NATIONAL COMMISSION ON INDIGENOUS

PEOPLES

PRESENTATION
BY
ATTY. REUBEN DASAY A. LINGATING
CHAIRMAN

August 23,2004 Paris, France

 Brief Historical Background
 One (1) of every six (6) Filipino is a member of an
indigenous cultural community
 Twelve (12) million Filipinos are members of the
estimated One Hundred Ten (110) Indigenous
Cultural Communities or Seventeen (17) percent
of the estimated Seventy(70) million Filipinos.
 The Indigenous Peoples are among the poorest
sector of Philippine society and also among the
most powerless.
 The Indigenous Peoples Rights Act was
enacted on October 29,1997 and took effect
on November 22, 1997 precisely to address
the marginalization and powerlessness of
the Indigenous Cultural communities.
 REGION II, CARABALLO
MOUNTAINS REST OF
CORDILLERA & REGION I
Agta, Kalanguya, LUZON/SIERRA
Bontoc; Balangao, Isneg,
Bugkalot, Isinai, MADRE
Tinggian,, Kankanaey
Gaddang , Aggay ,
Kalanguya, Karao, lbaloi, MOUNTAINS
Dumagat , lbanag, Itawis,
Ayangan, lfugao, Tuwali, Aeta, Negrito.
lvatan
Kalinga Baluga, Pugot,
Apayao Abell ing, Agta,
Dumagat,
Remontado,
ISLAND GROUPS Bugkalot,
Agutaynon, Tagbanua,
Cimaron,
Dagayanen, Tao't Bato,
Batak,Palawanon
Kabihug,
Molbog, Iraya Mangyan, Tabangnon,
Hanunuo Mangyan, Abiyan, (Aeta),
Alangan Mangyan, Isarog, ltom
Buhid Mangyan,
Tadyawan Mangyan, SOUTHERN &
Batangan Mangyan, EASTERN
Gubatnon Mangyan, MINDANAO
Ratagnon Mangyan, Ati, Manobo, Mandaya,
Cuyunon, Ati Mansaka, Dibabawon,
Sulod/Bukidnon, Banwaon. Bagobo, Ubo
Magahat Manobo, Tagakaolo,
Korolanos, Ata, Talaingod, Langilan,
Bukidnon, Escaya, Mamanwa, Higaonon,
Badjao, Kongking Blaan, T'boli, Kalagan,
Tagabawa, Manobo,
NORTHERN & Blit, Matigsalog,
WESTERN MINDANAO Tigwahanon, Sang i I
Manobo, Subanen
Mansaka, Dibabawon,
Banwaon, Bagobo, Ubo
Manobo, Tagakaolo,
Talaingod,, Langilan, CENTRAL MINDANAO
Mamanwa, Higaonon, Aroi-nanon, Tiruray,
Blaan, T'boli, Kalagan, Bagobo, Ubo Manobo,
Tagabawa, Manobo Blit, Higaonon,Maguindanao,
Matigsalog, Tigwahanon  110 TRIBES  12 MILLION  5 MILLION HECTARES Maranao, Iranon, Karintik
Sang i I Blaan Lambangian
 WHAT IS THE INDIGENOUS
PEOPLES RIGHTS ACT (IPRA)?

