors) communally or individually

since time immemorial) continuously to the present e*cept "hen interrupted by "ar) force ma-eure or displacement by force) deceit) stealth or as a conse,uence of government pro-ects or any other voluntary dealings entered into by government and private individuals) corporations) and "hich are necessary to ensure their economic) social and cultural "elfare+ $t shall include ancestral land) forests) pasture) residential) agricultural) and other lands individually o"ned "hether alienable and disposable or other"ise) hunting grounds) burial grounds) "orship areas) bodies of "ater) mineral and other natural resources) and lands "hich may no longer be e*clusively occupied by $CCs%$Ps but from "hich their traditionally had access to for their subsistence and traditional activities) particularly the home ranges of $CCs%$Ps "ho are still nomadic and%or shifting cultivators( b' ncestral 2ands - Sub-ect to Section 01 hereof) refers to land occupied) possessed and utili#ed by individuals) families and clans "ho are members of the $CCs%$Ps since time immemorial) by themselves or through their predecessors-in-interest) under claims of individual or traditional group o"nership)continuously) to the present e*cept "hen interrupted by "ar) force ma-eure or displacement by force) deceit) stealth) or as a conse,uence of government pro-ects and other voluntary dealings entered into by government and private individuals%corporations) including) but not limited to) residential lots) rice terraces or paddies) private forests) s"idden farms and tree lots( c' Certificate of ncestral /omain Title - refers to a title formally recogni#ing the rights of possession and o"nership of $CCs%$Ps over their ancestral domains identified and delineated in accordance "ith this la"( d' Certificate of ncestral 2ands Title - refers to a title formally recogni#ing the rights of $CCs%$Ps over their ancestral lands(

e' Communal Claims - refer to claims on land) resources and rights thereon) belonging to the "hole community "ithin a defined territory f' Customary 2a"s - refer to a body of "ritten and%or un"ritten rules) usages) customs and practices traditionally and continually recogni#ed) accepted and observed by respective $CCs%$Ps( g' .ree and Prior $nformed Consent - as used in this ct shall mean the consensus of all members of the $CCs%$Ps to( be determined in accordance "ith their respective customary la"s and practices) free from any e*ternal manipulation) interference and coercion) and obtained after fully disclosing the intent and scope of the activity) in a language an process understandable to the community( h' $ndigenous Cultural Communities%$ndigenous Peoples - refer to a group of people or homogenous societies identified by selfascription and ascription by other) "ho have continuously lived as organi#ed community on communally bounded and defined territory) and "ho have) under claims of o"nership since time immemorial) occupied) possessed customs) tradition and other distinctive cultural traits) or "ho have) through resistance to political) social and cultural inroads of coloni#ation) nonindigenous religions and culture) became historically differentiated from the ma-ority of .ilipinos+ $CCs%$Ps shall li!e"ise include peoples "ho are regarded as indigenous on account of their descent from the populations "hich inhabited the country) at the time of con,uest or coloni#ation) or at the time of inroads of non-indigenous religions and cultures) or the establishment of present state boundaries) "ho retain some or all of their o"n social) economic) cultural and political institutions) but "ho may have been displaced from their traditional domains or "ho may have resettled outside their ancestral domains(

i' $ndigenous Political Structure - refer to organi#ational and cultural leadership systems) institutions) relationships) patterns and processed for decision-ma!ing and participation) identified by $CCs%$Ps such as) but not limited to) Council of 3lders) Council of Timuays) Bodong Holder) or any other tribunal or body of similar nature( -' $ndividual Claims - refer to claims on land and rights thereon "hich have been devolved to individuals) families and clans including) but not limited to) residential lots) rice terraces or paddies and tree lots( !' 4ational Commission on $ndigenous Peoples &4C$P' - refers to the office created under this ct) "hich shall be under the 5ffice of the President) and "hich shall be the primary government agency responsible for the formulation and implementation of policies) plans and programs to recogni#e) protect and promote the rights of $CCs%$Ps( l' 4ative Title - refers to pre-con,uest rights to lands and domains "hich) as far bac! as memory reaches) have been held under a claim of private o"nership by $CCs%$Ps) have never been public lands and are thus indisputably presumed to have been held that "ay since before the Spanish Con,uest( m' 4ongovernment 5rgani#ation - refers to a private) nonprofit voluntary organi#ation that has been organi#ed primarily for the delivery of various services to the $CCs%$Ps and has an established trac! record for effectiveness and acceptability in the community "here it serves( n' People6s 5rgani#ation - refers to a private) nonprofit voluntary organi#ation of members of an $CC%$P "hich is accepted as representative of such $CCs%$Ps( o' Sustainable Traditional Resource Rights - refer to the rights of $CCs%$Ps to sustainably use)manage) protect and conserve a' land) air) "ater) and minerals( b' plants) animals and other

organisms( c' collecting) fishing and hunting grounds( d' sacred sites( and e' other areas of economic) ceremonial and aesthetic value in accordance "ith their indigenous !no"ledge) beliefs) systems and practices( and p' Time $mmemorial - refers to a period of time "hen as far bac! as memory can go) certain $CCs%$Ps are !no"n to have occupied) possessed in the concept of o"ner) and utili#ed a defined territory devolved to them) by operation of customary la" or inherited from their ancestors) in accordance "ith their customs and traditions+ C&APT R """ R"!&T' TO ANC 'TRA* $O%A"N' 'ection 2. Concept of Ancestr0l *0n/s+$o10ins. - ncestral lands%domains shall include such concepts of territories "hich cover not only the physical environment but the total environment including the spiritual and cultural bonds to the area "hich the $CCs%$Ps possess) occupy and use and to "hich they have claims of o"nership+ 'ection 3. "n/igenous Concept of O4nership. - $ndigenous concept of o"nership sustains the vie" that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity+ The indigenous concept of o"nership generally holds that ancestral domains are the $CC6s%$P6s private but community property "hich belongs to all generations and therefore cannot be sold) disposed or destroyed+ $t li!e"ise covers sustainable traditional resource rights+ 'ection 5. Co1position of Ancestr0l *0n/s+$o10ins. ncestral lands and domains shall consist of all areas generally belonging to $CCs%$Ps as referred under Sec+ 7) items &a' and &b' of this ct+ 'ection 7. Rights to Ancestr0l $o10ins. - The rights of o"nership and possession of $CCs%$Ps t their ancestral domains shall be recogni#ed and protected+ Such rights shall include:

a+ Rights of 5"nership+- The right to claim o"nership over lands) bodies of "ater traditionally and actually occupied by $CCs%$Ps) sacred places) traditional hunting and fishing grounds) and all improvements made by them at any time "ithin the domains( b+ Right to /evelop 2ands and 4atural Resources + - Sub-ect to Section 01 hereof) right to develop) control and use lands and territories traditionally occupied) o"ned) or used( to manage and conserve natural resources "ithin the territories and uphold the responsibilities for future generations( to benefit and share the profits from allocation and utili#ation of the natural resources found therein( the right to negotiate the terms and conditions for the e*ploration of natural resources in the areas for the purpose of ensuring ecological) environmental protection and the conservation measures) pursuant to national and customary la"s( the right to an informed and intelligent participation in the formulation and implementation of any pro-ect) government or private) that "ill affect or impact upon the ancestral domains and to receive -ust and fair compensation for any damages "hich they sustain as a result of the pro-ect( and the right to effective measures by the government to prevent any interfere "ith) alienation and encroachment upon these rights( c+ Right to Stay in the Territories- The right to stay in the territory and not be removed therefrom+ 4o $CCs%$Ps "ill be relocated "ithout their free and prior informed consent) nor through any means other than eminent domain+ 8here relocation is considered necessary as an e*ceptional measure) such relocation shall ta!e place only "ith the free and prior informed consent of the $CCs%$Ps concerned and "henever possible) they shall be guaranteed the right to return to their ancestral domains) as soon as the grounds for relocation cease to e*ist+ 8hen such return is not possible) as determined by agreement or through appropriate procedures) $CCs%$Ps shall be provided in all possible cases "ith lands of ,uality and legal status at least e,ual to that of the land

