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PRESIDENTIAL DECREE NO.

705

REVISED FORESTRY CODE
[REVISING PRESIDENTIAL DECREE NO. 389,
OTHERWISE KNOWN AS
THE FORESTRY REFORM CODE OF THE PHILIPPINES]

WHEREAS, proper classification, management and utilization of the lands of the public domain to maximize their productivity to meet the demands
of our increasing population is urgently needed;

WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization
thereof to optimize the benefits that can be derived therefrom;

WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but more so on the protection, rehabilitation and development
of forest lands, in order to ensure the continuity of their productive condition;

WHEREAS, the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs,
projects and efforts on the proper classification and delimitation of the lands of the public domain, and the management, utilization, protection,
rehabilitation, and development of forest lands;

Section 1
Title of this Code
This decree shall be known as the "Revised Forestry Code of the Philippines."

Section 2
Policies
The State hereby adopts the following policies
a. The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the advancement of science and
technology, and the public welfare;
b. Land classification and survey shall be systematized and hastened;
c. The establishment of wood-processing plants shall be encouraged and rationalized; and
d. The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition.

Section 3
Definitions
a. Public forest is the mass of lands of the public domain which has not been the subject of the present system of classification for the determination
of which lands are needed for forest purposes and which are not.
b. Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of the present system of classification and
determined to be needed for forest purposes.
c. Alienable and disposable lands refer to those lands of the public domain which have been the subject of the present system of classification and
declared as not needed for forest purposes.
d. Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations.
e. Grazing land refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the
raising of livestock.
f. Mineral lands refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with
prescribed and approved criteria, guidelines and procedure.
g. Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes.
h. National park refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or
occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to
provide enjoyment of these features in such a manner as will leave them unimpaired for future generations.
i. Game refuge or bird sanctuary refers to a forest land designated for the protection of game animals, birds and fishes and closed to hunting and
fishing in order that the excess population may flow and restock surrounding areas.
j. Marine park refers to any public offshore area delimited as habitat of rare and unique species of marine flora and fauna.
k. Seashore park refers to any public shore area delimited for outdoor recreation, sports fishing, water skiing and related healthful activities.
l. Watershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce
sedimentation.
m. Watershed is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off.
n. Critical watershed is a drainage area of a river system supporting existing and proposed hydro-electric power, irrigation works or domestic water
facilities needing immediate protection or rehabilitation.
o. Mangrove is a term applied to the type of forest occurring on tidal flat along the sea coast, extending along stream where the water is brackish.
p. Kaingin refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation.
q. Forest product means, timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey beeswax, nipa, rattan, or other forest growth such
as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands.
r. Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red lauan, tanguile, tiaong, white lauan, almon, bagtikan and
mayapis of the Philippine mahogany, group, apitong and the yakals.
s. Pine forest is a forest type predominantly of pine trees.
t. Industrial tree plantation refers to any forest land extensively planted to tree crops primarily to supply raw material requirements of existing or
proposed wood processing plants and related industries.
u. Tree farm refers to any small forest land or tract of land purposely planted to tree crops.
v. Agro-forestry is a sustainable management for land which increases overall production, combines agricultural crops, tree and forest plants and/or
animals simultaneously or sequentially, and applies management practices which are compatible with the cultural patterns of the local population.
w. Multiple-use is the harmonized utilization of the land, soil, water, wildlife, recreation value, grass and timber of forest lands.
x. Selective logging is the systematic removal of the mature, over-mature and defective trees in such manner as to leave adequate number and volume
of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil;
water and wildlife.
y. Seed tree system is a silvicultural system characterized by partial clearcutting leaving seed trees to regenerate the area.
z. Healthy residual refers to a sound or slightly injured tree of the commercial species left after logging.
aa. Sustained-yield management implies continuous or periodic production of forest products in a working unit for the purpose of achieving at the
earliest practicable time an approximate balance between growth and harvest or use. This is generally applied to the commercial timber resources and
is also applicable to the water, grass, wildlife, and other renewable resources of the forest.
bb. Processing plant is any mechanical setup, device, machine or combination of machines used for the conversion of logs and other forest raw
materials into lumber, veneer, plywood, fiberboard, blackboard, paper board, pulp, paper or other finished wood products.
cc. Lease is a privilege granted by the State to a person to occupy and possess, in consideration of specified rental, any forest land of the public
domain in order to undertake any authorized activity therein.
dd. License is a privilege granted by the State to a person to utilize forest resources within any forest land, without any right of occupation and
possession over the same, to the exclusion of others, or establish and operate a wood-processing plant, or conduct any activity involving the utilization
of any forest resources.
ee. License agreement is a privilege granted by the State to a person to utilize forest resources within any forest land with the right of possession and
occupation thereof to the exclusion of others, except the government, but with the corresponding obligation to develop, protect and rehabilitate the
same in accordance with the terms and conditions set forth in said agreement.
ff. Permit is short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity
within any forest land without any right to occupation and possession therein.
gg. Annual allowable cut is the volume of materials, whether of wood or other forest products, that is authorized to be cut yearly from a forest.
hh. Cutting cycle is the number of years between two major harvests in the same working unit and/or region.
ii. Forest ecosystem refers to the living and non-living components of a forest and their inter-action.
jj. Silviculture is the establishment, development, reproduction and care of forest trees.
kk. Rationalization is the organization of a business or industry using management principles, systems and procedures to attain stability, efficiency and
profitability of operation.
ll. Forest officer means any official or employee of the Bureau who has been appointed or delegated by law or by competent authority to execute,
implement or enforce the provisions of this Code, other related laws, as well as their implementing regulations.
mm. Private right means or refers to titled rights of ownership under existing laws, and in the case of national minority to rights or possession existing
at the time a license is granted under this Code, which possession may include places of abode and worship, burial grounds, and old clearings, but
exclude productive forest inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of economic values.
nn. Person includes natural as well as juridical person. [As amended by PD No. 1559]
Section 5
Jurisdiction of Bureau
The Bureau shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations including watershed reservations
presently administered by other government agencies or instrumentalities.
It shall be responsible for the protection, development, management, regeneration and reforestation of forest lands; the regulation and supervision of
the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof; the
implementation of multiple use and sustained yield management in forest lands; the protection, development and preservation of national parks,
marine parks, game refuges and wildlife; the implementation of measures and programs to prevent kaingin and managed occupancy of forest and
grazing lands; in collaboration with other bureaus, the effective, efficient and economic classification of lands of the public domain; and the
enforcement of forestry, reforestation, parks, game and wildlife laws, rules and regulations.
The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants and conduct
studies of domestic and world markets of forest products.
Section 20
License Agreement, License, Lease or Permit
No person may utilize, exploit, occupy, possess or conduct any activity within any forest and grazing land, or establish, install, add and operate any
wood or forest products processing plant, unless he had been authorized to do under a license agreement, license, lease or permit: Provided, That
when the national interest so requires, the President may amend, modify, replace, or rescind any contract, concession, permit, license, or any other
form of privilege granted herein: Provided, further, That upon the recommendation of the appropriate government agency, the President may, pending
the conduct of appropriate hearing, order the summary suspension of any such contract, concession, license, permit, lease or privilege granted under
this decree for violation of any of the conditions therein such as those pertaining but not limited to reforestation, pollution, environment protection,
export limitation or such condition as are prescribed by the Department of Natural Resources in daily issued regulations.
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Section 78
Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License
Any person who shall cut, gather, collect, remove timber or other forest products from any forestland, or timber from alienable or disposable public
land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required under existing
forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the
case of partnership, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such
officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and
Deportation.
The Court shall further order the confiscation in favor of the government of the timber or any forest products cut, gathered, collected, removed, or
possessed, as well as the machinery, equipment, implements and tools illegally used in the area where the timber or forest products are found.

[ Republic Act No. 9175]
AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAINSAWS, PENALIZING VIOLATIONS THEREOF AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SEC. 1. Title. - This Act shall be known as the "Chainsaw Act of 2002".

SEC. 2. Declaration of Policy. - It is the policy of the State, consistent with the Constitution, to conserve, develop and protect the forest resources
under sustainable management. Toward this end, the State shall pursue an aggressive forest protection program geared towards eliminating illegal
logging and other forms of forest destruction which are being facilitated with the use of chainsaws. The State shall therefore regulate the ownership,
possession, sale, transfer, importation and/or use of chainsaws to prevent them from being used in illegal logging or unauthorized clearing of forests.

SEC. 3. Definition of Terms. - As used in this Act, the term:

a. "Chainsaw" shall refer to any portable power saw or similar cutting implement, rendered operative by an electric or internal combustion engine or
similar means, that may be used for, but is not limited to, the felling of trees or the cutting of timber;

b. "Chainsaw dealer" shall refer to a person, natural or juridical, engaged in the manufacture, importation, distribution, purchase and/or sale of
chainsaws.

c. "Department" shall refer to the Department of Environment and Natural Resources ; and

d. "Secretary" shall refer to the Secretary of the Department of Environment and Natural Resources.

SEC. 4. Persons Authorized to Manufacture, Sell, and Import Chainsaws. - Chainsaws shall only be sold and/or imported by manufacturers, dealers
and/or private owners who are duly authorized by the Department.

SEC. 5. Persons Authorized to Possess and Use a Chainsaw. - The Department is hereby authorized to issue permits to possess and/or use a chainsaw
for the felling and/or cutting of trees, timber and other forest or agro-forest products to any applicant who:

a. has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit;

b. is an orchard and fruit tree farmer;

c. is an industrial tree farmer;
d. is a licensed wood processor and the chainsaw shall be used for the cutting of timber that has been legally sold to said applicant; or

e. shall use the chainsaw for a legal purpose.

Agencies of the government that use chainsaws in some aspects of their functions must likewise secure the necessary permit from the Department
before operating the same.

SEC. 6. Registration of Chainsaws. - Within a period of three (3) months from effectivity hereof, all persons who own or are otherwise in possession of
chainsaws must register the same with the Department, through any of its Community Environment and Natural Resources Office, which shall issue the
corresponding registration certificate or permit if it finds such persons to be qualified hereunder.

Every permit to possess and/or use a chainsaw for legitimate purpose shall be valid for two (2) years upon issuance: Provided, that permits to possess
and use chainsaw issued to non-commercial orchard and fruit tree farmers shall be valid for a period of five (5) years upon issuance. For this purpose,
the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act.

SEC. 7. Penal Provisions.

1. Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chainsaw Without a Proper Permit. - Any person who sells, purchases,
transfers the ownership, distributes, or otherwise disposes or possesses a chainsaw without first securing the necessary permit from the Department
shall be punished with imprisonment of four (4) years, two (2) months and one (1 ) day to six years or a fine of not less than Fifteen thousand pesos
(PhP 15,000.00) but not more than Thirty thousand pesos (PhP 30,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in
favor of the government.

2. Unlawful Importation or Manufacturing of Chainsaw. - Any person who imports or manufactures a chainsaw without obtaining prior authorization
from the Department shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One
thousand pesos (PhP 1,000.00) nor more than four thousand pesos (PhP 4,000.00).

3. Tampering of Engine serial Number. - Any person who is found to have defaced or tampered with the original registered engine serial number of any
chainsaw unit shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than one thousand
pesos (PhP 1,000.00) nor more than Four thousand pesos (PhP 4,000.00).

4. Actual Unlawful Use of Chainsaw. - Any person who is found to be in possession of a chainsaw and uses the same to cut trees and timber in forest
land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a
fine of not less than Thirty thousand pesos (PhP 30,000.00) but not more than Fifty thousand pesos (PhP 50,000.00) or both at the discretion of the
court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. The chainsaw unlawfully used shall
be likewise confiscated in favor of the government.

