INDIGENOUS PEOPLES

BY GROUP III
 Protecting and Promoting IP Rights
2 CONVENTIONS UNDER ILO
1. C107 - Indigenous and Tribal 1.
Populations Convention of 1957
2. C169 - Indigenous and Tribal
Peoples Convention of 1989 2.
2 DECLARATIONS UNDER UNGA
1992 Declaration on the Rights of
Persons Belonging to National or
Ethnic, Religious and Linguistic
Minorities
2007 United Nations Declaration on
the Rights of Indigenous Peoples
 1957 1989 1992 2007

C107 C169 Declaration on the United Nations

Indigenous and Indigenous and Rights of Persons Declaration on the
Tribal Populations Tribal Peoples Belonging to National Rights of Indigenous
Convention Convention or Ethnic, Religious Peoples
and Linguistic
Minorities
 2 Conventions Under ILO

DTR FTR

Indigenous and Adopted on 27 countries ● Framework for economic issues

Tribal Populations June 26, signed
face by IPs in relation to their
1 Convention of 1957 1957
cultural, religious, civil and social
9 countries
In force denounced rights
June 2 1952

Indigenous and Adopted on 23 countries ● Revised C 107

Tribal Peoples June 27, signed ● Technically similar
2 Convention of 1989 1989 ● Removal of Assimilationist
Approach
In force
Sept 5, 1991
 WHY ILO?

Different cultural views as to

Labor
2 Declarations Under UN General Assembly

DTR FTR

Declaration on the Rights Adopted on ● Culture

of Persons Belonging to December 8, ● Religion
1 National or Ethnic, 1992
● Language
Religious and Linguistic
Minorities

United Nations Adopted on 114 in favor, ● Individual and Collective Rights

Declaration on the Sept 13, 2007 11 abstained ● Discrimination
2 Rights of Indigenous
● Self-determination
Peoples
● Not legally binding
Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic
Minorities
Minority
Rights

Purpose:

To reaffirm the basic aims of the United

Nations

To reaffirm faith in fundamental rights

To further promote the realization of all the

principles contained in the United Nations
Charter and all other international instruments
that have been adopted between and among
individual states of the United Nations

To protect minorities whether national or

local, religious or ethnic, or linguistic
Minority versus
Indigenous People

Most Indigenous people belong to the minority

Indigenous people belong to a class of minority

called ethnic minority.

Thus, there are other classes of minority group

that are not of indigenous people such as
minority nationality (racial minority), religious
minority, and linguistic minority.

By, definition, a minority group refers to a

category of people who experience relative
disadvantage as compared to members of a
dominant social group.
Minority by Nationality

Most commonly known as racial minority

A group of a certain race that are in the

minority compared to a larger group, the rest of
the population, etc.
-Collins Dictionary
Nationals of other
countries living in the
Philippines

According to the 2010 Census of the Philippines

Statistics Office,

Nationals from the United States of

America take the number one spot as the most
numerous, followed by the Chinese from China,
Japanese Nationals, Indians and finally the
Canadians rounding up the top 5.
 Chinese Nationals

Chinese Nationals, including Filipinos with

Chinese blood, are quite numerous in the
Philippines. But despite such number, they
often experience discrimination and as a result
they chose to seclude themselves from the
majority.

Chinese New Year Celebration, Philippines

Under the UN Declaration,
The Philippines cannot:

A. Prohibit other nationals in

the Philippines like the
Chinese from enjoying their
own culture;

B. Prohibit the usage of their

own language and culture
Religious Minorities

These refer to the group of

people who profess a different
religion compared to the
majority.

In the Philippines, we are the

only catholic dominated state in
Southeast Asia. Nevertheless,
other religions in the
Philippines fall under the
minority group.
Religious Minorities

These refer to the group of

people who profess a different
religion compared to the
majority.

In the Philippines, we are the

only catholic dominated state in
Southeast Asia. Nevertheless,
other religions in the
Philippines fall under the
minority group.
 -
Religions in the Philippines

● Roman Catholics - 80.6%

● Protestants - 8.2%
● Other Christians - 3.4%
Golden Mosque in North Cotobato
● Muslims - 5.6%
● Tribal Religions - 0.2%
● Others - 1.9%
● None - 0.1%

(2010 estimate)

Iglesia ni Cresto in Commonwealth Sunrise Ritual of IP’s Oldest Roman Catholic Churn in San Agustin - 1607
 Thus, under the UN Declaration the
Philippines CANNOT:

● Restrict the practice of these

minorities with their religion nor
can they force those that don’t
have one to practice a certain
religion.