previously occupied by them) suitable to provide for their present needs and future development+ Persons thus relocated shall li!e"ise be fully compensated for any resulting loss or in-ury( d+ Right in Case of /isplacement+ - $n case displacement occurs as a result of natural catastrophes) the State shall endeavor to resettle the displaced $CCs%$Ps in suitable areas "here they can have temporary life support system: Provided) That the displaced $CCs%$Ps shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined: Provided) further) That should their ancestral domain cease to e*ist and normalcy and safety of the previous settlements are not possible) displaced $CCs%$Ps shall en-oy security of tenure over lands to "hich they have been resettled: Provided) furthermore) That basic services and livelihood shall be provided to them to ensure that their needs are ade,uately addressed: e+ Right to Regulate 3ntry of Migrants + - Right to regulate the entry of migrant settlers and organi#ations into the domains( f+ Right to Safe and Clean ir and 8ater+ - .or this purpose) the $CCs%$Ps shall have access to integrated systems for the management of their inland "aters and air space( g+ Right to Claim Parts of Reservations + - The right to claim parts of the ancestral domains "hich have been reserved for various purposes) e*cept those reserved and intended for common and public "elfare and service( and h+ Right to Resolve Conflict+ - Right to resolve land conflicts in accordance "ith customary la"s of the area "here the land is located) and only in default thereof shall the complaints be submitted to amicable settlement and to the Courts of 9ustice "henever necessary+

'ection 8. Rights to Ancestr0l *0n/s. - The right of o"nership and possession of the $CCs%$Ps) to their ancestral lands shall be recogni#ed and protected+ a+ Right to transfer land%property+ - Such right shall include the right to transfer land or property rights to%among members of the same $CCs%$Ps) sub-ect to customary la"s and traditions of the community concerned+ b+ Right to Redemption+ - $n cases "here it is sho"n that the transfer of land%property rights by virtue of any agreement or devise) to a non-member of the concerned $CCs%$Ps is tainted by the vitiated consent of the $CCs%$Ps)or is transferred for an unconscionable consideration or price) the transferor $CC%$P shall have the right to redeem the same "ithin a period not e*ceeding fifteen &:0' years from the date of transfer+ 'ection 9. Responsibilities of "CCs+"Ps to their Ancestr0l $o10ins. - $CCs%$Ps occupying a duly certified ancestral domain shall have the follo"ing responsibilities: a+ Maintain 3cological Balance- To preserve) restore) and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna) "atershed areas) and other reserves( b+ Restore /enuded reas- To actively initiate) underta!e and participate in the reforestation of denuded areas and other development programs and pro-ects sub-ect to -ust and reasonable remuneration( and c+ 5bserve 2a"s- To observe and comply "ith the provisions of this ct and the rules and regulations for its effective implementation+ 'ection 16. )n0uthori7e/ 0n/ )nl04ful "ntrusion. ;nauthori#ed and unla"ful intrusion upon) or use of any portion of the ancestral domain) or any violation of the rights herein before enumerated) shall be punishable under this la"+ .urthermore) the

<overnment shall ta!e measures to prevent non-$CCs%$Ps from ta!ing advantage of the $CCs%$Ps customs or lac! of understanding of la"s to secure o"nership) possession of land belonging to said $CCs%$Ps+ 'ection 11. Recognition of Ancestr0l $o10in Rights . - The rights of $CCs%$Ps to their ancestral domains by virtue of 4ative Title shall be recogni#ed and respected+ .ormal recognition) "hen solicited by $CCs%$Ps concerned) shall be embodied in a Certificate of ncestral /omain Title &C /T') "hich shall recogni#e the title of the concerned $CCs%$Ps over the territories identified and delineated+ 'ection 12. Option to 'ecure Certific0te of Title un/er Co11on4e0lth Act 121, 0s 01en/e/, or the *0n/ Registr0tion Act 295. - $ndividual members of cultural communities) "ith respect to individually-o"ned ancestral lands "ho) by themselves or through their predecessors-in -interest) have been in continuous possession and occupation of the same in the concept of o"ner since the immemorial or for a period of not less than thirty &7=' years immediately preceding the approval of this ct and uncontested by the members of the same $CCs%$Ps shall have the option to secure title to their ancestral lands under the provisions of Common"ealth ct :>:) as amended) or the 2and Registration ct >?1+ .or this purpose) said individually-o"ned ancestral lands) "hich are agricultural in character and actually used for agricultural) residential) pasture) and tree farming purposes) including those "ith a slope of eighteen percent &:@A' or more) are hereby classified as alienable and disposable agricultural lands+ The option granted under this Section shall be e*ercised "ithin t"enty &B=' years from the approval of this ct+ C&APT R "R"!&T TO ' *(8!O- RNANC AN$ %PO9 R% NT 'ection 13. 'elf8!o:ern0nce. - The State recogni#es the inherent right of $CCs%$Ps to self-governance and self-determination and

respects the integrity of their values) practices and institutions+ Conse,uently) the State shall guarantee the right of $CCs%$Ps to freely pursue their economic) social and cultural development+ 'ection 12. 'upport for Autono1ous Regions. - The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may re,uire or need+ The State shall li!e"ise encourage other $CCs%$Ps not included or outside Muslim Mindanao and the Cordillera to use the form and content of their "ays of life as may be compatible "ith the fundamental rights defined in the Constitution of the Republic of the Philippines and other internationally recogni#ed human rights+ 'ection 13. ;ustice '<ste1, Conflict Resolution "nstitutions 0n/ Pe0ce ,uil/ing Processes. - The $CCs%$Ps shall have the right to use their o"n commonly accepted -ustice systems) conflict resolution institutions) peace building processes or mechanisms and other customary la"s and practices "ithin their respective communities and as may be compatible "ith the national legal system and "ith internationally recogni#ed human rights+ 'ection 15. Right to P0rticip0te in $ecision 8%0=ing . - $CCs%$Ps have the right to participate fully) if they so choose) at all levels of decision-ma!ing in matters "hich may affect their rights) lives and destinies through procedures determined by them as "ell as to maintain and develop their o"n indigenous political structures+ Conse,uently) the State shall ensure that the $CCs%$Ps shall be given mandatory representation in policy-ma!ing bodies and other local legislative councils+ 'ection 17. Right to $eter1ine 0n/ $eci/e Priorities for $e:elop1ent. - The $CCs%$Ps shall have the right to determine and decide their o"n priorities for development affecting their lives) beliefs) institutions) spiritual "ell-being) and the lands they o"n) occupy or use+ They shall participate in the formulation)implementation and evaluation of policies) plans and

programs for national) regional and local development "hich may directly affect them+ 'ection 18. Trib0l ,0r0ng0<s. - The $CCs%$Ps living in contiguous areas or communities "here they form the predominant population but "hich are located in municipalities) provinces or cities "here they do not constitute the ma-ority of the population) may form or constitute a separate barangay in accordance "ith the 2ocal <overnment Code on the creation of tribal barangays+ 'ection 19. Role of Peoples Org0ni70tions. - The State shall recogni#e and respect the role of independent $CCs%$Ps organi#ations to enable the $CCs%$Ps to pursue and protect their legitimate and collective interests and aspirations through peaceful and la"ful means+ 'ection 26. %e0ns for $e:elop1ent + 1po4er1ent of "CCs+"Ps. - The <overnment shall establish the means for the full development%empo"erment of the $CCs%$Ps o"n institutions and initiatives and) "here necessary) provide the resources needed therefor+ C&APT R 'OC"A* ;)'T"C AN$ &)%AN R"!&T' 'ection 21. >u0l Protection 0n/ Non8/iscri1in0tion of "CCs+"Ps. - Consistent "ith the e,ual protection clause of the Constitution of the Republic of the Philippines) the Charter of the ;nited 4ations) the ;niversal /eclaration of Human Rights including the Convention on the 3limination of /iscrimination gainst 8omen and $nternational Human Rights 2a") the State shall) "ith due recognition of their distinct characteristics and identity) accord to the members of the $CCs%$Ps the rights) protections and privileges en-oyed by the rest of the citi#enry+ $t shall e*tend to them the same employment rights) opportunities) basic services) educational and other rights and privileges available to every member of the society+ ccordingly) the State shall li!e"ise ensure that the employment of

