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Section 1. Short Title. - This Act shall be known Towards these ends, the State shall institute and
as "The Indigenous Peoples Rights Act of 1997." establish the necessary mechanisms to enforce and
guarantee the realization of these rights, taking into
Section 2. Declaration of State Policies. - The State consideration their customs, traditions, values,
shall recognize and promote all the rights of beliefs, their rights to their ancestral domains.
Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) hereunder enumerated within the CHAPTER II
framework of the Constitution: DEFINITION OF TERMS
a) The State shall recognize and promote the Section 3. Definition of Terms. - For purposes of this
rights of ICCs/IPs within the framework of Act, the following terms shall mean:
national unity and development;
a) Ancestral Domains - Subject to Section
b)The State shall protect the rights of 56 hereof, refer to all areas generally
ICCs/IPs to their ancestral domains to belonging to ICCs/IPs comprising
ensure their economic, social and cultural lands,inland waters, coastal areas, and
well being and shall recognize the natural resources therein, held under a claim
applicability of customary laws governing of ownership, occupied or possessed by
property rights or relations in determining ICCs/IPs, themselves or through their
the ownership and extent of ancestral ancestors, communally or individually since
domain; time immemorial, continuously to the
present except when interrupted by war,
c) The State shall recognize, respect and force majeure or displacement by force,
protect the rights of ICCs/IPs to preserve deceit, stealth or as a consequence of
and develop their cultures, traditions and government projects or any other voluntary
institutions. It shall consider these rights in dealings entered into by government and
private individuals, corporations, and which
are necessary to ensure their economic, g) Free and Prior Informed Consent - as
social and cultural welfare. It shall include used in this Act shall mean the consensus of
ancestral land, forests, pasture, residential, all members of the ICCs/IPs to; be
agricultural, and other lands individually determined in accordance with their
owned whether alienable and disposable or respective customary laws and practices,
otherwise, hunting grounds, burial grounds, free from any external manipulation,
worship areas, bodies of water, mineral and interference and coercion, and obtained after
other natural resources, and lands which fully disclosing the intent and scope of the
may no longer be exclusively occupied by activity, in a language an process
ICCs/IPs but from which their traditionally understandable to the community;
had access to for their subsistence and
traditional activities, particularly the home h) Indigenous Cultural
ranges of ICCs/IPs who are still nomadic Communities/Indigenous Peoples - refer to a
and/or shifting cultivators; group of people or homogenous societies
identified by self-ascription and ascription
b) Ancestral Lands - Subject to Section 56 by other, who have continuously lived as
hereof, refers to land occupied, possessed organized community on communally
and utilized by individuals, families and bounded and defined territory, and who
clans who are members of the ICCs/IPs have, under claims of ownership since time
since time immemorial, by themselves or immemorial, occupied, possessed customs,
through their predecessors-in-interest, under tradition and other distinctive cultural traits,
claims of individual or traditional group or who have, through resistance to political,
ownership,continuously, to the present social and cultural inroads of colonization,
except when interrupted by war, force non-indigenous religions and culture,
majeure or displacement by force, deceit, became historically differentiated from the
stealth, or as a consequence of government majority of Filipinos. ICCs/IPs shall
projects and other voluntary dealings entered likewise include peoples who are regarded
into by government and private as indigenous on account of their descent
individuals/corporations, including, but not from the populations which inhabited the
limited to, residential lots, rice terraces or country, at the time of conquest or
paddies, private forests, swidden farms and colonization, or at the time of inroads of
tree lots; non-indigenous religions and cultures, or the
establishment of present state boundaries,
c) Certificate of Ancestral Domain Title - who retain some or all of their own social,
refers to a title formally recognizing the economic, cultural and political institutions,
rights of possession and ownership of but who may have been displaced from their
ICCs/IPs over their ancestral domains traditional domains or who may have
identified and delineated in accordance with resettled outside their ancestral domains;
this law;
i) Indigenous Political Structure - refer to
d) Certificate of Ancestral Lands Title organizational and cultural leadership
- refers to a title formally recognizing the systems, institutions, relationships, patterns
rights of ICCs/IPs over their ancestral lands; and processed for decision-making and
participation, identified by ICCs/IPs such as,
but not limited to, Council of Elders,
e) Communal Claims - refer to claims on
land, resources and rights thereon, belonging Council of Timuays, Bodong Holder, or any
to the whole community within a defined other tribunal or body of similar nature;
territory
j) Individual Claims - refer to claims on land
and rights thereon which have been
f) Customary Laws - refer to a body of
written and/or unwritten rules, usages, devolved to individuals, families and clans
customs and practices traditionally and including, but not limited to, residential lots,
rice terraces or paddies and tree lots;
continually recognized, accepted and
observed by respective ICCs/IPs;
k) National Commission on Indigenous Section 4. Concept of Ancestral Lands/Domains. -
Peoples (NCIP) - refers to the office created Ancestral lands/domains shall include such concepts
under this Act, which shall be under the of territories which cover not only the physical
Office of the President, and which shall be environment but the total environment including the
the primary government agency responsible spiritual and cultural bonds to the area which the
for the formulation and implementation of ICCs/IPs possess, occupy and use and to which they
policies, plans and programs to recognize, have claims of ownership.