● Discriminate minorities by religion

in all aspects such as denying them
equal protection of the laws,
restrict their freedom of speech,
etc.
LINGUISTIC MINORITIES

● Refers to those people who speak

languages that are different from
the language used by the majority
of a given community or nation.

● All states have minority language,

for instance in the Philippines,
according to Ethnologue:
Languages in the World, there are
about 120 to 187 languages spoken
in the Philippines, depending on
the classification method.
 Official Languages of the Philippines
Filipino and English are the two official languages in the
country.
Back then, Spanish used to be the official language.

Meanwhile, these four languages are used by

approximately 9 million native speakers.
• Tagalog

• cebuano

• Ilocano

• Hiligaynon
 Other native languages with about 3
million speakers
• Waray
• Bikol
• Kapampangan
• Pangasinan
• Maranao
• Tausug
• Maguindanao
• Zamboangueño
• Karay-a
• Surigaonon
All of these languages even have dialectal variances. Thus, creating more gap
between Filipinos through language and dialect.
 According to a report made by a United Nations Special Rapporteur,
the following nine areas are concerning with regard to the enjoyment
of the rights of linguistic minorities:

(1) threats to the existence of minority languages and linguistic minorities;

(2) recognition of minority languages and linguistic rights;
(3) the use of minority languages in public life;
(4) minority languages in education;
(5) minority languages in the media;
(6) minority languages in public administration and judicial fields;
(7) minority language use in names, place names and public signs;
(8) participation in economic and political life; and
(9)the provision of information and services in minority languages.
 Article 1
States must protect the
existence of minorities.

Ifugao Tribe of Banaue

Article 1.1

Aeta Tribe of Central Luzon

Badjao Tribe in Sulu Sea

 Article 1
States must take measures to
protect and promote the rights
of minorities and their identity.

Article 1.2

M’ranaw Enthronement Ceremony

A Buddhist funeral rite, East Asia.

 Article 2

Minorities should not have to

hide away their cultures,
languages and religions.

Article 2.1

Cherokee Tribe on Southern Woodlands of the U.S.

 Article 2

Minorities have the right to

participate fully in every aspect
of society.

Article 2.2

A Sikh police officer, Western Europe.

 Article 2

Political participation enables

the voices of minorities to be
heard.

Article 2.3

Hazara men queuing to vote, Southern Asia.

 Article 2

Minorities can set up

associations, clubs or
cultural centres to maintain
their cultural or religious
life, including educational
or religious institutions.

Article 2.4
Tausug Association

Buryat riders preparing to celebrate a festival, Central

 Article 2

Peaceful contacts of
minorities must not be
restricted.

Article 2.5

Uyghurs, Islam Minority in China

 Article 3

Members of minorities can exercise

their rights individually or with others.

Article 3.1

Yakan Wedding
 Article 3

Defending minority rights

must not be punished.

Article 3.2

Afro-descendant children, South America.

 Article 4

Equal protection of the law

Article 4.1

Higaunon Tribe of Bukidnon “People of the Wilderness”

 Article 4

Creation of favorable
condition for minorities

Article 4.2

Manobo Tribe of Central and Northern Mindanao and Caraga Region

 Article 4

Minority language
education is a key
component of protecting
the identity of minorities.

Article 4.3

B’laan Tribe of Southern Mindanao

 Article 4

The history, traditions and

cultures of minorities
must be reflected in
education.

Article 4.4

T’boli Tribe of Lake Sebu “Textile Tribe”

 Article 4

Everyone, including
members of minorities,
should be included in
progress and development
of their societies.

Article 4.5

Teduray Tribe of Maguindanao and Sultan Kudarat

 Article 5

National policies should

always consider the rights
and legitimate interest of
ethnic minorities

Article 5

Mamanwa Tribe of Agusan and Surigao Province

 Article 6

States should cooperate

with other states on Article 6
questions, issues,
information, researches
regarding minorities in
order to promote mutual
understanding

Article 7
Jama Mapun of Mapun Island, Sulu
States should cooperate to
promote all the rights set Article 7
forth in this declaration
 Article 8

States should fulfill in

good faith treaties,
obligations and
commitments it assumed
for minorities

This declaration shall not Article 8

prejudice the enjoyment of
all persons of human
rights
Iranun of Maguindanao and Cotobato
 Article 9

Specialized agencies and

other organization shall
help in fulfilling the rights
declared in the present
declaration

Article 9

Maguindanao Tribe “People of the Flood Plains”