any form of force of coersion against $CCs%$Ps shall be dealt "ith by la"+ The State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution and relevant international instruments are guaranteed also to indigenous "omen+ To"ards this end) no provision in this ct shall be interpreted so as to result in the diminution of rights and privileges already recogni#ed and accorded to "omen under e*isting la"s of general application+ 'ection 22. Rights /uring Ar1e/ Conflict . - $CCs%$Ps have the right to special protection and security in periods of armed conflict+ The State shall observe international standards) in particular) the .ourth <eneva Convention of :?>?) for the protection of civilian populations in circumstances of emergency and armed conflict) and shall not recruit members of the $CCs%$Ps against their "ill into armed forces) and in particular) for the use against other $CCs%$Ps( not recruit children of $CCs%$Ps into the armed forces under any circumstance( nor force indigenous individuals to abandon their lands) territories and means of subsistence) or relocate them in special centers for military purposes under any discriminatory condition+ 'ection 23. (ree/o1 fro1 $iscri1in0tion 0n/ Right to >u0l Opportunit< 0n/ Tre0t1ent. - $t shall be the right of the $CCs%$Ps to be free from any form of discrimination) "ith respect to recruitment and conditions of employment) such that they may en-oy e,ual opportunities as other occupationally-related benefits) informed of their rights under e*isting labor legislation and of means available to them for redress) not sub-ect to any coercive recruitment systems) including bonded labor and other forms of debt servitude( and e,ual treatment in employment for men and "omen) including the protection from se*ual harassment+ To"ards this end) the State shall "ithin the frame"or! of national la"s and regulations) and in cooperation "ith the $CCs%$Ps concerned) adopt special measures to ensure the effective protection "ith regard

to the recruitment and conditions of employment of persons belonging to these communities) to the e*tent that they are not effectively protected by the la"s applicable to "or!ers in general+ $CCs%$Ps shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements "ith employers6 conditions+ They shall li!e"ise have the right not to be sub-ect to "or!ing conditions ha#ardous to their health) particularly through e*posure to pesticides and other to*ic substances+ 'ection 22. )nl04ful Acts Pert0ining to 1plo<1ent . - $t shall be unla"ful for any person: a+ To discriminate against any $CC%$P "ith respect to the terms and conditions of employment on account of their descent+ 3,ual remuneration shall be paid to $CC%$P and non-$CC%$P for "or! of e,ual value( and b+ To deny any $CC%$P employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from en-oying any of the rights or benefits provided under this ct+ 'ection 23. ,0sic 'er:ices. - The $CC%$P have the right to special measures for the immediate) effective and continuing improvement of their economic and social conditions) including in the areas of employment) vocational training and retraining) housing) sanitation) health and social security+ Particular attention shall be paid to the rights and special needs of indigenous "omen) elderly) youth) children and differently-abled persons+ ccordingly) the State shall guarantee the right of $CCs%$Ps to government 6s basic services "hich shall include) but not limited to "ater and electrical facilities) education) health and infrastructure+ 'ection 25. 9o1en. - $CC%$P "omen shall en-oy e,ual rights and opportunities "ith men) as regards the social) economic) political and cultural spheres of life+ The participation of indigenous "omen in the

decision-ma!ing process in all levels) as "ell as in the development of society) shall be given due respect and recognition+ The State shall provide full access to education) maternal and child care) health and nutrition) and housing services to indigenous "omen+ Cocational) technical) professional and other forms of training shall be provided to enable these "omen to fully participate in all aspects of social life+ s far as possible) the State shall ensure that indigenous "omen have access to all services in their o"n languages+ 'ection 27. Chil/ren 0n/ ?outh. - The State shall recogni#e the vital role of the children and youth of $CCs%$Ps in nation-building and shall promote and protect their physical) moral) spiritual) moral) spiritual) intellectual and social "ell-being+ To"ards this end) the State shall support all government programs intended for the development and rearing of the children and youth of $CCs%$Ps for civic efficiency and establish such mechanisms as may be necessary for the protection of the rights of the indigenous children and youth+ 'ection 28. "ntegr0te/ '<ste1 of /uc0tion. - The State shall) through the 4C$P) provide a complete) ade,uate and integrated system of education) relevant to the needs of the children and Doung people of $CCs%$Ps+ C&APT R -" C)*T)RA* "NT !R"T? 'ection 29. Protection of "n/igenous Culture, tr0/itions 0n/ institutions. - The state shall respect) recogni#e and protect the right of the $CCs%$Ps to preserve and protect their culture) traditions and institutions+ $t shall consider these rights in the formulation of national plans and policies+ 'ection 36. /uc0tion0l '<ste1s. - The State shall provide e,ual access to various cultural opportunities to the $CCs%$Ps through the educational system) public or cultural entities) scholarships) grants and other incentives "ithout pre-udice to their right to establish and control their educational systems and institutions by providing

education in their o"n language) in a manner appropriate to their cultural methods of teaching and learning+ $ndigenous children%youth shall have the right to all levels and forms of education of the State+ 'ection 31. Recognition of Cultur0l $i:ersit<. - The State shall endeavor to have the dignity and diversity of the cultures) traditions) histories and aspirations of the $CCs%$Ps appropriately reflected in all forms of education) public information and cultural-educational e*change+ Conse,uently) the State shall ta!e effective measures) in consultation "ith $CCs%$Ps concerned) to eliminate pre-udice and discrimination and to promote tolerance) understanding and good relations among $CCs%$Ps and all segments of society+ .urthermore) the <overnment shall ta!e effective measures to ensure that Stateo"ned media duly reflect indigenous cultural diversity+ The State shall li!e"ise ensure the participation of appropriate indigenous leaders in schools) communities and international cooperative underta!ings li!e festivals) conferences) seminars and "or!shops to promote and enhance their distinctive heritage and values+ 'ection 32. Co11unit< "ntellectu0l Rights. - $CCs%$Ps have the right to practice and revitali#e their o"n cultural traditions and customs+ The State shall preserve) protect and develop the past) present and future manifestations of their cultures as "ell as the right to the restitution of cultural) intellectual) religious) and spiritual property ta!en "ithout their free and prior informed consent or in violation of their la"s) traditions and customs+ 'ection 33. Rights to Religious, Cultur0l 'ites 0n/ Cere1onies. - $CCs%$Ps shall have the right to manifest) practice) develop teach their spiritual and religious traditions) customs and ceremonies( the right to maintain) protect and have access to their religious and cultural sites( the right to use and control of ceremonial ob-ect( and the right to the repatriation of human remains+ ccordingly) the State shall ta!e effective measures) in cooperation "ith the burial sites) be preserved) respected and protected+ To achieve this purpose) it shall be unla"ful to:

