Republic Act No. 8371

An act to recognize, protect and promote the rights of indigenous cultural communities/indigenous people, creating a national commission of indigenous people, establishing implementing mechanisms, appropriating funds therefor, and for other purposes

What is the long title for this act

The Indigenous Peoples Rights Act of 1997

What is the short title of this act

Ancestral Domains

refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present

Ancestral Lands

refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present

Certificate of Ancestral Domain Title

refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated

Certificate of Ancestral Lands Title

refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands

Communal Claims

refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territory

Customary Laws

refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs

Free and Prior Informed Consent

the consensus of all members of the ICCs/IPs to; be determined in accordance with their respective customary laws and practices, free from any external 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;

Indigenous Cultural Communities/Indigenous People

refer to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory

Indigenous Political Structure

refer to organizational and cultural leadership systems, institutions, relationships, patterns and processed for decision-making and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holder, or any other tribunal or body of similar nature

Individual Claims

refer to claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots

National Commission on Indigenous Peoples (NCIP)

refers to the office created under this Act, which shall be under the Office of the President, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs

Native Title

refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest

Nongovernment Organization

a private, nonprofit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs and has an established track record for effectiveness and acceptability in the community where it serves

People’s Organization

a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs

Sustainable Traditional Resource Rights

refer to the rights of ICCs/IPs to sustainably use, manage, protect and conserve a) land, air, water, 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 with their indigenous knowledge, beliefs, systems and practices

Time Immemorial

refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.

Right to Ownership
Right to Develop Lands and Natural Resources
Right to Stay in the 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 Reservations
Right Resolve Conflict

What are the rights of ownership and possession of ICCs/IPs to their ancestral domains

Right Resolve Conflict

Right to resolve land conflicts in accordance with customary laws of the area where the land is located, and only in default thereof shall the complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary.

Right to Ownership

The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains

Right to Develop Lands and Natural Resources

right to develop, control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations;

Right to Stay in the Territories

The right to stay in the territory and not be removed therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than eminent domain.

Right in Case of Displacement

In case displacement occurs as a result of natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system

Right to Regulate Entry of Migrants

regulate the entry of migrant settlers and organizations into the domains

Right to Safe and Clean Air and Water

the ICCs/IPs shall have access to integrated systems for the management of their inland waters and air space

Right to Claim Parts of Reservations

The right to claim parts of the ancestral domains which have been reserved for various purposes, except those reserved and intended for common and public welfare and service

Right to transfer land/property
Right to Redemption

What are the rights of ownership and possession of the ICCs and IPs to their ancestral lands

Right to transfer land/property

Such right shall include the right to transfer land or property rights to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community concerned.

Right to Redemption

In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs, or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen (15) years from the date of transfer.

15 years

In case of tainted transfer of land/property rights, the transferor ICC/IP shall have the right to redeem the same within a period not exceeding ______ from the date of transfer

Maintain Ecological Balance
Restore Denuded Areas
Observe Laws

What are the responsibilities of ICCs/IPs

Maintain Ecological Balance

To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves

Restore Denuded Areas

To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration

Observe Laws

To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation.

thirty (30) years
eighteen percent (18%)
twenty (20) years

Individual members of cultural communities, with respect to individually-owned ancestral lands who, by themselves or through their predecessors-in -interest, have been in continuous possession and occupation of the same in the concept of owner since the immemorial or for a period of not less than _________ immediately preceding the approval of this Act and uncontested by the members of the same ICCs/IPs shall have the option to secure title to their ancestral lands under the provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496.

For this purpose, said individually-owned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of ______ or more, are hereby classified as alienable and disposable agricultural lands.

The option granted under this Section shall be exercised within _____ from the approval of this Act.