Ipra Book

THE INDIGENOUS PEOPLE RIGHTS ACT OF 1997
THE INDIGENOUS PEOPLE ACT OF 1997

Indigenous People's Rights Act of 1997 (IPRA) also known as (RA 8371) is
a legislation that recognize and promote all the rights of Indigenous Cultural
Communities/Indigenous Peoples of the Philippines.
Year 1909, in the case of Carino vs. Insular Government, the court has
recognized long occupancy of land by an indigenous member of the cultural
communities as one of private ownership, which, in legal concept, is termed
"native title". This case paved the way for the government to review the
socalled "native title" or "private right." In the year 1919, the Second Public
Land Act was enacted, recognizing the right of ownership of any native of the
country who, since July 4, 1907, or prior thereto, has continuously occupied
and cultivated, either by himself or through his predecessors-in-interest, a tract
of agricultural public land.
In 1936, Commonwealth Act No.141 amended by R.A. 3872 of 1964, was
passed, which provides the members of the national cultural minorities who
have resided on agricultural public land since July 4, 1955, are entitled to
recognition of ownership whether or not the land has been certified as
"disposable." They shall be conclusively presumed to have performed all
conditions essential to a government grant and shall be entitled to a certificate
of title.
In the 1970’s, the laws protecting indigenous people's land expanded to
territorial and bigger domains. Under Bureau of Forestry Administrative Order
No. 11 of 1970, all forest concessions were made subject to the private rights
of cultural minorities within the area as evidence by their occupation existing at
the time a license was issued by the government. The Revised Forestry Code of
1975 (Presidential Decree 705 under President Marcos) defines this "private
right" of as "places of abode and worship, burial grounds and old clearings."
In 1978, the Presidential Arm for National Minorities (PANAMIN) was
authorized to design, implement and maintain settlements among the National
Minorities. Prior to this, a Presidential Decree was issued in 1974, "declaring all
agricultural lands occupied and cultivated by members of the national Cultural
Communities since 1964 as alienable and disposable, except the islands of
Panay and Negros and the provinces of Abra, Quezon, Benguet and Camarines
which became effective on March 11, 1984."
The most recent laws before the Indigenous People's Rights Act of 1997 was
passed which recognized the existence of ancestral land right are the Organic
Act of Autonomous Region in Muslim Mindanao (RA 6734, 1989), and
REPUBLIC ACT NO. 8371
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the Organic Act for the Cordillera Autonomous Region (RA 6766, 1989). The
decrees that have been passed, failed to encompass all the needs of the
indigenous people primarily because of failure in implementation and sole
focus on the land and domains only.
Because of this, a more comprehensive law is needed that "seek to stop
prejudice against indigenous people through recognition of certain rights over
their ancestral lands, to live in accordance, recognize and protect the rights of
the indigenous people not only to their ancestral domain but to social justice
and human rights, self-determination and empowerment, and their cultural
integrity," This then gave birth to movements for a comprehensive law that will
protect not only the lands, but human rights of the indigenous Filipino people.
CIPRAD or the Coalition for Indigenous People's Rights and Ancestral
Domains is an alliance of Indigenous People's Organizations (IPO’s) and
nongovernment organizations (NGO’s) created to pursue the advocacy for IP
rights and ancestral domains. The Coalition is participated by IPOs in the
Cordillera, Region I, Nueva Vizcaya, Cagayan, Caraballo, Sierra Madre, Quezon,
Aurora, Quirino, Nueva Ecija, Zambales, Pampanga, Bulacan, Mindoro
Occidental, Palawan, Panay, Davao, Cagayan, Cotabato and Zamboanga.
CIPRAD partnered with various NGOs organizations such as Episcopal
Commission on Indigenous Peoples, National Peace Conference, Center for
Living Heritage and PANLIPI (Legal Assistance Center for Indigenous Filipinos) in
order to lobby for the IPRA or Indigenous People's Rights Act.
IPRA, formerly known as Ancestral Domain Bill, was first filed in the
Congress sometime in 1987 under the Senate Bill No. 909 authored by Senator
Santanina Rasul, Senator Joseph Estrada and Senator Alberto Romulo, during
the 8th Congress, but was never enacted in to law. In the 9th Congress, Senator
Rasul introduced Senate Bill No. 1029 and Senator Macapagal-Arroyo
introduced Senate Bill No. 1849. However, the bill was never sponsored and
deliberated upon in the floor.
Despite these failed efforts, the IPOs decided to give it another try.
Decisions have been made during social negotiations among NGOs and POs to
rename the bill from Ancestral Domain Bill to Indigenous Peoples Rights Act to
emphasize the holistic approach and character of the bill. A consensus was
made on December 1995 between IP representatives and NGO
representatives. Seven non-negotiable points of the bill that were promoted are
the following: a) recognition of native title and rights of IPs to ancestral
domains, b) respect for the right to cultural integrity, c) recognition of
indigenous peoples’ political structures and governance, d) delivery of basic

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services to the indigenous peoples, e) respect for human rights, f) elimination

of discrimination, g) and creation of an office that would cater to the IPs needs.
Year 1996, during the 10th Congress, Senator Juan Flavier sponsored the
Bill no. 1728 which meant that he has to defend the bill in all the Senate
deliberations and discussions. In his sponsorship speech, he discussed the legal
bases for the bill which can be found in the 1987 Constitution. He also
discussed the basic rights of the ICCs, the contents of the bill itself, and the
immediate need of protection of the Filipino Indigenous People.
Despite difficult hurdles and amendments enacted in the Congress which
nearly brought the movement to its death, the House of Representatives finally
approved the bill late in September 1997. President Fidel V. Ramos signed it on
22nd of October 1997 officially making it Republic Act No. 8371 Indigenous
People's
Rights Act of 1997 which aims to "Recognize, Protect and Promote the Rights of
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPS) and for other
Purposes.
"The Philippines is a culturally diverse country with an estimated 14- 17
million Indigenous Peoples (IPs) belonging to 110 ethno-linguistic groups. They
are mainly concentrated in Northern Luzon (Cordillera Administrative Region,
33%) and Mindanao (61%), with some groups in the Visayas area (as of 2013)."
term indigenous people as used to reflect the contemporary international
language which was formally adopted in 1993.
The term indigenous cultural communities (ICCs) was used in the
Philippine Constitution to describe a group of people sharing common bonds of
language, customs, traditions and other distinctive cultural traits, and who
have, under claims of ownership since time immemorial, occupied, possessed
and utilized a territory. 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 and utilized a defined territory devolved to them by operation of
custom law/traditions or inherited from their ancestors.
Both the terms IPs and ICCs refer to homogenous societies identified by
self-ascription and ascription by others, who have continuously lived as a
community on communally bounded and defined territory, sharing common
bonds of customs, traditions and other cultural traits, through resistance to
political, social and cultural inroads to colonization, non-indigenous religions
and culture. Whereas, majority of the Filipino learned very well the ways of the
colonial masters by adapting to their laws and practices, the minority (IPs),
consciously asserted the integrity of their ancestral territories, pre-Hispanic
native culture and justice systems which are viewed as diametrically opposed
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to the majority's world view, but which the IPRA law attempts to recognize and
interface with the national legal system.
The 1997 IPRA Law defines ancestral domains as "areas generally
belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and
natural resources 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 time even 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 or corporations, and which
are necessary to ensure their economic, social and cultural welfare. It shall
include forests, pastures, residential, agricultural and other lands individually
owned whether alienable and disposable 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 and IPs who are still nomadic
and or shifting cultivators."
Ancestral domains include the spiritual and cultural bonds to the areas
which the ICCs/IPs possess, occupy and use and to which they have claims of
ownership (inherited from ancestors). This generally refers to areas which they
have possessed at a period of time when as far back as memory can go. Proofs
of time immemorial possession main may include testimony of elders, historical
accounts, anthropological or ethnographic studies, names of places, using
dialect or language of indigenous peoples, genealogy, treaties or pacts,
between or among indigenous peoples and or other populations
Ancestral lands, as stated in the law, refer to "lands occupied, possessed
and utilized by individuals, families and clans who are members of the ICCs/IPs
since time immemorial, by themselves or through their predecessors-
ininterest, under claims of individual or traditional group ownership,
continuously, to the present even 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."
Ancestral land owners are given the right to transfer these ancestral
lands and the right to redeem ancestral lands lost through vitiated consent. It
is different with ancestral domains in a sense that it specifically refers to the
land while the domain may include land, water, and aerial territories.
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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
CHAPTER I General Provisions
SECTION 1. Short Title. — This Act shall be known as “The Indigenous Peoples’
Rights Act of 1997”.
SECTION 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 gender, 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 securing maximum ICC/IP
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participation in the direction of education, health, as well as other services of

ICCs/IPs, 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
SECTION 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 predecessors-in-interest, 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;

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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 and 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, non-indigenous 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 non-indigenous 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 decision making 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;

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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 this Act,
which shall be under the Office of the President, and which shall be the primary
government agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote the rights of
ICCs/IPs;
l) Native Title — refers to pre-conquest rights to lands and domains
which, as far back as memory reaches, have been held under a claim of private
ownership by ICCs/IPs, have never been public lands and are thus indisputably
presumed to have been held that way since before the Spanish Conquest;
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
SECTION 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

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bonds to the areas which the ICCs/IPs possess, occupy and use and to which
they have claims of ownership.
SECTION 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.
SECTION 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.
SECTION 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;

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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 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.

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SECTION 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 non-
member of the concerned ICCs/IPs is tainted by the vitiated consent of the
ICCs/IPs, or is transferred for an unconscionable consideration or price, the
transferor ICC/IP shall have the right to redeem the same within a period not
exceeding fifteen (15) years from the date of transfer.
SECTION 9. Responsibilities of ICCs/IPs to their Ancestral 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.
SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and

unlawful intrusion upon, or use of any portion of the ancestral domain, or any
violation of the rights hereinbefore enumerated, shall be punishable under this
law. Furthermore, the Government shall take measures to prevent non-
ICCs/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.
SECTION 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.

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SECTION 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 individually owned ancestral lands
who, by themselves or through their predecessors-in-interest, have been in
continuous possession and occupation of the same in the concept of owner
since 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 individually owned
ancestral lands, which are agricultural in character and actually used for
agricultural, residential, pasture, and tree farming purposes, including those
with a slope of 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 Self-Governance and Empowerment
SECTION 13. Self-Governance. — The State recognizes the inherent right of

ICCs/IPs to self-governance and self-determination 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.
SECTION 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.
SECTION 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

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respective communities and as may be compatible with the national legal

system and with internationally recognized human rights.
SECTION 16. Right to Participate in Decision Making. — 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 policy-making bodies and other local
legislative councils.
SECTION 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 well-being, 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.
SECTION 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.
SECTION 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.
SECTION 20. Means for Development/Empowerment of ICCs/IPs. — 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

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SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. — 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.
SECTION 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.
SECTION 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,
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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.
SECTION 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 non-ICC/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.
SECTION 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 differently abled 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.
SECTION 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 the decision making
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.

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SECTION 27. Children and Youth. — The State shall recognize the vital role of
the children and youth of ICCs/IPs in nation building and shall promote and
protect their physical, moral, spiritual, intellectual and social well-being.
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.
SECTION 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
SECTION 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.
SECTION 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.
SECTION 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 cultural educational 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 the
State owned media duly reflect indigenous cultural diversity. The State shall
likewise ensure the participation of appropriate indigenous leaders in schools,

16
communities and international cooperative undertakings like festivals,

conferences, seminars and workshops to promote and enhance their
distinctive heritage and values.
SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to

practice and revitalize their own cultural traditions and customs. The State shall
preserve, 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.
SECTION 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.
SECTION 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 and 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 health 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.

17
SECTION 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.
SECTION 36. Sustainable Agro-Technical Development. — The State shall

recognize the right of ICCs/IPs to a sustainable agro technological development
and shall formulate and implement programs of action for its effective
implementation. The State shall likewise promote the bio-genetic and resource
management systems among the ICCs/IPs and shall encourage cooperation
among government agencies to ensure the successful sustainable development
of ICCs/IPs.
SECTION 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)
SECTION 38. National Commission on Indigenous Cultural

Communities/Indigenous 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 well-being of the ICCs/IPs and the recognition of their ancestral
domains as well as the rights thereto.
SECTION 39. Mandate. — 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.
SECTION 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

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Commissioners shall be appointed by the President of the Philippines from a

list of recommendees 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.
SECTION 41. Qualifications, Tenure, Compensation. — The Chairperson and the

six (6) Commissioners must be natural born Filipino citizens, bona fide
members of the 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, further, That the members of the
NCIP shall hold office for a period of three (3) years, and may be subject to re-
appointment 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
in accordance with the Salary Standardization Law.
SECTION 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.
SECTION 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.
SECTION 44. Powers and Functions. — To accomplish its mandate, the NCIP
shall have the following powers, jurisdiction and function:

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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;
l) To prepare and submit the appropriate budget to the Office of the
President;

20
m) To issue appropriate certification as a pre-condition 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.
SECTION 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.
SECTION 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;

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b) Office on Policy, Planning and Research — The Office 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 Five-Year Master Plan for the ICCs/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 related rights as provided in this Act. It shall assist,
promote and support community schools, both formal and non-formal, 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 related 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 offices who shall 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 preserve 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 Socio-Economic 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 socio-economic
services, policies, plans and programs affecting the ICCs/IPs to ensure that the

22
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 socio-political,
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 decision making. 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/IPs rights. On the basis of its findings, it shall initiate the
filing of appropriate legal or administrative action to the NCIP.
SECTION 47. Other Offices. — The NCIP shall have the power to create
additional offices as it may deem necessary subject to existing rules and
regulations.
SECTION 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 offices, the NCIP shall establish field
offices in said provinces.
SECTION 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

23
on a permanent basis. The staffing pattern of the office shall be determined by

the NCIP subject to the existing rules and regulations.
SECTION 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

SECTION 51. 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. 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.
SECTION 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;

24
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 (1) 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/IPs; 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) Write-ups 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 of the NCIP 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

25
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 that 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 those identified in
the census; and
k) Registration of CADTs. — The NCIP shall register issued certificates
of ancestral domain titles and certificates of ancestral lands titles before the
Register of Deeds in the place where the property is situated.
SECTION 53. Identification, Delineation and Certification of Ancestral Lands. —

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;

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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 individuals 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
27
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.
SECTION 54. Fraudulent Claims. — The Ancestral Domains Office may, upon
written request from the ICCs/IPs, 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.
SECTION 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 co-ownership as provided in Republic Act No. 386, otherwise
known as the New Civil Code.
SECTION 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.
SECTION 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 non-member 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 twenty-five
(25) years renewable for not more than twenty-five (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.

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SECTION 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.
SECTION 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
production sharing 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 field based 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 government owned 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.
SECTION 60. Exemption from Taxes. — All lands certified to be ancestral

domains shall be exempt from real property taxes, special levies, and other
forms of exaction except such portion of the ancestral domains as are actually
used for large-scale agriculture, commercial forest plantation and residential
purposes or upon titling by private persons: Provided, That all exactions shall

29
be used to facilitate the development and improvement of the ancestral

domains.
SECTION 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 (1) month of its issuance: Provided, That the Memorandum of Agreement
shall stipulate, among others, a provision for technology transfer to the NCIP.
SECTION 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 cannot 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.
SECTION 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.
SECTION 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

30
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 (2) 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
SECTION 65. Primacy of Customary Laws and Practices. — When disputes

involve ICCs/IPs, customary laws and practices shall be used to resolve the
dispute.
SECTION 66. Jurisdiction of the NCIP. — 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.
SECTION 67. Appeals to the Court of Appeals. — Decisions of the NCIP shall be
appealable to the Court of Appeals by way of a petition for review.
SECTION 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 Officer 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.
SECTION 69. Quasi-Judicial Powers of the NCIP. — The NCIP shall have the
power and authority:
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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.
SECTION 70. No Restraining Order or Preliminary Injunction. — No inferior

court of the Philippines shall have jurisdiction to issue any 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
SECTION 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/IPs through the government of the
Philippines shall be coursed through the NCIP. The NCIP may also solicit and

32
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
SECTION 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.
SECTION 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.
CHAPTER XII Merger of the Office for Northern Cultural Communities (ONCC)
and the Office for Southern Cultural Communities (OSCC)
SECTION 74. Merger of ONCC/OSCC. — The Office for Northern Cultural

Communities (ONCC) and the Office of Southern Cultural Communities (OSCC),
created under Executive Order Nos. 122-B and 122-C respectively, are hereby
merged as organic offices of the NCIP and shall continue to function under a

33
revitalized and strengthened structures to achieve the objectives of the NCIP:

Provided, That the positions of Staff Directors, Bureau Directors, Deputy
Executive Directors and Executive Directors, except positions of Regional
Directors and below, are hereby phased out upon the effectivity of this Act:
Provided, further, That officials and employees of the phased out offices who
may be qualified may apply for reappointment with the NCIP and may be given
prior rights in the filling up of the newly created positions of NCIP, subject to
the qualifications set by the Placement Committee: Provided, furthermore,
That in the case where an indigenous person and a non-indigenous person with
similar qualifications apply for the same position, priority shall be given to the
former. Officers and employees who are to be phased out as a result of the
merger of their offices shall be entitled to gratuity a rate equivalent to one and
a half (1 ½) month’s salary for every year of continuous and satisfactory service
rendered or the equivalent nearest fraction thereof favorable to them on the
basis of the highest salary received. If they are already entitled to retirement or
gratuity, they shall have the option to select either such retirement benefits or
the gratuity herein provided. Officers and employees who may be reinstated
shall refund such retirement benefits or gratuity received: Provided, finally,
That absorbed personnel must still meet the qualifications and standards set by
the Civil Service and the Placement Committee herein created.
SECTION 75. Transition Period. — The ONCC/OSCC shall have a period of six (6)
months from the effectivity of this Act within which to wind up its affairs and to
conduct audit of its finances.
SECTION 76. Transfer of Assets/Properties. — All real and personal properties

which are vested in, or belonging to, the merged offices as aforestated shall be
transferred to the NCIP without further need of conveyance, transfer or
assignment and shall be held for the same purpose as they were held by the
former offices: Provided, That all contracts, records and documents relating to
the operations of the merged offices shall be transferred to the NCIP. All
agreements and contracts entered into by the merged offices shall remain in
full force and effect unless otherwise terminated, modified or amended by the
NCIP.
SECTION 77. Placement Committee. — Subject to rules on government

reorganization, a Placement Committee shall be created by the NCIP, in
coordination with the Civil Service Commission, which shall assist in the

34
judicious selection and placement of personnel in order that the best qualified
and most deserving persons shall be appointed in the reorganized agency. The
Placement Committee shall be composed of seven (7) commissioners and an
ICCs’/IPs’ representative from each of the first and second level employees
association in the Offices for Northern and Southern Cultural Communities
(ONCC/OSCC), nongovernment organizations (NGOs) who have served the
community for at least five (5) years and peoples organizations (POs) with at
least five (5) years of existence. They shall be guided by the criteria of retention
and appointment to be prepared by the consultative body and by the pertinent
provisions of the civil service law.
CHAPTER XIII Final Provisions
SECTION 78. Special Provision. — The City of Baguio shall remain to be

governed by its Charter and all lands proclaimed as part of its townsite
reservation shall remain as such until otherwise reclassified by appropriate
legislation: Provided, That prior land rights and titles recognized and/or
acquired through any judicial, administrative or other processes before the
effectivity of this Act shall remain valid: Provided, further, That this provision
shall not apply to any territory which becomes part of the City of Baguio after
the effectivity of this Act.
SECTION 79. Appropriations. — The amount necessary to finance the initial

implementation of this Act shall be charged against the current year’s
appropriation of the ONCC and the OSCC. Thereafter, such sums as may be
necessary for its continued implementation shall be included in the annual
General Appropriations Act.
SECTION 80. Implementing Rules and Regulations. — Within sixty (60) days
immediately after appointment, the NCIP shall issue the necessary rules and
regulations, in consultation with the Committees on National Cultural
Communities of the House of Representatives and the Senate, for the effective
implementation of this Act.
SECTION 81. Saving Clause. — This Act will not in any manner adversely affect
the rights and benefits of the ICCs/IPs under other conventions,
35
recommendations, international treaties, national laws, awards, customs and

agreements.
SECTION 82. Separability Clause. — In case any provision of this Act or any
portion thereof is declared unconstitutional by a competent court, other
provisions shall not be affected thereby.
SECTION 83. Repealing Clause. — Presidential Decree No. 410, Executive Order
Nos. 122-B and 122- C, and all other laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed or
modified accordingly.
SECTION 84. Effectivity. — This Act shall take effect fifteen (15) days upon its
publication in the Official Gazette or in any two (2) newspapers of general
circulation.
Approved: October 29, 1997
Comment and Discussions:
Republic Act (RA) No. 8371

• Otherwise known as the Indigenous Peoples Rights Act (IPRA) of 1997,
has been around for almost fifteen years to recognize and protect the
rights of the Indigenous People of the Philippines. More over, RA No.
8371 is an act to recognize, protect, and promote the rights of
indigenous cultural communities/indigenous people, creating a national
commission of indigenous people, establishing, implementing
mechanisms, appropriating funds, and for other purposes. In other
36
simple words, the said Act provides Indigenous peoples (IPs) the right to
their ancestral domains and lands.
• Indigenous peoples share distinctive traits that set them apart from the
Filipino mainstream. While the mainstream Filipinos are Christians, the
indigenous people are the non-Christians. Accordingly, the IPs “live in
less accessible, marginal, mostly upland areas. They have a system of
self-government not dependent upon the laws of the central
administration of the Republic of the Philippines. They follow ways of life
and customs that are perceived as different from those of the rest of the
population” (Cruz v. DENR).
• Ancestral domains, based on the definition provided in RA No. 8371,

transcend physical and residential territories to include areas of spiritual,
cultural and traditional practices.
• Ancestral domains, as defined in the IPRA, “refer to all areas generally

belonging to [Indigenous Cultural Communities] 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.”
• Ancestral lands, which are part of ancestral domains, are defined in RA

No. 8371 as lands “occupied, possessed and utilized by individuals,
families and clans who are members of the ICCs/IPs since time
37
immemorial, by themselves or through their predecessors-ininterest,

under claims of individual or traditional group ownership, continuously,
to the present time 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.”
• RA No. 8371 provides IPs’ the rights to ancestral domains, which include
the right of ownership, right to develop lands and natural resources,
right to stay in the territories, right in case of displacement (temporary
or permanent resettlement and right to return), right to regulate entry of
migrants, right to safe and clean air and water, right to claim parts of
reservations (except those intended for common public welfare and
service) and the right to resolve conflict. For ancestral lands, in
particular, IPs have the right to transfer land/property rights to/among
members of the same ICCs/IPs and the right to redeem the property in
case of transfers that raise questions on consent given by IPs and
transfers made with unjust considerations and/or prices.
• IPs in the Philippines can claim ownership of their ancestral domains in

three different ways, which include the following:
(1) by virtue of a native title, getting formal recognition of ownership by

acquiring a certificate of ancestral domain title (CADT);
(2) certificate of ancestral land title (CALT) from the National

Commission on Indigenous Peoples (NCIP)-Ancestral Domains Office
(ADO) or by securing a certificate of title by virtue of
“Commonwealth Act 141, as amended, or the Land Registration Act
496. A native title, according to RA No. 8371, “refers to pre-conquest
rights to land 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.”

