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1. What is NCIP?

Answer: National Commission on Indigenous Peoples (NCIP) refers to the office created under
RA 8371 , 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; (RA 8371 or IPRA)

2. Qualified occupants and what are the qualifications?
Answer: Tenured Migrant - refers to a protected area occupant who has been actually and
continuously occupying portion of the protected area.


15.1 The household head shall be considered a tenured migrant if proven to have actually and
continuously occupied a portion of the protected area for five (5) years before its designation as
protected area and solely dependent therein for subsistence. Solely dependent for subsistence is
when everything indispensable for survival for the household, including food, clothing, shelter and
health, comes only from the utilization of resources from the protected area.

3. Who may file a suit under this NIPAS Act?

Answer: Under Sec 4 and 5 of the Rules on environmental Cases:

SEC. 4. Who may file. Any real party in interest, including the government and juridical entities
authorized by law, may file a civil action involving the enforcement or violation of any
environmental law.

SEC. 5. Citizen suit. Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights or obligations under environmental

4. With regards to the categories of protected area Sec 3, (h) which refers to Other categories
established by law, conventions or international agreements which the Philippine Government is a
signatory. What principle is this in the Constitution?

Answer: Doctrine of Incorporation - The 1987 Philippine Constitution states as one of its
principles, as follows:

The Philippines x x x adopts the generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations.

This constitutional provision enunciates the doctrine of incorporation which mandates that the
Philippines is bound by generally accepted principles of international law which automatically
form part of Philippine law by operation of the Constitution.

5. What principle is that where you have to compensate for the restoration of the damage area?

Answer: Polluter Pays Principle - Its a principle in international environmental law where the
polluting party pays for the damage done to the natural environment.