If the violation under this Section is committed by or through the command or order of another person, partnership or corporation, the penalties
herein provided shall likewise be imposed on such other person, or the responsible officer/s in such partnership or corporation.

If the offender is a public official or employee, in addition to the above penalties, he shall be removed from office and perpetually qualified from
holding any public office.

The chainsaws confiscated under this Section shall be sold at public auction to qualified buyers and the proceeds thereof shall go to the Department.

SEC. 8. Reward. Any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chainsaw and the conviction of
persons charged thereof shall be entitled to a reward equivalent to twenty (20%) of the value of the chainsaw unit/s. The Department is authorized to
include in its budget the amount necessary to carry out the purpose of this section.

SEC. 9. Authority of the Secretary. - To effectively implement the provisions of this Act, the Secretary shall issue the implementing rules and
regulations within ninety (90) days upon approval of this Act. He shall likewise organize an office within the Department to ensure that the
requirements imposed by this Act may be complied with qualified persons, within the shortest possible time, at the least possible expense.

In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan Council for Sustainable Development pursuant to Republic
act No. 7611 or the Strategic Environmental Plan for Palawan.

SEC. 10. Revocation of Registration and Permit. The Secretary may revoke any Certificate of Registration or permit previously issued to a person found
violating the provisions of this Act, or the rules and regulations issued pursuant thereto.




EXECUTIVE ORDER NO. 318 February 12, 1988
AMENDING SECTIONS 2 (a-i) AND 3 (a) OF EXECUTIVE ORDER NO. 308, "PROVIDING FOR THE REORGANIZATION OF THE REGIONAL DEVELOPMENT
COUNCILS"
WHEREAS, there is a need to provide for a wider membership of the Regional Consultative Assemblies to make these more effective as deliberate and
consultative bodies to advise, assist, support and cooperate with the Regional Development Councils in discharging their functions.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Sec. 1. Section 2 (a-i) of Executive Order No. 308 providing for the reorganization of the Regional Development Councils is hereby amended to read as
follows:
"(i) All provincial Governors and Mayors of chartered cities; Mayors of municipalities designated as Provincial Capital of provinces where
there are no chartered cities; and Mayors of the regional center in each region;"
Sec. 2. Section 3 (a) is hereby amended to read as follows:
"Sec. 3. Regional Consultative Assembly. To strengthen further coordinative and consultative efforts in the region, there is hereby created in
every region a Regional Consultative Assembly herein referred to as the Assembly to serve as a deliberative and consultative body to advise,
assist, support and cooperate with the Council in discharging its functions.
a. Membership in the Assembly. The Assembly shall be composed of the members of the House of Representatives of the Philippine
Congress representing the provinces and districts of the region when authorized by Resolution of the House; members of the
Regional Development Council and its sectoral committees; heads of other national government agencies in the region; and upon
invitation of the Council, representatives of non-government organizations, sectarian organizations and the academe in the region
nominated by the said entities.
The assembly may meet as often as necessary but not less than once a semester."
Sec. 3. Section 4 is hereby amended to read as follows:
"Sec. 4. Chairmanship of the Council. The Council shall be headed by a Chairman who shall be appointed by the President. The President shall
appoint a Co-Chairman to exercise such functions as the President may designate, provided that the co-chairman comes from the private
sector if the chairman is from the public sector or vice-versa. The Regional Director of the NEDA Secretariat shall be Vice-Chairman of the
Council.
The Chairman and Vice-Chairman of the Council shall be the ex-officio Chairman and Vice-Chairman, respectively, of the Assembly."

EXECUTIVE ORDER NO. 23
DECLARING A MORATORIUM ON THE CUTTING AND HARVESTING OF TIMBER IN THE NATURAL AND RESIDUAL FORESTS AND CREATING THE ANTI-
ILLEGAL LOGGING TASK FORCE

WHEREAS, the entire country has been a witness to the ever-changing climatic conditions brought about by the La Nia phenomenon;
WHEREAS, the destructive effects of the phenomenon on the environment are apparent in many regions in the country and it is an accepted fact that
the effects are worsened due to the continuous denudation of the forest zones;
WHEREAS, the watersheds and the river systems supporting existing or proposed hydroelectric power facilities, irrigation works or existing water
facilities are in need of immediate protection and rehabilitation;
WHEREAS, it is the obligation of the State to protect the remaining forest cover areas of the country not only to prevent flash floods and hazardous
flooding but also to preserve biodiversity, protect threatened habitats and sanctuaries of endangered and rare species, and allow natural regeneration
of residual forests and development of plantation forests;
WHEREAS, it is imperative to arrest the degradation, pollution and contamination of the river and water systems and to stem the wanton destruction
of the forest resources;
WHEREAS, Article XII, Sec. 2 of the 1987 Philippine Constitutional provides that the exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State.

Section 1. Definition of Terms. For the purpose of this Executive Order, the following terms shall be defined:
1.1 Forest Land - it includes public forest, permanent forest or forest reserves, and forest reservations.
1.2 Natural and Residual Forests- are forests composed of indigenous trees, not planted by man.
1.3 Plantation Forest is a forest where the trees were planted pursuant to a management agreement with the DENR.
1.4 Integrated Forest Management Agreement (IFMA) is a production sharing contract entered into by and between the DENR and a qualified
applicant wherein the DENR grants to the latter exclusive right to develop, manage, protect and utilize a specified area of forest land and forest
resources therein for a specified period consistent with the principle of sustainable development and in accordance with an approved Comprehensive
Development and Management Plan (CDMP).
1.5 Socialized Integrated Forest Management Agreement (SIFMA) is an agreement entered into by and between a natural or juridical person and the
DENR wherein the latter grants to the former the right to develop, utilize and manage a small tract of forest land consistent with the principle of
sustainable development.
1.6 Community-Based Forest Management (CBFMA) is an agreement entered into by and between the government and the local community in a
locality, represented by a peoples organization as forest managers, for a specific period wherein the local community is allowed to develop, utilize and
manage a small tract of forest land consistent with the principle of sustainable development.
1.7 National Greening Program is a DA-DENR-DAR Convergence Initiative anchored on the governments goal of poverty reduction, food, security,
climate change adaptation and mitigation.
Section 2. Moratorium on the Cutting and Harvesting of Timber in the Natural Forests A moratorium on the cutting and harvesting of timber in the
natural and residual forests of the entire country is hereby declared unless lifted after the effectivity of this Executive Order. In order to implement this
policy, the following are hereby instituted:
2.1 The DENR is henceforth hereby prohibited form issuing logging contracts/agreements in all natural and residual forests, such as Integrated Forest
Management Agreements (IFMA), Socialized Integrated Forest Management Agreements (SIFMA), Community-Based Forest Management Agreement
(CBFMA) and other agreements/contracts with logging components in natural and residual forests;
2.2 The DENR is likewise prohibited from issuing/renewing tree cutting permits in all natural and residual forests nationwide, except for clearing of road
right of way by the DPWH, site preparation for tree plantations, silvicultural treatment and similar activities, provided that all logs derived from the said
cutting permits shall be turned over to the DENR for proper disposal. Tree cutting associated with cultural practices pursuant to the indigenous Peoples
Right Act (IPRA Law) may be allowed only subject to strict compliance with existing guidelines of the DENR;
2.3 The DENR shall review/evaluate all existing IFMAs, SIFMAs, CBFMAs and other forestry agreements/contacts and immediately terminate/cancel the
agreements of those who have violated the terms and conditions of their contracts/agreements as well as existing forest laws, rules and regulations at
least twice. Furthermore, said agreements shall likewise be immediately terminated/cancelled if the holders thereof engage in logging activities in any
natural or residual forest or abet the commission of the same;
2.4 The DENR shall strictly implement a forest certification system in accordance with the United Nations standard/guidelines to ascertain the
sustainability of legal sources and chain of custody of timber and wood products, nationwide;
2.5 The DENR shall close and not allow to operate all sawmills, veneer plants and other wood processing plants who are unable to present proof of
sustainable sources of legally cut logs for a period of at least five (5) years within one month from effectivity of this Executive Order:
2.6 The DENR through the DA-DENR-DAR Convergence Initiative, shall develop a National Greening Program NGP in cooperation with the Department
of Education (DepEd) and the Commission on Higher Education (CHED) to initiate the educational drive campaign; the Department of Interior and Local
Government (DILG) to help in establishing communal tree farms for firewood and other purposes; the Department of Social Welfare and Development
(DSWD) to identify the upland farmers covered by the NGP as priority beneficiaries of the conditional cash transfer program; the Department of Budget
and Management (DBM) to provide the funds for the production of quality seedlings for the NGP from available funds of the government; and the
private sector and other concerned agencies/institutions to raise funds and resources for tree planting.
2.7 The Department of Education shall be given priority in the use of all confiscated logs.

EXECUTIVE ORDER NO. 26
DECLARING AN INTERDEPARTMENTAL CONVERGENCE INITIATIVE FOR A NATIONAL GREENING PROGRAM

WHEREAS, poverty reduction, resource conservation and protection, productivity enhancement, climate change mitigation and adaptation, are among
the priority programs of the government;
WHEREAS, there is a need to consolidate and harmonize all greening efforts such as Upland Development Program, Luntiang Pilipinas and similar
initiatives of the government, civil society and private sector under a National Greening Program;
WHEREAS, the Department of Environment and Natural Resources (DENR) is the primary agency responsible for the conservation, management,
development and proper use of the countrys environmental and natural resources;
WHEREAS, the Department of Agriculture (DA) is the lead agency to boost farmers income and reduce poverty in the rural sector;
WHEREAS, the Department of Agrarian Reform (DAR) is the lead agency in the implementation of agrarian reform and sustainable rural development
programs;
WHEREAS, the DA, DENR, DAR pursuant to Joint Memorandum Circular No. 1 series 2010 have adopted a Convergence Initiative to integrate and
strengthen development framework between and among national government, local government agencies and other stakeholders, wherein
complementary human, physical and financial resources are efficiently and effectively deployed;
Section 1. Declaration of Policy. It is the policy of the State to pursue sustainable development for poverty reduction, food security, biodiversity
conservation, and climate change mitigation and adaptation.
Section 2. Coverage. The National Greening Program shall plant some 1.5 Billion trees covering about 1.5 Million hectares for a period of six (6) years
from 2011 to 2016, in the following lands of the public domain:
2.1 Forestlands
2.2 Mangrove and protected areas
2.3 Ancestral domains
2.4 Civil and military reservations
2.5 Urban areas under the greening plan of the LGUs
2.6 Inactive and abandoned mine sites; and
2.7 Other suitable lands
All other greening efforts of the private sector and civil society shall be harmonized under the NGP.
Section 3. Strategies. In order to ensure the successful implementation of the NGP, the following strategies shall be adopted:
3.1 Social Mobilization
3.1.1 All students, identified by the DepEd and CHED and all government employees shall be individually required to plant a minimum of ten (10)
seedlings per year in areas determined by the Convergence Initiative. Private sectors and civil society groups shall likewise be encouraged to participate
in the NGP.
3.1.2 With appropriate assistance from the government and the private sector, the Peoples Organizations (POs) shall be given the primary
responsibility of maintaining and protecting the established plantations.
3.2 Harmonization of Initiatives
3.2.1 All tree planting initiatives such as the Upland Development Program, Luntiang Pilipinas and similar activities of the government, private sector,
LGUs and the civil society shall be harmonized under the NGP.
3.2.2 All government institutions, especially DA, DAR, DENR, CHED and DepEd shall produce appropriate quality seedlings annually for the NGP.
Technical assistance shall be provided by DA, DENR, and DAR under the Convergence Initiative.
3.3 Provision of Incentives
3.3.1 All proceeds from agroforestry plantations, duly accounted by the DENR, shall accrue to the NGP beneficiary communities to address food
security and poverty reduction.
3.3.2 NGP beneficiary communities shall be considered priority in the Conditional Cash Transfer (CCT) Program.
3.3.3 Appropriate incentives shall be developed by the Convergence Initiative to encourage rainforestation, particularly in the protected area.
3.4 Monitoring and Management of Database
3.4.1 The DA, DAR, DENR, shall develop a centralized database and provide regular monitoring and timely report on the progress of the NGP.
3.4.2 The Convergence Initiative shall engage the private sector, civil society and academe in the monitoring and evaluation of the NGP.