protect and promote the rights of ICCs/IPs;
Section 5. Indigenous Concept of Ownership. -
l) Native Title - refers to pre-conquest rights Indigenous concept of ownership sustains the view
to lands and domains which, as far back as that ancestral domains and all resources found therein
memory reaches, have been held under a shall serve as the material bases of their cultural
claim of private ownership by ICCs/IPs, integrity. The indigenous concept of ownership
have never been public lands and are thus generally holds that ancestral domains are the
indisputably presumed to have been held ICC's/IP's private but community property which
that way since before the Spanish Conquest; belongs to all generations and therefore cannot be
sold, disposed or destroyed. It likewise covers
m) Nongovernment Organization - refers to sustainable traditional resource rights.
a private, nonprofit voluntary organization
that has been organized primarily for the Section 6. Composition of Ancestral
delivery of various services to the ICCs/IPs Lands/Domains. - Ancestral lands and domains shall
and has an established track record for consist of all areas generally belonging to ICCs/IPs as
effectiveness and acceptability in the referred under Sec. 3, items (a) and (b) of this Act.
community where it serves;
Section 7. Rights to Ancestral Domains. - The rights
n) People's Organization - refers to a of ownership and possession of ICCs/IPs t their
private, nonprofit voluntary organization of ancestral domains shall be recognized and protected.
members of an ICC/IP which is accepted as Such rights shall include:
representative of such ICCs/IPs;
a. Rights of Ownership.- The right to claim
o) Sustainable Traditional Resource Rights ownership over lands, bodies of water
- refer to the rights of ICCs/IPs to traditionally and actually occupied by
sustainably use,manage, protect and ICCs/IPs, sacred places, traditional hunting
conserve a) land, air, water, and minerals; b) and fishing grounds, and all improvements
plants, animals and other organisms; c) made by them at any time within the
collecting, fishing and hunting grounds; d) domains;
sacred sites; and e) other areas of economic,
ceremonial and aesthetic value in b. Right to Develop Lands and Natural
accordance with their indigenous Resources. - Subject to Section 56 hereof,
knowledge, beliefs, systems and practices; right to develop, control and use lands and
and territories traditionally occupied, owned, or
used; to manage and conserve natural
p) Time Immemorial - refers to a period of resources within the territories and uphold
time when as far back as memory can go, the responsibilities for future generations; to
certain ICCs/IPs are known to have benefit and share the profits from allocation
occupied, possessed in the concept of owner, and utilization of the natural resources found
and utilized a defined territory devolved to therein; the right to negotiate the terms and
them, by operation of customary law or conditions for the exploration of natural
inherited from their ancestors, in accordance resources in the areas for the purpose of
with their customs and traditions. ensuring ecological, environmental
protection and the conservation measures,
CHAPTER III pursuant to national and customary laws; the
RIGHTS TO ANCESTRAL DOMAINS right to an informed and intelligent
participation in the formulation and
implementation of any project, government
or private, that will affect or impact upon the e. Right to Regulate Entry of Migrants. -
ancestral domains and to receive just and Right to regulate the entry of migrant settlers
fair compensation for any damages which and organizations into the domains;
they sustain as a result of the project; and the
right to effective measures by the f. Right to Safe and Clean Air and Water. -
government to prevent any interfere with, For this purpose, the ICCs/IPs shall have
alienation and encroachment upon these access to integrated systems for the
rights; management of their inland waters and air
space;
c. Right to Stay in the Territories- The right
to stay in the territory and not be removed g. Right to Claim Parts of Reservations. -
therefrom. No ICCs/IPs will be relocated The right to claim parts of the ancestral
without their free and prior informed domains which have been reserved for
consent, nor through any means other than various purposes, except those reserved and
eminent domain. Where relocation is intended for common and public welfare and
considered necessary as an exceptional service; and
measure, such relocation shall take place
only with the free and prior informed
h. Right to Resolve Conflict. - Right to
consent of the ICCs/IPs concerned and resolve land conflicts in accordance with
whenever possible, they shall be guaranteed customary laws of the area where the land is
the right to return to their ancestral domains,
located, and only in default thereof shall the
as soon as the grounds for relocation cease
complaints be submitted to amicable
to exist. When such return is not possible, as
settlement and to the Courts of Justice
determined by agreement or through
whenever necessary.