a+ 3*plore) e*cavate or ma!e diggings on archeological sites of the $CCs%$Ps for the purpose of obtaining materials of cultural values "ithout the free and prior informed consent of the community concerned( and b+ /eface) remove or other"ise destroy artifacts "hich are of great importance to the $CCs%$Ps for the preservation of their cultural heritage+ 'ection 32. Right to "n/igenous @no4le/ge '<ste1s 0n/ Pr0ctices 0n/ to $e:elop o4n 'ciences 0n/ Technologies . $CCs%$Ps are entitled to the recognition of the full o"nership and control and protection of their cultural and intellectual rights+ They shall have the right to special measures to control) develop and protect their sciences) technologies and cultural manifestations) including human and other genetic resources) seeds) including derivatives of these resources) traditional medicines and health practices) vital medicinal plants) animals and minerals) indigenous !no"ledge systems and practices) !no"ledge of the properties of fauna and flora) oral traditions) literature) designs) and visual and performing arts+ 'ection 33. Access to ,iologic0l 0n/ !enetic Resources . ccess to biological and genetic resources and to indigenous !no"ledge related to the conservation) utili#ation and enhancement of these resources) shall be allo"ed "ithin ancestral lands and domains of the $CCs%$Ps only "ith a free and prior informed consent of such communities) obtained in accordance "ith customary la"s of the concerned community+ 'ection 35. 'ust0in0ble Agro8Technic0l $e:elop1ent . - The State shall recogni#e the right of $CCs%$Ps to a sustainable agrotechnological development and shall formulate and implement programs of action for its effective implementation+ The State shall li!e"ise promote the bio-genetic and resource management systems among the $CCs%$Ps and shall encourage cooperation among

government agencies to development of $CCs%$Ps+

ensure

the

successful

sustainable

'ection 37. (un/s for Archeologic0l 0n/ &istoric0l 'ites . - The $CCs%$Ps shall have the right to receive from the national government all funds especially earmar!ed or allocated for the management and preservation of their archeological and historical sites and artifacts "ith the financial and technical support of the national government agencies+ C&APT R -"" NAT"ONA* CO%%"''"ON ON "N$"! NO)' P OP* ' ANC"PB 'ection 38. N0tion0l Co11ission on "n/igenous Cultur0l Co11unities +"n/igenous Peoples ANCCPB. - to carry out the policies herein set forth) there shall be created the 4ational Commission on $CCs%$Ps &4C$P') "hich shall be the primary government agency responsible for the formulation and implementation of policies) plans and programs to promote and protect the rights and "ell-being of the $CCs%$Ps and the recognition of their ancestral domains as "ell as their rights thereto+ 'ection 39. %0n/0te. - The 4C$P shall protect and promote the interest and "ell-being of the $CCs%$Ps "ith due regard to their beliefs) customs) traditions and institutions+ 'ection 26. Co1position. - The 4C$P shall be an independent agency under the 5ffice of the President and shall be composed of seven &E' Commissioners belonging to $CCs%$Ps) one &:' of "hom shall be the Chairperson+ The Commissioners shall be appointed by the President of the Philippines from a list of recommendees submitted by authentic $CCs%$Ps: Provided) That the seven &E' Commissioners shall be appointed specifically from each of the follo"ing ethnographic areas: Region $ and the Cordilleras( Region $$( the rest of 2u#on( $sland <roups including Mindoro) Pala"an) Romblon) Panay and the rest of the Cisayas( 4orthern and 8estern Mindanao( Southern and 3astern Mindanao( and Central Mindanao:

Provided) That at least t"o &B' of the seven &E' Commissioners shall be "omen+ 'ection 21. Cu0lific0tions, Tenure, Co1pens0tion. - The Chairperson and the si* &1' Commissioners must be natural born .ilipino citi#ens) bonafide members of $CCs%$Ps as certified by his%her tribe) e*perienced in ethnic affairs and "ho have "or!ed for at least ten &:=' years "ith an $CC%$P community and%or any government agency involved in $CC%$P) at least 70 years of age at the time of appointment) and must be of proven honesty and integrity: Provided) That at least t"o &B' of the seven &E' Commissioners shall be the members of the Philippine Bar: Provided) further) That the members of the 4C$P shall hold office for a period of three &7' years) and may be sub-ect to re-appointment for another term: Provided) furthermore) That no person shall serve for more than t"o &B' terms+ ppointment to any vacancy shall only be for the une*pired term of the predecessor and in no case shall a member be appointed or designated in a temporary or acting capacity: Provided) finally) That the Chairperson and the Commissioners shall be entitled to compensation in accordance "ith the Salary Standardi#ation 2a"+ 'ection 22. Re1o:0l fro1 Office. - ny member of the 4C$P may be removed from office by the President) on his o"n initiative or upon recommendation by any indigenous community) before the e*piration of his term for cause and after complying "ith due process re,uirement of la"+ 'ection 23. Appoint1ent of Co11issioners. - The President shall appoint the seven &E' Commissioners of the 4C$P "ithin ninety &?=' days from the effectivity of this ct+ 'ection 22. Po4ers 0n/ (unctions. - To accomplish its mandate) the 4C$P shall have the follo"ing po"ers) -urisdiction and function: a' To serve as the primary government agency through "hich $CCs%$Ps can see! government assistance and as the medium) thorough "hich such assistance may be e*tended(

b' To revie" and assess the conditions of $CCs%$Ps including e*isting la"s and policies pertinent thereto and to propose relevant la"s and policies to address their role in national development( c' To formulate and implement policies) plans) programs and pro-ects for the economic) social and cultural development of the $CCs%$Ps and to monitor the implementation thereof( d' To re,uest and engage the services and support of e*perts from other agencies of government or employ private e*perts and consultants as may be re,uired in the pursuit of its ob-ectives( e' To issue certificate of ancestral land%domain title( f' Sub-ect to e*isting la"s) to enter into contracts) agreements) or arrangement) "ith government or private agencies or entities as may be necessary to attain the ob-ectives of this ct) and sub-ect to the approval of the President) to obtain loans from government lending institutions and other lending institutions to finance its programs( g' To negotiate for funds and to accept grants) donations) gifts and%or properties in "hatever form and from "hatever source) local and international) sub-ect to the approval of the President of the Philippines) for the benefit of $CCs%$Ps and administer the same in accordance "ith the terms thereof( or in the absence of any condition) in such manner consistent "ith the interest of $CCs%$Ps as "ell as e*isting la"s( h' To coordinate development programs and pro-ects for the advancement of the $CCs%$Ps and to oversee the proper implementation thereof( i' To convene periodic conventions or assemblies of $Ps to revie") assess as "ell as propose policies or plans(

-' To advise the President of the Philippines on all matters relating to the $CCs%$Ps and to submit "ithin si*ty &1=' days after the close of each calendar year) a report of its operations and achievements( !' To submit to Congress appropriate legislative proposals intended to carry out the policies under this ct( l' To prepare and submit the appropriate budget to the 5ffice of the President( m' To issue appropriate certification as a pre-condition to the grant of permit) lease) grant) or any other similar authority for the disposition) utili#ation) management and appropriation by any private individual) corporate entity or any government agency) corporation or subdivision thereof on any part or portion of the ancestral domain ta!ing into consideration the consensus approval of the $CCs%$Ps concerned( n' To decide all appeals from the decisions and acts of all the various offices "ithin the Commission: o' To promulgate the necessary rules and regulations for the implementation of this ct( p' To e*ercise such other po"ers and functions as may be directed by the President of the Republic of the Philippines( and ,' To represent the Philippine $CCs%$Ps in all international conferences and conventions dealing "ith indigenous peoples and other related concerns+ 'ection 23. Accessibilit< 0n/ Tr0nsp0renc< . - Sub-ect to such limitations as may be provided by la" or by rules and regulations promulgated pursuant thereto) all official records) documents and papers pertaining to official acts) transactions or decisions) as "ell as research data used as basis for policy development of the Commission shall be made accessible to the public+