REPUBLIC ACT NO. 9147 July 30, 2001
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
Section 1. Title. This act shall be known as the "Wildlife Resources Conservation and Protection Act."
Section 2. Declaration of Policy. It shall be the policy of the State to conserve the country's wildlife resources and their habitats for sustainability. In the
pursuit of this policy, this Act shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their
habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
Section 3. Scope of Application. The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country, including
protected areas under Republic Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats.
This Act shall also apply to exotic species which are subject to trade, are cultured, maintained and/or bred in captivity or propagated in the country.
Section 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. The Department of Environment
and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and wetland species, including
but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared
aquatic critical habitats, all aquatic resources including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except
dugong. The secretaries of the DENR and the DA shall review, and by joint administrative order, revise and regularly update the list of species under
their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
CHAPTER II
DEFINITION OF TERMS
Section 5. Definition of Terms. As used in the Act, the term:
(a) "Bioprospecting" means the research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived
there from solely for commercial purposes;
(b) "By-product or derivatives" means any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals
and herbarium specimens;
(c) "Captive-breeding/culture or propagation" means the process of producing individuals under controlled conditions or with human interventions;
(d) "Collection or collecting" means the act of gathering or harvesting wildlife, its by-products or derivatives;
(e) "Conservation" means preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat;
(f) "Critically endangered species" refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future;
(g) "Economically important species" means species or subspecies which have actual or potential value in trade or utilization for commercial purpose;
(h) "Endangered species" refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors
continue operating;
(i) "Endemic species" Means species or subspecies which is naturally occurring and found only within specific areas in the country;
(j) "Exotic species" means species or subspecies which do not naturally occur in the country;
(k) "Export permit" refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other country;
(l) "Gratuitous permit" means permit issued to any individual or entity engaged in noncommercial scientific, or educational undertaking to collect
wildlife;
(m) "Habitat" means place or environment where species or subspecies naturally occur or has naturally established its population;
(n) "Import permit" refers to a permit authorizing an individual to bring in wildlife from another country;
(o) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has naturally established population in the country;
(p) "Introduction" means bringing species into the wild that is outside its natural habitat;
(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the country a previous imported wildlife;
(r) "Secretary" means either or both the Secretary of the Department of Environment and Natural Resources and the Secretary of the Department of
Agriculture;
(s) "Threatened species" a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted
categories of wildlife whose population is at risk of extinction;
(t) "Trade" means the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally
or internationally;
(u) "Traditional use" means utilization of wildlife by indigenous people in accordance with written or unwritten rules, usage, customs and practices
traditionally observed, accepted and recognized by them;
(v) "Transport permit" means a permit issued authorizing an individual to bring wildlife from one place to another within the territorial jurisdiction of
the Philippines;
(w) "Vulnerable species" refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors
throughout their range and is likely to move to the endangered category in the near future;
(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or
propagated;
(y) "Wildlife collector's permit" means a permit to take or collect from the wild certain species and quantities of wildlife for commercial purposes; and
(z) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and/or scientific
purposes.
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
ARTICLE ONE
General Provision
Section 6. Wildlife Information. All activities, as subsequently manifested under this Chapter, shall be authorized by the Secretary upon proper
evaluation of best available information or scientific data showing that the activity is, or for a purpose, not detrimental to the survival of the species or
subspecies involved and/or their habitat. For this purpose, the Secretary shall regularly update wildlife information through research.
Section 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with Section 6 of this Act:Provided, That in the collection of
wildlife, appropriate and acceptable wildlife collection techniques with least or no detrimental effects to the existing wildlife populations and their
habitats shall, likewise, be required: Provided, further, That collection of wildlife by indigenous people may be allowed for traditional use and not
primarily for trade: Provided, furthermore, That collection and utilization for said purpose shall not cover threatened species:Provided, finally, That
Section 23 of this Act shall govern the collection of threatened species.
Section 8. Possession of Wildlife. - No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and
technical capability and facility to maintain said wildlife: Provided,
That the source was not obtained in violation of this Act.
Section 9. Collection and/or Possession of By-Products and Derivatives. By-products and derivatives may be collected and/or possessed: Provided, That
the source was not obtained in violation of this Act.
Section 10. Local Transport of Wildlife, By-Products and Derivatives. - Local transport of wildlife, by-products and derivatives collected or possessed
through any other means shall be authorized unless the same is prejudicial to the wildlife and public health.
Section 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported to or imported from another country as may be authorized by
the Secretary or the designated representative, subject to strict compliance with the provisions of this Act and rules and regulations promulgated
pursuant thereto: Provided, That the recipient of the wildlife is technically and financially capable to maintain it.
Section 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. - The introduction, reintroduction or restocking of endemic
and indigenous wildlife shall be allowed only for population enhancement of recovery purposes subject to prior clearance from the Secretary of the
authorized representative pursuant to Section 6 of this Act. Any proposed introduction shall be subject to a scientific study which shall focus on the
bioecology. The proponent shall also conduct public consultations with concerned individuals or entities.
Section 13. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the country, unless a clearance from the Secretary or the
authorized representative is first obtained. In no case shall exotic species be introduced into protected areas covered by Republic Act No. 7586 and to
critical habitats under Section 25 hereof.
In cases where introduction is allowed, it shall be subject to environmental impact study which shall focus on the bioecology, socioeconomic and
related aspects of the area where the species will be introduced. The proponent shall also be required to secure the prior informed consent from the
local stakeholders.
Section 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an undertaking by any proponent, stipulating therein its compliance
with and commitment(s) to reasonable terms and conditions that may be imposed by the Secretary which are necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned agencies, before granting the necessary permit, shall require that
prior informed consent be obtained by the applicant from the concerned indigenous cultural communities, local communities, management board
under Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and scope of the bioprospecting activity in a
language and process understandable to the community. The prior informed consent from the indigenous peoples shall be obtained in accordance with
existing laws. The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall act on the research proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively involved in the research, collection and, whenever applicable and
appropriate in the technological development of the products derived from the biological and genetic resources.
Section 15. Scientific Researches on Wildlife. Collection and utilization of biological resources for scientific research and not for commercial purposes
shall be allowed upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized
representative: Provided, That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit: Provided, further,
That the last paragraph of Section 14 shall likewise apply.
Section 16. Biosafety - All activities dealing on genetic engineering and pathogenic organisms in the Philippines, as well as activities requiring the
importation, introduction, field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed in
accordance with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats.
Section 17. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or propagation of wildlife for commercial purposes shall be allowed
by the Secretary or the authorized representative pursuant to Section 6 through the issuance of wildlife farm culture permit: Provided, That only
progenies of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further: That commercial breeding operations for
wildlife, whenever appropriate, shall be subject to an environmental impact study.
Section 18. Economically Important Species. The Secretary, within one (1) year after the effectivity of this Act, shall establish a list of economically-
important species. A population assessment of such species shall be conducted within a reasonable period and shall be regularly reviewed and updated
by the Secretary.
The Collection of certain species shall only be allowed when the results of the assessment show that, despite certain extent of collection, the
population of such species can still remain viable and capable of recovering its numbers. For this purpose, the Secretary shall establish a schedule and
volume of allowable harvests.
Whenever an economically important species become threatened, any form of collection shall be prohibited except for scientific, educational or
breeding/propagation purposes, pursuant to the provisions of this Act.
Section 19. Designation of Management and Scientific Authorities for International Trade in Endangered Species of Wild Fauna and Flora. For the
implementation of International agreement on international trade in endangered species of wild fauna and fora, the management authorities for
terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic
Resources (BFAR) of the DA, respectively and that in the Province of Palawan the implementation hereof is vested to the Palawan Council for
Sustainable Development pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific authorities for terrestrial and aquatic/marine species. For the
terrestrial species, the scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of
Biological Sciences and the National Museum and other agencies as may be designated by the Secretary. For the marine and aquatic species, the
scientific authorities shall be the BFAR, the U.P. Marine Science Institute, U.P. Visayas, Siliman University and the National Museum and other agencies
as may be designated by the Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific authorities, and in the case of
marine and aquatic species, the U.P. Marine Science Institute shall chair the scientific authorities.
Section 20. Authority of the Secretary to Issue Permits. - The Secretary or the duly authorized representative, in order to effectively implement this Act,
shall issue permits/certifications/clearances with corresponding period of validity, whenever appropriate, which shall include but not limited to the
following:
(1) Wildlife farm or culture permit 3 to 5 years;
(2) Wildlife collector's permit 1 to 3 years;
(3) Gratuitous permit 1 year;
(4) Local transport permit 1 to 3 months; and
(5) Export/Import/Reexport permit 1 to 6 months.
These permits may be renewed subject to the guidelines issued by the appropriate agency and upon consultation with concerned groups.
Section 21. Fees and Charges. - Reasonable fees and charges as may be determined upon consultation with the concerned groups, and in the amount
fixed by the Secretary shall be imposed for the issuances of permits enumerated in the preceding section.
For the export of wildlife species, an export permit fee of not greater than three percentum (3%) of the export value, excluding transport costs, shall be
charged: Provided, however, That in the determination of aforesaid fee, the production costs shall be given due consideration. Cutflowers, leaves and
the like, produced from farms shall be exempted from the said export fee: Provided, further, That fees and charges shall be reviewed by the Secretary
every two (2) years or as the need arises and revise the same accordingly, subject to consultation with concerned sectors.
ARTICLE TWO
Protection of Threatened Species
Section 22. Determination of Threatened Species. - The Secretary shall determine whether any wildlife species or subspecies is threatened, and classify
the same as critically endangered, endangered, vulnerable or other accepted categories based on the best scientific data and with due regard to
internationally accepted criteria, including but not limited to the following:
(a) present or threatened destruction, modification or curtailment of its habitat or range;
(b) over-utilization for commercial, recreational, scientific or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened wildlife within one (1) year after effectivity of this Act. Thereafter, the
list shall be updated regularly or as the need arises: Provided, That a species listed as threatened shall not be removed there from within three (3) years
following its initial listing.
Upon filing of a petition based on substantial scientific information of any person seeking for the addition or deletion of a species from the list, the
Secretary shall evaluate in accordance with the relevant factors stated in the first paragraph of this section, the status of the species concerned and act
on said petition within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance with listed threatened wildlife, which species
shall likewise be categorized as threatened.
Section 23. Collection of Threatened Wildlife, By-products and Derivatives The collection of threatened wildlife, as determined and listed pursuant to
this Act, including its by-products and derivatives, shall be allowed only for scientific, or breeding or propagation purposes in accordance with Section 6
of this Act: Provided, That only the accredited individuals, business, research, educational or scientific entities shall be allowed to collect for
conservation breeding or propagation purposes.
Section 24. Conservation Breeding or Propagation of Threatened Species Conservation breeding or propagation of threatened species shall be
encouraged in order to enhance its population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or protection of the
habitat where the captive-bred or propagated species shall be released, reintroduced or restocked.
Commercial breeding or propagation of threatened species may be allowed provided that the following minimum requirements are met by the
applicant, to wit:
(a) Proven effective breeding and captive management techniques of the species; and
(b) Commitment to undertake commercial breeding in accordance with Section 17 of this Act, simultaneous with conservation breeding.
The Secretary shall prepare a list of threatened species for commercial breeding and shall regularly revise or update such list or as the need arises.
Section 25. Establishment of Critical Habitats. - Within two (2) years following the effectivity of this Act, The Secretary shall designate critical habitats
outside protected areas under Republic Act No. 7586, where threatened species are found. Such designation shall be made on the basis of the best
scientific data taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living in
the area, among others.
All designated, critical habitats shall be protected, in coordination with the local government units and other concerned groups, from any form of
exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such purpose, the Secretary may
acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct, establishment of easements or other
undertakings appropriate in protecting the critical habitat.
ARTICLE THREE
Registration of Threatened and Exotic Species
Section 26. Registration of Threatened and Exotic Wildlife in the Possession of Private Persons. - No person or entity shall be allowed possession of
wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife. Twelve (12) months after the
effectivity of this Act, the Secretary shall set a period, within which persons/entities shall register all threatened species collected and exotic species
imported prior to the effectivity of this Act. However, when the threatened species is needed for breeding/propagation or research purposes, the State
may acquire the wildlife through a mutually acceptable arrangement.
After the period set has elapsed, threatened wildlife possessed without certificate of registration shall be confiscated in favor of the government,
subject to the penalties herein provided.
All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act but which may later become so, shall likewise be registered
during the period set after the publication of the updated list of threatened species.
CHAPTER IV
ILLEGAL ACTS
Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit
wildlife resources and their habitats, or undertake the following acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i) transporting of wildlife.
CHAPTER V
FINES AND PENALTIES
Section 28. Penalties for Violations of this Act. For any person who undertakes illegal acts under paragraph (a) of the immediately preceding section to
any species as may be categorized pursuant to this Act, the following penalties and/or fines shall be imposed;
(a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of One hundred thousand pesos (P100,000.00) to One
million pesos (P1,000,000.00), if inflicted or undertaken against species listed as critical;
(b) imprisonment of four (4) and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos
(P500,000.00) if inflicted or undertaken against endangered species;
(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand
pesos (P300,000.00), if inflicted or undertaken against vulnerable species;
(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand
pesos (P200,000.00) if inflicted or undertaken against other threatened species; and
(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against other wildlife species.
For illegal acts under paragraph (b) of the immediately preceding section, the following penalties and/or fines shall be imposed;
(a) imprisonment of minimum of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred
thousand pesos (P500,000.00), if inflicted or undertaken against species listed as critical;
(b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against endangered species;
(c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against vulnerable species;
(d) imprisonment of six (6) months and one (1) day to one (1) year and/or fine of Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00), if inflicted or undertaken against other threatened species; and
(e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if
inflicted or undertaken against other wildlife species.
For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an imprisonment of one (1) month to eight (8) years and/or a fine of
Five thousand pesos (P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed.
For illegal acts under paragraph (e), the following penalties and/or fines shall be imposed:
(a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand pesos (P5,000.00) to Three hundred thousand pesos
(P300,000.00), if inflicted or undertaken against species listed as critical;
(b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousand pesos (P2,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against endangered species;
(c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos (P1,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against vulnerable species;
(d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundred pesos (P500.00) to Fifty thousand pesos
(P50,000.00), if inflicted or undertaken against species listed as threatened species; and
(e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P200.00) to Twenty thousand pesos (P20,000.00), if inflicted
or undertaken against other wildlife species.
For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the following penalties and/or fines shall be imposed:
(a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos
(P300,000.00), if inflicted or undertaken against species listed as critical;
(b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against endangered species;
(c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against vulnerable species;
(d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos (P5,000.00) to Fifty thousand pesos
(P50,000.00), if inflicted or undertaken against species as other threatened species; and
(e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or
undertaken against other wildlife species: Provided, That in case of paragraph (f), where the acts were perpetuated through the means of inappropriate
techniques and devices, the maximum penalty herein provided shall be imposed.
For illegal acts under paragraph (h) and (i) of the immediately preceding section, the following penalties and/or fines shall be imposed:
(a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos
(P100,000.00) if inflicted or undertaken against species listed as critical species;
(b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos (P20,000.00) to Fifty thousand pesos
(P50,000.00), if inflicted or undertaken against endangered species;
(c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos
(P20,000.00), if inflicted or undertaken against vulnerable species;
(d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or
undertaken against species listed as other threatened species;
(e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) to One thousand pesos (P1,000.00), if inflicted or
undertaken against other wildlife species.
All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in connection with violations of this Act, shall be ipso
facto forfeited in favor of the government; Provided, That where the ownership of the aforesaid conveyances belong to third persons who has no
participation in or knowledge of the illegal acts, the same may be released to said owner. The apprehending agency shall immediately cause the
transfer of all wildlife that have been seized or recovered to the nearest Wildlife Rescue Center of the Department in the area.
If the offender is an alien, he shall be deported after service and payment of fines, without any further proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the
deterrent function of such fines.
CHAPTER VI
MISCELLANEOUS PROVISIONS
Section 29. Wildlife Management Fund. There is hereby established a Wildlife Management Fund to be administered by the Department as a special
account in the National Treasury which shall finance rehabilitation or restoration of habitats affected by acts committed in violation of this Act and
support scientific research, enforcement and monitoring activities, as well as enhancement of capabilities of relevant agencies.
The Fund shall derive from fines imposed and damages awarded, fees, charges, donations, endowments, administrative fees or grants in the form of
contributions. Contributions to the Fund shall be exempted from donor taxes and all other tax charges or fees imposed by the government.
Section 30. Deputation of Wildlife Enforcement Officers. - The Secretary shall deputize wildlife enforcement officers from non-government
organizations, citizens groups, community organizations and other volunteers who have undergone necessary training for this purpose. The Philippine
National Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation (NBI) and other law enforcement agencies shall
designate wildlife enforcement officers. As such, the wild enforcement officers shall have the full authority to seize illegally traded wildlife and to arrest
violators of this Act subject to existing laws, rules and regulations on arrest and detention.
Section 31. Establishment of National Wildlife Research Centers. The Secretary shall establish national wildlife research centers for terrestrial and
aquatic species to lead in the conduct of scientific researches on the proper strategies for the conservation and protection of wildlife, including captive
breeding or propagation. In this regard, the Secretary shall encourage the participation of experts from academic/research institutions and wildlife
industry.
Section 32. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife rescue centers to take temporary custody and care of all
confiscated, abandoned and/or donated wildlife to ensure their welfare and well-being. The Secretary shall formulate guidelines for the disposition of
wildlife from the rescue centers.
Section 33. Creation of Wildlife Traffic Monitoring Units. - The Secretary shall create wildlife traffic monitoring units in strategic air and seaports all over
the country to ensure the strict compliance and effective implementation of all existing wildlife laws, rules and regulations, including pertinent
international agreements.
Customs officers and/or other authorized government representatives assigned at air or seaports who may have intercepted wildlife commodities in
the discharge of their official functions shall, prior to further disposition thereof, secure a clearance from the wildlife traffic monitoring unit assigned in
the area.
Section 34. Exemption from taxes - Any donation, contribution, bequest, subsidy or financial aid which may be made to the Department of
Environment and Natural Resources or to the Department of Agriculture and to NGOs engaged in wildlife conservation duly registered with the
Securities and Exchange Commission as certified by the local government unit, the Department of Environment and Natural Resources or the
Department of Agriculture, for the conservation and protection of wildlife resources and their habitats shall constitute as an allowable deduction from
the taxable income of the donor and shall be exempt from donor's tax.
Section 35. Flagship Species. Local government units shall initiate conservation measures for endemic species in their areas. For this purpose, they may
adopt flagship species such as the Cebu black shama (copsychus cebuensis), tamaraw (bubalus mindorensis), Philippine tarsier (tarsius syrichta),
Philippine teak (tectona philippinensis), which shall serve as emblems of conservation for the local government concerned.
Section 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. The Secretary shall regulate the establishment, operation and
maintenance of botanical gardens, zoological parks and other similar establishments for recreation, education and conservation.