How to address violations of the rights
of minorities

According to the United Nation’s publication entitled “Minority Rights:

International Standards and Guidance for Implementation”, these are the
options or mechanisms to choose from:

• Human Rights Treaty Bodies

• Forum on Minority issues
• Independent expert on Minority Issues
• ILO Mechanism
• UNESCO Mechanism
 Human Rights Treaty Bodies
The right to be treated equally is a human right. Therefore, violations over
the rights of Minorities qualify as violation of their own human rights. Thus,
an aggrieved individual or community of the minority may seek redress
through the following:

• The Human Rights Committee, which oversees the International

Covenant on Civil and Political Rights
• The Committee on Economic, Social and Cultural Rights
• The Committee on the Elimination of Racial Discrimination
 The Forum on Minority Issues
This forum has been established by the Human Rights Council in 2007. It is
intended to provide for a platform for promoting dialogue and cooperation
among all stakeholders on issues pertaining to national, ethnic, religious
and linguistic minorities.

So should a member of a minority feel that his state is failing in protecting

his/her minority rights, he or she may send a letter addressing the
Secretariat of the Forum. The forum will then address the issue during its
once a year meeting in order.
The Independent Expert on Minority Issues

Information on the specific situation of a particular group or individual as well

as on the general welfare of minorities in a country or region can be sent to
the Independent Expert through OHCHR. Based on information received from
a variety of sources, the independent expert can raise issues directly with
Governments.
 ILO and UNESCO Mechanisms
The International Labour Organization or ILO shall be the proper body to
raise issues if the minority or a group of minorities are discriminated in work
place environments, meanwhile the UNESCO shall be the proper body to
address issues if the violation of minority rights involve its areas or fields of
competence such science, culture, education.

Thus, minorities that are being harshly treated by labor laws or policies by a
state may address the issuw directly with the ILO. MEeanwhile, a minority or
community of minority whose heritage sites were being demolished may raise
their concerns with the UNESCO.
 1
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8
9

C169: Indigenous and Tribal Peoples

Convention
Indigenous Peoples in the Philippines
Igorots Lumads Badjaos

r i g h t s
a r a nt e ed
t h e i r g u ?
t a r e n ti on
Wha v e
Tumandok Palawan Tribes
n
Ati
r t h e C o
u n d e

Mangyan Aetas
 Parts Application
1. General Policy
2. Land
3. Recruitment and Conditions of
Employment
4. Vocational Training, Handicrafts and
Rural Industries
BOTH TRIBAL AND INDIGENOUS
5. Social Security and Health PEOPLES C 169
6. Education and Means of
Communication
7. Contracts and Cooperation Across
Borders
8. Administration
9. General Provisions
10. Final Provisions
Who are covered by the
Convention?

● Tribal Peoples [Art.1 (1a)]

● Indigenous Peoples [Art. 1 (1b)]

Tribal versus Indigenous Peoples?

Tribal Indigenous
Peoples in independent countries whose Peoples in independent countries who are
social, cultural, and economic regarded as indigenous on account of their
conditions distinguish them from other descent from populations which inhabited
sections of the national community, and the country, or a geographical region to
whose status is regulated wholly or which the country belongs, at the time of
partially by their own customs or traditions conquest or colonization or the
or by special laws of regulations. establishment of present states
boundaries, and who, irrespective of their
legal status, retain some or all of their own
social, economic and political
institutions.
 Unique elements of Indigenous
Peoples?
Indigenous Elements
Peoples in independent countries who are
regarded as indigenous on account of their ✔ Historical continuity
descent from populations which inhabited
the country, or a geographical region to ✔ Territorial connection
which the country belongs, at the time of
conquest or colonization or the
✔ Distinct social, economic,
establishment of present states
boundaries, and who, irrespective of their cultural, and political institutions
legal status, retain some or all of their own
social, economic and political
institutions.
Cobo definition of Indigenous
communities

“Those which, having a historical continuity with pre-invasion

and pre-colonial societies that developed on their own territories,
consider themselves distinct from other sectors of the
societies now prevailing in those territories, or parts of them. They
form at present non-dominant sectors of society and are
determined to preserve, develop, and transmit to future
generations their ancestral territories, and their ethnic
identity, as the basis of their continued existence as peoples, in
accordance with their own cultural, social institutions and
legal systems.”
Fundamental
criterion: Self-identification
Characterized by:
● group consciousness
● group acceptance
IPRA definition of Indigenous
peoples
“A group of people or homogeneous societies identified by
self-ascription and ascription by others, who have
continually lived as organized communities on community-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, non-indigenous
religions and cultures, become historically differentiated from
the majority of Filipinos.”
Indigenous people versus
minority groups
Indigenous Peoples in the World