'ection 25. Officers 4ithin the NC"P. - The 4C$P shall have the follo"ing offices "hich shall be responsible for the implementation of the policies herein after provided: a+ ncestral /omains 5ffice - The ncestral /omain 5ffice shall be responsible for the identification) delineation and recognition of ancestral land%domains+ $t shall also be responsible for the management of ancestral lands%domains in accordance "ith the master plans as "ell as the implementation of the ancestral domain rights of the $CCs%$Ps as provided in Chapter $$$ of this ct+ $t shall also issue) upon the free and prior informed consent of the $CCs%$Ps concerned) certification prior to the grant of any license) lease or permit for the e*ploitation of natural resources affecting the interests of $CCs%$Ps in protecting the territorial integrity of all ancestral domains+ $t shall li!e"ise perform such other functions as the Commission may deem appropriate and necessary( b+ 5ffice on Policy) Planning and Research - The 5ffice on Policy) Planning and Research shall be responsible for the formulation of appropriate policies and programs for $CCs%$Ps such as) but not limited to) the development of a .ive-Dear Master Plan for the $CCs%$Ps+ Such plan shall undergo a process such that every five years) the Commission shall endeavor to assess the plan and ma!e ramifications in accordance "ith the changing situations+ The 5ffice shall also underta!e the documentation of customary la" and shall establish and maintain a Research Center that "ould serve as a depository of ethnographic information for monitoring) evaluation and policy formulation+ $t shall assist the legislative branch of the national government in the formulation of appropriate legislation benefiting $CCs%$Ps+ c+ 5ffice of 3ducation) Culture and Health - The 5ffice on Culture) 3ducation and Health shall be responsible for the effective implementation of the education) cultural and related rights as provided in this ct+ $t shall assist) promote and support

community schools) both formal and non-formal) for the benefit of the local indigenous community) especially in areas "here e*isting educational facilities are not accessible to members of the indigenous group+ $t shall administer all scholarship programs and other educational rights intended for $CC%$P beneficiaries in coordination "ith the /epartment of 3ducation) Culture and Sports and the Commission on Higher 3ducation+ $t shall underta!e) "ithin the limits of available appropriation) a special program "hich includes language and vocational training) public health and family assistance program and related sub-ects+ $t shall also identify $CCs%$Ps "ith potential training in the health profession and encourage and assist them to enroll in schools of medicine) nursing) physical therapy and other allied courses pertaining to the health profession+ To"ards this end) the 4C$P shall deploy a representative in each of the said offices "ho shall personally perform the foregoing tas! and "ho shall receive complaints from the $CCs%$Ps and compel action from appropriate agency+ $t shall also monitor the activities of the 4ational Museum and other similar government agencies generally intended to manage and preserve historical and archeological artifacts of the $CCs %$Ps and shall be responsible for the implementation of such other functions as the 4C$P may deem appropriate and necessary( d+ 5ffice on Socio-3conomic Services and Special Concerns - The 5ffice on Socio-3conomic Services and Special Concerns shall serve as the 5ffice through "hich the 4C$P shall coordinate "ith pertinent government agencies specially charged "ith the implementation of various basic socio-economic services) policies) plans and programs affecting the $CCs%$Ps to ensure that the same are properly and directly en-oyed by them+ $t shall also be responsible for such other functions as the 4C$P may deem appropriate and necessary(

e+ 5ffice of 3mpo"erment and Human Rights - The 5ffice of 3mpo"erment and Human Rights shall ensure that indigenous socio- political) cultural and economic rights are respected and recogni#ed+ $t shall ensure that capacity building mechanisms are instituted and $CCs%$Ps are afforded every opportunity) if they so choose) to participate in all level decision-ma!ing+ $t shall li!e"ise ensure that the basic human rights) and such other rights as the 4C$P may determine) sub-ect to e*isting la"s) rules and regulations are protected and promoted( f+ dministrative 5ffice - The dministrative 5ffice shall provide the 4C$P "ith economical) efficient and effective services pertaining to personnel) finance) records) e,uipment) security) supplies) and related services+ $t shall also administer the ncestral /omains .und( and g+ 2egal ffairs 5ffice - There shall be a 2egal ffairs 5ffice "hich shall advice the 4C$P on all legal matters concerning $CCs%$Ps and "hich shall be responsible for providing $CCs%$Ps "ith legal assistance in litigation involving community interest+ $t shall conduct preliminary investigation on the basis of complaints filed by the $CCs%$Ps against a natural or -uridical person believed to have violated $CCs%$Ps rights+ 5n the basis of its findings) it shall initiate the filing of appropriate legal or administrative action to the 4C$P+ 'ection 27. Other Offices. - The 4C$P shall have the po"er to create additional offices as it may deem necessary sub-ect to e*isting rules and regulations+ 'ection 28. Region0l 0n/ (iel/ Offices. - 3*isting regional and field offices shall remain to function under the strengthened organi#ational structure of the 4C$P+ 5ther field office shall be created "herever appropriate and the staffing pattern thereof shall be determined by the 4C$P: Provided) That in provinces "here there are

$CCs%$Ps but "ithout field offices) the 4C$P shall establish field offices in said provinces+ 'ection 29. Office of the Decuti:e $irector . - The 4C$P shall create the 5ffice of the 3*ecutive /irector "hich shall serve as its secretariat+ The office shall be headed by an 3*ecutive /irector "ho shall be appointed by the President of the Republic of the Philippines upon the recommendation of the 4C$P on a permanent basis+ The staffing pattern of the office shall be determined by the 4C$P sub-ect to e*isting rules and regulations+ 'ection 36. Consult0ti:e ,o/<. body consisting of the traditional leaders) elders and representatives from the "omen and youth sectors of the different $CCs%$Ps shall be constituted by the 4C$P from the time to time to advise it on matters relating to the problems) aspirations and interests of the $CCs%$Ps+ C&APT R -""" $ *"N AT"ON AN$ R CO!N"T"ON O( ANC 'TRA* $O%A"N' 'ection 31. $eline0tion 0n/ Recognition of Ancestr0l $o10ins. - Self-delineation shall be guiding principle in the identification and delineation of ancestral domains+ s such) the $CCs%$Ps concerned shall have a decisive role in all the activities pertinent thereto+ The S"orn Statement of the 3lders as to the Scope of the territories and agreements%pacts made "ith neighboring $CCs%$Ps) if any) "ill be essential to the determination of these traditional territories+ The <overnment shall ta!e the necessary steps to identify lands "hich the $CCs%$Ps concerned traditionally occupy and guarantee effective protection of their rights of o"nership and possession thereto+ Measures shall be ta!en in appropriate cases to safeguard the rights of the $CCs%$Ps concerned to land "hich may no longer be e*clusively occupied by them) but to "hich they have traditionally had access for their subsistence and traditional activities) particularly of $CCs%$Ps "ho are still nomadic and%or shifting cultivators+

'ection 32. $eline0tion Process. - The identification and delineation of ancestral domains shall be done in accordance "ith the follo"ing procedures: a+ ncestral /omains /elineated Prior to this ct - The provisions hereunder shall not apply to ancestral domains%lands already delineated according to /34R dministrative 5rder 4o+ B) series of :??7) nor to ancestral lands and domains delineated under any other community%ancestral domain program prior to the enactment of his la"+ $CCs%$Ps enactment of this la" shall have the right to apply for the issuance of a Certificate of ncestral /omain Title &C /T' over the area "ithout going through the process outlined hereunder( b+ Petition for /elineation - The process of delineating a specific perimeter may be initiated by the 4C$P "ith the consent of the $CC%$P concerned) or through a Petition for /elineation filed "ith the 4C$P) by a ma-ority of the members of the $CCs%$Ps( c+ /elineation Paper - The official delineation of ancestral domain boundaries including census of all community members therein) shall be immediately underta!en by the ncestral /omains 5ffice upon filing of the application by the $CCs%$Ps concerned+ /elineation "ill be done in coordination "ith the community concerned and shall at all times include genuine involvement and participation by the members of the communities concerned( d+ Proof re,uired - Proof of ncestral /omain Claims shall include the testimony of elders or community under oath) and other documents directly or indirectly attesting to the possession or occupation of the area since time immemorial by such $CCs%$Ps in the concept of o"ners "hich shall be any one &:' of the follo"ing authentic documents: :+ 8ritten accounts of the $CCs%$Ps customs and traditions( B+ 8ritten accounts of the $CCs%$Ps political structure and institution(