REPUBLIC ACT 7611
AN ACT ADOPTING THE STRATEGIC ENVIRONMENT PLAN FOR PALAWAN, CREATING THE ADMINISTRATIVE MACHINERY TO ITS IMPLEMENTATION,
CONVERTING THE PALAWAN INTEGRATED AREA DEVELOPMENT PROJECT OFFICE TO ITS SUPPORT STAFF, PROVIDING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
SEC. I Title - This Act shall be known as the "Strategic Environmental Plan (SEP) for Palawan Act."
SEC. 2 Declaration of Policy - It is hereby declared the policy of the State to protect, develop and conserve its natural resources . Toward this end, it
shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same
time pursue the socio-economic development goals of the country.
It shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural
resources to provide optimum yields on a continuing basis. With specific reference to forest resources, the State shall pursue and implement forest
conservation and protection through the imposition of a total commercial logging ban as hereinafter provided.
It shall also adopt the necessary measures leading to the creation of an institutional machinery including among others, fiscal and financial programs to
ensure the effective and efficient implementation of environmental plans, programs and projects.
It shall also promote and encourage the involvement of all sectors of society and maximize people participation (including tribal groups) in natural
resource management, conservation and protection.
SEC. 3 Definition of Terms. - As used in this Act, the following terms are defined as follows:
(1) "Palawan" refers to the Philippine province composed of islands and islets located 747' and 12'22' north latitude and 117'00' and 119'51' east
longitude, generally bounded by the South China Sea to the northwest and by the Sulu Sea to the east.
(2) "Sustainable development" means the improvement in the quality of life of the present and future generations through the complementation of
development and environmental protection activities;
(3) "Natural resources" refers to life-support systems such as the sea, coral reefs, soil, lakes, rivers, and forest as well as useful products found therein
such as animals, wildlife, tress and other plants, including the aesthetic attributes of scenic sites that are not manmade.
(4) "Tribal land areas" refers to the areas comprising both land and sea that are traditionally occupied by the cultural minorities.
(5) "Environmentally critical areas" (ECAN) refers to terrestrial aquatic and marine areas that need special protection and conservation measures as
they are ecologically fragile;
(6) "Participatory processes" means the involvement of all the key sectors of development, from the grassroots to the policy-making bodies of the
National Government, in providing the values and ideas from which strategic development and environmental protection action can come about;
(7) "Conservation" refers to the wise use of natural resources that assures regeneration and replenishment for continuous benefit;
(8) "Ecology" refers to the life-sustaining interrelationships and interactions of organisms with each other and with their physical surroundings;
(9) "Commercial logging" refers to the cutting, felling or destruction of tress from old growth and residual forest for the purpose of selling or otherwise
disposing of the cut or felled logs for profit;
(10) "SEP" refers to the Strategic Environmental Plan discussed in Section 4 of this Act;
(11) "ECAN" refers to the Environmentally Critical Areas Network as provided in Section 7 of this Act; and
(12) "EMES" refers to the Environmental Monitoring and Evaluation System provided in Section 13 of this Act.