● 370 million indigenous individuals

● 90 countries
● 5000 diverse cultures
● Less than 5% of world’s total population
● More than 15% of the global poor
Facts & Figures concerning Indigenous
Peoples around the World
Facts & Figures concerning Indigenous
Peoples around the World
Facts & Figures concerning Indigenous
Peoples around the World
Indigenous Peoples in the Philippines
Igorots Lumads Badjaos

Ati Tumandok Palawan Tribes

Mangyan Aetas
Indigenous Peoples in the Philippines

● 12-15 million
● 10-15% of the
population
● Present in 65 of
the country’s 78
provinces
● 61% are found in
Mindanao, 33% in
Luzon, 6% in
Visayas
 Indigenous Peoples in the
Philippines
● Close attachment to ancestral land, territory, and
resources: “land is life”
● Among the poorest and most marginalized sectors
● Experience neglect and discrimination: Sulong
Katribu case
● General health situation is below the national
average
● High rates of unemployment and illiteracy
● Victims of armed conflicts
4 Core principles of indigenous
people’s identity and advocacy

1. Right to development
2. Self-determination
3. Free, prior, and informed consent
4. Human rights are collective rights
 August 9

International Day of Indigenous Peoples

 Rights
Guaranteed

General Rights Specific Rights

Overview of
Guaranteed
Rights

1. Land
1. Equal Protection of Laws 2. Employment
2. Enjoyment of Human Rights 3. Vocational Training
3. Civil Rights 4. Social Security and Health
4. Political Rights 5. Education and Communication
5. Cultural Rights 6. Contracts and International
Cooperation
 General Rights

1. Equal Protection of Laws

2. Enjoyment of Human
Rights
3. Civil Rights
4. Political Rights
5. Cultural Rights

PART I
GENERAL POLICIES
Rights Guaranteed by the Convention
CONVENTION IPRA

1. Equal footing of rights and opportunities Section 23 - Freedom from Discrimination and
which national laws and regulations grant to Right to Equal Opportunity and Treatment
other members of the population

2. Right to enjoy the full measure of human Section 21 - Equal Protection and
rights and fundamental freedoms without Non-discrimination of ICCs/IPs Part I.
discrimination General
Policies
3. Right to enjoyment of the general rights of
citizenship without discrimination

4. Right to decide their own priorities for the Section 17 - Right to Determine and Decide
process of development Priorities for Development
Rights Guaranteed by the Convention
CONVENTION IPRA

5. Right to participate in the formulation, Section 16 - Right to Participate in

implementation, and evaluation of plans and Decision-Making
programmes for national and regional
development which may affect them directly

6. Right to retain their own customs and Section 29 - Protection of Indigenous Culture,
institutions Traditions and Institutions Part I.
General
Limitation - when not incompatible with Policies
fundamental rights defined by the national legal
system and with internationally recognised human
rights

7. Right to deal with the offences committed by Section 15 - Justice System, Conflict Resolution
their members through their own customary Institutions, and Peace Building Processes
methods
Section 66 - Jurisdiction of the NCIP
Limitation – only to the extent compatible with the
national legal system and internationally
recognized human rights
Rights Guaranteed by the Convention
CONVENTION IPRA

8. Right against exaction of compulsory

personal services in any form

Part I.
General
Policies
State Mandate: To establish means by which IPs may participate in Elections

Problems Identified Resolutions

Part I.
1. No names and knowledge as to their 1. COMELEC Resolution No. 10080, General
age 10057 and 10549 Policies
2. Lack of legal documents ➢ express lanes
3. Hamletting or Hakot system ➢ separate polling places
4. IPs are prevented from voting ➢ accessible voting center Article
➢ special satellite registration 6(b)
○ registration
○ lacking documents or IDs
 Specific Rights

1. Land
2. Employment
3. Vocational Training
4. Social Security and Health
5. Education and
Communication
6. Contracts and International
Cooperation
PART II
LAND
Rights Guaranteed by the Convention
CONVENTION IPRA

9. Right of ownership and possession of the Section 7(a) - Rights to Ancestral Domains. Right
IPs over the lands they traditionally occupy of Ownership

10. Right to use lands not exclusively occupied Section 7(b) - Rights to Ancestral Domains. Right
by them but to which they have traditionally to Develop Lands and Natural Resources
had access for their subsistence and
traditional activities Part II.
Land
11. Right to natural resources pertaining to their
lands

12. Right to participate in the use,

management, and conservation of these
resources

13. Right to equal treatment with regard to

provision of more land and means to
promote its development
Rights Guaranteed by the Convention
CONVENTION IPRA

14. Right not to be removed from occupied Section 7(c) - Rights to Ancestral Domains. Right
lands to Stay in the Territories.