38
• A CALT or CADT, on the other hand, was granted by the government and
was provided for by law to those IPs who wish to obtain these titles. The
IPRA, specifically Section 12, also states that IPs have the option to
acquire certificates of title under the provisions of the amended
Commonwealth Act No. 141.
• This Act follows the Torrens System of land registration and titles issued
under this system are called Torrens Titles.
RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8371,

OTHERWISE KNOWN AS “THE INDIGENOUS PEOPLES’ RIGHTS ACT OF 1997”

39
Pursuant to Section 80 of Republic Act No. 8371, otherwise known as “The

Indigenous Peoples’ Rights Act of 1997” (IPRA), the following rules and
regulations are hereby promulgated for the guidance and compliance of all
concerned.
RULE I. PRELIMINARY PROVISIONS
Section 1. Title. These rules shall be known and cited as “The Rules and
Regulations Implementing the Indigenous Peoples’ Rights Act of 1997” (IPRA).
Section 2. Purpose. These rules are hereby promulgated to prescribe the

procedures and guidelines for the implementation of Republic Act No. 8371,
otherwise known as “The Indigenous Peoples’ Rights Act of 1997” (IPRA) in
order to facilitate compliance therewith and achieve the objectives thereof.
Section 3. Declaration of Policy. The State recognizes the inherent dignity and
equal and inalienable rights of all members of Philippine society as the
foundation of freedom, justice and peace. The rights of indigenous cultural
communities / indigenous peoples are universal, indivisible, interdependent
and interrelated. It is, therefore, the policy of the state to recognize and
promote all individual and collective rights of ICCs/IPs within the framework of
national unity and development in accordance with the Constitution and
applicable norms and principles.
Section 4. Operating Principles. In implementing the policies enumerated in

these Rules, the following operating principles shall be adhered to:
a) Cultural Diversity. As the beginning of unity is difference, the
diversity of cultures, traditions, beliefs and aspirations of indigenous peoples
shall be encouraged and fostered in openness, mutual respect for, and active
defense of the equal and inalienable dignity and universal, indivisible,
interdependent and interrelated rights of every human being, in the spirit of
inter-people cooperation;
b) Consensus and Peace-Building. In resolving conflicts or disputes
affecting or pertaining to indigenous peoples, any determination or decision
thereon shall be reached through dialogue and consensus as far as practicable;
c) Cultural Integrity. Within ancestral domains/lands, the holistic and
integrated adherence of indigenous peoples to their respective customs,

40
beliefs, traditions, indigenous knowledge systems and practices, and the

assertion of their character and identity as peoples shall remain inviolable;
d) Human Dignity. The inherent and inalienable distinct character,
sacred human dignity, and unique identity of indigenous peoples as peoples
shall be respected;
e) Subsidiarity, Solidarity and Total Human Development. In the
pursuit of civil, political, economic, social and cultural development, the human
person shall be the central subject thereof and its active participant and
beneficiary. Everyone has duties to the community. In the exercise of rights
and freedoms, everyone shall be subject only to such limitations as are
determined by custom or law, solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting
the just requirements of morality, public order and the general welfare in a
democratic society; and
f) Transparency and Capacity Building. The Commission shall
perform its tasks on the basis of transparency and active support and
participation by the ICCs/IPs, and shall take a pro- active strategy in
empowering ICCs/IPs and in the fulfillment of its mandate.
RULE II. DEFINITION OF TERMS
Section 1. Definition of Terms. For purposes of these Rules and Regulations the
following terms shall mean:
a) Ancestral Domains. Refers to all areas generally belonging to
ICCs/IPs, subject to property rights within ancestral domains already existing
and/or vested upon the effectivity of the Act, 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
voluntary dealings entered into by the 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

41
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. Refers to land, subject to property rights within
the ancestral domains already existing and/or vested upon effectivity of the
Act, occupied, possessed and utilized by individuals, families and clans who are
members of the ICCs/ IPs since time immemorial, by themselves or through
their predecessors-in-interest, under claims of individual or traditional group
ownership, continuously, to the present 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 (CADT). 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 Land Title (CALT). Refers to a title formally
recognizing the rights of ICCs/IPs over their ancestral lands.
e) Culture Sensitive. Refers to the quality of being compatible and
appropriate to the culture, beliefs, customs and traditions, indigenous systems
and practices of ICCs/IPs.
f) Communal Claims. Refer to claims on land, resources and rights
thereon belonging to the whole community within a defined territory.
g) Commercial Forest Plantation. Refers to any land planted to
timber producing species, including rubber, and/or non-timber species such as
rattan and bamboo, primarily to supply the raw material requirements of
existing or proposed public or private forest-based industries, energy-
generating plants and related industries.
h) Customary Laws. Refer to a body of written or unwritten rules,
usages, customs and practices traditionally observed, accepted and recognized
by respective ICCs/ IPs.
i) Customs and Practices. Refers to norms of conduct and patterns of
relationships or usages of a community over time accepted and recognized as
binding on all members.
j) Community Intellectual Rights. Refer to the rights of ICCs/IPs to
own, control, develop and protect: (a) the past, present and future
manifestations of their cultures, such as but not limited to, archeological and
historical sites, artifacts, designs, ceremonies, technologies, visual and
performing arts and literature as well as religious and spiritual properties; (b)

42
science and technology including, but not limited to, human and other genetic
resources, seeds, medicine, health practices, vital medicinal plants, animals
and minerals, indigenous knowledge systems and practices, resource
management systems, agricultural technologies, knowledge of the properties
of fauna and flora, oral traditions, designs, scientific discoveries; and, (c)
language, script, histories, oral traditions and teaching and learning systems.
k) Free and Prior Informed Consent. As used in the 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 and coercion, and obtained after fully disclosing the
intent and scope of an activity, in a language and process understandable to
the community.
l) Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs).
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, non-indigenous 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.
m) Indigenous Peoples’ Rights Act (IPRA) or Act. Heretofore, the Act
shall refer to Republic Act
No. 8371.
n) Indigenous Political Structures. Refer to organizational and cultural
leadership systems, institutions, relationships, patterns and processes for
decision making and participation identified by ICCs/ IPs such as, but not
limited to, Council of Elders, Council of Timuay, Bodong Holders, or any other
tribunal or body of similar nature.
o) 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.
43
p) Indigenous Knowledge Systems and Practices. Refer to systems,

institutions, mechanisms, and technologies comprising a unique body of
knowledge evolved through time that embody patterns of relationships
between and among peoples and between peoples, their lands and resource
environment, including such spheres of relationships which may include social,
political, cultural, economic, religious spheres, and which are the direct
outcome of the indigenous peoples, responses to certain needs consisting of
adaptive mechanisms which have allowed indigenous peoples to survive and
thrive within their given socio-cultural and biophysical conditions.
q) Large Scale Agriculture. Refers to any commercial or profit making
business activity or enterprise, involving the cultivation of soil, planting of
crops, growing of trees, raising of livestock, poultry fish or aquaculture
production including the harvesting of such farm products, and other farm
activities and practices performed in conjunction with such farming operations,
agribusiness or services, by natural or juridical persons whether single
proprietorship, cooperative, partnership or corporation.
r) National Commission on Indigenous Peoples (NCIP). Refers to the
office created under the 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.
s) Native Title. Refers to pre-conquest rights to lands and domains
which, as far back as memory reaches, have been held under a claim of private
ownership by ICCs /IPs, have never been public lands and are thus indisputably
presumed to have been held that way since before the Spanish Conquest.
t) Natural Resources. Refer to life support systems such as, but not
limited to, the sea, coral reefs, soil, lakes, rivers, streams and forests as well as
useful products found therein such as minerals, wildlife, trees and other plants,
including the aesthetic attributes of scenic sites that are not man-made.
u) Non-Government Organization (NGO). Refers to a private, non-
profit
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.
v) Peoples’ Organization. Refers to a private, non-profit voluntary
organization of members of an ICC/IP which is accepted as representative of
such ICCs/IPs.

44
w) Self Governance. Refers to the right of ICCs/IPs to pursue their

economic, social, and cultural development; promote and protect the integrity
of their values, practices and institutions; determine, use and control their own
organizational and community leadership systems, institutions, relationships,
patterns and processes for decision making and participation, such as, but not
limited to, Council of Elders, Bodong Holders, Dap-ay, Ator, Council of
Mangkatadong, or any other body of similar nature.
x) 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, belief
systems, and practices.
y) 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 and
utilized a defined territory devolved to them, by operation of custom law or
inherited from their ancestors, in accordance with their customs and
traditions.
z) Unlawful or Unauthorized Intrusion. Refers to the occupation of
lands and utilization of resources within the ancestral domain without the
consent of the IP concerned or through invasion, violation, wrongful entry or
entry by stealth or force or uninvited entrance upon the territorial domain of
another. aa) Usurpation. Usurpation of real rights in property or occupation of
real property as defined in Article 312 of the Penal Code is committed by any
person who, by means of violence against or intimidation of persons, shall take
possession of any real property belonging to another.
RULE III: RIGHTS TO ANCESTRAL DOMAINS/LANDS Part I. Policies and

Concepts
Section. 1. Constitutional and Legal Framework. 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 domains.
Section 2. Composition of Ancestral Domains/Lands. Ancestral Domains/ Lands

are all areas generally belonging to the ICCs/IPs, owned, occupied or possessed

45
by themselves or through their ancestors, communally or individually since

time immemorial.
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.
Ancestral domain consists of lands, inland waters, coastal areas, minerals and
other natural resources.
Lands within ancestral domains shall include, but not limited to, ancestral
lands, forests, pasturelands, residential lands, agricultural lands, hunting
grounds, burial grounds, worship areas, land no longer occupied by the ICCs/IPs
but from which they traditionally had access to for their subsistence and
traditional activities, home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators, and other lands individually owned whether alienable and
disposable or otherwise. Ancestral land shall consist of, but not be limited to,
residential lots, rice terraces or paddies, private forests, swidden farms, and
tree lots. Provided that property rights within the ancestral domains already
existing and/or vested upon effectivity of the Act, within ancestral
domains/lands, shall be respected and recognized.
Inland waters and coastal areas include fishing grounds, collecting grounds, and
bodies of
Section 3. Indigenous Concept of Ownership. Ancestral domains/lands and all

resources found therein form the material bases of the ICCs/IPs’ cultural
integrity. The indigenous concept of ownership therefor, generally holds that
ancestral domains are the ICCs’/IPs’ private but communal property which
belongs to all generations and shall not be sold, disposed nor destroyed. The
present generation who are today’s occupants have the inter- generational
responsibility of conserving the land and natural resources for future
generations of ICCs/IPs to enjoy.
Section 4. Recognition of Ancestral Domain and Land Rights. The rights of the
ICCs/IPs to their ancestral domains and lands by virtue of native title shall be
recognized and respected. Native title to ancestral domains and lands may be
formally recognized or established through the issuance of corresponding

46
Certificate of Ancestral Domain Title (CADT) or Certificate of Ancestral Land

Title (CALT) as provided in the Act.
All areas within ancestral domains, whether delineated or not, are presumed to
be communally owned and, pursuant to the indigenous concept of ownership,
could not be sold, disposed nor destroyed.
Areas and resources in the domains are deemed destroyed if on account of the
activity conducted or applied:
a) The area or resource could no longer serve its normal or natural
functions;
b) or That the area or resource is used in a manner not consistent with
customary laws or agreements of the indigenous peoples concerned; or
c) That the area or resource is used or gathered in a wasteful or
excessive manner resulting to irreversible loss or irreparable damage.
Part II. Rights of Indigenous Cultural Communities/Indigenous Peoples

to Ancestral Domains
Section 1. Rights of Ownership. ICCs/IPs have rights of ownership over lands,

waters, and natural resources and all improvements made by them at any time
within the ancestral domains/lands. These rights shall include, but not limited
to, the right over the fruits, the right to possess, the right to use, right to
consume, right to exclude and right to recover ownership, and the rights or
interests over land and natural resources. The right to recover shall be
particularly applied to lands lost through fraud or any form of vitiated consent
or transferred for an unconscionable price.
Section 2. Right to Develop Lands and Natural Resources. Subject to property

rights within the ancestral domains already existing and/or vested upon
effectivity of the Act, ICCs/IPs have the right to control, manage, develop,
protect, conserve, and sustainably use: 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 systems and practices (IKSPs)
and customary laws and traditions, and duly adopted Ancestral Domain
Sustainable Development and Protection Plan (ADSDPP) where ADSDPPs have
been adopted; and to equitably benefit from the fruits thereof. In all instances,
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ICCs/IPs shall have priority in the development, extraction, utilization and

exploitation of natural resources.
a) Right to Benefits. The ICCs/IPs have the right to benefit from the
utilization, extraction, use and development of lands and natural resources
within their ancestral lands/domains and to be compensated for any social
and/or environmental costs of such activities.
Accordingly, the concerned ICC/IP community shall be extended all the benefits
already provided under existing laws, administrative orders, rules and
regulations covering particular resource utilization, extraction or development
projects/activities, without prejudice to additional benefits as may be
negotiated between the parties. The NCIP, as third party, shall, among others,
assist the ICCs/IPs in the negotiation process to safeguard and guarantee that
the terms and conditions of the agreement negotiated are not inimical to the
rights of the ICCs/IPs.
The NCIP shall ensure that at least 30% of all funds received from such activities
will be allocated to the ICC/IP community for development projects or
provision of social services or infrastructure in accordance with their duly
adopted Ancestral Domain Sustainable Development and Protection Plan
(ADSDPP) whenever. In the absence of such ADSDPP, the NCIP shall assist the
ICCs/IPs in the development of a program or project to utilize such funds.
In consultation with ICCs/IPs, the NCIP shall set guidelines for the utilization of
funds accruing to ICCs/IPs.
b) Other Related Rights. The rights of ICCs/IPs to develop their

territories including all the natural resources therein shall further include, but
not limited to, the following:
(1) The right to source out, control, manage, disburse or use any
funds or appropriations from any legal entity for the development of the
territories, provided that the community concerned shall have adequate
systems to ensure individual and collective accountability and responsibility for
such funds;
(2) The right of ICCs/IPs through their Council of Elders/ Leaders,
subject to the principle of Free and Prior Informed Consent provided in
these Rules and Regulations, to enter into agreement with any legal entity, for
the utilization, extraction or development of natural resources, subject to a

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limited term of 25 years, renewable at the option of the ICCs/IPs for another 25
years, and to visitorial and monitoring powers of the ICCs/IPs and the NCIP for
purposes of ensuring that the ICCs’/IPs’ rights and interests are adequately
safeguarded and protected;
(3) The right of ICCs/IPs to protect, conserve and manage portions of
the ancestral domains/lands which they find necessary for critical watersheds,
mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover or
reforestation, with the full and effective technical and financial support of
concerned government agencies or other legal entities; and
(4) Subject to the customary laws, and Free and Prior Informed
Consent of ICCs/IPs concerned, the right to temporarily allow or permit
appropriate government agencies to manage the areas enumerated in the
preceding paragraph, under a written agreement that shall ensure that: a) a
program of technology transfer shall be pursued to enable the concerned
ICCs/IPs to ultimately manage the area themselves; and b) that no
displacement or dislocation of ICCs/IPs shall occur as a result of the
implementation of the project/activity.
Section 4. Right to Stay in Territories and Not to be Displaced Therefrom. The

right of ICCs/IPs to stay in their territories shall remain inviolate. No ICCs/IPs
shall be relocated without their free and prior informed consent nor through
any means other than eminent domain. Relocation or displacement as an
exceptional measure or as a result of calamity or catastrophe shall only be
temporary. ICCs/IPs shall have the right to return to their ancestral domain as
soon as the grounds for such relocation cease to exist, and shall have the right
to be compensated for damages sustained as a consequence of the relocation.
a) Temporary Relocation as an Exceptional Measure. Temporary
relocation is an exceptional measure if, after exhausting all legal remedies, it
stands as the only option to avoid loss of lives, and to safeguard the health and
safety of the populations affected. Temporary relocation shall generally occur
as a result of force majeure, natural calamities or catastrophes. Where
temporary relocation is determined by the ICC/IP concerned, in consultation
with the NCIP and other appropriate government agencies as an exceptional
measure, the concerned government agencies shall provide the affected
ICCs/IPs with habitable relocation sites and adequate shelter, food, and other
basic services, as well as livelihood opportunities to ensure that their needs are
effectively addressed.

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b) Right to Return to Ancestral Domain. When the reason for the

relocation ceases to exist as determined by the ICCs/IPs, in consultation with
appropriate government agencies, the ICCs/IPs shall have the right to return to
c) Rights in Case of Permanent Relocation/ Displacement. Should the
conditions for their return pose grave and long-term risks for the displaced
ICCs/IPs, and normalcy and safety of the previous settlements are irreversibly
lost, the displaced ICCs/IPs shall, upon their Free and Prior Informed Consent,
be accorded the following:
(1) Relocation to a site, which shall, in all possible cases, be of equal
quality and legal status as that previously occupied, and which shall be suitable
to provide for their present needs and future development;
(2) Security of tenure over lands to which they will be resettled or

relocated; and.
(3) Compensation for loss, injury or damage as a consequence of such
relocation or displacement.
(d) Compensation for Loss, Injury or Damage. Compensation for loss,
injury, or damage shall be obtained through the following procedures:
(1) Who may file. The following shall be entitled to compensation for
loss, injury or damage:
i) Any individual in the event of loss of life, injuries or damage to
property; ii) Concerned ICC/IP Elders/Leaders representing their communities,
in case of damage to burial grounds, worship areas, hunting grounds, or any
other parts or communal structures within the ancestral domains; or iii) The
NCIP may motu propio file the claim for loss, injury or damage for and in behalf
of the ICC/IP community.
(2) Notification to NCIP. In case the claim is filed by the affected ICC/
IP, the NCIP must be notified through its field office, of such loss, injury or
damage suffered as a result of the relocation or displacement.
(3) Filing of claim. The NCIP or affected ICC/IP with the assistance of
NCIP shall file the claim for compensation of loss, damage or injury with the
appropriate office of the agency which has caused such relocation or
displacement.
(4) Payment of compensation. The NCIP shall ensure that such claim
for payment is given due consideration and that the claimant is duly
compensated within a reasonable time.

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Section 5. Right to Regulate Entry of Migrants and Other Entities. The collective
right to use everything within the domain/land is limited only to the recognized
members of the ICCs/IP community. Accordingly, the ICCs/IPs shall have the
right to regulate the entry of migrants, including organizations who intend to
do business, engage in development or other form of activities, in their
ancestral domains/lands. For this purpose, the following shall be applicable:
a) Migrants. For purposes of these rules, a migrant is a person who is
not a native to the ancestral domain or not a part owner of ancestral land but
who, as a consequence of social, economic, political or other reasons, such as
displacement due to natural disasters, armed conflict, population pressure, or
search for seasonal work, opted to occupy and utilize portions of the ancestral
domains/lands and have since established residence therein;
b) Other entities. Other entities shall include all organizations,
corporations, associations or persons who intend to enter the ancestral
domains/lands for the purpose of doing business, development or other
activities therein; and
c) Procedure for Regulating Entry of Migrants and Other Entities. All
migrants and other entities must first secure the express permission of the
community’s council of elders/leaders who shall, in accordance with their
consensus building process, community practices, customs and traditions and
upon the Free, Prior and Informed Consent of the community members agree
to accept such migrant or entity within the domains, subject to the following
conditions:
(1) Said persons and entities can be allowed to perform activities as
are expressly authorized and which are not inimical to the development of the
ancestral domains and cultural integrity of the ICCs/IPs, and
(2) The ICCs/IPs shall maintain the right to impose penalties for
violation of the conditions in accordance with their customary laws, the Act or
its rules and regulations.
The ICCs/IPs’ Council of Leaders/Elders, with the assistance of NCIP shall take
appropriate action to ensure the effective implementation and enforcement of
these rights.
Section 6. Right to Safe and Clean Air and Water.

a) The ICCs/IPs through their indigenous knowledge systems and
practices and their customs and traditions have preserved the environment
and have demonstrated their capability to conserve and protect the integrity of

51
their ecological systems. To enable these ecologically-sound and sustainable

practices to flourish, the ICCs/IPs have the right to regulate activities that may
adversely affect their airspace, bodies of water and lands. Any violation of
environmental laws adversely affecting the integrity of the ecological
systems in ancestral domains/territories shall be penalized according to
customary laws of the ICCs/IPs concerned. The ICCs/IPs shall take the
necessary steps to source out adequate and effective technical and financial
support to protect the environment. Government shall adopt effective
measures to implement environmental laws that will preserve the quality of
freshwater, surface and ground water and minimize air pollution and other
forms of pollution that may affect the domains.
b) Environmental Conservation and Protection Program (ECPP). All
persons or entities allowed under the Act to participate in land development,
utilization, exploitation, and extraction of natural resources, and government
offices or agencies allowed to undertake or implement infrastructure projects
within ancestral lands/domains, shall submit to the NCIP, through the
concerned Regional Office, a culture-sensitive Environmental Conservation and
Protection Program (ECPP) stating in detail the environmental impact of such
activities or projects proposed, control and rehabilitation measures and
financial resource allocations therefor, implementation schedules, compliance
guarantees, and evaluation and monitoring schemes.
Within twenty (20) working days from receipt thereof, the concerned Regional
Office shall conduct preliminary evaluation of the ECPP. Based on its findings,
the Regional Office may order the ECPP to be revised and/or additional
requirements may be imposed and/or other documents may be required. The
concerned Regional office shall endorse the ECPP, with recommendations, to
the Commission.
Detailed guidelines for the preparation and implementation of the ECPPs shall
be prescribed by the Commission based on principles underlying the ICCs/IPs
framework for sustainable development of the ancestral domains and
nationally-defined environmental standards.
Section 7. Right to Claim Parts of Reservations. The dispossession of indigenous

peoples from their ancestral domains/lands by operation of law, executive fiat
or legislative action constitute a violation of the constitutional right to be free
from the arbitrary deprivation of property. As such, ICCs/IPs have the right to

52
claim ancestral domains, or parts thereof, which have been reserved for
various purposes.
a) Procedure for Reclaiming Ancestral Domains or Parts Thereof
Proclaimed as Reservations.
(1) For purposes of the enforcement of this right, the NCIP shall
review all existing Executive Orders, Administrative Orders, Presidential
Proclamations covering reservations within ancestral domains to determine
the actual use thereof.
(2) Thereafter, it shall take appropriate steps to cause the
disestablishment of the reservation or the segregation and reconveyance of
ancestral domains or portions thereof to the concerned ICCs/IPs.
b) Conditions for Continued Use of Ancestral Domains as Part of
Reservations. ICCs/IPs communities whose ancestral domains or portions
thereof continue to be used as part of reservations, have the right to negotiate
the terms and conditions thereof in a Memorandum of Agreement. The ICC/IP
community may negotiate for such use, including the grant of benefits such as,
but not limited to, preferential use of facilities in the area and free access to
basic services being dispensed therefrom, through appropriate IP desks to be
established by the administrator of the reservation.
Section 8. Right to Resolve Conflicts According to Customary Laws. All conflicts

pertaining to property rights, claims and ownership, hereditary succession and
settlement of land disputes within ancestral domains/ lands shall be resolved in
accordance with the customary laws, traditions and practices of the ICCs/IPs in
the area where the conflict arises.
If the conflict between or among ICCs/IPs is not resolved, through such

customary laws, traditions and practices, the Council of Elders/Leaders who
participated in the attempt to settle the dispute shall certify that the same has
not been resolved. Such certification shall be a condition precedent for the
filing of the complaint with the NCIP, through its Regional Offices for
adjudication.
Decisions of the NCIP may be brought on Appeal to the Court of Appeals by

way of a Petition for Review.
Part III. Rights of the ICCs/IPs to Their Ancestral Lands

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Section 1. Right to Transfer Land or Property. The various indigenous modes of

acquisition and transfer of property between and among members of the
ICCs/IPs shall be recognized as legal, valid and enforceable.
Indigenous property rights arising from marriages between IPs and non-IPs
shall be governed by customary laws of the IP spouse. The non-IP spouse shall
have usufructuary rights thereto for the maintenance and support of the
family.
Section 2. Right to Redemption. Transfer of ancestral lands by IPs to non-IPs

attended by vitiated consent or made for an unconscionable price shall, upon
investigation and proof thereof, be declared null and void ab initio and the
transferor has the right to redeem the property within a period of fifteen years
from the date of transfer. In case of fraudulent transactions, the redemption
period shall be reckoned upon the discovery of the fraud.
Consent is deemed vitiated when given through error or mistake, violence,

intimidation, undue influence, fraud or deceit. The price is considered
unconscionable when the amount compared to the value of the property is so
disproportionate as to be revolting to human conscience.
The transferor shall exercise his right to redeem within fifteen years from date
of transfer. The NCIP shall provide, as part of its Rules of Procedures, the
process for the exercise of this right. It shall include the filing of a petition
therefor stating the circumstances of vitiated consent or unconscionable price;
due notice and hearing; and the reconveyance of the property to the transferor
ICC/IP.
Section 3. Option to Secure Patents under Commonwealth Act No. 141, as

Amended. Formal recognition of native title to ancestral lands is secured
through the issuance of a Certificate of Ancestral Land Title under the Act.
Members of the ICCs/IP communities who individually own ancestral lands

shall have the option to secure Certificates of Title to such land pursuant to the
provisions of Commonwealth Act No. 141, as amended, provided such option is
exercised within twenty (20) years from approval of the Act.
Pursuant to Section 12 of the Act, all ancestral lands which have been
individually owned and actually used continuously by ICCs/IPs for a period of at

54
least thirty (30) years for agricultural, residential, pasture, or tree farming
purposes, including those with slope of more than eighteen (18) degrees are
hereby classified as alienable and disposable agricultural lands and may be
titled in accordance with the provisions of Commonwealth Act No. 141, as
amended.
Ancestral lands within ancestral domains shall remain an integral part thereof
and can only be transferred or otherwise encumbered subject to customary
laws and traditions of the community where the same is located.
Part IV. Responsibilities of ICCs/IPs to their Ancestral Domains
Section 1. Maintain Ecological Balance. Based on their indigenous and

traditional practices, ICCs/IPs shall formulate and implement their respective
systems for protecting and conserving the flora and fauna, watershed areas,
sacred places and all other objects of ritual and ecological importance in order
to preserve, restore and maintain a balanced ecology within their ancestral
domains. To ensure biological diversity, sustainable indigenous agriculture shall
be encouraged while the system of mono-cropping shall be discouraged.
The ICCs/IPs shall establish their own institutions, systems and standards for
protecting their natural resources. Such standards shall consider the national
standards as minimum, without prejudice to imposing stricter standards. For
this purpose, the ICCs/IPs shall be authorized by the government, through
appropriate issuance, to exercise powers to apprehend and prosecute all
persons violating environmental and natural resources laws within ancestral
domains in accordance with Section 72 of the Act.
The ICCs/IPs shall have access to all government funds earmarked for
environmental protection in relation to their domains. For this purpose, the
NCIP shall negotiate and enter into agreements with concerned agencies for
the effective transfer of funds appropriated for such purposes to the concerned
indigenous peoples’ communities through the NCIP.
The ICCs/IPs may, on their own initiative, likewise secure funds for such
purposes from other local and foreign sources.