CHAPTER II
STRATEGIC ENVIRONMENT PLAN: ADOPTION, PHILOSOPHY AND LEGAL EFFECTS
SEC. 4 Strategic Environmental Plan. - A comprehensive framework for the sustainable development of Palawan compatible with protecting and
enhancing the natural resources and endangered environment of the province is hereby adopted. Such framework shall be known as the Strategic
Environmental Plan for Palawan, hereinafter referred to as SEP, and shall serve to guide the local government of Palawan and the government agencies
concerned in the formulation and implementation of plans, programs and projects affecting said province.
SEC. 5 Strategic Environmental Plan (SEP) Philosophy. - The SEP shall have as its general philosophy, the sustainable development of Palawan, which is
the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development
and conservation that protect life-support ecosystem and rehabilitate exploited areas to allow upcoming generations to sustain development growth.
It shall have the following features:
(1) Ecological viability - The physical and biological cycles that maintain the productivity of natural ecosystems must always be kept intact.
(2) Social acceptability - The people themselves, through participatory process, should be fully committed to support sustainable development
activities by fostering equity in access to resources and the benefits derived from them.
(3) Integrated approach - This allow for a holistic view of problems and issues obtaining in the environment as well as opportunities for coordination
and sharing that will eventually provide the resources and political will to actually implement and sustain SEP activities.
SEC. 6 Legal effects. - The SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of
plans, programs and projects affecting the environment and natural resources of Palawan. It shall therefore be incorporated in the Regional
Development Plan of Region IV as part of said plan.
SEC. 7 Environmentally Critical Areas Network (ECAN) - The SEP shall establish a graded system of protection and development control over the whole
of Palawan, including its tribal lands, forest, mines, agricultural areas, settlement areas, small islands mangroves, coral reefs, seagrass beds and the
surrounding sea. This shall be known as the Environmentally Critical Areas Network, hereinafter referred to as ECAN, and shall serve as the main
strategy of the SEP.
The ECAN shall ensure the following,
(1) Forest conservation and protection through the imposition of a total commercial logging ban in all areas of maximum protection and in such other
restricted use zones as the Palawan Council for Sustainable Development as hereinafter created may provide;
(2) Protection of Watersheds;
(3) Preservation of biological diversity;
(4) Protection of tribal people and the preservation of their culture;
(5) Maintenance of maximum sustainable yield;
(6) Protection of the rare and endangered species and their habitat;
(7) Provision of areas for environmental and ecological research, education and training; and
(8) Provision of areas for tourist and recreation.
SEC. 8 Main Components. - The areas covered by the ECAN hall be classified into three (3) main components;
(1) Terrestrial - the terrestrial component shall consist of the mountainous as well as ecologically important low hills and lowland areas of the whole
province. It may be further subdivided into smaller management components.
(2) Coastal/marine area - this area includes the whole coastline up to the open sea. This is characterized by active fisheries and tourism activities.
(3) Tribal Ancestral lands - These are the areas traditionally occupied by the cultural communities.
SEC. 9 Terrestrial Component: Management Scheme and Zonation. - the terrestrial component may be further subdivided into smaller management
components for a more efficient supervision. These management components, in turn, shall each be further subdivided into the following zones;
(1) Area of maximum protection or core zone -This zone shall be fully and strictly protected and maintained free of human disruption. Included here
are all types of natural forest which include first growth forest, residual forest and edges of intact forest, areas above one thousand (1,000) meters
elevation, peaks of mountains or other areas with very steep gradients, and endangered habitats and habitats of endangered and rare species.
Exceptions, however, may be granted to traditional uses of tribal communities of these areas for minimal and soft impact gathering of forest species
for ceremonial and medicinal purposes.
(2) Buffer zone - This area permits regulated use and may be further subdivided into three (3) sub-zones;
(a) Restricted use area. Generally surrounds the core zone and provides a protective barrier. Limited and nonconsumptive activities may be allowed in
this area.
( b) Controlled use area. Encircles and provides the outer barrier to the core and restricted use area. Controlled forest extraction, like the collecting of
minor forest products, and strictly controlled logging and mining may be allowed.
(c) Traditional use area. Edges of intact forests where traditional land use is already stabilized is being stabilized. Management and control shall be
carried out with the other supporting programs of the SEP.
(3) Multiple/manipulative use area - This is the area where the landscape has been modified for different forms of land use such as intensive timber
extraction, grazing and pastures, agriculture and infrastructures development. Control and management shall be strictly integrated with the other
supporting programs of the SEP and other similar programs of the Government.
SEC. 10 Coastal/Marine Zone. - A different and simplified scheme of management zonation shall be applied to this component due to its geographical
characteristics, critical nature, and patterns of resource use. Equitable access to the resource and management responsibility by the local community
shall be the underlying management philosophy of this component.
(1) Core zone. - This area shall be designated free from any human activity. This includes sanctuaries for rare and endangered species, selected coral
reefs, seagrass and mangrove ecosystem reserves.
(2) Multiple use zone - Aside from being development area, this zone also serves as the buffer zone where fishery, mariculture, recreation,
rehabilitation of small islands and mangrove ecosystem education and research are allowed.
SEC. 11 Tribal Ancestral Lands. - These areas, traditionally occupied by cultural minorities, comprise both land and sea areas. These shall be treated in
the same graded system of control and prohibition as in the others abovementioned except for strong emphasis in cultural considerations. The SEP,
therefore, shall define a special kind of zonation to fulfill the material and cultural needs of the tribes using consultative processes and cultural
mapping of the ancestral lands.
CHAPTER III
MANAGEMENT OF RESOURCES OUTSIDE OF THE ECOLOGICALLY CRITICAL AREAS
SEC. 12 Management of Resources Outside of the Ecologically Critical Areas.The SEP shall provide for the management of resources outside of the
ECAN and shall include coastal resources, resources of the catchment areas, timber and mines, development in the lowlands, and settlement areas. It
shall also provide for tourism planning.
CHAPTER IV
SUPPORT MECHANISM
SEC. 13 Environmental Monitoring and Evaluation System (EMES) - In order to monitor achievement of its goals, SEP shall establish an Environmental
Monitoring and Evaluation System (EMES) which shall ensure a systematic and reliable means of data generation for the various concerns of the SEP. It
shall measure changes in environmental status, identify adverse environmental trends and crisis areas, recommend solutions, assess the
implementation of the SEP, and suggest measures to make the SEP more responsible to the changing needs.
SEC. 14 Environmental Research - The SEP shall provide for a system of research so that additional information for accurate planning as well as data to
solve new problems in the implementation of the SEP shall be supplied. As such, the SEP's researches shall not be confined to the physical and
biological features of the environment, achieved through surveys, monitoring, resource assessments and research into processes, but shall also extend
to policies and socioeconomic questions.
SEC. 15 Environmental Education and Extension - The SEP shall design an environmental information and education designed to gradually wean the
people away from destructive practices and shall recommend practical ways as an alternative.
Training programs for the non-governmental organizations (NGO's), business sector representatives and community leaders shall be organized. This
may establish linkages between the NGOs, community leaders, sector representatives and the staff of line agencies development communication or
public information section and at the same time, be used to plan out a comprehensive public information drive.
Simultaneously, community organizing shall be enhanced to reinforce non-formal approaches, complementing regular environment/science courses in
the school.
CHAPTER V
ADMINISTRATIVE MACHINERY FOR THE IMPLEMENTATION OF THE SEP
SEC. 16 Palawan Council for Sustainable Development. - The governance, implementation and policy direction of the Strategic Environmental Plan
shall be exercised by the herein created Palawan Council for Sustainable Development (PCSD), hereinafter referred to as the Council, which shall be
under the Office of the President. It shall be composed of the Members of the House of the Representatives representing the province of Palawan, the
Deputy Director General of the National Economic and Development Authority, the Undersecretary of Environment and Natural Resources, the
Undersecretary for Special Concerns of the Department of Agriculture, the Governor of Palawan, the Mayor of Puerto Princesa City, the President of
the Mayor's League of Palawan, the President of the Provincial Chapter of the Liga ng mga Barangay, the Executive Director of the Palawan council for
Sustainable Development Staff as provided in Section 20 of this Act, and such other members from the public or private sectors as the majority of the
council may deem necessary.
The Council shall elect, from among its members, a Chairman and a Vice-Chairman.
SEC. 17 Quorum. - A majority of the members of the Council shall constitute a quorum for the conduct of business.
SEC. 18 Compensation. - The members of the council shall be entitled to per diems and allowances in accordance with existing laws in the performance
of their duties and in carrying out of the business of the Council. The per diems shall be in the amount of Five hundred pesos (p500) for every meeting:
Provided, that the per diems collected do not exceed the equivalent of per diems for four (4) meetings in a month.
SEC. 19 Powers and Functions. - In order to successfully implement the provisions of this Act, the Council is hereby vested with the following powers
and functions.
(1) Formulate plans and policies as may be necessary to carry out the provisions of this Act.
(2) Coordinate with the local governments to ensure that the latter's plans, programs and projects are aligned with the plans, programs and policies of
the SEP.
(3) Call on any department, bureau, office, agency or instrumentality of the Government, and on private entities and organizations for cooperation and
assistance in the performance of its functions.
(4) Arrange, negotiate for, accept donations, grants, gifts, loans, and other fundings from domestic and foreign sources to carry out the activities and
purposes of the SEP.
(5) Recommend to the Congress of the Philippines such matters that may require legislation in support of the objectives of the SEP.
(6) Delegate any or all of its powers and functions to its support staff, as hereinafter provided, except those which by provisions of law cannot be
delegated;
(7) Establish policies and guidelines for employment on the basis, of merit, technical competence and moral character and prescribe a compensation
and staffing pattern;
(8) Adopt, amend and rescind such rules and regulations and impose penalties therefore for the effective implementation of the SEP and the other
provisions of this Act.
(9) Enforce the provisions of this Act and other existing laws. Rules and regulations similar to or complementary with this Act;
(10) Perform related functions which shall promote the development, conservation, management, protection, and utilization of the natural resources
of Palawan; and
(11) Perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of this Act.
SEC. 20 Conversion of Palawan Integrated Area Development Project Office (PIADPO) to the Palawan council for Sustainable Development Staff. -
The Palawan Integrated Area Development Project Office, hereinafter referred to as PIADPO, is hereby converted to the Palawan Council for
Sustainable Development Staff which shall serve as the regular professional support staff of the Council and shall provide the machinery to coordinate
the policy and functions, implement programs, and organize such services as may be required by the Council in the exercise of its functions. It shall be
independent of any other department or agency of the Government other than the herein provided Council. All the applicable powers, functions,
personnel, complement staff, appropriations, records, equipment, property, funds, and other assets of the PIADPO, as well as all its obligations and
liabilities, are hereby transferred to the Palawan Council for Sustainable Development Staff. The incumbent Director of the PIADPO shall be the
Executive Director of the Palawan Council for Sustainable Development Staff and shall lead all its operations. Thereafter, the Executive Director shall be
appointed by the members of the Council. He shall also be ex officio member of the Council.

REPUBLIC ACT NO. 8371

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES, CREATING A
NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I: GENERAL PROVISIONS
SECTION 1. Short Title. This Act shall be known as "The Indigenous Peoples Rights Act of 1997".

SEC. 2. Declaration of State Policies. The State shall recognize and promote all the rights of Indigenous Cultural Communities/ Indigenous Peoples
(ICCs/IPs) hereunder enumerated within the framework of the Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development;
b) The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize
the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain;
c) The State shall recognize, respect and protect the rights of ICCs/ IPs to preserve and develop their cultures, traditions and institutions. It shall
consider these rights in the formulation of national laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of Human rights and freedoms without
distinction or discrimination;
e) The State shall take measures, with the participation of the ICCs/ IPs concerned, to protect their rights and guarantee respect for their cultural
integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations
grant to other members of the population; and
f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation
in the direction of education, health, as well as other services of ICCs/lPs, in order to render such services more responsive to the needs and desires of
these communities.
Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking
into consideration their customs, traditions, values, beliefs interests and institutions, and to adopt and implement measures to protect their rights to
their ancestral domains.