Xpn: exceptional measure of relocation with

consent

15. Right to return to their traditional lands upon Section 7(d) - Rights to Ancestral Domains. Right Part II.
cessation of grounds for relocation in Case of Displacement. Land

16. Right to transmit their land rights through Section 8 (a) - Rights to Ancestral Lands. Right
their established procedures to transfer land/property.
 Specific Rights

1. Land
2. Employment
3. Vocational Training
4. Social Security and Health
5. Education and
Communication
6. Contracts and International
Cooperation PART III
RECRUITMENT AND CONDITIONS OF
EMPLOYMENT
Rights Guaranteed by the Convention
CONVENTION IPRA

17. Right to non-discriminatory admission to Section 24 Unlawful Acts Pertaining to

employment Employment.

18. Right to equal remuneration for work of (a)

equal value
Part II.
19. Right to equal medical and social Section 25 - Basic Services. Recruitment
assistance, all social security benefits and and
Employment
any other occupationally related benefits,
and housing

20. Right to occupational safety and health Section 23 p(3)

- restriction against hazardous working
21. Right to association and freedom for all conditions
lawful trade union activities
- right to association and freedom for union
Right to conclude collective agreements activities and to conclude CBAs
with employers
 Specific Rights

1. Land
2. Employment
3. Vocational Training
4. Social Security and Health
5. Education and
Communication
6. Contracts and International
Cooperation PART IV
VOCATIONAL TRAINING, HANDICRAFTS AND
RURAL INDUSTRIES
Rights Guaranteed by the Convention
CONVENTION IPRA

22. Right to equal opportunities to vocational Section 25. Basic Services.

training measures and for recognition of
their economic activities as an important
factor in their culture
Part IV.
Vocational
Training,
Handicrafts,
and Rural
Industries
 Specific Rights

1. Land
2. Employment
3. Vocational Training
4. Social Security and Health
5. Education and
Communication
6. Contracts and International
Cooperation
PART V
SOCIAL SECURITY AND HEALTH
Rights Guaranteed by the Convention
CONVENTION IPRA

23. Right to social security schemes without Section 25 - Basic Services

discrimination

24. Right to adequate physical and mental

health services
Part V.
Social
Security and
Heath
 Specific Rights

1. Land
2. Employment
3. Vocational Training
4. Social Security and Health
5. Education and
Communication
6. Contracts and International
Cooperation PART VI
EDUCATION AND MEANS OF
COMMUNICATION
Rights Guaranteed by the Convention
CONVENTION IPRA

25. Right to acquire education at all levels on equal Section 30 - Educational Systems.
footing with the rest of the national community

26. Right to establish their own educational Section 26

institutions and facilities
Part V.
Limitation – shall meet minimum standards Education
established and Means of
Communicati
27. Right of IP children to be taught to read and write on
in their own indigenous language

28. Right to attain fluency in the national language or

in one of the official languages of the country

29. Right to the preservation and promotion of their

language development and practice

30. Right of IP children to general knowledge and

skills for full participation on equal footing in the
community
 Specific Rights

1. Land
2. Employment
3. Vocational Training
4. Social Security and Health
5. Education and
Communication
6. Contracts and International
Cooperation PART VII
CONTRACTS AND COOPERATION ACROSS
BORDERS

31. Right to contracts and cooperation between IPs across

borders including activities in the economic, social,
spiritual and environmental fields
 1
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Q UE

C169: Indigenous and Tribal Peoples

Convention
INDIGENOUS PEOPLES’ RIGHTS ACT OF
1997 (Republic Act No. 8371)
Signed into law on October 29, 1997
 BACKGROUND
Early Beginnings

Bureau of Forestry
Cariño v. Insular Administrative Order
Government No. 11 of 1970
IPRA
1936 1978

1909 1970 1997

Commonwealth Presidential Arm of
Act No. 141 National Minorities
(PANAMIN)
 CONSTITUTIONAL ANCHORS
ARTICLE II, SECTION 22.
The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.