appropriate procedures, ICCs/IPs shall be
provided in all possible cases with lands of
quality and legal status at least equal to that Section 8. Rights to Ancestral Lands. - The right of
of the land previously occupied by them, ownership and possession of the ICCs/IPs, to their
suitable to provide for their present needs ancestral lands shall be recognized and protected.
and future development. Persons thus
relocated shall likewise be fully a. Right to transfer land/property. - Such
compensated for any resulting loss or injury; right shall include the right to transfer land
or property rights to/among members of the
d. Right in Case of Displacement. - In case same ICCs/IPs, subject to customary laws
displacement occurs as a result of natural and traditions of the community concerned.
catastrophes, the State shall endeavor to
resettle the displaced ICCs/IPs in suitable b. Right to Redemption. - In cases where it is
areas where they can have temporary life shown that the transfer of land/property
support system: Provided, That the displaced rights by virtue of any agreement or devise,
ICCs/IPs shall have the right to return to to a non-member of the concerned ICCs/IPs
their abandoned lands until such time that is tainted by the vitiated consent of the
the normalcy and safety of such lands shall ICCs/IPs,or is transferred for an
be determined: Provided, further, That unconscionable consideration or price, the
should their ancestral domain cease to exist transferor ICC/IP shall have the right to
and normalcy and safety of the previous redeem the same within a period not
settlements are not possible, displaced exceeding fifteen (15) years from the date of
ICCs/IPs shall enjoy security of tenure over transfer.
lands to which they have been resettled:
Provided, furthermore, That basic services Section 9. Responsibilities of ICCs/IPs to their
and livelihood shall be provided to them to Ancestral Domains. - ICCs/IPs occupying a duly
ensure that their needs are adequately certified ancestral domain shall have the following
addressed: responsibilities:
d. Office on Socio-Economic Services and Section 48. Regional and Field Offices. - Existing
Special Concerns - The Office on Socio- regional and field offices shall remain to function
Economic Services and Special Concerns under the strengthened organizational structure of the
shall serve as the Office through which the NCIP. Other field office shall be created wherever
NCIP shall coordinate with pertinent appropriate and the staffing pattern thereof shall be
government agencies specially charged with determined by the NCIP: Provided, That in provinces
the implementation of various basic socio- where there are ICCs/IPs but without field offices,
economic services, policies, plans and the NCIP shall establish field offices in said
programs affecting the ICCs/IPs to ensure provinces.
that the same are properly and directly
enjoyed by them. It shall also be responsible Section 49. Office of the Executive Director. - The
for such other functions as the NCIP may NCIP shall create the Office of the Executive
deem appropriate and necessary; Director which shall serve as its secretariat. The
office shall be headed by an Executive Director who
e. Office of Empowerment and Human shall be appointed by the President of the Republic of
Rights - The Office of Empowerment and the Philippines upon the recommendation of the
Human Rights shall ensure that indigenous NCIP on a permanent basis. The staffing pattern of
socio- political, cultural and economic rights the office shall be determined by the NCIP subject to
are respected and recognized. It shall ensure existing rules and regulations.
that capacity building mechanisms are
instituted and ICCs/IPs are afforded every Section 50. Consultative Body. - A body consisting
opportunity, if they so choose, to participate of the traditional leaders, elders and representatives
in all level decision-making. It shall likewise from the women and youth sectors of the different
ensure that the basic human rights, and such ICCs/IPs shall be constituted by the NCIP from the
other rights as the NCIP may determine, time to time to advise it on matters relating to the
subject to existing laws, rules and problems, aspirations and interests of the ICCs/IPs.