55
Section 2. Restore Denuded Areas. The concerned ICCs/IPs, in collaboration

with appropriate government agencies, shall restore denuded areas within
In cases where the denudation of areas within the domains is caused by

identified natural resource licensees, the ICCs/IPs through the NCIP shall make
the proper representation to the appropriate government agency for the
enforcement of the licensees’ obligation under the contract to reforest said
areas. Should the licensee fail to implement a restoration program, the
concerned government agency shall cause the execution of the bond and apply
the same in favor of the ICCs/IPs, without prejudice to payment of
compensation for damages to the ancestral domains’ eco-systems.
Through their own POs, the concerned ICCs/IPs shall develop their own
systems for undertaking reforestation projects under such terms and
conditions that will ensure the application of IKSPs and customary laws, and
the promotion and propagation of indigenous species as well as those of
ecological importance. All such projects shall be considered an integral part of
the domains and are therefore communally-owned by such ICCs/IPs.
The management of all existing government reforestation projects within the

ancestral domains shall be transferred to the NCIP through the execution of the
appropriate instruments. The NCIP, in turn, shall execute Memoranda of
Agreement with concerned ICCs/IPs for the implementation of the projects.
Section 3. Observe Laws. In maintaining ecological balance and restoring

denuded areas within their ancestral domains, the ICCs/IPs shall adhere to the
letter, spirit and intent of the Act.
RULE IV: RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT Part

1: Self-Governance and Political Leadership Systems.
Section 1: Recognition of Authentic Leadership. In pursuance of the right to

self- governance and self-determination, the ICCs/IPs, in coordination with the
Department of the Interior and Local Government, through the NCIP, shall
formulate measures to ensure that:
a) The socio-political structures, systems and institutions of ICCs/IPs are
strengthened;
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b) The indigenous structures, systems, and institutions are not

supplanted by other forms of non- indigenous governance; and/ or
c) Mechanisms that allow the interfacing of indigenous systems of
governance with the national systems are established.
Section 2. Authentication of Indigenous Leadership Titles and Certificates of

Tribal Membership. The ICCs/IPs concerned shall have the sole power to
authenticate indigenous leadership titles and certificates of membership.
Accordingly, the ICCs/IPs shall have the following powers and rights:
a) Right to Confer Leadership Titles. The ICCs/IPs concerned, in
accordance with their customary laws and practices, shall have the sole right to
vest titles of leadership such as, but not limited to, Bae, Datu, Baylan, Timuay,
Likid and such other titles to their members.
b) Recognition of Leadership Titles. To forestall undue conferment of
leadership titles and misrepresentations, the ICCs/IPs concerned, may, at their
option, submit a list of their recognized traditional socio-political leaders with
their corresponding titles to the NCIP. The NCIP through its field offices, shall
conduct a field validation of said list and shall maintain a national directory
thereof.
c) Issuance of Certificates of Tribal Membership. Only the recognized
registered leaders are authorized to issue certificates of tribal membership to
their members. Such certificates shall be confirmed by the NCIP based on its
census and records and shall have effect only for the purpose for which it was
issued.
All Certificates of Tribal Membership previously issued under Executive Order

No. 122-B, and 122-C, as amended, shall be validated by the ICCs/IPs in
accordance with their own process and shall be endorsed to the NCIP for
confirmation and recording purposes.
Section 3. Indigenous Political Leadership Development. Indigenous leadership

emerges from the dynamics of customary laws and practices. Indigenous
leaders evolve from a lifestyle of conscious assertion and practice of traditional
values and beliefs as seen, among others, by the following attributes:
a) Demonstrates sustained wisdom and integrity in the
administration of justice and pronouncement of judgments and decisions
based on truth and the maintenance of peace;

57
b) Model head of the family, as a provider and protector of family

and
community values such as cooperation, sharing and caring;
c) Contributes and makes decisions aimed at protecting the ancestral
domain, community peace, truth, IKSPs and sustaining harmonious
relationships with neighboring tribes;
d) Recognized authority on customary laws and practices, conflict
resolution mechanism, peace- building processes, spiritual, rituals and
ceremonials; and
e) Personal integrity and honesty.
The NCIP shall support the initiatives, projects and activities of ICCs/IPs that will
strengthen and develop their socio-political and leadership systems.
Section 4. Recognition of Socio-Political Institutions and Structures. The

ICCs/IPs have the right to use their traditional justice systems, conflict
resolution institutions or peace building processes which are oriented to
settlements, reconciliation and healing, and as may be compatible with
national laws and accepted international human rights, in all conflict situations
between and among IP individuals and between and among other ICCs/IP
communities.
The NCIP shall assist ICCs/IPs to document cases resolved under the indigenous
justice systems, conflict resolution mechanisms and peace building processes in
order to provide references to be used in resolving conflicts involving ICCs/IPs.
Section 5. Support for Autonomous Regions. The autonomous regions created

under the 1987 Constitutions, in accordance with their requirements and
needs, shall be strengthened and supported by the State, following the
principles of self-governance and cultural integrity.
ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras shall use
the form and content of their ways of life as may be compatible with the
fundamental rights defined under the 1987 Constitution of the Republic of the
Philippines and other internationally recognized human rights.
Section 6. Mandatory Representation in Policy Making Bodies. The ICCs/IPs

shall be provided mandatory representation in all policy making bodies and in
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local legislative councils. ICC/IP representation shall be proportionate to their

population, and shall have the same privileges as the regular members of the
legislative bodies and/or policy making bodies.
ICC/IP representatives shall be qualified and chosen by their own communities

in accordance with a process to be determined by them. In consultation with
ICCs/IPs, the NCIP in close coordination with DILG shall come up with
appropriate measures to ensure the full participation of ICCs/IPs in matters
affecting their development. Such measures shall also include the provision of
technical assistance to develop the ICC/IP representative’s knowledge of
traditional socio-political systems, customary laws, justice system and skills in
interfacing with non-IP governance and policy making.
Section 7: Right to Determine and Decide Own Development and Right to

Develop as Peoples. The ancestral domains of the ICCs/IPs are the foundation
of their right to self- determination. As such the ICCs/IPs shall have the right to
decide their own priorities for development affecting their lives, beliefs,
institutions, spiritual well-being and the lands they own, occupy and use.
Towards these ends, the ICCs/IPs shall participate in the formulation,
implementation and evaluation of plans, policies and programs for national,
regional and local development which may affect them.
The NCIP shall take special measures to guarantee the right of ICCs/IPs to
pursue their economic, social and cultural development at their own choice
and pace and to ensure that economic opportunities created by the
government are extend to them based on freedom of initiative and
selfreliance.
Section 8. Tribal Barangays. The ICCs/IPs living in contiguous areas or

communities where they form the majority may form or constitute a separate
barangay in accordance with the Local Government Code. In consultation with
the ICCs/IPs the NCIP, in close coordination with the DILG shall formulate
measures to ensure the implementation of the principle of Equivalent Free
Voting Procedure in such barangays in order to effectively recognize indigenous
political systems, leadership structures and governance in such barangays. The
NCIP shall undertake studies and propose legislative measures to ensure the
applicability of traditional socio-political structures and processes for local

59
governance in ancestral domains/lands and geographic areas occupied by

ICCs/IPs.
Part II: Role of Peoples Organizations
Section 1. Right to Organize and Associate for Collective Actions. The NCIP shall
recognize the vital role of IPOs as autonomous partners in development and
shall fully support the development and empowerment of indigenous peoples’
organizations, or associations to pursue and protect their legitimate and
collective interests and aspirations.
In consultation with the Indigenous Peoples Organizations (IPOs), the NCIP shall
prepare guidelines for strengthening the capability of the members which shall
be culture sensitive and shall cover, among others, the following:
a) Awareness and knowledge of IPRA and its IRR;
b) IPs’ holistic and sustainable development framework;
c) Research and documentation skills particularly in taking the
testimonies of elders by way of individual and group interviews;
d) Community Organization to include traditional leadership,
community and cooperative value system, socio-political structures and
selfadvocacy;
e) Indigenous Knowledge Systems and Practices (IKSPs) to
include but not limited to customary laws, traditions and practices;
sustainable resource management systems and practices; family and
community life value systems;
f) Conflict resolution mechanisms and peace-building
processes;
g) Project management; and
h) Networking and development work partnership with other
POs, NGOs and GOs.
Section 2. Registration Requirements for Indigenous Peoples Organizations

(IPO). For the purpose of acquiring legal personality, indigenous peoples’
organizations may register with the NCIP.
The application for registration shall be filed with the concerned NCIP
Provincial Office with the following attachments:
a) Duly accomplished NCIP Registration Form;
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b) List of Officers/Leaders;
c) Petition/Resolution signed by authorized officers/or members;
d) Written accounts of organizational decision-making processes;
e) Written commitment to recognize and assert customary laws and
decision-making by consensus.
f) List of authorized representatives of the ICC/IP community;
g) Written accounts of the ICCs/IPs customs and traditions;
h) Written accounts of the ICCs/IPs political structure and institutions;
i) Written accounts of community decision-making processes;
j) Anthropological data; and
k) Genealogical surveys.
The NCIP Provincial Officer shall evaluate and field validate the authenticity of
the IPO and submit a report of the same including the IPO’s application for
registration to the NCIP Regional Director who shall, within 15 days issue the
Certificate of Registration. The NCIP Regional Director shall furnish the National
Office updated lists of all such organizations registered by them.
Section 3. Monitoring and Reporting. All registered IPOs and accredited NGOs
shall submit to the NCIP Field Offices the following documents annually:
a) Change of officers or leaders;
b) Financial and Accomplishment Reports; and c) Changes in programs,
projects or activities.
Section 4. Accreditation of NGOs Operating Within Ancestral Domains. For

regulatory and monitoring purposes, non-government organizations with
intentions of operating, or already operating, within ancestral domains shall
have to be accredited by the NCIP Regional Office where the NGO operates. To
be accredited, the NGOs shall submit the following:
a) Duly accomplished NCIP Accreditation Form for NGOs;
b) Certified copy of registration with Securities and Exchange
Commission (SEC) or other government agency;
c) Organizational structure and officers of the organization;
d) Organization’s vision, mission, goals and objectives,
programs/plans
and membership policies; and
e) Written historical track record of the NGO. Accreditation shall be
renewable every two (2) years.
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Section 5. Suspension and Revocation of PO Registration or NGO Accreditation.

The NCIP may suspend or revoke the Certificate of Registration of any IPO or
Certificate of Accreditation of any NGO on the following grounds:
a) Unauthorized negotiation with natural or juridical persons
relative to land development, use, extraction, harvest, and exploitation
of natural resources;
b) Misrepresentation and entering into agreement or
compromise with
investors to the detriment of the community;
c) Accepting bribery such as project contracts, gifts or
donations in
exchange of favors;
d) Loss of trust and confidence of the members of the
community;
e) Violation of customary processes and community collective
decision-
making; and
f) Other analogous circumstances.
The cancellation proceedings shall be initiated by complaint with the NCIP

Regional Office, who shall hear and decide the same and if warranted and upon
due course order the cancellation of registration. The decision of the NCIP
Regional Office may be brought on appeal to the Commission.
The NCIP shall establish a data-base for indexing and monitoring all registered
IPOs.
Part III. Instrument of Empowerment
Section 1. Inroads into the ancestral domains/lands of ICCs/IPs resulted to

their disenfranchisement and marginalization. Policies, plans, development
programs and projects which may have been prejudicial to the rights and
interests of ICCs/IPs have been adopted and implemented within ancestral
domains/lands without the consent of concerned IP communities. Free and
prior informed consent, as an instrument of empowerment, enables IPs to
exercise their right to self-determination.

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Section 2. General Application. The provisions herein on free and prior

informed consent shall generally be applicable to all the provisions of the Act
and these rules requiring the free and prior informed consent of ICCs/IPs.
Section 3. Free and Prior Informed Consent. The ICCs/IPs shall, within their
communities, determine for themselves policies, development programs,
projects and plans to meet their identified priority needs and concerns. The
ICCs/IPs shall have the right to accept or reject a certain development
intervention in their particular communities.
The acceptance or rejection of proposed policy, program, project or plan shall

be assessed in accordance with the following IPs development framework and
value systems for the conservation and protection of:
a) Ancestral domains/lands as the ICCs/IPs’ fundamental source of
life;
b) Traditional support system of kinship, friendship, neighborhood
clusters, tribal and inter- tribal relationships rooted in cooperation, sharing
and caring;
c) Sustainable and traditional agricultural cycles, community life,
village economy and livelihood activities such as swidden farming,
communal forests, hunting grounds, watersheds, irrigation systems and
other indigenous management systems and practices; and
d) Houses, properties, sacred and burial grounds.
Section 4. Scope of ICCs/IPs whose Consent shall be Secured. The scope of the
ICCs/IPs whose free and prior informed consent is required shall depend upon
the impact area of the proposed policy, program, projects and plans, such that:
a) When the policy, program, project or plan affects only the
particular community within the ancestral domain, only such community shall
give their free and prior informed consent;
b) When the policy, program, project or plan affects the entire
ancestral domain, the consent of the concerned ICCs/IPs within the ancestral
domain shall be secured; and
c) When the policy, program, project or plan affects a whole range of
territories covering two or more ancestral domains, the consent of all affected
ICCs/IP communities shall be secured.

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Section 5. Procedure and Requirements for Securing ICCs/IPs Consent. The

consensus building process of each particular indigenous cultural community
shall be adhered to in securing the ICCs/IPs’ Free and Prior Informed Consent.
For purposes of documentation and monitoring, the NCIP shall assist,
document and witness the process of securing Free and Prior Informed
Consent. The basic elements in the consensus building process shall include, at
the minimum, information dissemination to all members of the concerned
indigenous peoples’ communities, assessment of the concerns or issues by
appropriate assemblies in accordance with customs and traditions and
discernment and initial decision by recognized council of elders, affirmation of
the decision of the Elders by all the members of the community.
The following minimum requirements shall be strictly complied with:

a) For every meeting, notices thereof written in English or Pilipino
and in the IP language and authorized by community elders/leaders shall be
delivered and posted in conspicuous places or announced in the area where
the meeting shall be conducted at least two (2) weeks before the scheduled
meeting;
b) All meetings and proceedings where the proponent shall submit
and
discuss all the necessary information on the proposed policy, program, project
or plan shall be conducted in a process and language spoken and understood
by the ICCs/IPs concerned;
c) The minutes of meetings or proceedings conducted shall be
written in English or Pilipino and in the language of the concerned ICCs/IPs and
shall be validated with those who attended the meeting or assembly before the
finalization and distribution of the minutes;
d) Consent or rejection by the ICC/IP community shall be signified by
affixing signatures or thumb marks in a document written in their own
language or dialect with corresponding English or Pilipino translation.
Signatures or thumb marks shall be considered valid, only when it is affixed on
each and every page of the document signifying consent or rejection. In case of
rejection, the ICCs/IPs shall state in the document of rejection whether or not
they shall entertain alternative proposals of similar nature; and
e) Any alternative proposal shall be subject to the Free and Prior
Informed Consent of the
ICCs/IPs in accordance with the foregoing procedures and requirements.

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Section 6. Obligations of the Proponent. The proponent of any policy, program,

project, or activity requiring the Free and Prior Informed Consent of the
ICCs/IPs community shall:
a) Submit to the IP community an undertaking written in a language
spoken and understood by the community concerned that it shall commit itself
to full disclosure of records and information relevant to the policy, program,
project or activity, and allow full access to records, documents, material
information and facilities pertinent to the same;
b) Submit to the IP community and the NCIP in a language
understandable to the concerned community an Environmental and
Sociocultural Impact Statement, detailing all the possible impact of the policy,
program, project or activity upon the ecological, economic, social and cultural
aspect of the community as a whole. Such document shall clearly indicate how
adverse impacts can be avoided or mitigated;
c) Submit an undertaking in writing to answer for damages which the
ICCs/IPs may suffer on account of the policy, program, project, plan or activity
and deposit a cash bond or post a surety bond with the NCIP when required by
the community equivalent to a percentage of its investments, subject to
progressive increase, depending upon the impact of the project. The amount of
bond shall be determined by the NCIP with the concurrence of the ICCs/IPs
concerned; and
d) Underwrite all expenses attendant to securing the free and prior
informed consent of ICCs/IPs. The NCIP shall subsequently issue additional
guidelines hereon whenever necessary.
Section 7. Development and Cultural Activities Subject to Free and Prior

Informed Consent (FPIC). Policies, programs, projects, plans and activities
subject to free and prior informed consent shall include but not limited to the
following:
a) Exploration, development, exploitation and utilization of
natural
resources within ancestral domains/lands;
b) Research in indigenous knowledge, systems and practices
related to agriculture, forestry, watershed and resource management
systems and technologies, medical and scientific concerns, bio-diversity,
bio-prospecting and gathering of genetic resources;
c) Displacement and relocation;

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d) Archeological explorations, diggings and excavations and

access to
religious and cultural sites;
e) Policies affecting the general welfare and the rights of
ICCs/IPs; and
f) Entry of the Military or paramilitary forces or establishment
of
temporary or permanent military facilities within the domains.
The NCIP shall prescribe terms and conditions regarding public presentation,
display, performance and other forms of utilization of ICCs/IPs’ lifeways and
material culture.
Section 8. Memorandum of Agreement. As a component part of the process of

securing the free and prior informed consent of the concerned ICCs/IPs a
Memorandum of Agreement (MOA) shall be executed by and between the
proponent, host ICC/IP community, and the NCIP, written in the dialect or
language of the concerned ICCs/IPs, with corresponding English and Pilipino
translation. The MOA shall stipulate, among others:
(1) Benefits due the host ICCs/IP communities;
(2) Measures to protect IPs’ rights and value systems enumerated in
the
Section on Free Prior and Informed Consent of these Rules and Regulations;
(3) Responsibilities of the proponent as well as those of the host
ICC/IP community and the NCIP;
(4) In case of change of proponent as a result of partnership, joint
venture, reorganization, merger, acquisition, sale, or transfer of rights, the
terms and conditions of the MOA shall bind the new proponent without
necessarily executing another MOA; and
(5) Penalties for non-compliance and or violation of the terms and
conditions.
For the purposes of validity of the Memorandum of Agreement referred to

above, the signatories thereto shall be; a) for corporations, partnerships or
single proprietorship entities, the authorized officers, representatives, or
partners as per Board resolution; b) for the ICC/IP community, all the
authorized community elders or traditional leaders, who are registered with
the NCIP in accordance with Section 2, Part III, Rule IV; and c) the NCIP or

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authorized representative. The NCIP shall keep a copy of the MOA for records
and monitoring purposes.
Section 9. Non-Transferability of Consent The free and prior informed

consent granted by the ICCs/IPs for a particular proposed policy, program,
project or plan, as a general rule, shall not be transferable to any other party,
except in case of merger, reorganization, transfer of rights, acquisition by
another entity, or joint venture: Provided; that there will be no changes in the
original plan, program, project or policy and: Provided further; that the same
shall not prejudice the interest, rights and welfare of the concerned ICCs/IPs.
RULE V: SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. Equal Protection Before the Law. With due recognition of the
ICCs/IPs’ distinct characteristics and identity, the State shall accord to members
of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the
citizenry. The NCIP shall ensure that fundamental human rights and freedom
are guaranteed to all members of the ICCs/IPs as already accorded to every
member of society.
Section 2. Rights During Armed Conflict. The ICCs/IPs have the right to declare
their territories as zones of peace and to special protection and security in
periods of armed conflict. The NCIP shall ensure that international standards
are observed for the protection of civilian populations in circumstances of
emergency and armed conflict, particular, the Fourth Geneva Convention of
1949. Accordingly, the State shall not:
a) Recruit children of the ICCs/IPs into the armed forces under any
circumstance;
b) Conscript or recruit ICC/IP individuals against their will to the armed
forces, and in particular for use against other indigenous peoples;
c) Relocate ICC/IP communities to special centers for military
purposes;
d) Force ICC/IP communities, families or individuals to abandon their
lands, territories, or means of subsistence; and
e) Require indigenous individuals to work for military purposes under
discriminatory conditions.

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In consultation with the ICCs/IPs who are victims of armed conflict, the NCIP in
collaboration with national and international specialized agencies shall
implement an integrated emergency program for the victim families’ and
communities’ relief and rehabilitation. Such integrated program shall take
special attention on the impact of armed conflict activities to the indigenous
children’s psycho-social functioning and development.
Section 3. Freedom from Discrimination. ICCs/IPs are free and equal to all other
individuals in their dignity as human beings and shall be free from any kind of
adverse discrimination for reason of their indigenous origin or identity. The
NCIP shall ensure that every member of the ICCs/IPs is accorded full respect
as valuable citizens of the Republic of the Philippines.
The NCIP shall take special measures to ensure the effective protection with
regard to the recruitment and conditions of employment of persons belonging
to the ICCs/IPs to the extent that they are not protected by laws applicable to
workers in general.
Section 4. Right to Employment.

a) The right of members of ICCs/IP communities to employment includes
the right to:
(1) Be free from any form of discrimination, with respect to
recruitment and conditions of employment;
(2) Enjoy equal opportunities for admission to employment, both
skilled and unskilled;
(3) Just and legal remuneration of work for equal value;
(4) Medical and social assistance, occupational safety, social security
and any other occupationally related benefits, including housing;
(5) Freedom of association and freedom for all lawful trade union
activities including the right to conclude collective bargaining agreements with
employers;
(6) Be informed of their rights and privileges under existing labor laws
and to avail for equal protection of these rights;
(7) Enjoy a wholesome and healthy working environment free from
any forms of life hazards and dangers and other conditions hazardous to their
health, in particular through exposure to pesticides and other toxic substances;
(8) Be free from any coercive recruitment system, including bonded
labor and other forms of debt servitude; and

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(9) Equal opportunities and just treatment in employment for men

and women, including protection against sexual harassment;
b) Special Measures. The NCIP in close coordination with the Department
of Labor and Employment and such other related agencies shall adopt special
measures to ensure the effective and legal protection of members of ICCs/IPs
with regard to the following:
(1) Recruitment and employment conditions applicable to workers in
general;
(2) Establishment of an IP Desk at the Department of Labor and
Employment (DOLE);
(3) Protection of IPs right to affirmative action with regards to their
employment in government and private undertakings by setting up
mechanisms for the recruitment and hiring of IPs in proportion to their
population in their areas of operation; and
(4) Periodic monitoring of IPs employment with GOs, NGOs and
private companies.
c. The NCIP shall develop a Jobs and Employment Program for the
appropriate training and placement of IPs, whether professionals, skilled or
unskilled. The program shall assess and determine the number of unemployed
and underemployed IPs and establish training and placement procedure to
assist IPs to meet job/employment demands.
Section 5. Right to Basic Services. The ICCs/IPs are entitled to basic services.
The equitable delivery of basic services to all ICCs/IPs all over the country shall
be the focus of the NCIP’s Five Year Master Plan. In close coordination with
other government line agencies mandated to deliver basic needs the NCIP
shall work towards the establishment of IP Desks with such agencies but not
limited to Department of Labor and Employment (DOLE), Department of Health
(DOH), Department of Education, Culture and Sports (DECS),
Commission on Higher Education (CHED), National Housing Authority (NHA),
Social Security System (SSS), Technical Education and Skills Authority (TESDA),
National Commission on Culture and the Arts (NCCA), Department of Social
Welfare and Development (DSWD), Department of the Interior and Local
Government (DILG) and other offices for the delivery of basic services covering
employment, vocational training and retraining, housing, sanitation, health,
water, education, infrastructure, electrical facilities and social security.

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In consultation with ICCs/IPs the NCIP shall prepare a flexible Five Year Master
Plan focused on the delivery of basic services by among other things doing the
following:
a) Census of IPs;
b) Conduct needs assessment consultations with all ICCs/IPs and
prepare
an inventory of community identified priority basic services;
c) Formulate and incorporate in the Five Year Master Plan, a special
program for meeting the special needs of women, the elderly, youth, children
and differently-abled persons;
d) Provide technical and financial support services for the
empowerment of ICCs/IPs to generate their own resources for basic services in
their ancestral domains; and
e) Collaborate with mandated government line agencies to establish
IP Desks that will ensure and monitor the equitable, effective and efficient
delivery of basic services to ICCs/IPs by the particular agency/or agencies; and
support for the sustained utilization of indigenous selfreliant health care
services by supporting traditional practices of prolonged breast feeding and
use of herbal medicines.
Section 6. Rights of Women. In partnership with ICC/IP women’s organizations

and other GO/NGO support groups, the NCIP shall prepare and develop
programs and projects to ensure that women shall fully participate in
community and nation building through, among others, the following:
a) Provision of appropriate support for women’s’ groups/
organizations to conduct research and document IP women’s traditional roles
in marriage, family, community, political and economic life to determine
gender issues and concerns among ICCs/IPs;
b) Development of appropriate programs and projects to respond to
gender issues and concerns as these relate to the full realization and protection
of women’s rights for maximum participation in community and nation
building; and
c) Women community-based initiated projects aimed at empowering
women shall be given priority in terms of financial and technical support.
Section 7. Rights of Children and Youth. The NCIP in consultation with ICCs/IPs
shall assess the situation of children and youth both in rural areas and highly
urbanized centers with regards to the recognition, promotion and protection of

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their rights as provided in the Act and the Universal Declaration on the Rights
of the Child.
The NCIP shall work closely other government line agencies and international
bodies, such as the Department of Education, Culture and Sports (DECS), the
Department of Social Welfare and Development (DSWD), Department of
Justice (DOJ), Commission on Human Rights (CHR), Department of Labor and
Employment (DOLE), International Organizations including the World Health
Organization (WHO), the International Labor Organization (ILO) and the United
Nations Children’s Educational Fund (UNICEF); with NGO support groups; and
other agencies mandated to serve the sector and formulate programs and
projects intended for their development and rearing of the children and youth
belonging to the ICCs/IP communities. The NCIP shall ensure the establishment
of an effective mechanism towards the protection of the rights of ICC/IP
children and youth and more specifically the achievement of the following:
a) Production of indigenous education literature about the
indigenous culture in order to facilitate efforts at integrating such subject
matter into the
IP curriculum;
b) Establishment of appropriate mechanisms in accordance with
customary laws, for involving the children and youth in community leadership
and decision making and relevant development programs and activities;
c) Encourage and support the integration of ICCs/IPs IKSPs in both
formal and non-formal educational systems for the formation of both male and
female children and youth;
d) Provision of technical training and education and the
improvement and strengthening of regional state colleges, universities and
technical schools with regards to their role in providing quality education,
relevant to the needs, interests and aspirations of ICCs/IPs children and youth;
and
e) Use of IP dialect or language as the medium of instruction in early
childhood and primary educational levels.
The NCIP in close coordination with Department of Social Welfare and

Development shall take special measures to prepare a culture-sensitive
daycare program that ensures the holistic development and formation of IP
children and affirms their cultural integrity.