ARTICLE XII, SECTION 5. The State, subject to the provisions of this

Constitution and national development policies and programs, shall
protect the rights of indigenous cultural communities to their ancestral
lands to ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership
and extent of ancestral domain.
 CONSTITUTIONAL ANCHORS

ARTICLE XIII, SECTION 6. The State shall apply the principles of

agrarian reform or stewardship, whenever applicable in accordance
with law, in the disposition or utilization of other natural resources,
including lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, homestead rights of
small settlers, and the rights of indigenous communities to their
ancestral lands.
 CONSTITUTIONAL ANCHORS
ARTICLE IV, SECTION 17. The State shall recognize, respect, and protect
the rights of indigenous cultural communities to preserve and develop
their cultures, traditions, and institutions. It shall consider these rights
in the formulation of national plans and policies.
 THE LAW
Four Bundles of Rights defined under IPRA
1. Right to Ancestral Domains and Lands

2. Right to Self-Governance and Empowerment

3. Right to Social Justice and Human Rights

4. Right to Cultural Integrity

 National Commission on Indigenous
Peoples

The NCIP shall protect and promote the interest and

well-being of the ICCs/IPs with due regard to their
beliefs, customs, traditions, and institutions.
Original and Exclusive Jurisdiction of the
Regional Hearing Office
1. Cases involving disputes and controversies over ancestral lands/domains of ICCs/IPs,
except those which involve oppositions to pending applications for CALT and CADT;

2.Enforcement of compromise agreements or decisions rendered by ICCs/IPs;

3.Actions for redemption/reconveyance under Section 8 (b) of R.A. 8371;

4. Interpretation, implementation, or enforcement of Memorandum of Agreements (MOA)

entered into by parties as a result of the Free Prior and Informed Consent (FPIC) process;

5.Cases involving Projects, Programs, Activities within ancestral lands/domains being

implemented without the required FPIC of the affected/host IPs/ICCs;

6.Petitions for annotation on CADTs and CALTs or cancellations thereof, except notice of lis
pendens and those that will result to transfer of ownership;
7.Actions for damages including, but not limited to, claims for royalties and other benefits.

8.Cases affecting property rights, claims of ownership, hereditary succession, and settlement
of land disputes, between and among ICCs/IPs that have not been settled under customary
laws; and

9.Such other cases analogous to the foregoing.

SOURCE: Administrative Circular No. 1 Series of 2014 (The 2014 Revised Rules of Procedure
before the National Commission on Indigenous Peoples)
THE PROCEEDINGS BEFORE THE REGIONAL HEARING OFFICE
Receipt of Complaint/Petition
Upon receipt of the
complaint/petition directly
from the
petitioner/complainant or
from the field offices, the Clerk
of the Regional Hearing Office
shall specify the date of
receipt, assign the case
number, and immediately
cause the issuance of the
corresponding summons to
the defendant/respondent.
Summons
The summons shall direct the
defendant/respondent to
answer the complaint/petition
within fifteen (15) days from
receipt thereof.
Preliminary Conference
After the answer is filed and
the case is not dismissed
under any of the
circumstances mentioned in
Section 6, Rule VII hereof, the
Regional Hearing Officer shall
calendar the case for
preliminary conference
 THE PROCEEDINGS BEFORE THE REGIONAL HEARING OFFICE

Judgment based on
Referral of the case for Conciliation Judgment based on a
settlement under Customary
or Mediation Compromise
Law