7+ Pictures sho"ing long term occupation such as those of old improvements) burial grounds) sacred places and old villages( >+ Historical accounts) including pacts and agreements concerning boundaries entered into by the $CCs%$Ps concerned "ith other $CCs%$Ps( 0+ Survey plans and s!etch maps( 1+ nthropological data( E+ <enealogical surveys( @+ Pictures and descriptive histories of traditional communal forests and hunting grounds( ?+ Pictures and descriptive histories of traditional landmar!s such as mountains) rivers) cree!s) ridges) hills) terraces and the li!e( and :=+ 8rite-ups of names and places derived from the native dialect of the community+ e+ Preparation of Maps - 5n the basis of such investigation and the findings of fact based thereon) the ncestral /omains 5ffice of the 4C$P shall prepare a perimeter map) complete "ith technical descriptions) and a description of the natural features and landmar!s embraced therein( f+ Report of $nvestigation and 5ther /ocuments complete copy of the preliminary census and a report of investigation) shall be prepared by the ncestral /omains 5ffice of the 4C$P( g+ 4otice and Publication - copy of each document) including a translation in the native language of the $CCs%$Ps concerned shall be posted in a prominent place therein for at least fifteen &:0' days+ copy of the document shall also be posted at the local) provincial and regional offices of the 4C$P) and shall be published in a ne"spaper of general circulation once a "ee! for t"o &B' consecutive "ee!s to allo" other claimants to file opposition

thereto "ithin fifteen &:0' days from the date of such publication: Provided) That in areas "here no such ne"spaper e*ists) broadcasting in a radio station "ill be a valid substitute: Provided) further) That mere posting shall be deemed sufficient if both ne"spaper and radio station are not available( h+ 3ndorsement to 4C$P - 8ithin fifteen &:0' days from publication) and of the inspection process) the ncestral /omains 5ffice shall prepare a report to the 4C$P endorsing a favorable action upon a claim that is deemed to have sufficient proof+ Ho"ever) if the proof is deemed insufficient) the ncestral /omains 5ffice shall re,uire the submission of additional evidence: Provided) That the ncestral /omains 5ffice shall re-ect any claim that is deemed patently false or fraudulent after inspection and verification: Provided) further) That in case of re-ection) the ncestral /omains 5ffice shall give the applicant due notice) copy furnished all concerned) containing the grounds for denial+ The denial shall be appealable to the 4C$P: Provided) furthermore) That in cases "here there are conflicting claims) the ncestral /omains 5ffice shall cause the contending parties to meet and assist them in coming up "ith a preliminary resolution of the conflict) "ithout pre-udice to its full ad-udication according to the selection belo"+ i+ Turnover of reas 8ithin ncestral /omains Managed by 5ther <overnment gencies - The Chairperson of the 4C$P shall certify that the area covered is an ancestral domain+ The secretaries of the /epartment of grarian Reform) /epartment of 3nvironment and 4atural Resources) /epartment of the $nterior and 2ocal <overnment) and /epartment of 9ustice) the Commissioner of the 4ational /evelopment Corporation) and any other government agency claiming -urisdiction over the area shall be notified thereof+ Such notification shall terminate any legal basis for the -urisdiction previously claimed(

-+ $ssuance of C /T - $CCs%$Ps "hose ancestral domains have been officially delineated and determined by the 4C$P shall be issued a C /T in the name of the community concerned) containing a list of all those identified in the census( and !+ Registration of C /Ts - The 4C$P shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the Register of /eeds in the place "here the property is situated+ 'ection 33. "/entific0tion, $eline0tion 0n/ Certific0tion of Ancestr0l *0n/s. a+ The allocation of lands "ithin any ancestral domain to individual or indigenous corporate &family or clan' claimants shall be left to the $CCs%$Ps concerned to decide in accordance "ith customs and traditions( b+ $ndividual and indigenous corporate claimants of ancestral lands "hich are not "ithin ancestral domains) may have their claims officially established by filing applications for the identification and delineation of their claims "ith the ncestral /omains 5ffice+ n individual or recogni#ed head of a family or clan may file such application in his behalf or in behalf of his family or clan) respectively( c+ Proofs of such claims shall accompany the application form "hich shall include the testimony under oath of elders of the community and other documents directly or indirectly attesting to the possession or occupation of the areas since time immemorial by the individual or corporate claimants in the concept of o"ners "hich shall be any of the authentic documents enumerated under Sec+ 0B &d' of this act) including ta* declarations and proofs of payment of ta*es( d+ The ncestral /omains 5ffice may re,uire from each ancestral claimant the submission of such other documents) S"orn

Statements and the li!e) "hich in its opinion) may shed light on the veracity of the contents of the application%claim( e+ ;pon receipt of the applications for delineation and recognition of ancestral land claims) the ncestral /omains 5ffice shall cause the publication of the application and a copy of each document submitted including a translation in the native language of the $CCs%$Ps concerned in a prominent place therein for at least fifteen &:0' days+ copy of the document shall also be posted at the local) provincial) and regional offices of the 4C$P and shall be published in a ne"spaper of general circulation once a "ee! for t"o &B' consecutive "ee!s to allo" other claimants to file opposition thereto "ithin fifteen &:0' days from the date of such publication: Provided) That in areas "here no such ne"spaper e*ists) broadcasting in a radio station "ill be a valid substitute: Provided) further) That mere posting shall be deemed sufficient if both ne"spapers and radio station are not available f+ .ifteen &:0' days after such publication) the ncestral /omains 5ffice shall investigate and inspect each application) and if found to be meritorious) shall cause a parcellary survey of the area being claimed+ The ncestral /omains office shall re-ect any claim that is deemed patently false or fraudulent after inspection and verification+ $n case of re-ection) the ncestral /omains office shall give the applicant due notice) copy furnished all concerned) containing the grounds for denial+ The denial shall be appealable to the 4C$P+ $n case of conflicting claims among individual or indigenous corporate claimants) the ncestral domains 5ffice shall cause the contending parties to meet and assist them in coming up "ith a preliminary resolution of the conflict) "ithout pre-udice to its full ad-udication according to Sec+ 1B of this ct+ $n all proceedings for the identification or delineation of the ancestral domains as herein provided) the /irector of 2ands shall represent the interest of the Republic of the Philippines( and

g+ The ncestral /omains 5ffice shall prepare and submit a report on each and every application surveyed and delineated to the 4C$P) "hich shall) in turn) evaluate or corporate &family or clan' claimant over ancestral lands+ 'ection 32. (r0u/ulent Cl0i1s. - The ncestral /omains 5ffice may) upon "ritten re,uest from the $CCs%$Ps) revie" e*isting claims "hich have been fraudulently ac,uired by any person or community+ ny claim found to be fraudulently ac,uired by) and issued to) any person or community may be cancelled by the 4C$P after due notice and hearing of all parties concerned+ 'ection 33. Co11un0l Rights. - Sub-ect to Section 01 hereof) areas "ithin the ancestral domains) "hether delineated or not) shall be presumed to be communally held: Provide) That communal rights under this ct shall not be construed as co-o"nership as provided in Republic ct+ 4o+ 7@1) other"ise !no"n as the 4e" Civil Code+ 'ection 35. Disting Propert< Rights Regi1es. - Property rights "ithin the ancestral domains already e*isting and%or vested upon effectivity of this ct) shall be recogni#ed and respected+ 'ection 37. N0tur0l Resources 4ithin Ancestr0l $o10ins . The $CCs%$Ps shall have the priority rights in the harvesting) e*traction) development or e*ploitation of any natural resources "ithin the ancestral domains+ non-member of the $CCs%$Ps concerned may be allo"ed to ta!e part in the development and utili#ation of the natural resources for a period of not e*ceeding t"enty-five &B0' years rene"able for not more than t"enty-five &B0' years: Provided) That a formal and "ritten agreement is entered into "ith the $CCs%$Ps concerned or that the community) pursuant to its o"n decision ma!ing process) has agreed to allo" such operation: Provided) finally) That the all e*tractions shall be used to facilitate the development and improvement of the ancestral domains+ 'ection 38. n:iron1ent0l Consi/er0tion. - ncestral domains or portion thereof) "hich are found necessary for critical "atersheds)