CHAPTER II: DEFINITION OF TERMS
SEC. 3. Definition of Terms. For purposes of this Act, the following terms shall mean:
a) Ancestral Domains Subject to Section 56 hereof, 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, by themselves or through their ancestors, communally
or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit,
stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations,
and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural,
and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water,
mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to
for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;
b) Ancestral Lands Subject to Section 56 hereof, 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 predecessorsininterest, under claims of individual or traditional group ownership,
continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of
government projects 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, swidden farms and tree lots;
c) 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 in accordance with this law;
d) Certificate of Ancestral Lands Title refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands;
e) Communal Claims refer to claims on land, resources and rights thereon; belonging to the whole community within a defined territory;
f) 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;
g) Free and Prior Informed Consent as used in this Act shall mean 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 coercion, and obtained after fully disclosing the intent
and scope of the activity, in a language and process understandable to the community;
h) Indigenous Cultural Communities/Indigenous Peoples refer to a group of people or homogenous societies identified by selfascription and ascription
by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of
ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, nonindigenous religions and cultures,
became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of
their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of nonindigenous
religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political
institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains;
i) Indigenous Political Structures refer to organizational and cultural leadership systems, institutions, relationships, patterns and processes for
decisionmaking and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holders, or any other
tribunal or body of similar nature;
j) 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;
k) National Commission on Indigenous Peoples (NCIP) refers to the office created under his 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;
l) Native Title refers to preconquest 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;
m)Nongovernment Organization refers to 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;
n) People's Organization refers to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such
ICCs/IPs;
o) 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; and
p) 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.

CHAPTER III: RIGHTS TO ANCESTRAL DOMAINS
SEC. 4. Concept of Ancestral Lands/Domains. Ancestral lands/ domains shall include such concepts of territories which cover not only the physical
environment but the total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which
they have claims of ownership.

SEC. 5. Indigenous Concept of Ownership. Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein
shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the
ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers
sustainable traditional resource rights.

SEC. 6. Composition of Ancestral Lands/Domains. Ancestral lands and domains shall consist of all areas generally belonging to ICCs/ IPs as referred
under Sec. 3, items (a) and (b) of this Act.

SEC. 7. Rights to Ancestral Domains. The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected.
Such rights shall include:
a) Right of 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;
b)Right to Develop Lands and Natural Resources. Subject to Section 56 hereof, 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; to
benefit and share the profits from allocation and utilization of the natural resources found therein; the right to negotiate the terms and conditions for
the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures,
pursuant to national and customary laws; the 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 ancestral domains and to receive just and fair compensation for any damages which they
may sustain as a result of the project; and the right to effective measures by the government to prevent any interference with, alienation and
encroachment upon these rights;
c) Right to Stay in the Territories. The right to stay in the territory and not to be removed therefrom. No ICCs/IPs will be relocated without their free
and prior informed consent, nor through any means other than eminent domain. Where relocation is considered necessary as an exceptional measure,
such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever possible, they shall be
guaranteed the right to return to their ancestral domains, as soon as the grounds for relocation cease to exist. When such return is not possible, as
determined by agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality and legal status at
least equal to that of the land previously occupied by them, suitable to provide for their present needs and future development. Persons thus relocated
shall likewise be fully compensated for any resulting loss or injury;
d) 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 systems: Provided, That the displaced ICCs/IPs 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 exist and normalcy and safety of the previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands
to which they have been resettled: Provided furthermore, That basic services and livelihood shall be provided to them to ensure that their needs are
adequately addressed;
e) Right to Regulate Entry of Migrants. Right to regulate the entry of migrant settlers and organizations into the domains;
f) Right to Safe and Clean Air and Water. For this purpose, the ICCs/IPs shall have access to integrated systems for the management of their inland
waters and air space;
g) 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; and
h) Right to 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.

SEC. 8. Rights to Ancestral Lands. The right of ownership and possession of the ICCs /IPs to their ancestral lands shall be recognized 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 ICCs/IPs, subject
to customary laws and traditions of the community concerned.
b) 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 nonmember 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.

SEC. 9. Responsibilities of ICCs/IPs to their`4ncestral Domains. ICCs/IPs occupying a duly certified ancestral domain shall have the following
responsibilities:
a) 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;
b) 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; and
c) Observe Laws. To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation.

SEC. 10. Unauthorized and Unlawful Intrusion. Unauthorized end unlawful 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 law. Furthermore, the Government shall take measures to prevent
nonICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said
ICCs/IPs.

SEC. 11. Recognition of Ancestral Domain Rights. The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and
respected. Formal recognition, when solicited by ICCs/ IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall
recognize the title of the concerned ICCs/IPs over the territories identified and delineated.

SEC. 12. Option to Secure Certificate of Title Under Commonwealth Act 141, as amended, or the Land Registration Act 496. Individual members of
cultural communities, with respect to their individuallyowned ancestral lands who, by themselves or through their predecessorsininterest, have been in
continuous possession and occupation of the same in the concept of owner since time immemorial or for a period of not less than thirty (30) years
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 individuallyowned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and
tree farming purposes, including those with a slope of eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural
lands.
The option granted under this section shall be exercised within twenty (20) years from the approval of this Act.

CHAPTER IV: RIGHT TO SELFGOVERNANCE AND EMPOWERMENT
SEC. 13. SelfGovernance. The State recognizes the inherent right of ICCs/IPs to selfgovernance and selfdetermination and respects the integrity of
their values, practices and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural
development.

SEC. 14. Support for Autonomous Regions. The State shall continue to strengthen and support the autonomous regions created under the
Constitution as they may require or need. The State shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the
Cordilleras to use the form and content of their ways of life as may be compatible with the fundamental rights defined in the Constitution of the
Republic of the Philippines and other internationally recognized human rights.

SEC. 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes. The ICCs/IPs shall have the right to use their own commonly
accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their
respective communities and as may be compatible with the national legal system and with internationally recognized human rights.

SEC. 16. Right to Participate in DecisionMaking. ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision making in matters
which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous
political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory representation in policymaking bodies and other
local legislative councils.

SEC. 17. Right to Determine and Decide Priorities for Development. The ICCs/IPs shall have the right to determine and decide their own priorities for
development affecting their lives, beliefs, institutions, spiritual wellbeing, and the lands they own, occupy or use. They shall participate in the
formulation, implementation and evaluation of policies, plans and programs for national, regional and local development which may directly affect
them.

SEC. 18. Tribal Barangays. The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located
in municipalities, provinces or cities where they do not constitute the majority of the population, may form or constitute a separate barangay in
accordance with the Local Government Code on the creation of tribal barangays.

SEC. 19. Role of Peoples Organizations. The State shall recognize and respect the role of independent ICCs/IPs organizations to enable the ICCs/IPs to
pursue and protect their legitimate and collective interests and aspirations through peaceful and lawful means.

SEC. 20. Means for Development/Empowerment of ICCs/lPs. The Government shall establish the means for the full development/ empowerment of
the ICCs/IPs own institutions and initiatives and, where necessary, provide the resources needed therefor.
CHAPTER V: SOCIAL JUSTICE AND HUMAN RIGHTS
SEC. 21. Equal Protection and Nondiscrimination of ICCs/lPs. Consistent with the equal protection clause of the Constitution of the Republic of the
Philippines, the Charter of the United Nations, the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination
Against Women and International Human Rights Law, the State shall, with due recognition of their distinct characteristics and identity accord to the
members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry. It shall extend to them the same employment rights,
opportunities, basic services, educational and other rights and privileges available to every member of the society. Accordingly, the State shall likewise
ensure that the employment of any form of force or coercion against ICCs/IPs shall be dealt with by law.
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 women. Towards this end, no provision in this Act shall be interpreted so as to result in the diminution of rights and
privileges already recognized and accorded to women under existing laws of general application.

SEC. 22. Rights during Armed Conflict. ICCs/IPs have the right to special protection and security in periods of armed conflict. The State shall observe
international standards, in particular the Fourth Geneva Convention of 1949, for the protection of civilian populations in circumstances of emergency
and armed conflict, and shall not recruit members of the ICCs/IPs against their will into the armed forces, and in particular, for use against other
ICCs/IPs; nor recruit children of ICCs/ IPs 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.

SEC. 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment. It shall be the right of the ICCs/IPs to be free from any form of
discrimination, with respect to recruitment and conditions of employment, such that they may enjoy equal opportunities for admission to
employment, medical and social assistance, safety as well as other occupationally related benefits, informed of their rights under existing labor
legislation and of means available to them for redress, not subject to any coercive recruitment systems, including bonded labor and other forms of
debt servitude; and equal treatment in employment for men and women, including the protection from sexual harassment.
Towards this end, the State shall, within the framework of national laws and regulations, and in cooperation with the ICCs/IPs concerned, adopt special
measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to these communities,
to the extent that they are not effectively protected by laws applicable to workers in general.
ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with
employers' organizations. They shall likewise have the right not to be subject to working conditions hazardous to their health, particularly through
exposure to pesticides and other toxic substances.

SEC. 24. Unlawful Acts Pertaining to Employment. It shall be unlawful for any person:
a) To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal remuneration shall be
paid to ICC/IP and nonICC/IP for work of equal value; and
b) To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of
the rights or benefits provided under this Act.

SEC. 25. Basic Services. The ICCs/IPs 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 women, elderly, youth, children and differentlyabled persons. Accordingly, the
State shall guarantee the right of ICCs/IPs to government's basic services which shall include, but not limited to, water and electrical facilities,
education, health and infrastructure.

SEC. 26. Women. ICC/IP women shall enjoy equal rights and opportunities with men, as regards the social, economic, political and cultural spheres of
life. The participation of indigenous women in He decisionmaking process in all levels, as well 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 women. Vocational,
technical, professional and other forms of training shall be provided to enable these women to fully participate in all aspects of social life. As far as
possible, the State shall ensure that indigenous women have access to all services in their own languages.

SEC. 27. Children and Youth. The State shall recognize the vital role of the children and youth of ICCs/IPs in nationbuilding and shall promote and
protect their physical, moral, spiritual, intellectual end social wellbeing. Towards this end, the State shall support all government programs intended for
the development and rearing of the children and youth of ICCs/IPs for civic efficiency and establish such mechanisms as may be necessary for the
protection of the rights of the indigenous children and youth.

SEC. 28. Integrated System of Education. The State shall, through the NCIP, provide a complete, adequate and integrated system of education,
relevant to the needs of the children and young people of ICCs/ IPs.

CHAPTER VI: CULTURAL INTEGRITY
SEC. 29. Protection of Indigenous Culture, Traditions and Institutions. The State shall respect, recognize and protect the right of ICCs/IPs to preserve
and protect their culture, traditions and institutions. It shall consider these rights in the formulation and application of national plans and policies.

SEC. 30. Educational Systems. The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system,
public or private cultural entities, scholarships, grants and other incentives without prejudice to their right to establish and control their educational
systems and institutions by providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning.
Indigenous children/youth shall have the right to all levels and forms of education of the State.

SEC. 31. Recognition of Cultural Diversity. The State shall endeavor to have the dignity and diversity of the cultures, traditions, histories and
aspirations of the ICCs/IPs appropriately reflected in all forms of education, public information and culturaleducational exchange. Consequently, the
State shall take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and to promote tolerance,
understanding and good relations among ICCs/IPs and all segments of society. Furthermore, the Government shall take effective measures to ensure
that Stateowned media duly reflect indigenous cultural diversity. The State shall likewise ensure the participation of appropriate indigenous leaders in
schools, communities and international cooperative undertakings like festivals, conferences, seminars and workshops to promote and enhance their
distinctive heritage and values.

SEC. 32. Community Intellectual Rights. ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall
presence, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual
religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs.