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Section 8. Right to Education. In consultation with ICCs/IPs the NCIP shall work,
in collaboration with the Department of Education, Culture and Sports (DECS),
the Commission on Higher Education (CHED) and with private and public
schools at all levels towards the development of appropriate programs and
projects related to the following:
a) The curricula and appropriate teaching materials and
resources;
b) The equitable distribution, selection and implementation of
scholarship programs;
c) Appropriate career development;
d) Training of teachers for IP communities;
e) Construction of school buildings in IP communities;
f) Inclusion of IPs resistance to colonization in the academic
curricula, in the context of IPs assertion and defense of their freedom,
independence and territorial integrity and culture; and
g) Establish schools for living traditions and cultural heritage.
RULE VI: CULTURAL INTEGRITY
Section 1. Constitutional and Legal Framework. The State shall recognize,

respect and protect the rights of ICCs/IPs to preserve and develop their
cultures, traditions and institutions, and shall take measures, with the
participation of ICCs/IPs concerned to protect their rights and guarantee
respect for cultural integrity in order that ICCs/IPs shall at all times benefit on
an equal footing from the rights and opportunities which national laws and
regulations grant to other members of the population.
It shall recognize its obligations to respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring maximum ICCs/IPs participation in the
direction of education, health, as well as other services to the ICCs/IPs, in order
to render such services more responsive to the needs and desires of these
communities.
Section 2. Conceptual Framework of Cultural Integrity. Cultural integrity shall

refer to the holistic and integrated adherence of a particular ICC/IP community
to their customs, religious beliefs, traditions, indigenous knowledge systems
and practices and their right to assert their character and identity as peoples.

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Section 3: Right to Cultural Integrity. The rights of indigenous peoples to

cultural integrity shall include:
a) Protection of indigenous culture, traditions and institutions;
b) Right to establish and control educational and learning systems;
c) Recognition of cultural diversity;
d) Right to name, identity and history;
e) Community intellectual property rights;
f) Protection of Religious, Cultural Sites and Ceremonies
g) Right to indigenous spiritual beliefs and traditions;
h) Protection of Indigenous Sacred Places
i) Right to protection of indigenous knowledge systems and practices; =
j) and Right to science and technology.
Section 5. Protection of Indigenous Culture, Traditions and Institutions. The

NCIP in its coordinative role and through the IP Desks of government line
agencies, particularly with the National Economic and Development Authority
(NEDA), Department of Trade and Industry (DTI), Department of Tourism
(DOT), Department of Justice (DOJ), Department of Education, Culture and
Sports (DECS), Commission on Higher Education (CHED), National Commission
for the Culture and the Arts (NCCA), and other government agencies or
instrumentalities, shall ensure that ICCs/IPs’ culture, traditions, and institutions
are considered in the formulation and application of said agencies national
programs, plans and policies.
Section 6. Right to Establish and Control Educational and Learning Systems. To

enable the ICCs/IPs to exercise their right to establish and control their
educational systems and institutions, the NCIP shall establish a program to
support the following:
a) Establish, maintain and support a complete, adequate and
integrated system of education relevant to the needs of the ICCs/ IPs
particularly their children and young people;
b) Develop and implement school curricula for all levels relevant to
the IPs/ICCs using their language, learning systems, histories and culture
without compromising quality of education and building the indigenous
children’s capacity to compete for higher education;
c) Encourage indigenous learning as well as self-learning,
independent, out of school study programs, school of heritage and living

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traditions that nurture cultural integrity and diversity and that responds to the
needs of IP communities;
d) Provide adult indigenous peoples with skills needed for civic
efficiency and productivity; and
e) Establish processes and implement affirmative action in the
employment of indigenous teachers in schools within indigenous peoples’
communities and assist indigenous teachers in their professional advancement
as this relate to the protection, promotion and protection of IP rights.
Section 7. Recognition of Cultural Diversity. The NCIP, in coordination with

concerned government line agencies shall ensure that the dignity and diversity
of the cultures, traditions, histories and aspirations of the indigenous peoples
are appropriately reflected in all forms of education, public information, public
services, cultural-exchange programs. In particular, the NCIP shall work closely
with the State-owned media to ensure that the ICCs/IPs’ cultural diversity are
reflected and presented within the proper context.
The NCIP in consultation with ICCs/IPs shall take effective measures to promote
affirmative action to systematically eradicate prejudice and discrimination
against indigenous peoples and engender understanding and unity among
ICCs/IPs and all segments of society. The ICCs/IPs diverse cultures, traditions
and beliefs shall not be allowed to sow divisiveness and disunity among them.
Through the IP Desks in government line agencies, the NCIP shall ensure that all
policies, programs and services shall promote the recognition and respect for
ICCs/IPs’ cultural diversity.
Section 8. Recognition of Customary Laws and Practices Governing Civil

Relations. Marriage as an inviolable social institution shall be protected.
Marriages performed in accordance with customary laws, rites, traditions and
practices shall be recognized as valid. As proof of marriage, the testimony of
authorized community elders or authorities of traditional socio- political
structures shall be recognized as evidence of marriage for purposes of
registration. Accordingly, the NCIP shall coordinate with the Office of the Civil
Registrar General (OCRG) to establish an appropriate procedure for the
registration of marriages performed under customary laws to include, among
others, the following:
a) System of facilitating early and late registration of marriages

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performed under Customary

Laws the OCRG shall issue guidelines to their local offices for this purpose;
b) The OCRG Certificate of Marriage forms for use of authorized
tribal leaders/elders solemnizing marriages under Customary Laws shall be
translated in the language understood by both parties;
c) The NCIP, in consultation and coordination with ICCs/IPs, shall
cause the registration and regular update of a list of those authorized to
solemnize marriages according to customary laws; and
d) The NCIP field offices in coordination with Local Civil Registrar
offices shall ensure that all marriages performed under Customary Laws before
the enactment of IPRA shall be registered accordingly and from thereon,
marriages performed under Customary Laws shall be registered within fifteen
(15) days following the solemnization.
Section 9. Right to a Name, Identity and History. The fundamental right of a

person to a name and peoples’ right to their history shall be recognized and
respected. Accordingly, the ICCs/IPs naming systems and customs shall also be
recognized and respected and shall have the right to their indigenous names
registered with the Civil Registry as their formal appellation to be used in all
official documents establishing their identity.
In close coordination with the Office of the Civil Registrar General (OCRG) the
NCIP shall take appropriate measures to facilitate the registration of the
ICCs/IPs indigenous names. For purposes of effective and efficient civil
registration of births and deaths and census taking, the NCIP field offices shall
be deputized to register said births and deaths. The paternal or maternal
grandfather’s name may be used as surname. All registrations and census shall
be submitted to the nearest Office of Local Registrar.
The ICCs/IPs have the right to their histories and to maintain the indigenous
names of places within and outside their domains that reflect their unique
identity.
Section 10. Protection of Community Intellectual Property. The ICCs/IPs have
the right to own, control, develop and protect the following:
a) The past, present and future manifestations of their cultures, such
as but not limited to, archeological and historical sites, artifacts, designs,
ceremonies, technologies and visual and performing arts and literature as well
as religious and spiritual properties;

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b) Science and Technology including, but not limited to, human and
other genetic resources, seeds, medicines, health practices, vital medicinal
plants, animals, minerals, indigenous knowledge systems and practices,
resource management systems, agricultural technologies, knowledge of the
properties of flora and fauna, and scientific discoveries; and
c) Language, Music, Dances, Script, Histories, Oral Traditions, Conflict
Resolution Mechanisms, Peace Building Processes, Life Philosophy and
Perspectives and Teaching and Learning Systems.
In partnership with the ICCs/IPs, the NCIP shall establish effective mechanisms
for protecting the indigenous peoples’ community intellectual property rights
along the principle of first impression first claim, the Convention on
Biodiversity, the Universal Declaration of Indigenous Peoples’ Rights, and the
Universal Declaration of Human Rights.
Section 11. Protection of Religious, Cultural Sites and Ceremonies. The

indigenous artistic and historic wealth, ceremonial objects, cultural properties
and artifacts constitutes the cultural treasures of the ICCs/IPs and shall be
under their protection and disposition: Provided; that cultural treasures and
properties shall not be brought outside of the indigenous peoples’ ancestral
domains. Towards this end, the initiatives of indigenous peoples to establish
museums or centers shall be supported financially and technically by the
government.
Section 12. Right to Indigenous Spiritual Beliefs and Traditions. The ICCs/IPs
have the right to:
a) Manifest, practice, develop and teach their spiritual beliefs,
traditions, customs and ceremonies;
b) Maintain, protect and have access to their spiritual and cultural sites;
c) Use and control ceremonial objects; and
d) Repatriation of human remains and artifacts collected without their
free and prior informed consent.
To ensure that indigenous sacred places, including burial sites are preserved,
respected and protected, the ICCs/IPs shall regulate access to these sacred
sites.

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Section 13. Protection of Indigenous Sacred Places. Penal sanctions in

accordance with
Section 72 of the Act and customary laws shall be applicable in case of:
a) Exploration and/or excavation of archeological sites in ancestral
domains/lands for the purpose of obtaining materials of cultural value without
the free and prior informed consent of the community concerned; and
b) Defacing, removing or otherwise destroying artifacts which are of
great importance and significance to the ICCs/IPs for the preservation of their
cultural heritage.
Section 14. Right to Indigenous Knowledge Systems and Practices and to

Develop Own Sciences and Technologies. Indigenous knowledge systems and
practices (IKSP) are systems, institutions, mechanisms, technologies comprising
a unique body of knowledge evolved through time embodying patterns of
relationships between and among peoples and between peoples, their lands
and resource environment, including such spheres of relationships which may
include social, political, cultural, economic, religious, and which are the direct
outcome of the indigenous peoples responses to certain needs consisting of
The infusion of science and technology in the field of agriculture, forestry and
medicine to ICCs/IPs is subject to their free and prior informed consent and
shall build upon existing indigenous peoples knowledge and systems and
selfreliant and traditional cooperative systems of the particular community.
Section 15. Protection and Promotion of Indigenous Knowledge Systems and

Practices (IKSPs). The following guidelines, inter alia, are hereby adopted to
safeguard the rights of IPs to their indigenous knowledge systems and
practices:
a) The ICCs/IPs have the right to regulate the entry of researchers
into their ancestral domains/lands or territories. Researchers, research
institutions, institutions of learning, laboratories, their agents or
representatives and other like entities shall secure the free and prior informed
consent of the ICCs/IPs, before access to indigenous peoples and resources
could be allowed;

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b) A written agreement shall be entered into with the ICCs/IPs

concerned regarding the research, including its purpose, design and expected
outputs;
c) All data provided by the indigenous peoples shall be
acknowledged in whatever writings, publications, or journals authored or
produced as a result of such research. The indigenous peoples will be
definitively named as sources in all such papers;
d) Copies of the outputs of all such researches shall be freely
provided
the ICC/IP community; and
e) The ICC/IP community concerned shall be entitled to royalty from
the income derived from any of the researches conducted and resulting
publications.
To ensure effective control of research and documentation of their IKSPs, the

IPOs’ initiatives in this regard shall receive technical and financial assistance
from sources of their own choice.
Section 16. Protection of Manifestations of Indigenous Culture. Indigenous

culture shall not be commercialized or used for tourism and advertisement
purposes without the free and prior informed consent of the indigenous
peoples concerned. Where consent is alleged, the NCIP will ensure that there is
free and prior informed consent.
In instances where the presentation of indigenous culture and artistic

performances are held, the IPs shall have control over the performance in
terms of its content and manner of presentation according to customary laws
and traditions, and shall have the right to impose penalties for violation
thereof.
Indigenous peoples shall also have the right to equitably share in the benefits
of such presentation or performance. All funds collected from these activities
shall be managed directly by the community concerned through the registered
IPO, otherwise, the same shall be held in trust by the NCIP for the benefit of
the concerned IP community.
Section 17. Protection of Biological and Genetic Resources. The ICCs/IPs may,
on their own initiative, make an inventory of biological and genetic resources
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found inside their domains/lands, for their exclusive use. They shall retain and
reserve all rights pertaining to the storage, retrieval, and dissemination of the
information, in whatever form and system, gathered as a result of the
inventory. A certificate of free and prior informed consent shall be required in
case the concerned ICCs/IPs may enter into a joint undertaking with natural or
juridical persons for the use of biological and genetic resources for industrial,
commercial, pharmaceutical and other profit-making purposes and ventures.
Violation hereof shall be strictly prohibited and subject to penalties under
customary law and as provided for by the Act. The NCIP shall assist the
concerned ICCs/IPs in the enforcement hereof.
Section 18. Agro-technological Development. The ICCs/IPs, in coordination with

the NCIP may choose to establish cooperatives in accordance with the
indigenous concept of cooperative system.
The NCIP shall adopt programs for research and development of the ICCs/IPs’
agricultural systems and provide necessary funds therefor.
Section 19. Funds for Archeological and Historical Sites. The ICCs/IPs shall
initiate proposals for the management and preservation of their archeological
and historical sites with the adequate and effective technical and financial
support of the appropriate government agencies. All funds allocated for the
management of these sites shall be immediately transferred to the IPs
concerned through the NCIP. For this purpose, the NCIP shall take the
necessary steps to ascertain that these funds are transferred to the
communities concerned.
RULE VII. THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

Part I: Creation, Mandate and Operating Principles of the NCIP
Section 1. Creation of NCIP. The National Commission on Indigenous Peoples

shall be established as the primary government agency to implement the
policies set forth in the Act.
Section 2. General and Specific Mandates.

a) General Mandate. The NCIP shall protect and promote the interest
and well-being of the ICCs/IPs with due regard to their beliefs, customs and
traditions and institutions. b) Specific Mandates.

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(1) The promulgation of the Implementing Rules and Regulations as

provided by Section 80 of the Act, within sixty (60) days after the appointment
of the NCIP Chairperson and Commissioners, the Commission shall cause the
preparation of the Implementing Rules and Regulations of the Act in
consultation with the Committees on National Cultural Communities of the
Senate and House of Representatives; and
(2) The promulgation of rules and regulations governing the hearing
and disposition of cases filed before it and those pertaining to internal
functions.
Section 3. Primary Objectives and Responsibilities.

a) To be the primary government agency responsible for the
formulation and implementation of policies, plans and programs for, and with
its main public clientele, the indigenous peoples;
b) To promote and protect the rights and well-being of the ICCs/IPs
and the recognition of their ancestral domains/lands based on customs,
traditions and institutions; and
c) To serve as the primary government agency through which the
ICCs/IPs can seek government assistance and as the medium through which
such assistance may be extended.
Part II: NCIP as an Independent Agency Under the Office of the President.
Section 1. NCIP as an Independent Agency Under the Office of the President.

The NCIP is the primary agency of government for the formulation and
implementation of policies, plans and programs to recognize, promote and
protect the rights and well-being of indigenous peoples. It shall be an
independent agency under the Office of the President. As such, the
administrative relationship of the NCIP to the Office of the President is
characterized as a lateral but autonomous relationship for purposes of policy
and program coordination. This relationship shall be carried out through a
system of periodic reporting. Matters of day-to-day administration or all those
pertaining to internal operations shall be left to the discretion of the
Chairperson of the Commission, as Chief Executive Officer.
Section 2. Annual Reports. Within sixty (60) days after the close of each
calendar year, the Commission shall submit an Annual Report to the Office of
the President which shall reflect the status of policy formulation and

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coordination, and the implementation of plans, programs projects and

activities for the best interest of the indigenous peoples. The Annual Report
shall be comprehensive in scope and, as much as possible, be prepared in
accordance with the following form and contents:
a) Message contains important policies, programs, projects and
activities of the Commission; the status of their implementation; and other
relevant information that affect the lives and welfare of the ICCs/IPs. It may
also contain information on what the ICCs/IPs, in particular, and the general
population may expect for the coming year or years. This portion of the Report
shall be signed solely by the Chairperson of the Commission;
b) Executive Summary contains significant results of the
Commission’s
operations for the year under review;
c) National ICC/IP Situation provides an overview of the policy and
social environment from the perspective of the ICCs/IPs; the socioeconomic
and demographic profile; the political and peace and order conditions;
development activities conducted by the public and private sector, including
voluntary organizations which affect the ICCs/IPs; and, other related
information;
d) Organization and Management identifies the offices and
personnel of the Commission, including a description of their functions, duties,
and responsibilities; and describes the roles of each office and key personnel.
For each office, the report of accomplishments shall be focused on key result
areas related to policy promotion and enhancement, and delivery of basic
services and facilities. The accomplishments shall be expressed in quantitative
and qualitative terms to reflect the holistic policy and development framework
of the Act. In all cases, physical results shall correspond with financial
expenditures. These reports shall include a comparative statement showing
actual accomplishments versus target outputs/outcomes;
e) Budget Performance and Financial Statements report on the
results of the budgetary and financial transactions of the Commission for the
preceding year. Such data shall include an analysis of performance versus
approved budget, sources of funds, disbursements, and cash balances;
comparative data for the year preceding the year under review; fund
generating pattern for three (3) to five (5) years; efficiency and effectiveness of
each office in the delivery of basic services and technical/legal assistance vis-
àvis budgetary expenditures on a national/regional/provincial/community and
per capita basis. These financial statements shall be duly certified by the COA;

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f) Plans, Programs, and Accomplishments describe in narrative and

pictorial manner the major plans and programs of the Commission as a whole,
and individual offices, and their accomplishments for the year under review.
The presentation is performance-oriented indicating types of services delivered
and projects undertaken;
g) Decisions of the Commission En Banc provides digests of all the
decisions of the Commission en banc for the resolution of cases on ancestral
domains/lands; formal queries referred to it on policy matters related to IPRA;
action on complaints presented on that level; policy issuances on the interface
of customary law and other laws; and other similar rulings.
Part III: Composition, Appointment, Qualification, Tenure, Compensation
and Removal from Office.
Section 1. Composition of the Commission. The Commission shall be composed

of seven Commissioners appointed by the President representing each of the
ethnographic regions stated below. They shall serve as Commissioners in
charge of their respective region. In no case shall one Commissioner serve or
represent more than one ethnographic region:
a) Region I and Cordillera;
b) Region II;
c) The Rest of Luzon;
d) Island Groups including Mindoro, Palawan, Romblon, Panay, and the
rest of Visayas;
e) Northern and Western Mindanao;
f) Southern and Eastern Mindanao; and
g) Central Mindanao.
Section 2. Appointment of Commissioners. In constituting the NCIP, the

President of the Philippines shall appoint seven (7) Commissioners, one of
whom shall be Chairperson, according to the following mandatory
considerations as provided by the Act:
a) They shall come from one of the seven
ethnographic/cultural areas;
b) Representation of indigenous women in the Commission
shall be
assured by the appointment of a minimum of two women;
c) Appointment of at least two Members of the Philippine Bar,
preferably with a working knowledge of customary law;

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d) The Commissioners shall likewise be favorably

recommended by authentic ICCs/IPs in their respective ethnographic
region. For purposes of these rules, recommendation by authentic
ICCs/IPs shall be a certification from community elders/leaders,
indigenous peoples’ organizations or IP sectoral groups, that vouches for
the exemplary experience of the recommendee in ethnic affairs and his
proven honesty and integrity; and
e) The principle of rotation of tribal representation in the
composition of the NCIP shall be observed by the authentic ICCs/IPs in
their recommendation.
The ICCs/IPs shall pro-actively participate in the selection of Commissioners

and Chairperson through such mechanisms as may be provided by them.
Section 3. Qualifications. The seven Commissioners shall possess the following

qualifications and submit the required documents to the Office of the President
as indicated:
a) He/She must be natural born Filipino citizen;
b) He/She must be at least thirty-five (35) years of age at the time of
appointment;
c) He/She must be bona-fide member, by consanguinity, of the
ICCs/IPs as certified by his/her tribe, through the attestation of the Council of
Elders, community barangay leaders, or IPOs. The aspirant must likewise
submit anthropological proof of bona-fide ICC/IP membership, through the
submission of his/her genealogy, at least, to the fourth generation in the
ascending order, duly certified by traditional leaders in the role of key
informants;
d) He/She must submit a sworn statement containing his/her
experience in ethnic affairs for at least ten (10) years with an ICC/IP community
and/or any government agency involved with ICCs/IPs;
e) He/She must be of proven honesty and integrity, and must not be
convicted of any crime involving moral turpitude, graft and corruption or
administrative charges. To this effect, the aspirant must submit clearances
from the Ombudsman and/or National Bureau of Investigation; and in the case
of aspirants in the public service, clearances from all liabilities and misconduct
from the Commission on Audit and Civil Service Commission;
f) All documents submitted by the Aspirant-Commissioner shall be
verified by the Office of the President through field validation; and

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g) Any act of public or ethnic misrepresentation by an aspirant shall

be penalized according to the customary law of the aggrieved tribe and/or
other related laws.
Section 4. Appointment and Authority of the Chairperson. The Chairperson

shall have the authority to preside over the Commission en banc. He/She shall
likewise be the Chief Executive Officer of the NCIP as an independent agency
under the Office of the President. Any delegation of authority by the
Chairperson to other Commissioners and to the Executive Director shall be
done in writing.
Section 5. Tenure. The members of the Commission shall hold office for a
period of three (3) years, and may be subject to re-appointment for another
term. In no case shall a Commissioner serve for more than two (2) terms, or six
consecutive years. 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.
Section 6. Compensation. The Chairperson and the Commissioners shall be
entitled to compensation in accordance with the Salary Standardization Law.
Section 7. Removal from Office. Any member of the NCIP may be removed
from office for cause, after due notice and hearing, by the President on his own
initiative or upon recommendation by any ICC/IP community before the
expiration of his term and after complying with the due process requirement of
law.
Section 8. Requirements for Removal of Commissioners from Office. The

removal for cause of any Commissioner shall require the following:
a) A formal petition or complaint shall be filed by any indigenous
community to the Office of the President in Manila or any of its regional field
offices; and
b) The petition or complaint shall include, but not be limited to, a
narration of facts and circumstances describing the crime, illegal act/s, or other
act/s contrary to customary law which subject the indigenous community to
unnecessary risks that threaten their territorial and cultural integrity, which
were committed by the Commissioner/s. The petitioners shall attach the
necessary documents supporting the petition or complaint.

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Section 9. Inhibitions Against Members of the Commission. All prohibitions

governing the conduct of national public officers relating to prohibited business
and pecuniary interests so provided in Republic Act 6713, otherwise known as
the Code of Conduct and Ethical Standards for Public Officials and Employees,
and other laws, rules and regulations shall also be applicable to the NCIP
Commissioners, officers and employees.
Part IV: Powers and Functions of the NCIP
Section 1: Policy Review, Formulation and Implementation. In relation to

its function of policy review formulation and implementation, the NCIP shall
have the following responsibilities:
a) 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;
b) Formulate and implement policies, plans, programs and projects
for economic, social, political and cultural development of the ICCs/IPs and to
monitor the implementation thereof;
c) Convene periodic conventions or assemblies of ICCs/IPs to review,
assess, as well as propose policies or plans;
d) Submit to the Legislature/ Congress appropriate legislative
proposals
intended to carry out the policies under the Act; and,
e) Study areas of cooperation and complementation with other
organizations in the public and private sectors for appropriate interface and
agreements to enhance policy coordination.
Section 2: Managerial Functions. In relation to managerial functions, the NCIP

shall have the responsibility to:
a) Prepare and submit the appropriate annual budget to the Office of
the President;
b) Request and engage the services and support of experts from
other agencies of the government or employ private experts and consultants
as may be required in the pursuit of its objectives subject to existing laws, rules
and regulations;
c) 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;

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d) Prepare and submit the staffing pattern to the Department of

Budget and Management and the Civil Service Commission for approval; and
implement the approved staffing pattern in accordance with these Rules and
Regulations;
e) Design and implement an appropriate human resource
development program to ensure proper staff motivation and sensitivity in the
discharge of their functions;
f) Institute an organization development program that enhances
organizational effectiveness in the shaping of the desired holistic policy
environment for the implementation of the Act; and
g) Exercise such other powers and functions as may be directed by
the President of the Republic of the Philippines on matters relating to ICCs/IPs.
Section 3: Functions Pertaining to Ancestral Domains/Lands. In relation to its
functions pertaining to Ancestral Domains and lands, the NCIP shall have the
following responsibilities/ roles:
a) Titling of Ancestral Domains/Lands. To issue certificates of
ancestral land/ domain titles in accordance with the procedures prescribed in
these
Rules and Regulations;
b) Registration of CADTs/CALTs. To register all CADTs and CALTs with
the appropriate
Register of Deeds pursuant to these Rules and Regulations;
c) Issuance of Certification as a Precondition. To issue appropriate
certification as a precondition to the grant or renewal of permit, concession,
license, lease, production sharing agreement, 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 free and prior informed consent of the ICCs/ IPs concerned.
d) Action on Fraudulent Claims. To take appropriate legal action for
the cancellation of illegally acquired titles and for the reconvenyance of the
areas to the ICCs/IPs concerned as provided for in these Implementing Rules
and
Regulations; and
e) To take appropriate legal action for the enforcement of the rights
of ICCs/ IPs provided under the Act.