 Recognize, Protect and Promote the Rights

of ICCs/IPs
 Creates the NCIP
 Establishes Implementing Mechanisms
 Appropriates Funds
 Other Purposes
 RIGHTS OF ICCs/IPs
 Rights to Ancestral Domains and Lands
 Right to Self-Governance and
Empowerment
 Social Justice and Human Rights
 Cultural Integrity
 Rights to Ancestral Domain
 Right of ownership
 Right to develop lands and natural resources
 Right to stay in territories
 Right in case of displacement
 Right to regulate entry of migrants
 Right to safe and clean air and water
 Right to claim parts of reservation
 Right to resolve conflict
 Right to ancestral land
– Right to transfer land/property
– Right to redemption
 Ancestral Domain defined
 All areas generally  It includes:
belonging to ICCs/IPs
 Ancestral lands
 Held under a claim of
ownership, occupied and  Forests
possessed  Pasture
 By themselves or  Residential
through their ancestors  Agricultural
 communally or
individually since time
 Hunting grounds
immemorial  Burial grounds
 Continuously to the  Worship areas
present  Bodies of water
 Necessary to ensure their  Mineral & other natural
economic, social and
cultural welfare resources
 Ancestral Land defined
 Land occupied, possessed
and utilized  Except when interrupted
 By individuals, families by:
and clans who are  War
members of the ICC/IP
 Force majeure or
 Since time immemorial
displacement by force
 By themselves of through
their predecessors-in-  Deceit
interest  Stealth
 Under claims of  As a consequence of gov’t
individual or traditional projects and other dealings
group ownership between gov’t & private
 Continuously up to the corporations
present
 IP Concept of Ownership
 Ancestral domains and all resources found therein
shall serve as the material bases of their cultural
integrity
 Ancestral domains are the ICCs/IPs private but
community property which belongs to all
generations and therefore cannot be sold, disposed
or destroyed
 Covers sustainable traditional resource rights
 Responsibilities of ICCs/IPs
 Maintain ecological balance
 Restore denuded forests
 Observe laws
 Right to Self-governance and
Empowerment
 Self-governance and self-determination
 Justice system, conflict resolution
institutions, and peace building processes
 Participation in decision-making
 Determine and decide priorities for
development
 Tribal barangays
 Social Justice and Human
Rights
 Equal protection and non-discrimination of
ICCs/IPs
 Rights during armed conflict
 Right to equal opportunity and treatment
 Discrimination against ICCs/IPs on the terms
and conditions of employment and denial of
benefits
 Basic services
 Equal rights for women
 Children and Youth
 CULTURAL INTEGRITY
 Protection of Indigenous Culture, Traditions and
Institutions
 Educational system
 Recognition of cultural diversity
 Community Intellectual Rights
 Rights to cultural sites and ceremonies
 Rights to IKSP
 Access to biological and genetic resources
 Sustainable agro-technical development
 Right to receive from the national gov’t funds for
archeological and historical sites
 National Commission on
Indigenous Peoples
 To carry out policies se forth in R.A. 8371 (IPRA)
 Primary government agency responsible for the
formulation and implementation of policies, plans
and programs to promote and protect the rights and
well-being of the ICCs/IPs and the recognition of
their ancestral domains as well as their rights
thereto
 Mandate – to protect and promote the interest and
well-being of the ICCs/IPs with due regard to their
beliefs, customs, traditions and institutions
 THE COMMISSION
 Composition: 7 commissioners each
representing an ethnographic region
 One of whom shall be the Chairperson
 Two of the 7 shall be women
 POWERS AND FUNCTIONS
 Policy Making Body
 Quasi-judicial Body
 Implementing Agency
 Titling of Ancestral Domains and Lands
 POLICY MAKING
 IMPLEMENTING RULES AND
REGULATIONS
 GUIDELINES
 RULES ON PLEADINGS, PROCEDURE
AND PRACTICE BEFORE THE NCIP
 OTHER ISSUANCES
 QUASI-JUDICIAL BODY
 CLAIMS AND DISPUTES INVOLVING
RIGHTS OF ICCs/IPs
 PRIMACY OF CUSTOMARY LAW
 REGIONAL HEARING OFFICER
 RULES ON PLEADINGS, PRACTICE
AND PROCEDURE
 Jurisdiction of the NCIP
 Conflicts involving ancestral lands and domains
 Cancellation of fraudulent CADTs/CALTs
 Violation of FPIC
 Sec. 10 – Unlawful Intrusion
 Sec. 24 – employment
 Sec. 33 – Cultural Integrity
 Property Rights
 IMPLEMENTING AGENCY
 PROGRAMS
– EDUCATIONAL ASSISTANCE
– LEGAL ASSISTANCE
 PROJECTS
– SMALL PROJECTS
 TITLING OF ANCESTRAL
LANDS AND DOMAINS
 Ancestral Domains
 Ancestral Lands outside Ancestral Domains
 Ancestral Lands within Ancestral Domains
 Approved CADTs from July 2002 to July 2004
Location Tribe Area (Hectares) Individual
1. Bakun, Benguet Ibaloi, Bago, Kankana-ey 29,444.3449 17,218
2. Lanuza, Surigao del Sur Manobo 11,811.6247 1,065
3. Boston, Davao Oriental Mandaya 19,151.4437 3,259
4. Siocon, Zamboanga del Norte Subanen 8,213.5020 1,144
5. Ocampo, Camarines sur Agta/Tabangon 5,099.3430 5,622
6. Pastolan, Hermosa, Bataan Aeta 4,355.9312 759
7. Monkayo, Compstela Valley Manobo, Dibabawon, Mandaya, Mangguangan 30,468.2250 2,189
8. Milalitra, Talakag, Bukidnon Talaandig 11,105.5667 4,922
9. Bentangan, Carmen, Cotabato Arumanen 5,680.6281 715
10. Kitaotao, Sinuda, Bukidnon (QUEMTRAS) Matigsalog-manobo 102,324.8186 24,405
11. Nagtipunan, Quirino Bugkalot 139,691.6194 15,374
12.Kabangkalan City, Karol-an Negros, Occidental. Bukidnon-Karolanos 3,981.2401 4,140
13. Sta. Cruz, Occidental Mindoro Iraya-Mangyan 5,365.1100 639
14. Pilas, Mahayag, Zamboanga del Sur Subanen 4,530.0800 3,161
15. Kibungan, Benguet Kibungan-Kankana-ey 22.836.8838 15,472
16. Brgy. Ilomavis, Kidapawan City (MADADMA) Obo, Manobo 3,177.2000 679
17. Quezon, Bukidnon (QUEMTRAS) Manobo 1,595.2926 1,398
18. New Bataan, Compostela Valley Mandaya-Mansaka 92,413.8676 8,443
19. Karahume, San Isidro, SJDM, Bulacan Dumagat 1,817.1515 368
20. Coron, Palawan Tagbanua 24,520.7600 1,358
21. Cajidiocan & San Fernando, Sibuyan, Romblon Mangyan-Tagabikid 7,718.8365 1,846
22. Puerto Galera, Oriental Mindoro Iraya-Mangayan 5,700.8271 2,888
23. Sugpon, Ilocos Sur Kankana-ey & Bago 6,339.4170 3,300