mangroves "ildlife sanctuaries) "ilderness) protected areas) forest cover) or reforestation as determined by the appropriate agencies "ith the full participation of the $CCs%$Ps concerned shall be maintained) managed and developed for such purposes+ The $CCs%$Ps concerned shall be given the responsibility to maintain) develop) protect and conserve such areas "ith the full and effective assistance of the government agencies+ Should the $CCs%$Ps decide to transfer the responsibility over the areas) said decision must be made in "riting+ The consent of the $CCs%$Ps should be arrived at in accordance "ith its customary la"s "ithout pre-udice to the basic re,uirement of the e*isting la"s on free and prior informed consent: Provided) That the transfer shall be temporary and "ill ultimately revert to the $CCs%$Ps in accordance "ith a program for technology transfer: Provided) further) That no $CCs%$Ps shall be displaced or relocated for the purpose enumerated under this section "ithout the "ritten consent of the specific persons authori#ed to give consent+ 'ection 39. Certific0tion Precon/ition. - all department and other governmental agencies shall henceforth be strictly en-oined from issuing) rene"ing) or granting any concession) license or lease) or entering into any production-sharing agreement) "ithout prior certification from the 4C$P that the area affected does not overlap "ith any ancestral domain+ Such certificate shall only be issued after a field-based investigation is conducted by the ncestral /omain 5ffice of the area concerned: Provided) That no certificate shall be issued by the 4C$P "ithout the free and prior informed and "ritten consent of the $CCs%$Ps concerned: Provided) further) That no department) government agency or government-o"ned or -controlled corporation may issue ne" concession) license) lease) or production sharing agreement "hile there is pending application C /T: Provided) finally) That the $CCs%$Ps shall have the right to stop or suspend) in accordance "ith this ct) any pro-ect that has not satisfied the re,uirement of this consultation process+

'ection 56. De1ption fro1 T0Des. - ll lands certified to be ancestral domains shall be e*empt from real property ta*es) specially levies) and other forms of e*action e*cept such portion of the ancestral domains as are actually used for large-scale agriculture) commercial forest plantation and residential purposes and upon titling by other by private person: Provided) that all e*actions shall be used to facilitate the development and improvement of the ancestral domains+ 'ection 51. Te1por0r< Re>uisition Po4ers. - Prior to the establishment of an institutional surveying capacity "hereby it can effectively fulfill its mandate) but in no case beyond three &7' years after its creation) the 4C$P is hereby authori#ed to re,uest the /epartment of 3nvironment and 4atural Resources &/34R' survey teams as "ell as other e,ually capable private survey teams) through a Memorandum of greement &M5 ') to delineate ancestral domain perimeters+ The /34R Secretary shall accommodate any such re,uest "ithin one &:' month of its issuance: Provided) That the Memorandum of greement shall stipulate) among others) a provision for technology transfer to the 4C$P+ 'ection 52. Resolution of Conflicts. - $n cases of conflicting interest) "here there are adverse claims "ithin the ancestral domains as delineated in the survey plan) and "hich cannot be resolved) the 4C$P shall hear and decide) after notice to the proper parties) the disputes arising from the delineation of such ancestral domains: Provided) That if the dispute is bet"een and%or among $CCs%$Ps regarding the traditional boundaries of their respective ancestral domains) customary process shall be follo"ed+ The 4C$P shall promulgate the necessary rules and regulations to carry out its ad-udicatory functions: Provided) further) That in any decision) order) a"ard or ruling of the 4C$P on any ancestral domain dispute or on any matter pertaining to the application) implementation) enforcement and interpretation of this ct may be brought for Petition

for Revie" to the Court of receipt of a copy thereof+

ppeals "ithin fifteen &:0' days from

'ection 53. Applic0ble *04s. - Customary la"s) traditions and practices of the $CCs%$Ps of the land "here the conflict arises shall be applied first "ith respect to property rights) claims and o"nerships) hereditary succession and settlement of land disputes+ ny doubt or ambiguity in the application of la"s shall be resolved in favor of the $CCs%$Ps+ 'ection 52. Re1e/i0l %e0sures. - 3*propriation may be resorted to in the resolution of conflicts of interest follo"ing the principle of the Fcommon goodF+ The 4C$P shall ta!e appropriate legal action for the cancellation of officially documented titles "hich "ere ac,uired illegally: Provided) That such procedure shall ensure that the rights of possessors in good faith shall be respected: Provided) further) That the action for cancellation shall be initiated "ithin t"o &B' years from the effectivity of this ct: Provided) finally) That the action for reconveyance shall be a period of ten &:=' years in accordance "ith e*isting la"s+ C&APT R "E ;)R"'$"CT"ON AN$ PROC $)R ' (OR N(ORC % NT O( R"!&T' 'ection 53. Pri10r< of Custo10r< *04s 0n/ Pr0ctices. - 8hen disputes involve $CCs%$Ps) customary la"s and practices shall be used to resolve the dispute+ 'ection 55. ;uris/iction of the NC"P. - The 4C$P) through its regional offices) shall have -urisdiction over all claims and disputes involving rights of $CCs%$Ps( Provided) ho"ever) That no such dispute shall be brought to the 4C$P unless the parties have e*hausted all remedies provided under their customary la"s+ .or this purpose) a certification shall be issued by the Council of 3lders%2eaders "ho participated in the attempt to settle the dispute that the same has not

been resolved) "hich certification shall be a condition precedent to the filing of a petition "ith the 4C$P+ 'ection 57. Appe0ls to the Court of Appe0ls . - /ecisions of the 4C$P shall be appealable to the Court of ppeals by "ay of a petition for revie"+ 'ection 58. Decution of $ecisions, A40r/s, Or/ers . - ;pon e*piration of the period here provided and no appeal is perfected by any of the contending parties) the Hearing 5fficer of the 4C$P) on its o"n initiative or upon motion by the prevailing party) shall issue a "rit of e*ecution re,uiring the sheriff or the proper officer to e*ecute final decisions) orders or a"ards of the Regional Hearing 5fficer of the 4C$P+ 'ection 59. Cu0si8;u/ici0l Po4ers of the NC"P. - The 4C$P shall have the po"er and authority: a+ To promulgate rules and regulations governing the hearing and disposition of cases filed before it as "ell as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this ct( b+ To administer oaths) summon the parties to a controversy) issue subpoenas re,uiring the attendance and testimony of "itnesses or the production of such boo!s) papers) contracts) records) agreements and other document of similar nature as may be material to a -ust determination of the matter under investigation or hearing conducted in pursuance of this ct( c+ To hold any person in contempt) directly or indirectly) and impose appropriate penalties therefor( and d+ To en-oin any or all acts involving or arising from any case pending therefore it "hich) if not restrained forth"ith) may cause grave or irreparable damage to any of the parties to the case or seriously affect social or economic activity+