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Section 4: Fund Sourcing and Allocation. In relation to fund sourcing and

allocation, the NCIP shall have the following powers and responsibilities:
a) 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 the Act, and subject to the approval of the
President, to obtain loans from government lending institutions and other
lending institutions to finance its programs; and
b) 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.
Section 5: Power to Represent IPs. To represent the Philippine ICCs/IPs in all

international conferences and conventions dealing with indigenous peoples
and other related concerns. The NCIP shall likewise authorize the attendance of
a non-NCIP official or employee to international gatherings, conferences,
convention, training, and similar undertakings who shall present the Philippine
position in such activities. Such authorized individual or groups shall submit a
written post-action report, and conduct briefings or re-echo seminars to the
NCIP within thirty (30) days upon arrival.
Part V: Accessibility and Transparency
Section 1. 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.
Section 2. Exercise of Right to Information. In recognition of the right of the

people to information on matters of public concern, the NCIP shall make
accessible to the public all official records, documents and papers pertaining to
official acts, transactions, as well as research data used as basis for policy
development of the Commission. The exercise of the right to information
includes, but shall not be limited to the following:

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a) Installation of an information monitoring system to serve the

information needs and requirements of the ICCs/IPs, POs, NGOs,
government agencies and the general public; and
b) Periodic reports to the information users on the following areas;
(1) Transfer of personnel, assets, projects, funds and records
corresponding to the reorganization of the ONCC/OSCC,
(2) Establishment and strengthening of the NCIP organizational
structure from the service centers to the national office,
(3) Management of the Ancestral Domains Fund,
(4) Formation and operationalization of the consultative body, and
people empowerment programs, including processes and indicators in the
exercise of free and prior informed consent and other mandatory consultations
with respect to communal and individual IP rights,
(5) Compliance with established standards, guidelines, systems and
procedures, grants, aids and subsidies given to the NCIP, and (6) Other relevant
information.
Part VI: Offices of the National Commission on Indigenous Peoples
Section 1: Offices within the NCIP. The NCIP shall have the following offices
which shall be responsible for the implementation of the policies, plans and
programs herein provided.
a) Ancestral Domains Office
b) Office on Policy, Planning and Research
c) Office on Education, Culture and Health
d) Office on Socio-Economic Services and Special Concerns
e) Office of Empowerment and Human Rights
f) Administrative Office
g) Legal Affairs Office
h) Office of the Executive Director
i) Regional and Field Offices
j) Other Offices
Section 2. Ancestral Domains Office. The Ancestral Domains Office shall be

responsible for the identification, delineation and recognition of ancestral
lands/domains. Accordingly, it shall perform the following functions:
a) Determine and define the boundaries of ancestral domains and
ancestral lands in accordance with the procedure prescribed in these Rules and

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Regulations, provide cartographic services and upon the final and official
delineation of the ancestral domain/land, endorse the same to the Commission
for the issuance of the appropriate titles thereto;
b) Conduct, upon the request of ICCs/IPs concerned, surveys of
ancestral lands, verify and approve parcellary or subdivision surveys of the
same;
c) 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 interest of the ICCs/IPs and their
ancestral domains;
d) Assist the ICCs/IPs in protecting the territorial integrity of each and
every ancestral domain;
e) Coordinate and ensure the enforcement of policies and laws
protecting the rights of ICCs/IPs to their ancestral domains and land, including
the application of customary laws governing property rights and relations in
determining ownership procedures and standards therefor; and for the
purpose, seek the assistance of appropriate government and non-government
agencies;
f) Be responsible for conducting census of the ICCs/IPs within an
ancestral domain;
g) Keep a registry of CADTs and CALTs or any formal certificate of
recognition which officially and formally acknowledges the existence of
ancestral domain rights over the area;
h) Compile information on the location, size, and number of people
living within the ancestral domains;
i) Review all government grants, reservations, franchises and
projects, licenses, leases, concessions and titles which affect ancestral domains
and recommend to the Commission the cancellation of the same or
segregation of such portions within ancestral domains in order to reconvey the
same to the
ICCs/IPs concerned as part of the ancestral domains;
j) Formulate and implement such procedures for the cancellation of
officially documented titles which were acquired through spurious or illegal
means and those for the redemption of lands lost through the ICCs/IPs vitiated
consent or through sale for an unconscionable price;
k) Establish its own, or in cooperation with other government
agencies a Geographic Information System that would assist ICCs/IPs in
formulating

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Ancestral Domains Sustainable Development and Protection Plans;

l) Assist ICCs/IPs in 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 the Act;
m) Conduct research and documentation on indigenous peoples’
property rights regimes, property relations, ownership systems and other
related aspects of ancestral domains management; and
n) Perform such other functions as the Commission may deem
appropriate and necessary.
Section 3. Office on Policy, Planning and Research. The Office on Policy,

Planning and Research shall:
a) Compile and update listing of authentic IP organizations and
leaders/
elders;
b) Formulate appropriate policies and programs for ICCs/ IPs such as,
but not limited to a Five- Year Master Plan for the ICCs/ IPs. The NCIP shall
review the plan periodically and make modifications in accord with the
changing situations;
c) Undertake the documentation of customary law and shall
establish and maintain a Research Center that would serve as a repository of
ethnographic information for monitoring, evaluation and policy formulation;
d) Develop and maintain the management information system of the
Commission;
e) Conduct a population census of the ICCs/IPs including a sex-
desegregated data base system in coordination with the National Statistics
Office;
f) Assist the Congress in the formulation of appropriate legislation
beneficial to the ICCs/IPs;
g) For purposes of policy coordination, the Commission shall create a
Policy Desk to serve as the organic linkage of the NCIP to the Office of the
Regional Governor and Office of the Speaker of the Regional Legislative
Assembly. This desk shall provide technical assistance to the ARMM on such
policy matters as;
(1) Pertaining to the exercise of residual powers of the national
government affecting the ICCs/IPs, such as, but not limited to: the protection of
community intellectual rights; nationwide ethnographic research projects;
census of ICCs/IPs, and the like,
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(2) Formulation of policies, plans, and programs transcending the

geographical boundaries of the ARMM and contiguous ethnographic regions,
and
(3) Other policy issues as may be the subject of Memorandum of
Agreement with the Office of the Regional Governor and the Office of the
Speaker of the Regional Legislative Assembly; and
h) Perform such other functions as the Commission may deem
Section 4: Office on Education, Culture and Health. This office shall be

responsible for the effective implementation of the education, cultural and
health related rights as provided in the Act. It shall:
a) Undertake studies, plans, and programs and implement the same
for the development of an indigenous curriculum and preservation of the
historical and cultural heritage of the ICCs/IPs;
b) Establish and maintain a Museum, library and audio-visual arts
center as a repository for the arts and culture of the IPs;
c) To assist, promote and support community schools, both formal
and non-formal, for the benefit of the local indigenous community, especially
in areas where exiting educational facilities are not accessible to members of
the indigenous group;
d) Administer all scholarship programs and other educational
projects intended for ICC/IP beneficiaries in coordination with the Department
of
Education, Culture and Sports and the Commission on Higher Education;
e) Provide for health programs and services to the ICCs/IPs and
promote indigenous health practices and the use of traditional medicine;
f) Undertake a special program which includes language and
vocational training, public health and family assistance program and related
subjects. It shall likewise generate the necessary funds and technical support
from other sources to augment the available appropriation;
g) Identify members of ICCs/IPs for training in health profession and
encourage and assist them to enroll in schools of medicine, nursing, medical
technology, physical therapy and other allied courses;
h) Deploy a representative in appropriate government offices who
shall personally perform the foregoing tasks and who shall receive complaints
from the ICCs/IPs and compel action from the concerned agency; and

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i) Monitor the activities of the National Museum and other similar

government agencies generally intended to manage and preserve historical
and archeological artifacts of the ICCs/IPs and shall be responsible for the
implementation of such other functions as the Commission may deem
Section 5: Office on Socio-Economic Services and Special Concerns. The Office

on Socio-Economic Services and Special Concerns shall serve as the office
through which the Commission shall coordinate with pertinent government
agencies especially 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:
a) Formulate and implement a program of action which will
bring agro-
technological development among the ICCs/IPs, building upon existing
customary practices and traditions;
b) Facilitate the delivery of socio-economic services to the
ICCs/IPs communities including, but not limited to infrastructure,
extension, credit, financing, marketing, and other social services;
c) Coordinate and collaborate with other government agencies
for the formulation of policies, plans and programs that will ensure the
alleviation, if not eradication, of poverty among ICCs/IPs;
d) To promote and encourage cooperatives in accordance with
the
beliefs, traditions and customs of the ICCs/ IPs;
e) To assist ICCs/IPs and coordinate disaster and relief
operations in
ICC/IP communities affected by natural calamities, disasters or catastrophes;
f) Provide the indigenous women, youth and elderly with
programs/projects for the improvement of their socio-economic conditions;
and
g) Perform such other functions as the Commission may deem
Section 6: Office of Empowerment and Human Rights. The Office of
Empowerment and Human Rights shall ensure that indigenous socio-political,
cultural and economic rights are respected and recognized. It shall:
a) Ensure that capability building mechanisms are instituted
and ICCs/ IPs are afforded every opportunity, if they so choose, to
participate in all levels of decision-making;
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b) 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;
c) To assist ICCs/IPs work out an appropriate interface
between customary political structures and self-governance with the
mainstream machinery for governance including the establishment and
administration of tribal barangays and support for autonomous regions;
d) To ensure that the basic elements of free and prior
informed consent
are present and are complied with in all instances when such must be secured;
e) To study and establish models for appropriate interface in
tribal and
non-tribal governance;
f) Facilitate the participation of ICCs/IPs in all national and
international fora where their effective representation is required;
g) Conduct researches on the IP women and youth situation
including their basic human rights situation and recommend programs
for their development in accordance with indigenous practices;
h) Empower ICCs/IP communities through community
organizing; and
i) Perform such other functions as the Commission may deem
Section 7. Administrative Office. This office shall provide the NCIP with
economical, efficient and effective services pertaining to personnel, finance,
records, equipment, security, supplies and related services. It shall:
a) Study and recommend the organizational and functional set
up of the Commission, and to upgrade and develop personnel skills
through a comprehensive program, taking into special consideration
issues of ethnicity and divergence in ethnic origins of the staff and the
diversity of cultures of its
ICC/IP clientele;
b) Develop systematic records management including systems
for
participating in the electronic communications highway;
c) Develop and maintain a personnel program which shall
include recruitment, selection, appointment, transfer, performance
evaluation and employee relations;

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d) Administer the Ancestral Domain Fund; and

e) Perform such other functions as the Commission may deem
Section 8. Legal Affairs Office. The Legal Affairs Office shall:

a) Advise the NCIP on all legal matters concerning ICCs/IPs;
b) Provide ICCs/IPs with legal assistance in litigation involving
community interest;
c) Act as the general counsel of the NCIP in all cases, in
collaboration
with the Office of the
Solicitor General;
d) Conduct preliminary investigation on the basis of complaints
filed by the ICCs/ IPs against natural or juridical persons believed to have
violated ICCs/IPs rights. On the basis of its findings, it shall initiate the
filing of appropriate legal or administrative action to the Commission;
e) Initiate legal or administrative action as the case may be,
against any person or government agency believed to be have violated
any of the rights of
ICCs/IPs;
f) Investigate and hear administrative cases filed against
officers and
employees of the NCIP; and
g) Perform such other functions as the Commission may deem
Section 9. Office of the Executive Director. The Office of the Executive Director
shall serve as the secretariat of the Commission. It shall be headed by an
Executive Director who shall be appointed on a permanent basis by the
President of the Philippines upon recommendation of the Commission. He/she
shall be under the supervision of the Commission through the Chairperson and
shall hold office regularly during business hours on all working days and shall
perform the following functions:
a) Advise and assist the Chairman in the formulation and
implementation of the objectives, policies, plans, and programs of the
Commission;
b) Serve as the principal assistant of the Chairman in the
overall

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supervision of the administrative business of the Commission;

c) Ensure an effective and efficient performance of the
functions of the
Commission and prompt implementation of the programs;
d) Propose effective allocation of resources for the projects
stated
under approved programs;
e) Oversee all the operational activities of the Commission;
f) Coordinate programs and projects of the Commission and
be
responsible for the economical, efficient and effective administration;
g) Submit periodic reports to the Commission on the progress
and
accomplishment of programs and projects;
h) Prepare regular and annual reports of all the activities of the
Commission;
i) Accept all pleadings and papers authorized or required to be
filed in the Commission, except in cases where the matter, question or
controversy before the Commission is being held elsewhere;
j) Keep in his care the seal of the Commission, books
necessary for
recording the proceedings of the Commission, records, files and exhibits;
k) Prepare the Calendar of hearings and sessions of the
Commission;
l) Attend the hearings and sessions by himself or his deputies
or
assistants and enter the proceedings in the Minutes Book;
m) Serve all notices, orders, resolutions, decisions, subpoenas
and other
processes issued by the Commission;
n) Keep a general docket of all cases brought before the
Commission
and compile all final orders, decisions and resolutions of the Commission;
o) Implement the Commission’s directives, orders and
decisions;
p) Issue certified copies, under the Seal of the Commission, of
all papers, documents, orders, record, decisions, and resolutions of the
Commission;

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q) Exercise supervision and control over the various staff,

regional and
field offices and determine and assign matters to appropriate offices;
r) Have administrative responsibility for
correspondence/communications coming from the various government
line agencies and corporations;
s) Exercise primary authority to sign papers by authority of the
Chairperson;
t) Provide technical, consultative, research, fact-finding and
advisory service to the Commission;
u) Serve as the information arm of the NCIP; and
v) Perform such other functions and duties as the Commission
may direct.
Part VII. Regional, Field and Other Offices
Section 1. Regional Offices and Field Offices. The Commission shall operate
and maintain sub-national offices such as the regional and field offices
consistent with its mandate and organizational objectives, the NCIP shall
operate and maintain Regional Offices.
a) The regional offices shall be distributed according to equitable
number of the clientele population. Regional centers shall be physically located
in strategic geographical sites to maximize the delivery of basic services and
technical support to ICCs/IPs. The distribution of resources shall be
proportionate to the number of clientele and requirements of the ancestral
domains/lands of ICCs/IPs located in each region. The distribution of the
regional offices is as follows:
(1) Ilocos Region - to serve the indigenous peoples in the Provinces of
Ilocos Norte, Ilocos Sur, La Union, and Pangasinan;
(2) Cordillera Region - to serve the IPs in the City of Baguio and the
Provinces of Abra, Benguet, Mountain Province, Ifugao, Kalinga and Apayao;
(3) Caraballo and Cagayan Valley Region - to serve the IPs in the
Provinces of Batanes, Cagayan, Isabela, Quirino, and Nueva Viscaya;
(4) Pinatubo and Northern Sierra Madre Region - to serve the IPs in
the Provinces ofBulacan, Aurora, Nueva Ecija, Tarlac, Pampanga, Zambales, and
Bataan;

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(5) Southern Sierra Madre and Bicol Region - to serve the IPs in the
Provinces of Rizal, Quezon, National Capital Region, Camarines Sur, Camarines
Norte, Albay, and Sorsogon;
(6) Western Islands Region - to serve the IPs in the island Provinces of
Palawan, OrientalMindoro, Occidental Mindoro, and Romblon;
(7) Central Philippine Islands Region - to serve the IPs in the island
provinces of Antique, Aklan, Capiz, Iloilo, Guimaras, Cebu, Negros Occidental,
Negros Oriental, and Bohol;
(8) Zamboanga Peninsula Region - to serve IPs in the provinces of
Zamboanga del Norte, Zamboanga del Sur, and Basilan;
(9) Northwestern Mindanao Region- to serve the IPs in the provinces
of MisamisOccidental, Misamis Oriental, Bukidnon and Camiguin;
(10) Northeastern Mindanao Region - to serve the IPs in the Provinces
of Surigao del Norte, Surigao del Sur Agusan del Norte, Agusan del Sur;
(11) Southern and Eastern Mindanao Region - to serve the IPs in the
provinces of Davao Oriental, Davao del Sur, Compostela Valley, Davao del
Norte, South Cotabato, Sarangani, and the cities Davao, Tagum and Island
Garden City of Samal; and
(12) Central Mindanao Region - to serve IPs in the provinces of Lanao
del Norte, North Cotabato, Sultan Kudarat, and the cities of Cotabato, Iligan
and Marawi;
b) Field Offices at the provincial and community levels shall likewise
be created. These shall be known respectively as Provincial Offices and
Community Service Centers.
c) Existing regional offices shall continue to function within the
purview of reorganization, revitalization and strengthening of the NCIP
structure. The Commission shall determine the number and scope of Regional,
provincial and community service centers based on the management principles
of economy, efficiency and effectiveness.
d) 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 offices, the NCIP shall
establish appropriate field offices thereat.
Section 2. Other Offices. The NCIP shall have the power to create additional
offices as it may deem necessary subject to existing rules and regulations, such
as, but not limited to, the following:

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a) Finance Management Office. For purposes of setting clear directions

on financial policies, and institutionalize checks and balances in the
management of the financial resources and other assets of the Commission,
there is hereby created the Finance Management Office which shall provide
efficient and effective services relating to budgeting, accounting and internal
audit. It shall:
(1) Prepare the annual budget of the Commission in coordination with
the Office on Policy, Planning, and Research, Department of Budget and
Management and the Office of the President;
(2) Develop, maintain and administer the accounting and financial
management and auditing systems of the Commission;
(3) Exercise supervision and control over the implementation of
internal auditing rules and regulations within the Commission, including all
funds received by the Commission from whatever source for the
implementation of its programs, projects and activities. and,
(4) Prepare the budget performance and financial statements for
inclusion in the annual and other periodic reports of the Commission for
submission to the Office of the President.
b) Ancestral Domains Fund Division. A special division under the
Administrative Office shall be created to manage the ancestral domains fund. It
shall perform the following functions and responsibilities, viz:
(1) To determine the priority areas for funding;
(2) To equitably allocate funds to the various priority areas for the
delineation and development of ancestral domains, in coordination with the
Ancestral Domains Office;
(3) To prepare a consolidated report of expenditures on a quarterly
basis, in coordination with the Finance Management Office; and
(4) To monitor the implementation of programs funded by the
ancestral domains fund; and
(5) To perform such other functions relative hereto or as may be
assigned by the Commission.
c) Office for Foreign Assisted Programs and Projects. This office shall
be responsible for the completion of the necessary technical requirements for
program and project development. It shall develop programs and projects for
foreign assistance, complete requirements for the approval thereof, and follow
up proposals with the respective institutions; supervise and manage
foreignfunded program and projects being implemented by the NCIP; assist
people’s organizations and NCIP offices in the development,

98
implementation and management of foreign-funded projects; and perform

such other functions as may be defined by the Commission.
d) International Relations Office. This unit shall be responsible for all
matters and concerns involving international bodies and foreign countries and
affecting the enjoyment and realization of all human rights of the ICCs/IPs. To
accomplish this mandate, it shall have the following specific functions:
(1) Assist the NCIP in representing the Philippine ICC/IPs in all
international conferences and conventions dealing with indigenous peoples
and other related concerns;
(2) Monitor the implementation and promotion of international
conventions, treaties and other international instruments affecting the ICCs/IPs
to which the Philippines is a party or a signatory or which are generally
considered part of customary international law and practice.
(3) Maintain and manage, in coordination with the Department of
Foreign Affairs, an Attaché Service for ICCs/IPs at the United Nations in New
York and Geneva and in such other places as may be determined by the NCIP,
for coordination with the United Nations, foreign governments and other
international organizations in such matters affecting the ICCs/IPs.
(4) Conduct research and training in new developments in
international law, trade and world affairs, with special emphasis on the effects
of globalization on the ICCs/IPs and maintain a data base and serve as a
repository of relevant international materials;
(5) Pursue and maintain international linkages and ensure the proper
dissemination abroad of accurate information about ICCs/IPs in the Philippines;
and
(6) Perform such other services and functions that the NCIP may
deem necessary.
Part VIII. Composition of and Guidelines for the Convening of the

Consultative Body
Section 1. Definition and Composition. Pursuant to Section 50 of the Act, the

NCIP shall convene the consultative body which is defined as:
a) 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.