regulations are protected and promoted;
CHAPTER VIII
f. Administrative Office - The DELINEATION AND RECOGNITION OF
Administrative Office shall provide the ANCESTRAL DOMAINS
NCIP with economical, efficient and
effective services pertaining to personnel,
Section 51. Delineation and Recognition of
finance, records, equipment, security, Ancestral Domains.- Self-delineation shall be
supplies, and related services. It shall also
guiding principle in the identification and delineation
administer the Ancestral Domains Fund; and
of ancestral domains. As such, the ICCs/IPs
concerned shall have a decisive role in all the
activities pertinent thereto. The Sworn Statement of
the Elders as to the Scope of the territories and of elders or community under oath, and
agreements/pacts made with neighboring ICCs/IPs, if other documents directly or indirectly
any, will be essential to the determination of these attesting to the possession or occupation of
traditional territories. The Government shall take the the area since time immemorial by such
necessary steps to identify lands which the ICCs/IPs ICCs/IPs in the concept of owners which
concerned traditionally occupy and guarantee shall be any one (1) of the following
effective protection of their rights of ownership and authentic documents:
possession thereto. Measures shall be taken in
appropriate cases to safeguard the rights of the 1. Written accounts of the ICCs/IPs
ICCs/IPs concerned to land which may no longer be customs and traditions;
exclusively occupied by them, but to which they have
traditionally had access for their subsistence and
2. Written accounts of the ICCs/IPs
traditional activities, particularly of ICCs/IPs who are
political structure and institution;
still nomadic and/or shifting cultivators.
3. Pictures showing long term
Section 52. Delineation Process. - The identification
occupation such as those of old
and delineation of ancestral domains shall be done in
improvements, burial grounds,
accordance with the following procedures:
sacred places and old villages;
Section 73. Persons Subject to Punishment. - If the Section 76. Transfer of Assets/Properties. - All real
offender is a juridical person, all officers such as, but and personal properties which are vested in, or
not limited to, its president, manager, or head of belonging to, the merged offices as aforestated shall
office responsible for their unlawful act shall be be transferred to the NCIP without further need of
criminally liable therefor, in addition to the conveyance, transfer or assignment and shall be held
cancellation of certificates of their registration and/or for the same purpose as they were held by the former
license: Provided, That if the offender is a public offices: Provided, That all contracts, records and
official, the penalty shall include perpetual documents shall be transferred to the NCIP. All
disqualification to hold public office. agreements and contracts entered into by the merged
offices shall remain in full force and effect unless
CHAPTER XII otherwise terminated, modified or amended by the
MERGER OF THE OFFICE FOR NORTHERN NCIP.
CULTURAL COMMUNITIES (ONCC) AND
THE OFFICE FOR SOUTHERN CULTURAL Section 77. Placement Committee. - Subject to rules
COMMUNITIES (OSCC) on government reorganization, a Placement
Committee shall be created by the NCIP, in
Section 74. Merger of ONCC/OSCC. - The Office coordination with the Civil Service Commission,
for Northern Cultural Communities (ONCC) and the which shall assist in the judicious selection and
Office of Southern Cultural Communities (OSCC), placement of personnel in order that the best qualified
created under Executive Order Nos. 122-B and 122-C and most deserving persons shall be appointed in the
respectively, are hereby merged as organic offices of reorganized agency. The placement Committee shall
the NCIP and shall continue to function under a be composed of seven (7) commissioners and an
revitalized and strengthened structures to achieve the ICCs/IPs representative from each of the first and
objectives of the NCIP: Provided, That the positions second level employees association in the Offices for
of Regional Directors and below, are hereby phased- Northern and Southern Cultural Communities
out upon the effectivity of this Act: Provided, further, (ONCC/OSCC), nongovernment organizations
That officials and employees of the phased-out (NGOs) who have served the community for at least
offices who may be qualified may apply for five (5) years and peoples organizations (POs) with at
reappointment with the NCIP and may be given prior least five (5) years of existence. They shall be guided
by the criteria of retention and appointment to be Official Gazette or in any two (2) newspapers of
prepared by the consultative body and by the general circulation.
pertinent provisions of the civil service law.
Approved: 29 October 1997.
CHAPTER XIII
FINAL PROVISIONS