SEC. 33. Rights to Religious, Cultural Sites and Ceremonies. ICCs/IPs shall have the right to manifest, practice, develop and 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 objects; and, the right to the repatriation of human remains. Accordingly, the State shall take effective measures, in cooperation
with the ICCs/IPs concerned to ensure that indigenous sacred places, including burial sites, be preserved, respected and protected. To achieve this
purpose, it shall be unlawful to:
a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free
and prior informed consent of the community concerned; and
b) Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage.

SEC. 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. ICCs/IPs are entitled to the
recognition of the full ownership and control end 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 hearth practices, vital medicinal plants, animals and minerals, indigenous knowledge systems
and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.

SEC. 35. Access to Biological and Genetic Resources. Access to biological and genetic resources and to indigenous knowledge related to the
conservation, utilization and enhancement of these resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and
prior informed consent of such communities, obtained in accordance with customary laws of the concerned community.

SEC. 36. Sustainable AgroTechnical Development. The State shall recognize the right of ICCs/IPs to a sustainable agrotechnological development and
shall formulate and implement programs of action for its effective implementation. The State shall likewise promote the biggenetic and resource
management systems among the ICCs/IPs shall encourage cooperation among government agencies to ensure the successful sustainable development
of ICCs/IPs.
SEC. 37. Funds for Archeological and Historical Sites. The ICCs/ IPs shall have the right to receive from the national government all funds especially
earmarked or allocated for the management and preservation of their archeological and historical sites and artifacts with the financial and technical
support of the national government agencies.

CHAPTER VII: NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)
SEC. 38. National Commission on Indigenous Cultural Communities/lndigenous Peoples (NCIP). To carry out the policies herein set forth, there shall
be created the National Commission on ICCs/ IPs (NCIP), which shall be the primary government agency responsible for the formulation and
implementation of policies, plans and programs to promote and protect the rights and wellbeing of the ICCs/IPs and the recognition of their ancestral
domains as well as their rights thereto.

SEC. 39. Mandate. The NCIP shall protect and promote the interest and wellbeing of the ICCs/IPs with due regard to their beliefs, customs, traditions
and institutions.

SEC. 40. Composition. The NCIP shall be an independent agency under the Office of the President and shall be composed of seven (7) Commissioners
belonging to ICCs/IPs, one (1) of whom shall be the Chairperson. The Commissioners shall be appointed by the President of the Philippines from a list of
recommenders submitted by authentic ICCs/ IPs: Provided, That the seven (7) Commissioners shall be appointed specifically from each of the following
ethnographic areas: Region I and the Cordilleras, Region II, the rest of Luzon, Island Groups including Mindoro, Palawan, Romblon, Panay and the rest
of the Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That at least two (2) of the
seven(7) Commissioners shall be women.

SEC. 41. Qualifications, Tenure, Compensation. The Chairperson and the six (6) Commissioners must tee natural born Filipino citizens, bonafide
members of ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and who have worked for at least ten (10) years with an ICC/IP
community and/or any government agency involved in ICC/IP, at least 35 years of age at the time of appointment, and must be of proven honesty and
integrity: Provided, That at least two (2) of the
seven (7) Commissioners shall be members of the Philippine Bar: Provided, farther, the members of the NCIP shall hold office for a period of three (3)
years, and may be subject to reappointment for another term: Provided, furthermore, That no person shall serve for more than two (2) terms.
Appointment to any vacancy shall only be for the unexpired 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 m accordance with the
Salary Standardization Law.

SEC. 42. Removal from office. Any member of the NCIP may be removed from office by the President, on his own initiative or upon recommendation
by any indigenous community, before the expiration of his term for cause and after complying with due process requirement of law.

SEC. 43. Appointment of Commissioners. The President shall appoint the seven (7) Commissioners of the NCIP within ninety (90) days from the
effectivity of this Act.

SEC. 44. Powers and Functions. To accomplish its mandate, the NCIP shall have the following powers, jurisdiction and function:
a) To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium, through which such
assistance may be extended;
b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto and to propose relevant laws and policies to
address their role in national development;
c) To formulate and implement policies, plans, programs and projects for the economic, social and cultural development of the ICCs/IPs and to monitor
the implementation thereof;
d) To request and engage the services and support of experts from other agencies of government or employ private experts and consultants as may be
required in the pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to
attain the objectives of this Act, and subject 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 whatever form and from whatever source, local and international,
subject to the approval of the President of the Philippines, for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof; or
in the absence of any condition, in such manner consistent with the interest of ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof;
i) To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or plans;
j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit within sixty (60) days after the close of each calendar
year, a report of its operations and achievements;
k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act;
1) To prepare and submit the appropriate budget to the Office of the President;
m)To issue appropriate certification as a precondition to the grant of permit, lease, grant, or any other similar authority for the disposition, utilization,
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 taking into consideration the consensus approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions and acts of all the various offices within the Commission;
o) To promulgate the necessary rules and regulations for the implementation of this Act;
p) To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines; and
q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns.

SEC. 45. Accessibility and Transparency. Subject to such limitations as may be provided by law or by rules and regulations promulgated pursuant
thereto, all official records, documents and papers pertaining to official acts, transactions or decisions, as well as research data used as basis for policy
development of the Commission shall be made accessible to the public.

SEC. 46. Offices within the NCIP. The NCIP shall have the following offices which shall be responsible for the implementation of the policies hereinafter
provided:
a) Ancestral Domains Office The Ancestral Domain Office shall be responsible for the identification, delineation and recognition of ancestral
lands/domains. It shall also be responsible for the management of ancestral lands/domains in accordance with a master plan as well as the
implementation of the ancestral domain rights of the ICCs/IPs as provided in Chapter III of this Act. It shall also issue, upon the free and prior informed
consent of the ICCs/IPs concerned, certification prior to the grant of any license, lease or permit for the exploitation of natural resources affecting the
interests of ICCs/IPs or their ancestral domains and to assist the ICCs/IPs in protecting the territorial integrity of all ancestral domains. It shall likewise
perform such other functions as the Commission may deem appropriate and necessary;
b) Office on Policy, Planning and Research The Of lice on Policy, Planning and Research shall be responsible for the formulation of appropriate policies
and programs for ICCs/IPs such as, but not limited to, the development of a FiveYear Master Plan for the lCCs/IPs. Such plan shall undergo a process
such that every five years, the Commission shall endeavor to assess the plan and make ramifications in accordance with the changing situations. The
Office shall also undertake the documentation of customary law and shall establish and maintain a Research Center that would serve as a depository of
ethnographic information for monitoring, evaluation and policy formulation. It shall assist the legislative branch of the national government in the
formulation of appropriate legislation benefiting ICCs/IPs;
c) Office of Education, Culture and Health The Office on Culture, Education and Health shall be responsible for the effective implementation of the
education, cultural and rented rights as provided in this Act. It shall assist, promote and support community schools, both formal and nonformal, for
the benefit of the local indigenous community, especially in areas where existing educational facilities are not accessible to members of the indigenous
group. It shall administer all scholarship programs and other educational rights intended for ICC/IP beneficiaries in coordination with the Department
of Education, Culture and Sports and the Commission on Higher Education. It shall undertake, within the limits of available appropriation, a special
program which includes language and vocational training, public health and family assistance program and rented subjects.
It shall also identify ICCs/IPs with 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.
Towards this end, the NCIP shall deploy a representative in each of the said of offices personally perform the foregoing task and who shall receive
complaints from the ICCs/IPs and compel action from appropriate agency. It shall also monitor the activities of the National Museum and other similar
government agencies generally intended to manage and presence historical and archeological artifacts of the ICCs/IPs and shall be responsible for the
implementation of such other functions as the NCIP may deem appropriate and necessary;
d) Office on SocioEconomic Services and Special Concerns. The Office on SocioEconomic Services and Special Concerns shall serve as the Office through
which the NCIP shall coordinate with pertinent government agencies specially charged with the implementation of various basic socioeconomic
services, policies, plans and programs affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them. It shall also be
responsible for such other functions as the NCIP may deem appropriate and necessary;
e) Office of Empowerment and Human Rights The Office of Empowerment and Human Rights shall ensure that indigenous sociopolitical, cultural and
economic rights are respected and recognized. It shall ensure that capacity building mechanisms are instituted and ICCs/IPs are afforded every
opportunity, if they so choose, to participate in all levels of decisionmaking. It shall likewise ensure that the basic human rights, and such other rights as
the NCIP may determine, subject to existing laws, rules and regulations, are protected and promoted;
f) Administrative Office The Administrative Office shall provide the NCIP with economical, efficient and effective services pertaining to personnel,
finance, records, equipment, security, supplies and related services. It shall also administer the Ancestral Domains Fund; and
g) Legal Affairs Office There shall be a Legal Affairs Office which shall advice the NCIP on all legal matters concerning ICCs/IPs and which shall be
responsible for providing ICCs/IPs with legal assistance in litigation involving community interest. It shall conduct preliminary investigation on the basis
of complaints filed by the ICCs/IPs against a natural or juridical person believed to have violated ICCs/UPs rights. On the basis of its findings, it shall
initiate the filing of appropriate legal or administrative action to the NCIP.
SEC. 47. Other Offices. The NCIP shall have the power to create additional of offices it may deem necessary subject to existing rules and regulations.

SEC. 48. Regional and Field Offices. Existing regional and field offices shall remain to function under the strengthened organizational structure of the
NCIP. Other field offices shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided, That in
provinces where there are ICCs/IPs but without field of offices, the NCIP shall establish field offices in said provinces.

SEC. 49. (office of the Executive Director. The NCIP shall create the Office of the Executive Director which shall serve as its secretariat. The office shall
be headed by an Executive Director who shall be appointed by the President of the Republic of the Philippines upon recommendation of the NCIP on a
permanent basis. The staffing pattern of the office shall be determined by the NCIP subject to existing rules and regulations.

SEC. 50. Consultative Body. A body consisting of the traditional leaders, elders and representatives from the women and youth sectors of the different
ICCs/IPs shall be constituted by the NCIP from time to time to advise it on matters relating to the problems, aspirations and interests of the ICCs/IPs.