99
b) A grassroots consensus building process, and/or multi-level

mechanism of people’s participation in the implementation of the provisions of
the Act and the objectives of the NCIP.
Section 2. Guidelines for the Convening of the Consultative Body. In convening

the Consultative Body as provided in Section 50 of the Act, the following
guidelines shall be applicable:
a) The Consultative Body shall be composed of tribal leaders and
indigenous peoples’ representatives from the elderly, women, youth and
children sectors, who shall be accredited for this purpose, and where
applicable, in accordance with the principle of equitable representation of all
ICCs/IPs at each level;
b) The Consultative Body shall be constituted from time to time at
the ancestral domain, barangay, municipal, provincial, regional and national
levels, to advise the NCIP on matters relating to the problems, aspirations and
interests of the ICCs/IPs;
c) On matters pertinent to the formulation of development plans and
monitoring of programs and projects, including those concerning poverty
alleviation/reduction, the Commission shall convene the Consultative Body at
the national level, preferably on a quarterly basis;
d) Regional representation to the national consultative body shall be
selected through an ascending multi-level process emanating from the
community level, and shall be rotated among the different ICC/IP communities;
e) The national consultative body shall be composed of regional
representatives not exceeding a total of thirty-five (35), at the participation
rate of five (5) representatives from each of the seven (7) ethnographic regions
as allocated under Section 40 of the Act;
f) The consultative body shall promulgate its own internal rules of
procedure, and whenever possible, it shall use consensual and other traditional
decision making processes during sessions, assemblies or meetings; and
g) The Commission shall provide the funds necessary to ensure the
viability of the Consultative Body.
RULE VIII. DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS Part

I. Delineation and Recognition of Ancestral Domains/Lands
Section 1. Principle of Self Delineation. Ancestral domains shall be identified

and delineated by the ICCs/IPs themselves through their respective Council of

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Elders/Leaders whose members are identified by them through customary

processes. The metes and bounds of ancestral domains shall be established
through traditionally recognized physical landmarks, such as, but not limited to,
burial grounds, mountains, ridges, hills, rivers, creeks, stone formations and the
like.
Political or administrative boundaries, existing land uses, licenses, leases,

programs and projects or presence of non-ICCs in the area shall not limit the
extent of an ancestral domain nor shall these be used to reduce its area.
Section 2. Procedure on Ancestral Domain Delineation. The Ancestral Domains

Office (ADO) shall be responsible for the official delineation of ancestral
domains and lands. For this purpose, the ADO, at its option and as far as
practicable, may create mechanisms to facilitate the delineation process, such
as the organization of teams of facilitators which may include, among others,
an NGO representative chosen by the community, the Municipal Planning and
Development Officer of the local government units where the domain or
portions thereof is located, and representatives from the IP community whose
domains are to be delineated. The ADO will ensure that the mechanisms
created are adequately supported financially and technically to enable the
efficient and expedient delineation of the ancestral domains.
The identification, delineation and recognition of ancestral domains shall be in

accordance with the following procedure:
a) Filing of Petition for Delineation. A majority of the members of the
ICCs/IPs in a specific area, through their own recognized Council of
Elders/Leaders, may file a petition with the NCIP through the Provincial Office
for the identification, delineation and recognition of their ancestral domain. No
other entity shall file said petition and to ensure the legitimacy of the Petition,
the same shall be signed by all members of the concerned ICCs/IPs’ Council of
Elders or popularly recognized and accepted leadership body.
b) Delineation Proper. Upon receipt of a Petition for Delineation, the
ADO through the NCIP Provincial Office shall proceed as follows:
(1) Community-wide information dissemination and consultation with
the ICCs/IPs concerned shall be conducted to inform them about the
delineation process and to establish the genuineness of the Petition.
(2) The Council of Elders/Leaders of the IPs concerned, in accordance
with customary law and/or community history, shall convene to identify the

101
landmarks indicating the boundaries of their ancestral domains in a

topographic map and submit the same to the NCIP Provincial Office;
(3) Whenever applicable, the Council of Elders/Leaders shall likewise
identify all parts of the domains which may no longer be exclusively occupied
by them but from which they traditionally had access to for their subsistence
and traditional activities, including but not limited to, sacred sites, worship
areas, hunting, gathering, collecting and fishing grounds;
(4) The NCIP Provincial Office, based on the indicative map, shall
approximate the land area of the territory in hectares; and
(5) The ICCs/IPs concerned, with the assistance of the NCIP Provincial
Office shall conduct a census of its community members, the results of which
shall be attached as part of the record.
c) Submission of Proof. To prove its ancestral domain claim, the
concerned ICCs/IPs shall submit to the NCIP Provincial Office the following:
(1) the testimony of the community elders who participated in the
identification of physical boundaries and who took part in giving the oral
historical accounts; and
(2) any one (1) of the following proofs:
i) Written accounts of the ICCs/IPs customs and traditions; ii)
Written accounts of the ICCs/IPs political structure and institutions; iii)
Pictures showing long term occupation such as those of old
improvements, burial grounds, sacred places and old villages; iv) Historical
accounts, including pacts and agreements concerning
boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;
v) Survey plans and sketch maps;
vi) Anthropological data; vii)
Genealogical surveys;
viii) Pictures and descriptive histories of traditional communal forests
and hunting grounds; ix) Pictures and descriptive histories of traditional
landmarks such as
mountains, rivers, creeks, ridges, hills, terraces and the like; and
x) Write-ups of names and places derived from the native dialect of the
community.
d) Notice of Ocular Inspection. The NCIP Provincial Office shall notify
the applicant community through its Council of Elders/ Leaders, adjoining
communities through their elders or leaders, and other affected entities, five
(5) days in advance, that an ocular inspection of the ancestral domain claim of
applicant community shall be conducted on such a date and time and that their

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presence is required especially in the verification of the metes and bounds

thereof.
e) Ocular Inspection. The NCIP Provincial Office, in cooperation with
the ICCs/IPs concerned and representatives of adjoining communities shall
conduct an ocular inspection of the area being claimed in order to verify the
landmarks indicating the boundaries of the ancestral domain and the physical
proofs in support of the claim.
f) Evaluation and Appreciation of Proof. The NCIP Provincial Office
shall evaluate the proofs submitted. If the claim is found to be patently false or
fraudulent after diligent inspection and verification, notice of such rejection
which includes the reasons for the denial shall be sent to the ICC/IP claimant.
The ICC/IP claimant, may bring the denial on appeal with the NCIP on the
grounds of arbitrary and/or erroneous appreciation of facts. In addition to the
proof submitted, the NCIP Provincial Office may require additional proof for
purposes of substantiating the claim.
g) Survey and Preparation of Survey Plans. Based on its appreciation
of proofs, the NCIP Provincial Office shall request the Regional Surveys Division
to conduct a perimeter survey and prepare survey plan of the area with the
necessary technical description, including the significant natural features and
landmarks found therein.
h) Boundary Conflicts. In cases where there are boundary conflicts
among ICCs/IPs, the NCIP Provincial Office shall refer the matter for settlement
at the community level. If no settlement is reached, the NCIP Provincial Office
shall cause the contending parties to meet and come up with a preliminary
resolution of the conflict to pave the way for the delineation without prejudice
to its full adjudication pursuant to the pertinent provisions of the Act and these
Rules and Regulations.
i) Preparation of Report of Investigation and Other Documents. The
NCIP Provincial Office shall prepare an official report of investigation which
shall include its findings during the ocular inspection; evaluation and
appreciation of proofs submitted, and a preliminary report on the census of
community members, the minimum contents of which shall be the number of
ICC/IP and non-ICC/IP households in the community; a list of community-
recognized indigenous leaders/elders; and a description of the community-
recognized PO in the area.
j) Validation of Map. The NCIP Provincial Office shall present the
survey plan prepared pursuant to item (g) above, to the applicant ICC/IP
community for validation. If not validated, proper corrections may be made or
another survey may be conducted.
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k) Basic Documents of the Delineation Process. The approved and

validated survey plan of the Ancestral Domain Claim and the Petition for
Delineation shall constitute the basic documents of the delineation process.
l) Notice and Publication of Ancestral Domain Claim. The following
shall
constitute the procedure for notice and publication:
(1) The NCIP Provincial Office shall prepare a copy of the basic
documents of the ancestral domain claim, including a translation thereof in the
native language of the ICCs/IPs concerned;
(2) These documents shall be posted in a prominent place within the
ancestral domain which may be, but not limited to, the tribal hall, the market
place or places of worship and the Service Center, Provincial and Regional
Offices of the NCIP for at least fifteen (15) days;
(3) The basic documents shall also be published in a newspaper of
general circulation in the area once a week for two consecutive weeks to allow
other claimants to file opposition thereto within fifteen (15) days from the date
of last publication; and
(4) In areas where no newspapers exist, broadcasting in a radio
station could be a valid substitute for publication. In case of broadcast, the
same shall be made twice in a week and any opposition may be filed within 15
days from date of last broadcast. If both newspaper and radio station are not
available, the mere posting of the basic documents as in stated in sub-
paragraph (b) above shall be deemed sufficient and any opposition thereto
must be filed within 15 days from last day of posting.
m) Endorsement of the Ancestral Domain Claim to the NCIP. Within
fifteen (15) days after publication, the NCIP Provincial Office shall endorse the
ancestral domain claim to the NCIP Regional Office for verification. If the
Regional Office deems the claim to have been sufficiently proven, it shall
endorse the same to the Ancestral Domains Office with its corresponding
recommendation.
n) Review by the Ancestral Domains Office. Within fifteen (15) days
from receipt of the endorsement by the NCIP Regional Office of the ancestral
domain claim, the Ancestral Domains Office, shall review the documents. If the
ADO finds the claim to have been sufficiently proven, it shall prepare its report
to the NCIP endorsing a favorable action thereon. In case the ADO finds the
proof insufficient, it shall require the submission of additional evidence. If the
application is found to be patently false or fraudulent, the same shall be
rejected with notice sent to the applicant stating the reasons therefor.

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o) Preparation and Issuance of CADT. Upon receipt of the report of

the ADO, the Commission shall meet en banc to discuss the merits of the claim
based on the documents accompanying the endorsement. If it approves the
claim, the Commission shall direct the ADO to prepare the Certificate of
Ancestral Domain Title (CADT) in the name of the claimant IP community in a
specific location, together with all its necessary annexes. The CADT shall be
issued by the Commission and signed by all the Commissioners. No CADT shall
be issued in the name of a person family, clan or organization.
p) Submission of Maps. The official map of the ancestral domain shall
be submitted to the appropriate government agency for records and control
purposes.
Section 5. Validation of Prior Delineation of Ancestral Domains

a) Validation of Certificates of Ancestral Domain Claims (CADCs)
ICCs/IP communities whose ancestral domains have been satisfactorily
delineated pursuant to DENR Special Order No. 31, Series of 1989, as amended,
and Administrative Order No. 2, Series of 1993, may apply for the issuance of a
Certificate of Ancestral Domain Title (CADT) over the area without going
through the process prescribed in the Act. Such application shall be made
through the filing of a duly accomplished application form with the NCIP
Provincial Office for the purpose.
b) Turn-Over of Pertinent Records. The NCIP shall cause the turn-
over, by the DENR or other concerned government agency, of all records
pertinent to approved applications for CADCs immediately upon approval of
these Rules and Regulations, without prejudice to the prerogative of the NCIP
to enter into a Memorandum of Agreement with DENR or other concerned
agency, to ensure a continuous and satisfactory delineation of ancestral
lands/domains. Upon receipt of such records, the NCIP shall require the
Provincial Office to review the same in order to establish the correctness of the
delineation made, sufficiency of proof and regularity of the process undertaken
for the purpose.
c) Endorsement to NCIP. Upon favorable findings, the NCIP Provincial
Office shall endorse to the ADO, through the Regional Office, the documents
supporting the validation of the CADC and the subsequent issuance of a CADT.
d) Re-delineation of Areas Covered by CADCs. In case of irregularity
in the delineation process of CADCs granted under DENR DAO No. 2, Series of
1993, the NCIP Provincial Office shall refer the matter to the NCIP Regional
Office for a field investigation and appropriate re-delineation, if necessary, in
accordance with the process hereinabove described.
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e) Other Tenurial Instruments. The NCIP shall conduct a study of

other tenurial instruments issued to members of ICC/IP communities such as,
but not limited to, Certificates of Land Ownership Awards (CLOA) of the
Department of Agrarian Reform (DAR), and Certificate of Stewardship
Contracts (CSC) of the DENR, in order to determine the feasibility of their
conversion to CADTs or CALTs, and the case may be.
Section 6. Turn-over of Areas within Ancestral Domains. Once an area is

certified as an ancestral domain, the Chairperson of NCIP shall issue a notice to
concerned government agencies, such as but not limited to, the DENR, DAR,
DILG, DECS, DOT, DTI, DND, DOH, or DOE, having jurisdiction over these areas,
that the same is within ancestral domains and therefore falls under the
jurisdiction of the concerned ICCs/IPs by operation of law.
The ICCs/IPs and the concerned government agencies may enter into
agreements on the exercise of joint management responsibilities over such
areas. Such agreements shall, whenever possible, incorporate a plan for the
eventual transfer of full management powers and responsibilities to the
ICCs/IPs. The NCIP shall exercise visitorial and monitoring powers to safeguard
the rights of the ICCs/IPs under the agreement.
Section 7. Delineation of Ancestral Lands. The procedures for delineation of

ancestral lands shall be undertaken by the NCIP Service Center where the land
is located, in accordance with the following procedures:
a) Identification of Ancestral Lands within Ancestral Domains. The
ICCs/IPs, through their POs and/or Council of Elders, shall be responsible for
identifying and establishing ancestral lands within their respective ancestral
domains based on their own customs and traditions. With the free and prior
informed consent of its members, the community may also allocate portions of
the ancestral domain to individuals, families or clans in accordance with their
customary laws and traditional practices.
b) Application for Issuance of Certificate of Ancestral Land Title
(CALT) over Ancestral Lands within Ancestral Domains. Individuals, families or
clans belonging to the concerned ICCs/IPs within certified ancestral domains
may apply for Certificate of Ancestral Land Titles over their identified ancestral
lands, without going through the formal delineation process and in spite of the
issuance of any tenurial instrument issued over the same area before the

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effectivity of the Act by filling up the appropriate NCIP Form and filing it with
the NCIP Service Center.
c) Application for Issuance of Certificate of Ancestral Land Title of
Ancestral Lands outside Ancestral Domains. Claimants of ancestral lands
located outside certified ancestral domains may have such ancestral lands
officially established by filling up the appropriate NCIP Form and filing it with
the NCIP Service Center which has jurisdiction over the land. It shall be
accompanied by a testimony under oath of the elders of the ICC/IP who
are knowledgeable of such claim and any other documentary proof showing
continuous occupation, utilization or possession of the area since time
immemorial which shall be any of the following:
(1) Written accounts of the ICCs/IPs customs and traditions;
(2) Written accounts of the ICCs/IPs political structure and
institutions;
(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/IPs;
(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) Write-ups of names and places derived from the native dialect of
the community.
d) Notice and Publication. Upon receipt of the application the
NCIP Service Center shall cause the publication of such application in
accordance with the following procedure:
(1) The NCIP Service Center shall prepare a copy of the petition
and survey or sketch plans, these being the basic documents of the
ancestral land claim, including a translation thereof in the native
language of the ICCs/IPs concerned;
(2) These documents shall be posted in a conspicuous or
prominent place within the ancestral land which may be, but not limited
to, the tribal hall, the market place or places of worship and the Service

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Center, Provincial and Regional Offices of the NCIP for at least fifteen
(15) days;
(3) Whenever available, the basic documents shall also be
published in a newspaper of general circulation in the area once a week
for two consecutive weeks to allow other claimants to file opposition
thereto within fifteen (15) days from the date of last publication; and
(4) In areas where no newspapers exist, broadcasting in a radio
station could be a valid substitute for publication. In case of broadcast,
the same shall be made twice in a week and any opposition may be filed
within 15 days from date of last broadcast. If both newspaper and radio
station are not available, the mere posting of the basic documents as in
stated in sub-paragraph (b) above shall be deemed sufficient and any
opposition thereto must be filed within 15 days from last day of posting.
e) Ocular Inspection and Appreciation of Proof. Within fifteen
(15) days after such publication, the NCIP Service Center shall conduct an
ocular inspection and investigation thereof. Notices shall be sent to the
applicant and owners of adjoining properties at least five days before the
scheduled date of ocular inspection. If the NCIP Service Center finds the
same meritorious, it shall request the NCIP Regional Office, for a
technical survey of the area. However, it may reject any application for
CALT which it finds patently false or fraudulent upon investigation and
shall give the applicant due notice of the action taken including the
grounds for the denial. Such denial is appealable to the NCIP in
accordance with the procedure prescribed herein.
f) Resolution of Conflicting Claims. In case of conflicting claims,
the NCIP Service Center shall refer the same to the Council of
Elders/Leaders in the community for settlement. In case of failure of
settlement thereat, the NCIP Service Center shall endeavor to cause the
contending parties to meet and help them come up with a preliminary
resolution of the conflict. Upon the exhaustion of all possible remedies,
the same conflict may however be submitted for full adjudication under
Section 62 of the Act, in which the Director of Lands may take part to
represent the interest of the Republic of the Philippines.
g) Parcellary Survey. -Upon the recommendation of the NCIP
Service Center, through the NCIP Provincial Office, the Surveys Division
of the NCIP Regional Office shall conduct a parcellary survey of the area.
Upon the completion of the survey and approval thereof, the survey
returns and the approved survey plan shall be returned to the NCIP
Service Center through the Provincial Office.
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h) Report of Investigation. The NCIP Service Center shall

prepare a report of its findings, together with the record and the
approved survey plan and submit the same to the NCIP Provincial Office.
In case of insufficient proof, additional evidences may be required from
the applicant.
i) Review by the NCIP Provincial Office. Upon review by the
NCIP Provincial Office and finding the application to be sufficiently
proved, the same shall be endorsed to the NCIP Ancestral Domains
Office through the NCIP Regional Office.
j) Issuance of Certificate of Ancestral Land Title (CALT). The
ADO shall, within fifteen (15) days from receipt thereof, submit all
records of the application to the NCIP which shall in turn, evaluate the
application and report submitted, and if it finds the application to be
meritorious, issue the corresponding CALT.
Section 8. Registration of Certificates of Ancestral Domain Title (CADTs) and

Certificates of Ancestral Land Title (CALTs). The NCIP, through the Ancestral
Domains Office (ADO), shall register all CADTs and CALTs with the Register of
Deeds in the place where the properties are located. The NCIP together with
the Land Registration Authority shall formulate the procedure for such
registration. Awardees of CADT and CALT themselves may opt to personally
cause such registration.
Section 9. Reconveyance of Fraudulently Transferred Ancestral Lands. Within

two years from the effectivity of the Act, the NCIP shall take appropriate legal
action for the cancellation of illegally acquired titles ensuring however that the
rights of possessors in good faith are protected. Procedures for reconveyance
to the ICCs/IPs concerned shall be undertaken by the ICCs/IPs with the
assistance of NCIP if requested.
This provision shall not prejudice the right of ICCs/ IPs to redemption of lands
transferred under vitiated consent and/or unconscionable consideration as
provide for in Chapter III, Section 8 of the Act and these Rules and Regulations.
Part II. Ancestral Domain Development and Protection
Section 1. Right to Manage and Develop Ancestral Domains. The ICCs/IPs shall
have the right to freely pursue their economic, social, political and cultural

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development. In the exercise of this right, the ICCs/IPs shall formulate and
pursue their own plans for the sustainable management and development of
the land and natural resources as well as human resources within their
ancestral domains based on their indigenous knowledge systems and practices
and on the principle of self-determination. Such plans may be consolidated into
an Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)
which shall be the basis of the Five Year Master Plan defined under these Rules
and Regulations.
Section 2. Preparation and Adoption of Ancestral Domains Sustainable

Development and Protection Plans (ADSDPP). With the assistance of the NCIP,
the ICCs/IPs concerned shall prepare their own ADSDPP in accordance with
their customary practices, laws and traditions. The ADSDPP shall contain the
following basic information:
a) Manner by which the ICCs/IPs will protect the domains;
b) Kind or type of development programs adopted and decided by
the ICCs/IPs, in relation to livelihood, education, infrastructure, self-
governance, environment, natural resources, culture and other practical
development aspects;
c) Basic community policies covering the implementation of all forms
of
development activities in the area; and
d) Basic management system, including the sharing of benefits and
responsibilities among members of the concerned ICC/IP community.
All ADSDPPs shall be disseminated among community members in any mode of

expression appropriate to the customs and traditions of the ICCs/IPs including,
but not limited to, writings in their own language, oral interactions, visual arts,
and analogous modes. The ICCs/IPs shall submit to the municipal and provincial
government unit having territorial and political jurisdiction over them their
ADSDPP in order for the said LGU to adopt and incorporate the same in the
Municipal Development Plan, Municipal Annual Investment Plan, Provincial
Development Plan, and Provincial Annual Investment Plan.
Section 3. Basic Steps in the Formulation of an ADSDPP. For purposes of

ensuring the authenticity and effectiveness of the Plan, the community
members, through their PO and/or Council of Elders, and with the assistance of
the NCIP, shall follow the following basic steps in the formulation process:

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a) Information Dissemination. The Council of Elders/Leaders, with

the assistance of the NCIP, shall conduct of intensive information-
dissemination on the Indigenous Peoples Rights Act (IPRA) among the
community members. For the purpose of information-dissemination, the NCIP
may engage the services of an authorized NGO or IPO;
b) Baseline Survey. The Council of Elders/Leaders, with the assistance
of the NCIP, shall conduct a participatory baseline survey of the ancestral
domain focusing on the existing population, natural resources, development
projects, land use, sources of livelihood, income and employment, education
and other concerns. For the purpose of the baseline survey, the NCIP may
engage the services of an authorized NGO or IPO;
c) Development Needs Assessment. The Council of Elders/Leaders,
with the assistance of the NCIP, shall conduct workshops in every village within
the ancestral domain to determine the will of the community members
regarding the kind of development the community should pursue in terms of
livelihood, education, infrastructure, self-governance, environment, natural
resources, culture and other aspects. For the purpose of the Development
Needs
Assessment, the NCIP may engage the services of an authorized NGO or IPO;
d) Formulation of Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP). The concerned ICC/IP, through its IPO and/or
Council of Elders, and with the assistance of the NCIP, shall formulate its
Ancestral Domain Sustainable Development and Protection Plan;
e) Validation of ADSDPP. With the assistance of the NCIP, the IPO
and/or Council of Elders shall conduct assemblies among the ICC/IP members
for the validation and approval of the ADSDPP.
f) Submission of ADSDPP to NCIP. Upon validation and approval, the
IPO and/or the Council of Elders shall submit the ADSDPP to the NCIP for their
information and concurrence. The ADSDPP shall form part of the data base on
ICC/IP communities in the country, in relation to development projects,
programs and activities within the ancestral domain, which the NCIP is
mandated to establish.
g) Conversion of Ancestral Domain Management Plans (ADMPs) to
Ancestral Domain Sustainable Development and Protection Plans (ADSDPPs).
ICCs/IP communities have the option to convert or modify their existing
Ancestral Domain Management Plans prepared and completed pursuant to
DENR-DAO 96-34 into Ancestral Domain Sustainable Development and
Protection Plan in accordance with these rules.

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Section 4. Management of Joint Undertakings Within Ancestral Domains. The

ICCs/IPs shall have priority rights in the harvesting, extraction, development or
exploitation of the natural resources within the ancestral domain. Should the
ICCs/IPs give their free and prior informed consent to any development
activity, project, program or plan to be implemented by any government or
private entity, they shall have the following rights:
a) The right to an informed and intelligent participation in the
formulation and implementation of the project;
b) The right to receive just and fair compensation for any damage or
loss which may be sustained as a result of such project;
c) The right to benefit sharing; and
d) The right to exercise visitorial powers and take appropriate action to
safeguard the rights of the community under the same contract.
Section 5. Existing Property Rights Regimes. Property rights within the

ancestral domains already existing and/or vested upon effectivity of the Act,
shall be recognized and respected.
Section 6. Existing Contracts, Licenses, Concessions, Leases, and Permits Within

Ancestral Domains. Existing contracts, licenses, concessions, leases and permits
for the exploitation of natural resources within the ancestral domain may
continue to be in force and effect until they expire. Thereafter, such contracts,
licenses, concessions, leases and permits shall not be renewed without the free
and prior informed consent of the IP community members and upon
renegotiation of all terms and conditions thereof. All such existing contracts,
licenses, concessions, leases and permits may be terminated for cause upon
violation of the terms and conditions thereof.
Section 7. Right to Manage Protected and Environmentally Critical Areas. The

ICCs/IPs, through their POs and/or Council of Elders, shall determine the terms
and conditions for the exploration of natural resources within the ancestral
domain for the purpose of ensuring ecological balance, environmental
protection and conservation. Accordingly, the ICCs/IPs, with the assistance of
the NCIP, shall:
a) Inventory of all Portions of Ancestral Domains. Conduct an
inventory of all portions of ancestral domains which have been determined by
appropriate government agencies as necessary for critical watersheds,
mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover or

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reforestation, national parks, or natural parks for purposes of evaluating the

same under their own parameters;
b) Environmentally Critical Areas. All areas found by the concerned
community as environmentally critical areas as determined in paragraph (a)
above shall be maintained, developed, protected and conserved in accordance
with their indigenous knowledge systems and practices (IKSPs) and Customary
Laws;
c) Turn-over of Funds to Community. Funds previously allocated by
government for the management of the area shall be turned over, through the
NCIP, to the community to be used for the same purpose; and
d) Transfer of Management Responsibility. Should the community
decide, on the basis of free and prior informed consent, to transfer
management responsibility over the area to another entity, such decision shall
be made in writing to be signed by all members of the community’s Council of
Elders. Provided, that all forms of exploitation of the natural resources in the
area shall not be allowed and that appropriate technology transfer aimed at
speeding up the reversion of management of the area to the community is
effected. The process of transfer of Management Responsibility shall be
witnessed by the NCIP, without prejudice to its visitorial and monitoring
powers.
Section 8. Five Year Master Plan. Based on the Ancestral Domain Sustainable
Development and Protection Plans (ADSDPP) of the various ICCs/IPs and other
relevant information, the Office on Policy, Planning and Research shall
formulate a Five-Year Master Plan for the delivery of appropriate support
services to the ICCs/IPs.
Such support services, which includes infrastructure, health and educational

services, training, credit facilities, community production and marketing
facilities, organizational support services and the like, shall be identified by the
ICCs/IPs themselves through traditional and customary consultative processes
facilitated by the community-recognized POs and/or Council of Elders.
The allocation of funds for and delivery of such support services shall be made
with utmost transparency and with the involvement of the community POs,
Councils of Elders and community members. Any violation of this provision
shall be subject to administrative sanction and be punishable under Section 72
of the Act.

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The Five-Year Master Plan shall also indicate the priorities for development of
the ICCs/IPs affecting their lives, beliefs, institutions, spiritual well-being and
ancestral domains or lands pursuant to Section 17 of the Act.
Section 9. Certification Precondition Prior to Issuance of any Permits or

Licenses.
a) Need for Certification. No department of government or other
agencies shall issue, renew or grant any concession, license, lease, permit,
or enter into any production sharing agreement without a prior certification
from the NCIP that the area affected does not overlap any ancestral
domain.
b) Procedure for Issuance of Certification by NCIP.
(1) The certification, above mentioned, shall be issued by the
Ancestral Domain Office, only after a field based investigation that such areas
are not within any certified or claimed ancestral domains.
(2) The certification shall be issued only upon the free, prior, informed
and written consent of the ICCs/IPs who will be affected by the operation of
such concessions, licenses or leases or production-sharing agreements. A
written consent for the issuance of such certification shall be signed by at least
a majority of the representatives of them all households comprising the
concerned ICCs/IPs.
c) When the Areas Affected are within Ancestral Domains. When the
areas affected are certified to be within ancestral domains, all licenses, leases,
permits or the like may henceforth be issued only upon compliance with the
procedures for securing of free and prior informed consent, pursuant to these
Rules and Regulations.
The NCIP, upon complaint of the ICCs/IPs, or on its own initiative, shall issue
compulsory processes to stop or suspend any project that has not satisfied the
consultation process and the requirements of Free and Prior Informed Consent
of the ICCs/IPs or upon violation of any of the terms and conditions of the
contract, lease, permit or production sharing agreement.
The NCIP in collaboration with the ICCs/IPs concerned shall closely monitor the
implementation of the Project and for this purpose may gain access to the
premises, facilities, records and documents of the project to ascertain that
their rights are adequately protected.