If during the preliminary conference,
the parties failed to reach an
amicable settlement, the Regional
Hearing Officer shall refer the case
for mediation and conciliation to the
concerned Provincial Officer or to
any officer of the Regional Office.
The mediation shall be for a period
not to exceed sixty (60) days from
receipt of the referral order by the
mediator unless extended for just
cause.
If a settlement is reached as a
result of the application of
customary laws, the same
shall be submitted to the
Regional Hearing Office for
recording purposes and for
the rendition of judgment
based on the settlement.
Where the parties agreed to settle the
controversy during the preliminary
conference, an order shall be issued
by the Regional Hearing Officer
directing the parties and their
respective counsels to put in writing
their compromise agreement within
ten (10) days from the preliminary
conference or mediation conference.
Thereafter, a hearing shall be
scheduled to consider the
compromise agreement.
 THE PROCEEDINGS BEFORE THE REGIONAL HEARING OFFICE
Hearing before the Regional Hearing
Office
Note: The Regional Hearing
Officer, taking into
consideration the applicability
of customary laws and
practices, may conduct
hearings and resolve motions
or other incidents outside of
the hearing office at a
specified time and date.
Case is deemed submitted for
resolution
The case is deemed
submitted for Resolution after
the parties have finally rested
their case and/or submitted
their respective memoranda,
or after the lapse of period
within which to file the same.
Period to render judgment: 90
days from the date the case is
submitted for resolution
Motion for Reconsideration
Only one motion for
reconsideration of the
resolution or decision of the
Regional Hearing Officer,
which disposes of the case
shall be allowed. Said motion
shall be filed within fifteen
(15) days from receipt of a
copy of the assailed
resolution or decision.
THE PROCEEDINGS BEFORE THE REGIONAL HEARING OFFICE
Finality of Judgment
A judgment rendered by the
Regional Hearing Officer shall
become final and executory
upon the lapse of fifteen (15)
days from the receipt of all
parties and/or their respective
counsel/s of the decision,
award, or order denying the
motion for reconsideration,
and there is no appeal.
Effective Enforcement of
Judgment
In order for the Regional
Hearing Office to effectively
enforce its decisions, awards
or final orders, any suitable
process or procedure may be
employed and adopted, unless
this does not conform with
the spirit of R.A. 8371 or this
Rules, or violates customary
laws and practices.
Appeal to the Commission
Decisions, awards, or final
orders of the Regional Hearing
Officer may be appealed to the
Commission by filing a
Memorandum on Appeal with
the Regional Hearing Office,
and serving a copy thereof
upon the adverse party.
 Original and Exclusive Jurisdiction of the
Commission En Banc
1.Petition for cancellation of registered CADTs and CALTs alleged to have
been fraudulently acquired by, and issued to, any person or community as
provided for under Section 54 of R.A. 8371, provided that such action is
filed within one (1) year from the date of registration;

2.Actions for cancellations of Certification Precondition (CP), Certificate of

Non-Overlap (CNO), issued by the NCIP, as well as, rescissions of
FPIC-MOA; and

3.Any other case that deems to vary, amend, or revoke previously issued
rulings, resolutions, or decisions of the Commission en banc.
SOURCE: Administrative Circular No. 1 Series of 2014 (The 2014 Revised Rules of Procedure
before the National Commission on Indigenous Peoples)
 THE PROCEEDING BEFORE THE COMMISSION EN BANC
Filing of Petition and Action and
Certificate of Non-Forum shopping
All petitions and actions under
this Rules must be verified
and filed in five (5) legible
copies and shall contain a
sworn certification of
non-forum shopping.
Order to Comment
If the petition is sufficient in
form and substance, the
Commission en banc shall
order the respondent/s to
comment on the petition
within ten (10) days from
receipt of the notice of the
order requiring him/her to do
so.
Preliminary Conference
After the comment is filed or
upon the lapse of the time for
its filing, the Commission en
banc shall set the case for
preliminary conference and
shall issue the necessary
order directing the parties to
appear
 THE PROCEEDING BEFORE THE COMMISSION EN BANC
Mediation
The Commission en banc
shall assign the case to the
appropriate Ethnographic
Commissioner to facilitate
ADR. The said Commissioner
shall set mediation within
thirty (30) days from date of
assignment and complete the
proceedings within sixty (60)
days from the day of first
conference.
Preliminary Conference Order
A preliminary conference
order will be issued indicating
the stipulations made or
agreement reached during
said conference, the issues to
be resolved, the dates of
presentation of evidence, if
any, and the evidence
presented. The preliminary
conference Order shall be
signed by the parties and their
respective counsels.
Submission of Memoranda
After the preliminary
conference order has been
issued, the Commission en
banc shall require the parties
to submit memoranda to
support their claims and
defenses within fifteen (15)
days from receipt of the order
requiring them to do so.
 THE PROCEEDING BEFORE THE COMMISSION EN BANC
Decision
The Commission en banc
shall render its decision within
ninety (90) days from receipt
of the last memorandum or
expiration of the period for
filing the same.
Service and Enforcement of
Judgment
A certified true copy of the
resolution or decision shall be
served upon the tribunal,
corporation, board, person and all
parties concerned in such manner
as the Commission en banc may
direct, and disobedience thereof
may be punished as contempt.
Service to counsel shall be
deemed service upon the party.
Motion for Reconsideration
Only one motion for
reconsideration on the
resolution or decision of the
Commission en banc that
finally disposes of the case
shall be allowed. Said motion
shall be filed within fifteen
(15) days from receipt of a
copy of the assailed
resolution or decision.
 THE PROCEEDING BEFORE THE COMMISSION EN BANC
Appeal to the Court of Appeals
Resolutions or decision of the
Commission en banc may be
appealed to the Court of
Appeals only by way of a
petition for review on
certiorari.
Execution of Judgment
Only judgments, decisions, or
final orders in these original
jurisdiction cases that finally
dispose of the case shall be
subject of execution as a
matter of right.
Effective Enforcement of
Judgment
In order for the Commission en
banc to effectively enforce its
decisions, awards or final orders in
these original jurisdiction cases,
any suitable process or procedure
may be employed and adopted,
unless this does not conform with
the spirit of R.A. 8371 or this Rules,
or violates customary laws and
practices. This may include
remanding the case to the
Regional Director for execution.
Complaint/Information Sheet (Prescribed form)
Complaint/Information Sheet (Prescribed form)
Delineation and Recognition of Ancestral
Domains
Self-delineation 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.
 DELINEATION PROCESS
Delineation Preparation of Report of
Petition for Delineation Proof Required
Proper Maps Investigation