'ection 76. No restr0ining Or/er or Preli1in0r< "nFunction . 4o inferior court of the Philippines shall have the -urisdiction to issue any restraining order or "rit of preliminary in-unction against the 4C$P or any of its duly authori#ed or designated offices in any case) dispute or controversy to) or interpretation of this ct and other pertinent la"s relating to $CCs%$Ps and ancestral domains+ C&APT R E ANC 'TRA* $O%A"N' ()N$ 'ection 71. Ancestr0l $o10ins (un/. - There is hereby created a special fund) to be !no"n as the ncestral /omains .und) an initial amount of the 5ne Hundred thirty million pesos&P:7=)===)===' to cover compensation for e*propriated lands) delineation and development of ancestral domains+ n amount of .ifty million pesos &P0=)===)===' shall be sourced from the gross income of the Philippine Charity S"eepsta!es 5ffice &PCS5' from its lotto operation) Ten millions pesos &P:=)===)===' from the gross receipts of the travel ta* of the preceding year) the fund of the Social Reform Council intended for survey and delineation of ancestral lands%domains) and such other source as the government may be deem appropriate+ Thereafter such amount shall be included in the annual <eneral ppropriations ct+ .oreign as "ell as local funds "hich are made available for the $CCs%$Ps through the government of the Philippines shall be coursed through the 4C$P+ The 4C$P may also solicit and receive donations) endo"ments shall be e*empted from income or gift ta*es and all other ta*es) charges or fees imposed by the government or any political subdivision or instrumentality thereof+ C&APT R E" P NA*T" ' 'ection 72. Punish0ble Acts 0n/ Applic0ble Pen0lties . - ny person "ho commits violation of any of the provisions of this ct) such as) but not limited to) authori#ed and%or unla"ful intrusion upon any ancestral lands or domains as stated in Sec+ :=) Chapter $$$) or

shall commit any of the prohibited acts mentioned in Sections B: and B>) Chapter C) Section 77) Chapter C$ hereof) shall be punished in accordance "ith the customary la"s of the $CCs%$Ps concerned: Provided) That no such penalty shall be cruel) degrading or inhuman punishment: Provided) further) That neither shall the death penalty or e*cessive fines be imposed+ This provision shall be "ithout pre-udice to the right of any $CCs%$Ps to avail of the protection of e*isting la"s+ $n "hich case) any person "ho violates any provision of this ct shall) upon conviction) be punished by imprisonment of not less than nine &?' months but not more than t"elve &:B' years or a fine not less than 5ne hundred thousand pesos &P:==)===' nor more than .ive hundred thousand pesos &P0==)===' or both such fine and imprisonment upon the discretion of the court+ $n addition) he shall be obliged to pay to the $CCs%$Ps concerned "hatever damage may have been suffered by the latter as a conse,uence of the unla"ful act+ 'ection 73. Persons 'ubFect to Punish1ent. - $f the offender is a -uridical person) all officers such as) but not limited to) its president) manager) or head of office responsible for their unla"ful act shall be criminally liable therefor) in addition to the cancellation of certificates of their registration and%or license: Provided) That if the offender is a public official) the penalty shall include perpetual dis,ualification to hold public office+ C&APT R E"" % R! R O( T& O(("C (OR NORT& RN C)*T)RA* CO%%)N"T" ' AONCCB AN$ T& O(("C (OR 'O)T& RN C)*T)RA* CO%%)N"T" ' AO'CCB 'ection 72. %erger of ONCC+O'CC. - The 5ffice for 4orthern Cultural Communities &54CC' and the 5ffice of Southern Cultural Communities &5SCC') created under 3*ecutive 5rder 4os+ :BB-B and :BB-C respectively) are hereby merged as organic offices of the 4C$P and shall continue to function under a revitali#ed and strengthened structures to achieve the ob-ectives of the 4C$P: Provided) That the

positions of Regional /irectors and belo") are hereby phased-out upon the effectivity of this ct: Provided) further) That officials and employees of the phased-out offices "ho may be ,ualified may apply for reappointment "ith the 4C$P and may be given prior rights in the filing up of the ne"ly created positions of 4C$P) sub-ect to the ,ualifications set by the Placement Committee: Provided) furthermore) That in the case "here an indigenous person and a non-indigenous person "ith similar ,ualifications apply for the same position) priority shall be given to the former+ 5fficers and employees "ho are to be phased-out as a result of the merger of their offices shall be entitled to gratuity a rate e,uivalent to one and a half &: :%B' months salary for every year of continuous and satisfactory service rendered or the e,uivalent nearest fraction thereof favorable to them on the basis of the highest salary received+ $f they are already entitled to retirement benefits or the gratuity herein provided+ 5fficers and employees "ho may be reinstated shall refund such retirement benefits or gratuity received: Provided) finally That absorbed personnel must still meet the ,ualifications and standards set by the Civil Service and the Placement Committee herein created+ 'ection 73. Tr0nsition Perio/. - The 54CC%5SCC shall have a period of si* &1' months from the effectivity of this ct "ithin "hich to "ind up its affairs and to conduct audit of its finances+ 'ection 75. Tr0nsfer of Assets+Properties . - ll real and personal properties "hich are vested in) or belonging to) the merged offices as aforestated shall be transferred to the 4C$P "ithout further need of conveyance) transfer or assignment and shall be held for the same purpose as they "ere held by the former offices: Provided) That all contracts) records and documents shall be transferred to the 4C$P+ ll agreements and contracts entered into by the merged offices shall remain in full force and effect unless other"ise terminated) modified or amended by the 4C$P+ 'ection 77. Pl0ce1ent Co11ittee. - Sub-ect to rules on government reorgani#ation) a Placement Committee shall be created

by the 4C$P) in coordination "ith the Civil Service Commission) "hich shall assist in the -udicious selection and placement of personnel in order that the best ,ualified and most deserving persons shall be appointed in the reorgani#ed agency+ The placement Committee shall be composed of seven &E' commissioners and an $CCs%$Ps representative from each of the first and second level employees association in the 5ffices for 4orthern and Southern Cultural Communities &54CC%5SCC') nongovernment organi#ations &4<5s' "ho have served the community for at least five &0' years and peoples organi#ations &P5s' "ith at least five &0' years of e*istence+ They shall be guided by the criteria of retention and appointment to be prepared by the consultative body and by the pertinent provisions of the civil service la"+ C&APT R E""" ("NA* PRO-"'"ON' 'ection 78. 'peci0l Pro:ision. - The City of Baguio shall remain to be governed by its Chapter and all lands proclaimed as part of its to"nsite reservation shall remain as such until other"ise reclassified by appropriate legislation: Provided) That prior land rights and titles recogni#ed and%or re,uired through any -udicial) administrative or other processes before the effectivity of this ct shall remain valid: Provided) further) That this provision shall not apply to any territory "hich becomes part of the City of Baguio after the effectivity of this ct+ 'ection 79. Appropri0tions. - The amount necessary to finance the initial implementation of this ct shall be charged against the current year6s appropriation of the 54CC and the 5SCC+ Thereafter) such sums as may be necessary for its continued implementation shall be included in the annual <eneral ppropriations ct+ 'ection 86. "1ple1enting Rules 0n/ Regul0tions . - 8ithin si*ty &1=' days immediately after appointment) the 4C$P shall issue the necessary rules and regulations) in consultation "ith the Committees

on 4ational Cultural Communities of the House of Representatives and the Senate) for the effective implementation of this ct+ 'ection 81. '0:ing Cl0use. - This ct "ill not in any manner adversely affect the rights and benefits of the $CCs%$Ps under other conventions) recommendations) international treaties) national la"s) a"ards) customs and agreements+ 'ection 82. 'ep0r0bilit< Cl0use. - $n case any provision of this ct or any portion thereof is declared unconstitutional by a competent court) other provisions shall not be affected thereby+ 'ection 83. Repe0ling Cl0use. - Presidential /ecree 45+ >:=) 3*ecutive 5rder 4os+ :BB-B and :BB-C) and all other la"s) decrees) orders) rules and regulations or parts thereof inconsistent "ith this ct are hereby repealed or modified accordingly+ 'ection 82. ffecti:it<. - This ct shall ta!e effect fifteen days &:0' days upon its publication in the 5fficial <a#ette or in any t"o &B' ne"spapers of general circulation+

pproved: 29 October 1997+