TOTAL 547,343.7225 120,359

 OFFICES WITHIN THE NCIP
 Ancestral Domains Office
 Office on Policy, Planning and Research
 Office of Education, Culture and Health
 Office on Socio-economic Services and Special Concerns
 Office of Empowerment and Human Rights
 Administrative Office
 Legal Affairs Office
 12 Regional Offices
 Other Field Offices – Provincial Offices and Community
Service Centers
 Office of the Executive Director
 Some Implementing
Mechanisms
 Titlingof Ancestral Domain/Land
 Free and Prior Informed Consent
 Ancestral Domain Sustainable
Development and Protection Plan
 We the Indigenous Peoples of the world, united in this corner of
our Mother Earth in a great assembly of men of wisdom, declare to all
nations: We glory in our proud past: when earth was our nurturing mother,
when the night sky formed our common roof, when Sun and Moon were
our parents, when all were brothers and sisters, when our great
civilizations grew under the sun, when our chiefs and elders were great
leaders, when justice ruled the law and its execution. Then other peoples
arrived: thirsting for blood, for gold, for land and all its wealth, carrying the
cross and the sword, one in each hand, without knowing or waiting to learn
the ways of our worlds, they considered us to be lower than animals, they
stole our lands from us and took us from our lands, they made slaves of
the Sons of the sun. However, they have never been able to eliminate us,
nor erase our memories of what we were, because we are the culture of
the earth and the sky, we are of ancient descent and we are millions, and
although the whole universe may be ravaged, our people will live on for
longer even than the kingdom of death . . . We vow to control again our
own destiny and recover our complete humanity and pride in being
Indigenous People. – Solemn Declaration, 1975 WCIP