The process of The official delineation Proof of Ancestral On the basis of such A complete copy of the
delineating a specific of ancestral domain Domain Claims shall investigation and the preliminary census and
perimeter may be boundaries including include the testimony of findings of fact based a report of investigation,
initiated by the NCIP census of all community elders or community thereon, the Ancestral shall be prepared by the
with the consent of the members therein, shall under oath, and other Domains Office of the Ancestral Domains
ICC/IP concerned, or be immediately documents directly or NCIP shall prepare a Office of the NCIP
through a Petition for undertaken by the indirectly attesting to perimeter map,
Delineation filed with the Ancestral Domains the possession or complete with technical
NCIP, by a majority of Office upon filing of the occupation of the area descriptions, and a
the members of the application by the since time immemorial description of the
ICCs/IPs ICCs/IPs concerned. by such ICCs/IPs in the natural features and
concept of owners landmarks embraced
therein
 DELINEATION PROCESS
Endorsement NCIP Issuance of Registration of
Notice and Publication
to NCIP Certification CADT CADTs

A copy of each document, Within fifteen (15) days The Chairperson of the ICCs/IPs whose The NCIP shall register
including a translation in the from publication, and of NCIP shall certify that ancestral domains have issued certificates of
native language of the ICCs/IPs
the inspection process, the area covered is an been officially ancestral domain titles
concerned shall be posted in a
prominent place therein for at the Ancestral Domains ancestral domain. delineated and and certificates of
least fifteen (15) days. A copy of Office shall prepare a determined by the NCIP ancestral lands titles
the document shall also be report to the NCIP shall be issued a CADT before the Register of
posted at the local, provincial endorsing a favorable in the name of the Deeds in the place
and regional offices of the NCIP,
action upon a claim that community concerned, where the property is
and shall be published in a
is deemed to have containing a list of all situated.
newspaper of general circulation
once a week for two (2) sufficient proof. those identified in the
consecutive weeks to allow census
other claimants to file
opposition thereto within fifteen
(15) days from date of such
publication
 Some Cases on IPRA
A. Heirs of Tunged v. Sta.
Lucia Realty (G.R. No.
231737)
B. Lo Loy Unduran v. Roman
Aberasturi (G.R. No.
181284)
C. Cruz v. Secretary of
Environment and Natural
Resources (G.R. No.
135385)
Related International Legislation on IPRA

United Nations Declaration on

the Rights of Indigenous Peoples
 Organizations related to IPRA
A. Asian Development Bank
B. International Labour Organization
C. Philippine Action for Intercultural Development
D. National Confederation of Indigenous Peoples
E. Tribal Communities Association of the Philippines
 Policy Gaps on Governance
A. No official, reliable baseline information on the poverty profile and
gender disaggregated data of the IP population

B. Unstable policy environment and insufficient enabling conditions for

genuine implementations of IPRA

C. Need to increase awareness on, and recognition of, traditional

socio-political institutions and structures and customary laws for civil
peace building.

D. Strengthening of institutional and human resource capacities of NCIP to

fulfill its mandate are not fully addressed
 Policy Gaps on Gender
A. Absence of gender perspective on program and policy planning and
development

B. Limited participation of IP women in traditional and formal political

institutions

C. Economic marginalization, political subordination, and multiple burden

among IP women

D. Prevalence of abuse and violence against women (VAW) in most IP

communities
 Section 56
Section 56 of IPRA states that “property rights within the
ancestral domains already existing and/or vested upon
effectivity of this Act, shall be recognized and respected.”

This section is problematic as it means that any title

before 1997 hold more weight than an ancestral claim.
Scholars and pro-indigenous groups have criticized this
section as it effectively destroys any ancestral land claim
before 1997.