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Section 10. Right to Stop and Suspend Projects. The NCIP, may motu propio or
upon the instance of ICCs/IPs, shall have the right to stop and suspend the
implementation of any development program, project, policy or plan, and after
due investigation and proof that consent was obtained due to manipulation,
coercion, intimidation and deceit or where proponent has violated any or all of
the terms and conditions stipulated in the Memorandum of Agreement.
Whenever applicable and after due notice, the cash bond deposited or surety
bond posted by the proponent shall be confiscated and forfeited to answer for
compensatory measures shall be imposed upon the proponent.
Section 11. Exemption from Taxes. All lands certified as Ancestral Domains shall
be exempt from the payment of real property taxes, special levies, and other
forms of exaction except such portions of the ancestral domains as are actually
used for large-scale agriculture, commercial forest plantations and residential
purposes or upon titling by private persons.
All exaction shall be used to facilitate the development and improvement of

the ancestral domains. For this purpose, the NCIP shall coordinate with the
appropriate government offices to facilitate the transfer of such revenues to
the concerned ICC/IP community.
For purposes hereof, residential houses refer to buildings or structures used as

the personal residence of an individual and shall not include any indigenous
houses that are used communally, such as, but not limited to, houses of
worship and other similar structures for ritual purposes.
Section 12. Temporary Requisition Powers. Prior to the establishment,

organization and staffing of its survey divisions and/or units through which it
can effectively fulfill its mandate, and within three (3) years after its creation,
the NCIP may request the Department of Environment and Natural Resources,
or engage private survey companies, to conduct the survey of ancestral
lands/domains, under a Memorandum of Agreement. Such Memorandum of
Agreement shall stipulate among others, a provision on technology transfer to
the NCIP. The Secretary of the DENR shall accommodate any such request
within one (1) month from its issuance.
Section 13. Expropriation. Pursuant to Section 64 of the Act, expropriation of
lands under existing laws may be resorted to for purposes of resolving conflicts

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of interest in relation to ancestral domains or for the promotion of the

“common good”.
RULE IX. JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
Section 1. Primacy of Customary Law. All conflicts related to ancestral domains

and lands, involving ICCs/IPs, such as but not limited to conflicting claims and
boundary disputes, shall be resolved by the concerned parties through the
application of customary laws in the area where the disputed ancestral domain
or land is located.
All conflicts related to the ancestral domains or lands where one of the parties
is a non- ICC/IP or where the dispute could not be resolved through customary
law shall be heard and adjudicated in accordance with the Rules on Pleadings,
Practice and Procedures Before the NCIP to be adopted hereafter.
All decisions of the NCIP may be brought on Appeal by Petition for Review to
the Court of Appeals within fifteen (15) days from receipt of the Order or
Decision.
Section 2. Rules of Interpretation. In the interpretation of the provisions of the

Act and these rules, the following shall apply:
a) All doubts in the interpretation of the provisions of the Act,
including its these rules, or any ambiguity in their application shall be resolved
in favor of the ICCs/IPs.
b) In applying the provisions of the Act in relation to other national
laws, the integrity of the ancestral domains, culture, values, practices,
institutions, customary laws and traditions of the ICCs/IPs shall be considered
and given due regard.
c) The primacy of customary laws shall be upheld in resolving
disputes
involving ICCs/IPs.
d) Customary laws, traditions and practices of the ICCs/IPs of the
land where the conflict arises shall first be applied with respect to property
rights, claims and ownership, hereditary succession and settlement of land
disputes.
e) Communal rights under the Act shall not be construed as co-

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ownership as defined in Republic Act No. 386, otherwise known as the New
Civil Code of the Philippines;
f) In the resolution of controversies arising under the Act, where no
legal provisions or jurisprudence apply, the customs and traditions of the
concerned ICCs/IPs shall be resorted to; and
g) The interpretation and construction of any of the provisions of the
Act shall not in any manner adversely affect the rights and benefits of the
ICCs/IPs under other conventions, international treaties and instruments,
national laws, awards, customary laws and agreements.
Section 3. Appeals to the Court of Appeals. Decisions of the NCIP is appealable

to the Court of Appeals by way of a petition for review within fifteen (15) days
from receipt of a copy thereof.
Section 4. Execution of Decisions, Awards, and Orders. Upon expiration of the

period herein provided and no appeal is perfected by any of the contending
parties, the Hearing Officer 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.
Section 5. Jurisdiction and Quasi-Judicial Functions of the NCIP. In relation to its

quasi-judicial powers, the NCIP shall:
a) Through its regional offices, have jurisdiction over all claims and
disputes involving the rights of ICCs/IPs;
b) 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 the Act;
c) 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
documents of similar nature as may be material to a just determination of the
matter under investigation or hearing conducted in pursuance of the Act;
d) To hold any person in contempt, directly or indirectly, and impose
appropriate penalties therefor; and
e) To enjoin any or all acts involving or arising from any case pending
before it which, if not restrained forthwith, may cause grave and irreparable

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damage to any of the parties to the case or seriously affect social or economic
activity.
Section 6. No Restraining Order or Preliminary Injunction. No inferior court of
the Philippines shall have jurisdiction to issue any 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 the Act and other pertinent laws relating to ICCs/IPs and
ancestral domains.
RULE X. ANCESTRAL DOMAIN FUNDS
Section 1. Sourcing and Appropriation. The NCIP shall endeavor to realize the
amounts intended for the Ancestral Domain Fund appropriated under Section
71 of the Act. It shall augment this fund by actively seeking additional
government funds and soliciting donations, endorsements and grants from
various sources, including foreign funds made available for the ICCs/IPs
through the Government of the Philippines under the national implementation
scheme. Only the Chairman of the NCIP or his duly-designated representatives,
shall have the authority to receive such donations, endowments or grants,
which shall be fully documented and disseminated to all concerned.
Section 2. Allocation and Disposition. For purposes of delineation and

development of ancestral domains, Ancestral Domain Funds shall be allocated
equitably, to be computed on a per linear/kilometer basis. Where the POs
and/or Councils of Elders have sufficiently expertise for purpose of delineation
and ancestral domain development activities, the NCIP shall grant these funds
directly to the POs and/or Council of Elders, who shall be held accountable for
such funds, without prejudice to the NCIP’s visitation and monitoring powers;
Provided, otherwise, that the NCIP shall manage and supervise the delineation
and development, while ensuring the transfer of technology to the ICCs/IPs
concerned.
Section 3. Reporting and Audit. The Ancestral Domain Fund shall be subject to
the usual government accounting and auditing procedures. A consolidated
report of expenditures under this fund shall be prepared and presented to the
NCIP en banc regularly on a quarterly basis. The same report shall also be
presented to the Consultative Body when it is in session and made available to
any indigenous cultural community PO or Council of Elders upon request.

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RULE XI. PENALTIES AND SANCTIONS Part I. Unlawful Acts
Section 1. Punishable Acts Related to Ancestral Lands/Domains. Any person

found guilty of any the following acts shall be penalized:
a) Unlawful or unauthorized intrusion into ancestral domains/lands;
b) Misrepresentation in obtaining the free and prior informed
consent
of ICCs/IPs;
c) Usurpation of real rights in property;
d) Forcible displacement or relocation of ICCs/IPs from their ancestral
lands/domains;
e) Pollution of the air and bodies of water within the ancestral
domain/land;
Section 2. Punishable Acts Related to Employment. Any person who commits

any of the following acts are subject to punishment as prescribed in the Act:
a) Exposure to hazardous working conditions;
b) Non-payment of salaries, wages and other work benefits;
c) Violation of the freedom of association and trade union activities;
d) Exploitation of child labor;
e) Sexual harassment; and
f) Other analogous circumstances
Section 3. Punishable Acts Related to Cultural Integrity. Commission of any of

the following acts or violation of any of the following rights are punishable
under the Act:
a) Exploring, excavating or making diggings on archeological sites of
the ICCs/IPs for the purpose of obtaining materials of cultural value without
the free and prior informed consent of the community concerned; and
b) Defacing, removing or otherwise destroying artifacts which are of
great importance and significance to the ICCs/IPs for the preservation of their
cultural heritage.

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Part II. Persons Liable
Section 1. Persons Liable. The following are liable for punishment for violation
of the rights of ICCs/IPs enumerated in the Act:
a) Any individual, whether a member of the same or different
ICC/IP
community or not;
b) Any individual who is non-IP, whether a Filipino or alien;
c) In case of violation of rights committed by juridical persons,
the Manager, President, Chief Executive Officer, or any of the officers of
such juridical persons; and d) Government officials, officers or
employees.
Part III. Penalties
Section 1. Imposable Penalties in Accordance with Customary Law. The ICC/IP

community whose rights have been violated may penalize any violator in
accordance with their customary law, except:
a) Where the penalty is cruel, degrading or inhuman; or
b) Where the penalty is death or excessive fine
Section 2. Penalties Imposed by the Act. All violators shall be punished, as

follows:
a) Imprisonment for not less than nine (9) months but not more than
twelve (12) years;
b) Fine of not less than One Hundred Thousand Pesos (P100,000.00)
but
not more than Five
Hundred Thousand Pesos (P500,000.00); or
c) Both such fine and imprisonment at the discretion of the court.
Section 3. Accessory Penalties. In addition to the penalties referred to in the

preceding article, the following may be imposed:
a) For all violators, payment of damages suffered by the ICCs/IPs as a
consequence of the unlawful act;
b) For corporations or other juridical persons, cancellation of their
registration certificate or license; and
c) For public officials, perpetual disqualification to hold public office.
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RULE XII: MERGER OF THE ONCC/OSCC Part I: Reorganization Process
Section 1. Definition and Policy. Merger refers to the reorganization of the

ONCC and OSCC to establish the NCIP as the primary government agency that is
efficient, effective and fully responsive to the needs and requirements of the
indigenous peoples, its main public clientele. The reorganization shall lead to a
revitalized and strengthened structure to achieve the objectives of the NCIP.
Section 2. Reorganization Procedures. The procedures for the merger are the
following:
a) Revitalization and Strengthening. To achieve this purpose, the NCIP
shall:
1) Form a common staff support system which shall be organized
along the various offices and functions of the Commission as provided in
Sections 46 to 49 of the Act;
2) Maintain a multi-level structure from the national to sub-national
and community levels, to ensure a responsive, competent organization.
Subnational offices are categorized as regional and provincial offices. The basic
unit of organization is the Community Service Center. These offices shall
perform according to the operating principles cited in these Implementing
Rules and Regulations;
3) Relocation and establishment of Service Centers in strategic sites
intended to serve the most number of constituents in contiguous ancestral
domains/lands for greater efficiency, effectiveness and economy: Provided;
that officers and employees assigned to Service Centers shall receive
compensation and incentives commensurate to the risks and hardship of
these Service Centers: Provided further; that the NCIP shall assign the most
qualified, experienced personnel, possessing of proven inter-disciplinary
skills to facilitate a people-centered development program;
4) Reorientation of the work ethic and values of all officers and
employees through regular and intensive human resource and organization
development programs in the context of the IPRA; and
5) Cultivation of a policy of preferential option for IPs in the
personnel policies of the NCIP.
b) Retirement of Officials and Employees of the ONCC and OSCC.

Pursuant to the rules of government reorganization, all officials and employees

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of the ONCC and OSCC are deemed retired and shall be on holdover status
upon the effectivity of the Act, until the issuance of a thirty (30-day) notice of
termination;
c) Notice of Termination. Incumbent ONCC/OSCC officials and
employees shall be individually served a notice of termination of service thirty
(30) days before such termination;
d) Staffing Pattern. The NCIP shall prepare a staffing pattern
composed of newly created positions subject to the approval of the
Department of Budget and Management and the Civil Service Commission and
shall implement the same; and
e) Criteria for Filling Up of the Newly Created Positions. The newly
created positions shall be filled up according to the:
1) Qualifications and standards set by the Civil Service; and
2) Criteria of retention and appointment prepared by the
consultative body convened for this purpose, for the implementation of the
Placement Committee.
Section 3. Order of Priority and Preferential Rights. The exercise of priority

rights in the appointment of the retired ONCC/OSCC personnel shall be in the
following order:
a) Former ONCC/OSCC officers and employees who are IPs and have
held permanent appointments to positions comparable to vacant or new
position; or in case there are not enough comparable positions to positions
next lower in rank; Provided that the Civil Service rules and regulations and
guidelines approved by the Placement Committee shall apply in case of
conflict between two equally qualified former officers/employees who are
IPs; Provided, further, that those with CESO rank shall have priority in
employment to comparable positions in the new staffing pattern; and
b) Bona fide IP applicants over non-IP applicants with equal
qualifications.
Section 4. Reappointment of Former ONCC/OSCC Personnel. Former officers

and employees of the ONCC and OSCC may be re-appointed to the NCIP after
meeting the qualifications and standards set by the Civil Service and Placement
Committee, in accordance with the criteria set by the Consultative Body.
Section 5. Payment of Gratuity and Retirement Benefits. Personnel of the

ONCC/OSCC who may be retired or separated from service as a result of the

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reorganization shall be entitled to gratuity or retirement benefits at the rate of

one and a half (1 1/2) months pay for every year of service, as provided in
Section 74 of the Act; Provided, that the computation of the retirement
benefits or gratuity shall begin upon the effectivity of the notice of termination;
Provided further, that the same gratuity and retirement benefits shall be
refunded by the former ONCC/OSCC personnel upon his/her reappointment to
the NCIP.
Section 6. Placement Committee. Pursuant to Section 77 of the Act, the

Commission shall create a Placement Committee to assist in the judicious
selection and placement of the NCIP personnel.
Section 7. Composition of the Placement Committee. The NCIP Chairperson

shall be the Chairperson and Presiding Officer of the Committee. It shall
prepare and approve its own Rules of Procedures.
a) At the national level, it shall be composed of the following:
(1) The seven Commissioner of the NCIP; Provided, that majority,
or four (4) Commissioners shall suffice to constitute the NCIP representation;
(2) An IP representative from each of the first level employees
association of the ONCC and OSCC;
(3) An IP representative from each of the second level employees’
association of the ONCC and OSCC;
(4) Representatives of accredited non-government organizations
(NGOs) with national constituencies, and with at least five years in community
work among the IPs. The exact number of NGO representatives shall be
determined by the NCIP, but in no case shall it exceed three. They shall be
informed of their appointments five (5) days before the initial meeting of the
Committee; and
(5) Representatives of accredited indigenous peoples’ organizations
(IPOs) with regional constituencies representing the seven ethnographic
regions, and with at least five years of existence or proven track records. The
exact number of IPO representatives shall be determined by the NCIP but in no
case shall it exceed three. They shall be informed of their appointments five (5)
days before the initial meeting of the Committee.
b) At the Regional Level, the Placement Committee shall be composed
of the following:

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(1) The Chairperson of the Commission or his duly authorized

representative; the Commissioner representing the ethnographic area of the
Region or his/her duly authorized representative;
(2) An IP representative from each of the first level employees’
association of the ONCC or
OSCC in the region, as the case maybe;
(3) An IP representative from each of the second level employees
association of the ONCC or OSCC in the region;
(4) Representatives of accredited non-government organizations
(NGOs) with regional constituencies, and with at least five years in community
work among the IPs. The exact number of NGO representatives shall be
determined by the NCIP, but in no case shall it exceed two (2). They shall be
Committee; and
(5) Representatives of accredited indigenous peoples’ organizations
(IPOs) based in the region. The exact number of IPO representatives shall be
determined by the NCIP but in no case shall it exceed two (2). They shall be
Committee
Section 3. NGO Accreditation to the Placement Committee. To qualify for

appointment to the Placement Committee, the non-government organizations
must submit their accreditation papers to the Chairperson of the NCIP, not
later than seven days after the effectivity of these Rules and Regulations. The
documents shall consist of the following:
a) Certificate of Registration with the Securities and Exchange
Commission;
b) Organizational Profile and Record of Accomplishments related to
community work among three regional IPOs, or one IPO with a national
constituency, five years prior to the enactment of the IPRA; in the case of
accreditation for regional level Placement Committee accreditation,
Organizational Profile and Record of Accomplishments related to community
work among three (3) community IPOs;
c) Record of Advocacy for IP rights, particularly their constructive
roles
in the passage of the IPRA; and
d) Letter of Intent of the NGO to participate in the performance of
the various tasks and functions of the Placement Committee and the formal

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nomination of its representative and alternate, to sit as member of the

Placement Committee. The nomination shall be accompanied by the
representative’s bio-data.
Section 4. IPO Accreditation to the Placement Committee. To qualify for

appointment to the Placement Committee, the indigenous peoples’
organizations must submit their accreditation papers to the Chairperson of the
NCIP, not later than seven days after the effectivity of these Rules and
Regulations, consisting of the following:
a) Organizational Profile and Record of Accomplishments in
community organizing and social development related to the protection and
recognition of ancestral domains/lands, five years prior to the IPRA;
b) Favorable endorsement from at least three different communities
in an ethnographic region or where the IPO is based, or operating; in the case
of accreditation for regional level Placement Committee, favorable
endorsement from two IP communities of the region.
c) Report on their role in support of the enactment of IPRA; and
d) Letter of Intent of the IPO to participate in the performance of the
various tasks and functions of the Placement Committee, and the nominations
of the IPO representative and alternate.
Section 5. Operational Guidelines of the Placement Committee. Within three

(3) days from receipt of the resolution of the Placement Committee, the NCIP
Chairperson shall issue an administrative order implementing the Operational
Guidelines on personnel appointment. The Operational Guidelines shall be
effective immediately.
Section 6. Incorporation of the Placement Committee’s Operational Guidelines

the Placement Committee Operational Guidelines shall be incorporated in the
Merit and Promotion Plan of the NCIP, any amendments to the Criteria and
Guidelines shall be made in coordination with the consultative body called for
this specific purpose. The recommendations of the consultative body shall be
submitted to the Commission for consideration.
Section 8. Principles in Formulating the Criteria of Appointment. The

consultative body shall apply, but not be limited to, the following principles in
the formulation of the criteria and guidelines for retention and appointment:

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a) Adoption of qualifications and standards set by the Civil

Service
Commission as the minimum set of qualifications and standards;
b) Adoption of evaluation measures to determine the
applicant’s
working knowledge on the IPRA; and
c) Actual accountability and performance records of former
ONCC/OSCC personnel who are seeking appointment.
Part III: Transition Period

Section 1. Definition of Transition Period. This term shall refer to the following
stages of reorganization leading to the establishment of the NCIP:
a) Winding up of the ONCC/OSCC This period covers six months,
beginning from the date of effectivity of the Act, on November 22, 1997, and
ending on May 22, 1998, during this period, the ONCC/OSCC shall conduct an
audit of their finances, and prepare Terminal Reports of their accomplishments
including financial audit which shall be submitted, on or before May 22, 1998,
to the offices and agencies of government listed below:
1) Office of the President
2) NCIP; and
3) Commission on Audit.
b) The NCIP main clientele, and the general public may exercise their
Rights to Accessibility and Transparency as provided in Section 45 of the Act,
to obtain all official records, documents and papers pertinent to the
financial audit and Terminal Report of the ONCC/OSCC.
c) The NCIP shall initiate a transition mechanism during the transition
period which shall consist of the following:
1) Creation of the Transition Staff composed of a skeletal force from
among the former personnel of the ONCC/OSCC, who shall be selected based
on the criteria set by the Commission. The Transition Staff shall assist the
Commission in the performance of the following tasks:
i) Preparation of the NCIP CY 1999 Budget;
ii) Inventory of the transferred assets/properties of the ONCC/OSCC
to the NCIP in accordance to Section 76 of the IPRA; and the review of all
transferred contracts, records, and documents as to their status, and
evaluation of the same for purposes of continuance, termination,
modification or amendment, pursuant to Section 76 of the Act; iii) Provision

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of staff support as the Commission may require in preparation for the full
functional operation of the new offices created under
Sections 46 to 50 of the Act; iv) Preparatory policy planning and research
activities for institutional development of the NCIP and formulation of
development programs in line with the IPRA framework;
v) Activities in response to special concerns affecting IPs as may be
brought to the attention of the Commission; and, vi) Setting up of mechanisms
of technical/financial cooperation with foreign funding agencies and Civil
Society, for the implementation of its policies, programs and projects; and vii)
Such other tasks pertinent to the implementation of the IPRA, as may be
required by the NCIP.
RULE XIII. FINAL PROVISIONS
Section 1. Special Provision. The provisions of the Act relating to the civil,
political, social and human rights and those pertaining to the identification,
delineation, recognition, and titling of ancestral lands and domains are
applicable throughout the entire country: Provided; That lands within the
Baguio Townsite Reservation shall not be reclassified except through
appropriate legislation: Provided further; That all land rights and titles acquired
or recognized in Baguio City through judicial, administrative or other processes
before the effectivity of the Act shall remain valid: Provided finally; That the
City of Baguio shall not dispossess claimants of their undocumented private
lands as guaranteed under Act No. 1963, as amended by Act No. 2711, C.A. No.
143 and R. A. No. 329.
The undocumented private lands of claimants in Baguio City may be titled in

accordance with C.A. No. 141, as amended; P. D. No. 1529; and the Act,
whichever is applicable. In case of titling pursuant to the provisions of the Act,
the procedure prescribed in Rule VIII of these rules shall apply. The Ancestral
Domains Office shall organize and operationalize a Coordinating Desk for
Baguio Ancestral Domain/Land Rights. This desk shall serve the indigenous
peoples of Baguio City to uphold and protect their rights over their ancestral
domains/lands. Its specific functions shall be, but not limited to, the following:
a) Accept the Terminal Report of the status of all Ancestral
Domains/Land Claims in the City of Baguio from the DENR-CAR, including a
final and validated list of claims and claimants and complete records of all
claims filed, processed and the actions taken thereon, if any;

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b) Within a period of one and one-half (1 1/2) years from the

effectivity of these rules, process and validate all Ancestral Domains/Land
Claims filed with the Department of Environment and Natural Resources
pursuant to the provisions of Special Order No. 31, Series of 1989, as amended,
and Department Administrative Order No. 02, Series of 1993, adopting
procedures provided in the Act; and
c) Present to a consultative body to generate a consensus on the
following matters: procedures on the disposal of all ancestral domain/land
claims; representation of the IPs in the quarterly national consultations; and
resolution of all other matters that may arise within the premises.
Section 2. Separability Clause. In case any clause, sentence, Section, or

provision of these rules and regulations or any portion hereof is held or
declared unconstitutional or invalid by a competent court, the other Sections
or provisions hereof which are not affected thereby shall continue to be full
force and effect.
Section 3. Repealing and Amending Clause. All Administrative Orders, rules and
regulations, memoranda, circulars, and other orders inconsistent herewith or
contrary to the provisions of these rules and regulations are hereby repealed or
modified accordingly. The Commission shall have the authority, among others,
to amend, revise, add to, supplement, interpret, clarify, delete, or make
exemptions to any provision of these rules and regulations with the end in view
of ensuring that the provisions of the Act are properly implemented and
enforced, and the goals and objectives adequately achieved. Section 4.
Effectivity. These rules shall take effect fifteen (15) days upon its publication in
any two newspapers of general circulation. APPROVED this 9th of June, 1998.
NCIP Administrative Order No. 1 Series of 2012
The Indigenous Knowledge Systems and Practices (IKSPs) and Customary

Laws (CLs) Research and Documentation Guidelines of 2012
I. PRELIMINARY PROVISIONS

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Section 1. Title. This Guidelines shall be known as “The Indigenous Knowledge

Systems and Practices (IKSPs) and Customary Laws (CLs) Research and
Documentation Guidelines of 2012.”
Section 2. Legal Bases. This Guidelines is hereby promulgated pursuant to

the Constitution, Republic Act No. 8371 and other pertinent and applicable
laws, international covenants, treaties and declarations.
Section 3. Policy Statement. It is the policy of the Commission to:

a. Promote, protect and recognize the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) to cultural integrity and to
prescribe protection mechanisms at the international and national government
levels and within the context of relevant customary laws;
b. Ensure and guarantee the due exercise by the concerned ICCs/IPs
of their right to allow or reject, through free and prior informed consent (FPIC),
research and documentation of their IKSPs and customary laws and their
derivatives; and
c. Regulate the use of IKSPs and customary laws, and ensure that the
ICCs/IPs benefit from the use of research output/outcome.
Section 4. Operating Principles. In the conduct of research and documentation

of IKSPs and customary laws, the following principles shall be observed:
a. Self-determination. ICCs/IPs have the right to determine and
decide their own priorities for development affecting their lives, beliefs,
institutions, spiritual well-being, and the land they own, occupy and use, and to
freely pursue their economic, social, and cultural development. ICCs/IPs shall
participate in the formulation, implementation and evaluation of policies,
plans, and programs for national, regional, and local development, which may
directly affect them. The regulation of access to community intellectual
property and other resources are based on the recognition of ownership of
these communities over their ancestral domains/lands.
b. Ownership and Custody (knowledge-holders/living masters) of

IKSPs. IKSPs are owned by the ICCs/IPs as their collective property and are an
inherent part of their cultural patrimony. Individuals or specific families
may, however, serve as
‘custodians’/holders of the IKSPs on behalf of the community in accordance
with its customary laws.