CHAPTER VIII: DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS
SEC. 51. Delineation and Recognition of Ancestral Domains. Selfdelineation shall be the guiding principle in the identification and delineation 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 agreements/ pacts made with neighboring ICCs/IPs, if any, will be essential to the determination of these
traditional territories. The Government shall take the necessary steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee
effective protection of their rights of ownership and possession thereto. Measures shall be taken in appropriate cases to safeguard the right of the
ICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to which they have traditionally had access for their subsistence
and traditional activities, particularly of ICCs/IPs who are still nomadic and/or shifting cultivators.
SEC. 52. Delineation Process. The identification and delineation of ancestral domains shall be done in accordance with the following procedures:
a) Ancestral Domains Delineated Prior to this Act. The provisions hereunder shall not apply to ancestral domains/lands already delineated according to
DENR Administrative Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any other community/ ancestral domain
program prior to the enactment of this law. ICCs/IPs whose ancestral lands/domains were officially delineated prior to the enactment of this law shall
have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area without going through the process outlined
hereunder;
b) Petition for Delineation. The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned, or
through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs;
c) Delineation Proper. The official delineation of ancestral domain boundaries including census of all community members therein, shall be
immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. Delineation will be done in
coordination with the community concerned and shall at all times include genuine involvement and participation by the members of the communities
concerned;
d) Proof Required. Proof of Ancestral Domain 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 ICCs/IPs in the concept of owners which shall be any one
( I ) of the following authentic documents:
1) Written accounts of the ICCs/IPs customs and traditions;
2) Written accounts of the ICCs/IPs political structure and institution;
3) Pictures showing long term occupation such as those of old improvements, burial grounds, sacred places and old villages;
4) Historical accounts, including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/lPs;
5) Survey plans and sketch maps;
6) Anthropological data;
7) Genealogical surveys;
8) Pictures and descriptive histories of traditional communal forests and hunting grounds;
9) Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the like; and
10) Writeups of names and places derived from the native dialect of the community.
e) Preparation of Maps. On the basis of such investigation and the findings of fact based thereon, the Ancestral Domains Office shall prepare a
perimeter map, complete with technical descriptions, and a description of the natural features and landmarks embraced therein;
f) Report of Investigation and Other Documents. A complete copy of the preliminary census and a report of investigation, shall be prepared by the
Ancestral Domains Office of the NCIP;
g) Notice and Publication. A copy of each document, including a translation in the native language of the ICCs/IPs concerned shall be posted in a
prominent place therein for at least fifteen ( 15) days. A copy of the document shall also be posted at the local, provincial and regional offices of the
NCIP, and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file
opposition thereto within fifteen (15) days from date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a
radio station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not
available;
h)Endorsement to NCIP. Within fifteen (15) days from publication, and of the inspection process, the Ancestral Domains Office shall prepare a report
to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient proof. However, if the proof is deemed insufficient, the
Ancestral Domains Office shall require the submission of additional evidence: Provided, That the Ancestral Domains Office shall reject any claim that is
deemed patently false or fraudulent after inspection and verification: Provided, further, That in case of rejection, the Ancestral Domains Office shall
give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP: Provided,
furthermore, That in cases where there are conflicting claims among ICCs/IPs on the boundaries of ancestral domain claims, the Ancestral Domains
Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full
adjudication according to the section below.
i) Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies. The Chairperson of the NCIP shall certify Blat the area
covered is an ancestral domain. The secretaries of the Department of Agrarian Reform, Department of Environment and Natural Resources,
Department of the Interior and Local Government, and Department of Justice, the Commissioner of the National Development Corporation, and any
other government agency claiming jurisdiction over the area shall be notified Thereof. Such notification shall terminate any legal basis for the
jurisdiction previously claimed;
j) Issuance of CADT. ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name
of the community concerned, containing a list of all dose identified in the census; and
k) Registration of CADTs. The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands tides before She
Register of Deeds in the place where the property is situated.
SEC. 53. Identification, Delineation and Certification of Ancestral
a) The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs
concerned to decide in accordance with customs and traditions;
b) Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains, may have their claims officially established
by filing applications for the identification and delineation of their claims with the Ancestral Domains Office. An individual or recognized 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 which 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 owners which shall be any of the authentic documents enumerated under Sec. 52 (d) of this Act, including tax declarations and proofs
of payment of taxes;
d) The Ancestral Domains Office may require from each ancestral claimant the submission of such other documents, Sworn Statements and the like,
which in its opinion, may shed light on the veracity of the contents of the application/claim;
e) Upon receipt of the applications for delineation and recognition of ancestral land claims, the Ancestral Domains Office shall cause the publication of
the application and a copy of each document submitted including a translation in the native language of the ICCs/IPs concerned in a prominent place
therein for at least fifteen (15) days. A copy of the document shall also be posted at the local, provincial, and regional offices of the NCIP and shall be
published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within
fifteen (15) days from the date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be a
valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspapers and radio station are not available;
f) Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and inspect each application, and if found to be meritorious,
shall cause a parcellary survey of the area being claimed. The Ancestral Domains Office shall reject any claim that is deemed patently false or
fraudulent after inspection and verification. In case of rejection, the Ancestral Domains Office shall give the applicant due notice, copy furnished all
concerned, containing the grounds for denial. The denial shall be appealable to the NCIP. In case of conflicting claims among individual or indigenous
corporate claimants, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary
resolution of the conflict, without prejudice to its full adjudication according to Sec. 62 of this Act. In all proceedings for the identification or
delineation of the ancestral domains as herein provided, the Director of Lands shall represent the interest of the Republic of the Philippines; and
g) The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to the NCIP, which shall, in
turn, evaluate the report submitted. If the NCIP finds such claim meritorious, it shall issue a certificate of ancestral land, declaring and certifying the
claim of each individual or corporate (family or clan) claimant over ancestral lands.
SEC. 54. Fraudulent Claims. The Ancestral Domains Of lice may, upon written request from the ICCs/lPs, review existing claims which have been
fraudulently acquired by any person or community. Any claim found to be fraudulently acquired by, and issued to, any person or community may be
cancelled by the NCIP after due notice and hearing of all parties concerned.
SEC. 55. Communal Rights. Subject to Section 56 hereof, areas within the ancestral domains, whether delineated or not, shall be presumed to be
communally held: Provided, That communal rights under this Act shall not be construed as coownership as provided in Republic Act. No. 386,
otherwise known as the New Civil Code.
SEC. 56. Existing Property Rights Regimes. Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall
be recognized and respected.
SEC. 57. Natural Resources within Ancestral Domains. The ICCs/ IPs shall have priority rights in the harvesting, extraction, development or exploitation
of any natural resources within the ancestral domains. A nonmember of the ICCs/IPs concerned may be allowed to take part in the development and
utilization of the natural resources for a period of not exceeding twentyfive (25) years renewable for not more than twentyfive (25) years: Provided,
That a formal and written agreement is entered into with the ICCs/IPs concerned or that the community, pursuant to its own decision making process,
has agreed to allow such operation: Provided, finally, That the NCIP may exercise visitorial powers and take appropriate action to safeguard the rights
of the ICCs/IPs under the same contract.
SEC. 58. Environmental Considerations. Ancestral domains or portions thereof, which are found to be necessary for critical watersheds, mangroves,
wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by appropriate agencies with the full participation of the
ICCs/IPs concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to
maintain, develop, protect and conserve such areas with the full and effective assistance of government agencies. Should the ICCs/IPs decide to
transfer the responsibility over the areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in accordance with its
customary laws without prejudice to the basic requirements of existing laws on free and prior informed consent: Provided, That the transfer shall be
temporary and will ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs shall be
displaced or relocated for the purpose enumerated under this section without the written consent of the specific persons authorized to give consent.
SEC. 59. Certification Precondition. All departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or
granting any concession, license or lease, or entering into any productionsharing agreement, without prior certification from the NCIP that the area
affected does not overlap with any ancestral domain. Such certification shall only be issued after a fieldbased investigation is conducted by the
Ancestral Domains Office of the area concerned: Provided, That no certification shall be issued by the NCIP without the free and prior informed and
written consent of ICCs/IPs concerned: Provided, further, That no department, government agency or governmentowned or controlled corporation
may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT: Provided, finally, That the
ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation
process.
SEC. 60. Exemption from Taxes. All lands certified to be ancestral domains shall be exempt from real property taxes, special levies, end other forms of
exaction except such portion of the ancestral domains as are actually used for largescale agriculture, commercial forest plantation and residential
purposes or upon titling by private persons: Provided, That all exactions shall be used to facilitate the development and improvement of the ancestral
domains.
SEC. 61. Temporary Requisition Powers. Prior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate,
but in no case beyond three (3) years after its creation, the NCIP is hereby authorized to request the Department of Environment and Natural
Resources (DENR) survey teams as well as other equally capable private survey teams, through a Memorandum of Agreement (MOA), to delineate
ancestral domain perimeters. The DENR Secretary shall accommodate any such request within one ( I ) month of its issuance: Provided, That the
Memorandum of Agreement shall stipulate, among others, a provision for technology transfer to the NCIP.
SEC. 62. Resolution of Conflicts. In cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the
survey plan, and which can not be resolved, the NCIP 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 between and/or among ICCs/IPs regarding the traditional boundaries of their respective
ancestral domains, customary process shall be followed. The NCIP shall promulgate the necessary rules and regulations to carry out its adjudicatory
functions: Provided, further, That any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the
application, implementation, enforcement and interpretation of this Act may be brought for Petition for Review to the Court of Appeals within fifteen(
15) days from receipt of a copy thereof
SEC. 63. Applicable Laws. Customary laws, traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied first with
respect to property rights, claims and ownerships, hereditary succession and settlement of land disputes. Any doubt or ambiguity in the application
and interpretation of laws shall be resolved in favor of the ICCs/IPs.
SEC. 64. Remedial Measures. Expropriation may be resorted to in the resolution of conflicts of interest following the principle of the "common good."
The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired 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
within two (2j years from the effectivity of this Act: Provided, finally, that the action for reconveyance shall be within a period of ten ( 10) years in
accordance with existing laws.

CHAPTER IX: JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
SEC. 65. Primacy of Customary Laws and Practices. When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.
SEC. 66. Jurisdiction of the NClP. The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs:
Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary
laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the
same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP.
SEC. 67. Appeals to the Court of Appeals. Decisions of the NCIP shall be appealable to the Court of Appeals byway of a petition for review.
SEC. 68. Execution of Decisions, Awards Orders. Upon expiration of the period herein provided and no appeal is perfected by any of the contending
parties, the Hearing Of ricer of the NCIP, on its own initiative or upon motion by the prevailing party, shall issue a writ of execution requiring the sheriff
or the proper officer to execute final decisions, orders or awards of the Regional Hearing Officer of the NCIP.
SEC. 69. QuasiJudicial Powers of the NClP. The NCIP shall have the power and authority:
a) To promulgate rules and regulations governing the hearing and disposition of cases filed before it as well as those pertaining to its internal functions
and such rules and regulations as may be necessary to carry out the purposes of this Act;
b)To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production
of such books, papers, contracts, records, agreements and other document of similar nature as may be material to a just determination of the matter
under investigation or hearing conducted in pursuance of this Act;
c) To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and
d) To enjoin any or all acts involving or arising from any case pending before it which, if not restrained forthwith, may cause grave or irreparable
damage to any of the parties to the case or seriously affect social or economic activity.
SEC. 70. No Restraining Order or Preliminary Injunction. No inferior court of the Philippines shall have jurisdiction to issue an restraining order or writ
of preliminary injunction against the NCIP or any of its duly authorized or designated offices in any case, dispute or controversy arising from, necessary
to, or interpretation of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains.

CHAPTER X: ANCESTRAL DOMAINS FUND
SEC. 71. Ancestral Domains Fund. There is hereby created a special fund, to be known as the Ancestral Domains Fund, an initial amount of One
hundred thirty million pesos (P130,000,000) to cover compensation for expropriated lands, delineation and development of ancestral domains. An
amount of Fifty million pesos (P50,000,000) shall be sourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto
operation, Ten million pesos (P10,000,000) from the gross receipts of the travel tax 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 deem appropriate. Thereafter, such
amount shall be included in the annual General Appropriations Act. Foreign as well as local funds which are made available for the ICCs/lPs through the
government of the Philippines shall be coursed through the NCIP. The NCIP may also solicit and receive donations, endowments and grants in the form
of contributions, and such endowments shall be exempted from income or gift taxes and all other taxes, charges or fees imposed by the government or
any political subdivision or instrumentality thereof.
CHAPTER XI: PENALTIES
SEC. 72. Punishable Acts and Applicable Penalties. Any person who commits violation of any of the provisions of this Act, such as, but not limited to,
unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts
mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the ICCs/IPs
concerned: Provided, That no such penalty shall be cruel, degrading or inhuman punishment: Provided, further, That neither shall the death penalty or
excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of existing laws. In which
case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not
more than twelve (12) years or a fine of not less than One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000)
or both such fine and imprisonment upon the discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever
damage may have been suffered by the latter as a consequence of the unlawful act.
SEC. 73. Persons Subject to Punishment. If the offender is a juridical person, all officers such as, but not limited to, its president, manager, or head of
office responsible for their unlawful 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 disqualification to hold public office.