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c. IKSPs as sui generis. IKSPs belong to a class of its own and are the
collective property of the ICCs/IPs. Therefore, the author, composer, inventor,
writer, choreographer, arranger, lyricist, owner, first user, or preacher is not
one individual but all the members of the community who belong to the past,
present and future generations.
d. Free and Prior Informed Consent (FPIC). The FPIC of the ICCs/IPs to
any research activity that affects them shall be secured before any such
activity/ies may commence. This is in recognition to their intellectual
contribution in the development of knowledge, and their rights over this
knowledge and resources. Accordingly, their voluntary consent should be
based on informed opinion, which means that they should be fully informed
what the activity/research is all about, what are the resources that will be
gathered, and the aspects of benefit-sharing, among other concerns.
e. Equitable sharing of benefits. Arrangements over benefit sharing
are tied to the recognition by the State of the rights of the ICCs/IPs over their
ancestral domains, the resources therein, and the past, present and future
tangible and intangible cultural heritage including the derivatives, of their
IKSPs. The State shall ensure equitable sharing of benefits arising from the
generation and utilization of knowledge, innovations and practices of ICCs/IPs
embodying traditional lifestyles. Innovative forms and formula for
benefitsharing that are acceptable to all parties shall be developed.
Benefits need not necessarily come in monetary terms nor should it be
confined to share in the royalties or up-front payments. Non-monetary forms
of benefits should be explored. In cases where provision for technology
transfer is provided, such technology transfer shall not be limited to the level
of scientists and researchers but should primarily extend to the members of
the indigenous cultural community.
f. Protection of Community Intellectual Rights, Cultural
Resources/Treasures and Traditional Cultural Expressions. The ICCs/IPs’
community intellectual rights, cultural resources/treasures, religious, cultural
sites and ceremonies shall be recognized, respected, promoted and
protected from any adverse impact arising from the research activity. As such,
actions to identify these adverse risks and impacts must be made and fully
disclosed to the community concerned and measures for the elimination of the
occurrence of such risks and adverse impacts, or their mitigation must be put
in place. Furthermore, the ICCs/IPs shall have the sole and exclusive right to
determine the extent, content or manner of presentation of the information or
knowledge that may be published or communicated with regard to their

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religious and cultural beliefs, rituals and/or ceremonial objects and heritage
sites.
g. Diversity and Uniqueness of the Culture of ICCs/IPs. The diversity
of cultures, traditions, beliefs and aspirations, institutions, leadership and
decision making systems of ICCs/IPs shall be recognized and fostered in
openness, mutual respect and peaceful co-existence. Research must show
appreciation of the unique cultures, histories, traditions, beliefs, languages,
institutions and world views of the ICCs/IPs as sources of collective strengths,
and shall not be used to sow divisiveness, disunity or discord in society.
h. Participatory. The full participation of the ICCs/IPs, being the
culture-
bearers/owners, in all levels and stages of the research shall be required. The
nature and dynamics of participation of concerned stakeholders shall strictly
adhere to customary law.
i. Culture Sensitivity. The cultural peculiarities and specific
circumstances of particular ICCs/IPs shall be respected and given due
consideration. Research activities should focus on helping correct historical
injustices inflicted on ICCs/IPs since time immemorial and facilitate
safeguarding of their cultural and historical heritage.
Section 5. Objectives. This Guidelines is promulgated to achieve the following

objectives:
a. Promote ethical standards in the conduct and implementation of
research concerning
ICCs/IPs, their ancestral domains/lands, culture and other resources;
b. Establish a framework for the conduct, monitoring and
evaluation of researches concerning ICCs/IPs, their ancestral domains/lands,
cultural resources/treasures and traditional cultural expressions, including
mechanisms for the protection and promotion thereof;
c. Set the requirements and procedures for ensuring the free and
prior informed decision of the ICCs/IPs on any research activity affecting them,
their ancestral domains/lands, cultural resources/treasures and traditional
cultural expressions;
d. Establish a community registry and/or IP databank to safeguard
products or outcomes including derivatives, of research/documentation
activities;

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e. Institutionalize the sustainability of indigenous knowledge systems

and practices and customary laws through cultural resiliency, intergenerational
responsibility and re- indigenization;
f. Identify, recognize and appropriately register the ownership of
IKSPs by the ICCs/IPs or the IKSP holders and determine the applicability of
customary laws.
Section 6. Definition of Terms. For purposes of this Guidelines, the following

terms shall be defined:
a. Bioprospecting. It is the research, collection and utilization of
biological and genetic resources for purposes of applying the knowledge
derived therefrom solely for commercial purposes.
b. Certificate of Validation. It is the certification issued by the
authorized IP representatives evidencing that the community is satisfied with
the content, extent and manner of presentation of the information or
knowledge that may be published or communicated.
c. Community. It refers to the Indigenous Cultural Community.
d. Community Property Rights. It is the ICCs’ entitlement to the
recognition of the full ownership and control and protection of their cultural
and intellectual rights as embodied in Sec. 32 of IPRA.
e. Customary Laws. It is a body of written and/or unwritten rules,
usages, customs and practices traditionally and continually recognized,
accepted and observed by respective ICCs/IPs.
f. Indigenous Knowledge Systems and Practices. These are systems,
institutions, mechanisms, and technologies comprising a unique body of
knowledge evolved through time that embody patterns of relationships
between and among peoples and between peoples, their lands and resource
environment, including such spheres of relationships which may include
social, political, cultural, economic, religious spheres, and which are the direct
outcome of the indigenous peoples, responses to certain needs consisting of
g. IKSP research. It is the gathering and analysis of data, information
and facts, with the active and full participation of the ICCs/IPs, on the ICCs/IPs’
IKSP and/or life ways for purposes of gaining knowledge and
understanding for its advancement and enhancement, advocacy, basis for
policy, plans and programs, decision making and for the continuity and
protection of cultural integrity. It includes the four Rs; 1) Recover that from

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which is possible; 2) Reaffirm that which is relevant; 3) Readopt that which is

necessary for the culture and; 4) Recreate or regenerate that which is required
through new things.
h. IKSP or customary law documentation. It is a process or a
technique to support the IKSP or customary law research or a standalone tool
to serve as evidence to support the existence of IKSP and customary laws.
i. IKSP as Sui Generis. This means that IKSPs are “a class of its own”
and the collective property of the IC/IP community and therefore the author,
composer, inventor, writer, choreographer, arranger, lyricist, owner, first user,
or preacher is not one individual but all the members of the community who
belong to the past, present and future generations.
j. Material Benefit. It refers to any type of benefit due the IP
community and it may in the form of money, goods, or services. It also
includes royalty, shares from its commercialization, and other benefits.
k. Publication. It refers to printed documentation or reproduction of
textual graphics or visual materials in print, tri-media or any private
documentaries for public use or in any digital form published in the internet.
II. PROJECTS OR ACTIVITIES COVERED
Section 7. Scope and Coverage. This Guidelines shall cover the following
researches/documentation:
a. Community initiated or solicited researches. Research activities
solicited, commissioned or conducted by the concerned ICCs/IPs themselves to
be undertaken within or affecting the ancestral domain.
b. Academic Researches. Those conducted pursuant to a scholastic
program and/or researches required to earn a particular academic
accreditation or degree.
c. Researches in Aid of Policy. All researches conducted for the
purpose
of developing policies or programs intended for the benefit ICCs/IPs.
d. Social Researches. These are researches conducted for the
purpose of understanding the historical and cultural heritage, as well as nature,
social relations and dynamics of IP communities, and those involving their
various traditional cultural expressions.
e. Researches necessary to implement the mandates of NCIP. These
include all types of researches needed to enforce the mandates of the NCIP
including, but not limited to, those involving delineation of ancestral

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domains/lands and formulation of ADSDPPs by the NCIP or accredited entities

and individuals, conduct of FPIC process, those made in aid of legislative
proposals, and researches made in relation to its function as an advisor to the
President.
III. PROCEDURES/PROCESSES/METHODS
Section 8. Common Provisions. The procedure outlined below shall apply to all
researches and documentations, except for the category outlined in:
a. Researches and documentations in aid of delineation and titling of
AD/ALs conducted by
NCIP personnel, the IPs themselves or accredited private entities or individuals;
b. Researches and documentations in aid of ADSDPP formulation
conducted by NCIP personnel or accredited private entities or individuals.
In so far as biological and genetic prospecting and commercial research
are concerned, the pertinent provisions of NCIP Administrative Order No. 3,
Series of 2012 shall apply. Researches and documentation conducted by NCIP
personnel and IPs for the purposes of delineation and titling of ADs/ALs shall be
governed by NCIP Administrative Order NO. 4, Series of 2012. Researches and
documentations conducted by NCIP personnel and IPs in aid of ADSDPP
formulation shall be governed by the A.O No. 1, Series of 2004.
Section 8.1. Filing of Application and Payment of Fees. Researchers/project

proponents shall file with the concerned regional office the accomplished
application form and paying therein the required filing fee in the amount of
Five Hundred Pesos (P 500.00).
The accomplished application form shall be accompanied by the following:

1. Research proposal containing the following:
a. identity of the researcher
b. purpose/rationale of the research
c. methodologies or methods
d. materials to be used and data gathering instruments
e. scope and limitation of the study
f. source of fund
g. period of research and chronology of activities involved
h. a manifestation agreeing to shoulder the administrative costs
incidental to the research activities.

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2. An undertaking in good faith executed by the applicant that he/she

will abide by this Guidelines and/or other requirements.
The filing fee herein shall be reviewed every two years.
Section 8.2. Review and Evaluation of the Application. The TMSD Chief, with
the assistance of the Regional Legal Officer, shall review and evaluate the
application, attachments and other supporting documents to determine the
sufficiency thereof. If on the basis of objective evaluation, the research work
proposal is lacking in material points or there is a need to revise the same to
make it culturally appropriate, it shall be communicated and remanded to the
researcher for compliance.
Section 8.3. Grounds for Denial. The Regional Director, upon

recommendation of the TMSD Chief and the Regional Legal Officer, shall deny
the application on any of the following grounds:
a. The research involves the intrusive and actual experimentation of
human persons that will pose an imminent threat to their life and limb;
b. It involves the excavation or destruction of sacred places of worship
grounds or other culturally sensitive areas restricted by tradition;
c. Those that may violate the rights of ICCs/IPs.
Section 8.4. IKSP Team. Upon recommendation of the TMSD Chief that the
application is sufficient and meritorious, the Regional Director shall
immediately form the IKSP Team. The team shall be composed of the Provincial
Legal Officer, Community Development Officer and Tribal Affairs Assistant
having jurisdiction of the area subject of the research. The team shall facilitate
the proceedings provided in this Guidelines.
Section 8.5. Transmittal. If the application is sufficient, the Regional Director

shall send a notice of the sufficiency of the proposed research application to
the applicant and the community through their elders/leaders. Thereafter, a
meeting shall be called for the purpose of preparing a Work and Financial
Plan(WFP) by the applicant and the IKSP Team in consultation with the ICC/IP
elders/leaders. The WFP shall be signed by the applicant and approved by the
RD.

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If the application is insufficient or denied by reason of any of the grounds

provided in Section
3 hereof, it shall be returned to the applicant indicating therein the reason/s of
the denial. The applicant shall have the opportunity to re-file only once.
Section 8.6. Work and Financial Plan; Contents. The Work and Financial Plan
shall contain the following:
a. Expenses for food and transportation of the IC/IP
community elders/leaders and members who will attend meetings,
conferences and other activities identified in the succeeding sections;
b. Documentation expenses (e.g. photo and/or video, cassette
recording, reproduction of documents);
c. Other logistics costs.
The amount identified in the WFP shall be held by the applicant and to be
disbursed for the purposes for which they are intended.
Section 8.7. Conference and Disclosure. Within five (5) days from the approval
and signing of the WFP, the IKSP Team shall schedule a conference between
the community members and the applicant on a date and at a venue agreed
upon by all concerned. The conference shall be held in order to allow the
applicant to present the following:
a. The purpose/s of the research
b. Parameters
c. Methodologies
d. Materials
e. Cost and source of fund of the research
f. Related information on the intended research,
g. Benefits that the community may derive from the research activity
h. Data gathering tools
i. Research work plan
Section 8.8. Community Decision-Making. The ICCs/IPs shall be given enough

period but not more than thirty (30) days from the termination of the
conference within which to decide and issue a resolution expressing their
consent or denial, and the grounds thereof to the said research application.
In case the ICCs/IPs accept the research application, they shall, during the
decision-making process, identify the selected key informant/s, the extent of

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the information that may be disclosed to the researcher, possible restrictions

and such terms and conditions which the community may deem appropriate,
and the authorized signatory to the memorandum of agreement. Whenever
appropriate, youth and women IP leaders from the community shall be
involved in the research activities.
In case of denial by the ICCs/IPs, the IKSP Team shall submit to the RD a report
on proceedings conducted together with the resolution of denial by the
community.
Section 8.9. MOA Preparation, Negotiation and Signing. Within five (5) days
from the manifestation by the concerned ICCs/IPs of their consent to the
research application, a memorandum of agreement (MOA) shall be prepared
and negotiated by the parties. The NCIP IKSP Team shall facilitate and assisting
the drafting and negotiation of the terms and conditions of the agreement.
The terms and conditions of the MOA agreed to by all the parties shall be
written in the primary language or dialect spoken and understood by the
ICCs/IPs, and translated into English or Filipino. After final review of the MOA
by all the parties, the same shall be signed by the authorized ICC/IP
representative/s and the researcher. The concerned Regional Director shall
sign the MOA after submission by the IKSP Team of their report. A copy of the
MOA shall be furnished the Central Office through the OPPR. The MOA shall be
the basis for the issuance of the Certification Precondition by the Regional
Director.
Section 8.10. Contents of the Memorandum of Agreement. The MOA shall

stipulate, among others, the following:
a. The detailed premises of the agreement;
b. All parties involved;
c. Inclusive dates/duration of the agreement;
d. Rights and responsibilities of the parties;
e. The extent of the information that may be disclosed to the
researcher, possible restrictions and such terms and conditions which the
community may deem appropriate;
f. The benefits to be received by the community;
g. Dispute resolution mechanisms and sanctions for non-compliance
with the agreement;
h. Other terms and conditions agreed to by the parties.

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Section 8.11. Submission of Report. Within ten (10) days from the conduct of
the MOA negotiation and signing, the IKSP Team shall submit to the Regional
Director their report and recommendations, together with the resolution of
consent issued by the ICCs/IPs and the MOA signed by the parties for his/her
appropriate action.
Section 8.12. Issuance of the Certification Precondition. Within ten (10) days
from the submission by the IKSP Team of their report and favorable
recommendation, the Regional Director shall issue the Certification
Precondition.
Section 8.13. Extension of Time. In case the applicant fails to complete the
research within the period stipulated, a request for extension may be filed
through a letter addressed to the elders/leaders of the community. The grant
or denial of said motion shall be embodied in a resolution. A copy of said letter
and resolution shall be furnished the Regional Office.
Section 8.14. Output Validation. Within ten (10) days from the completion of
the research, the researcher shall present the output to the community for
validation. The IKSP Team shall facilitate the conduct of validation. The result of
the validation shall be contained in a resolution to be issued by the community
indicating therein the ICCs/IPs’ general impression on the genuineness of the
output and compliance to the MOA and research process. A Certificate of
Validation shall also be issued by the ICCs/IPs immediately after the conduct of
the validation process.
Section 8.15. Certificate of Validation. The certificate of validation refers

to the certification issued by the authorized ICC/IP representatives evidencing
that the researcher presented his/her research output to the community for
validation and that the ICCs/IPs are fully satisfied with the content, extent and
manner of presentation of the information or knowledge that may be
published or communicated.
Section 8.16. Submission of Output. A copy of the validated and approved

research output shall be submitted to the community registry, Regional Office,
Central Office, through the OPPR pursuant to Part VII of this Guidelines, and
the NCIP Central Office Library, through the OECH.

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Section 8.17. Publication. The community shall have the sole and exclusive
right to determine the extent, content or manner of presentation of the
information or knowledge that may be published or communicated if the
research output pertains to their religious, cultural beliefs, ceremonial
paraphernalia or sites. Such determination must be clearly outlined in
the memorandum of agreement or in any document appended thereto and
referred to therein.
Before a research can be published, the researcher must provide a translation

of his/her major findings and recommendations, as well as the pertinent
research documentation, to the indigenous community concerned who shall
have the right to comment and/or to correct factual data. A Certificate of
Validation shall be necessary before publication.
Section 9. Benefits. The community shall be entitled to material benefits as
royalty, user fees and other benefits as herein below provided:
a. Final research output. The researcher shall furnish the community
a
copy of the final and approved version of the research output.
b. Royalty. This fee is the share of the community from the income
derived from the use of the research output in an amount as provided in the
MOA. Royalty must be paid to the ICCs/IPs from any income derived from the
use of the research output.
c. User Fees. This fee is due from commercial users of various IKSPs
or unprotected materials that are not subject to copyright or any derivative
thereof.
d. Other benefits that redound to the benefit of the entire
community. Non-monetary forms that are acceptable to all parties should be
explored.
Section 10. Exception to the Process. Sections 8.1 to 8.17 and the above
requirement on benefits shall not apply to researches undertaken by pupils and
high school students to complete requirements for subject courses or in
finishing basic education.
Section 11. Researches and Documentations by the NCIP. For researches and
documentations necessary to implement the mandates of the NCIP, the
following procedure shall apply:

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Section 11.1. Transmittal. The letter of intent, together with the project
proposal containing the purpose, methodology, the process or procedure of
the research, shall be submitted to the IP community concerned.
Section 11.2. Conference and Disclosure. Within five (5) days from the
transmittal of the project proposal, a conference between and among
the community members and NCIP representative/s shall be called in order
to allow the latter to present the following:
a. The purpose/s
b. Parameters
c. Methodologies
d. Materials
e. Benefits that may be derived by the community from the research
activity
f. Data gathering tools
g. Research Work Plan
h. Related information on the intended research
Section 11.3. Community Decision-Making. The community shall be given
fifteen (15) days from the termination of the conference to make a decision
whether to accept or deny the proposal.
If the proposal is accepted, a resolution of acceptance shall be issued by the

community. Otherwise, a resolution of denial shall be issued by the community
stating the reasons therein.
Section 11.4. Output Validation. Immediately after the completion of the

research or documentation, the output shall be presented to the community
for validation. The IKSP Team shall facilitate the conduct of validation. The
community shall have the sole and exclusive right to determine the extent and
content of the research and the decision whether to publish or not the
research output. The result of the validation shall be contained in a resolution
to be issued by the community indicating therein the community’s general
impression on the genuineness of the output.
Section 11.5. Submission of Output. A copy of the validated and approved

research output shall be submitted to the community registry, Regional Office
and Central Office, through the OPPR, pursuant to Part VII of this Guidelines.

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IV. RESPONSIBILITIES OF THE PARTIES
Section 12. Responsibilities of the Community.

a. Establish a registry of completed research output;
b. Inform and/or orient the researchers of the cultural sensitivities of
the community (taboos, dos and don’ts);
c. Ensure that all concerned sectors in the community are properly
represented in the consensus building.
Section 13. Responsibilities of the Researcher.

a. Comply faithfully with the provisions of the MOA duly entered
into
between the parties;
b. Consider and respect cultural sensitivities of the concerned
community;
c. Observe transparency to the community in the presentation of
the
proposed research and the conduct of all activities related thereto;
d. Submit a copy of the research output to the community and the
NCIP;
e. Comply with the provisions of this Guidelines.
Section 14. Responsibilities of NCIP.
a. Ensure compliance with the provisions of this Guidelines;
b. Facilitate and coordinate the whole activities;
c. Assist the IPs in the crafting and execution of agreements;
d. Ensure protection of the rights and benefits of the IPs as regards
the
conduct of research, their degree of participation;
e. Monitor compliance of the terms and conditions of agreements
entered into;
f. Ensure that the community intellectual rights of the ICCs/IPs on
the
research output are properly respected and enforced;
g. Come up with a registry of researchers and research organizations
with complete profile for monitoring and evaluation purposes;
h. Assist the ICCs/IPs in establishing a registry of research or
documentation outputs.
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V. DISPUTE RESOLUTION/MANAGEMENT
Section 15. In case of conflict/dispute, the principle of primacy of customary

laws shall apply. In all disputes, referral to the Council of Elders/Leaders is
mandatory and the same shall be resolved in accordance with the customary
mode of dispute settlement. If unresolved, the parties can resort to the Rules
on Procedures, Pleadings and Practice before the NCIP (AC #1 series of 2003).
VI. SANCTIONS
Section 16. Failure to comply with the terms and conditions of their
agreements and violation of any of the provisions of this Guidelines shall be
subject to the following sanctions without prejudice to the filing of criminal,
civil and administrative proceedings as the case maybe.
a. Violation by the IP community shall be penalized in accordance
with
the customary law of the community;
b. Violation committed by the Researcher shall constitute a ground
for the termination of the research activity. An order of termination shall be
issued by the Regional Director after due notice and hearing;
c. Violation committed by NCIP officers or employees shall
subject him/her to administrative liability.
VII. DATA BANKING
Section 17. Establishment of a Registry of IKSP and CL. Pursuant to Section

46(b) the IPRA, the NCIP shall establish a registry of IKSP AND CL, through the
activation of the Research Center under the OPPR, which shall be the
depository of all ethnographic information, including researches and
documentations defined under this Guidelines.
In accordance therewith, any and all researches and documentations

conducted, whether published or not, initiated or solicited by the community

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themselves or by a non-member of the community shall be filed, registered

and recorded with the Community Registry and Research Center of the OPPR.
The communities shall provide copies of any and all researches and
documentations, approved by them and/or published with their consent,
pertaining to them and/or conducted within their ancestral domain, to the
appropriate NCIP Regional or Provincial Office and to the Central office, thru
the OPPR-Research Center.
The said copies shall be submitted within thirty (30) days from the validation
and approval by the community.
The community covered shall likewise maintain its own Registry of any and all
researches on
IKSP and CL conducted within and affecting their ancestral domain.
The OPPR, in coordination with LAO, shall provide the procedures and
guidelines by which these Registries shall be maintained by the community
concerned.
The OPPR shall likewise devise the guidelines regarding the use of the research
materials and/or works and materials derived therefrom, provided that the
right of the community as to the publications of said researches,
documentations, works and/or materials are respected. The intellectual
property rights of its owner and/or its author shall be of paramount
consideration in its publication and/or use by the NCIP.
Section 18. Ownership Rights. The rights to researches and documentations

whether published or unpublished, shall rightfully belong to:
a. The community, whether initiated, solicited or conducted by the
community themselves, undertaken within or affecting the ancestral domain.
b. The community and the research proponent, jointly, for
researches or documentations conducted by non-members of the community,
undertaken within and affecting the community concerned and/or its
ancestral domain.

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They shall have joint rights to all works and materials resulting from such
research, whether or not the same is published or communicated in any
medium.
In the event that the research or documentation output are sought to be

protected by the research proponent such copyright shall involve the
community concerned in the said research or documentation.
VIII. FINAL PROVISIONS
Section 19. Special Provision. Previous documentation and research outputs

shall be included in the registry of the community and the NCIP after
validating the same with the concerned ICCs/IPs.
Section 20. Saving Clause. This Guidelines will not in any manner adversely
affect the rights and benefits of the community under other conventions,
recommendations, international treaties, national laws, awards, customs and
agreements.
Section 21. Separability Clause. If any provision of this Guidelines or the
application of such provision to any circumstances is held invalid, other
provisions shall not be affected thereby.
Section 22. Effectivity. This Administrative Order shall take effect fifteen (15)
days upon its publication in a newspaper of general circulation and registration
at the UP Administrative Register, UP Law Center, Diliman, Quezon City,
Philippines.
APPROVED, this 15th day of March 2012, Quezon City.

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THE GENERAL GUIDELINES ON THE CONFIRMATION OF INDIGENOUS

POLITICAL STRUCTURES AND THE REGISTRATION OF INDIGENOUS PEOPLES’
ORGANIZATIONS
This Guidelines on the Confirmation of Indigenous Political Structures and

Registration of Indigenous Peoples’ Organizations is hereby promulgated for
the effective implementation of the provisions of the Indigenous Peoples Rights
Act or RA 8371 and for other purposes.
ARTICLE I OVERVIEW
Section 1. Title. This Administrative Order shall be known as the “General

Guidelines on the Confirmation of Indigenous Political Structures and the
Registration of Indigenous Peoples’ Organization”.
Section 2. Statutory Bases.
Article XII (National Economy and Patrimony), Section 5 of the Constitution

provides that the State, subject to the provisions of the 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 and relations in
determining the ownership and extent of ancestral domain.
Article XIII (Social Justice and Human Rights), Section 15 of the Constitution
defines People's organizations as bona fide associations of citizens with
demonstrated capacity to promote the public interest and with identifiable
leadership, membership, and structure. It further provides that the State shall
respect the role of independent people's organizations to enable the people to
pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means. Section
16 provides that the right of the people and their organizations to effective and
reasonable participation at all levels of social, political, and economic decision-
making shall not be abridged. The State shall, by law, facilitate the
establishment of adequate consultation mechanisms.

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Republic Act No. 8371 (RA 8371) otherwise known as the Indigenous Peoples
Rights Act (IPRA) of 1997 enumerates provisions on Rights to Ancestral
Domains (Chapter III), Self- Governance and Empowerment (Chapter IV), Social
Justice and Human Rights (Chapter V), and Cultural Integrity (Chapter VI) in
order to implement the promotion of the political, economic and cultural rights
of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs);
Chapter II, Sections 3 (i) of RA 8371 defines Indigenous Political Structures

(IPS) as referring to organizational and cultural leadership systems, institutions,
relationships, patterns and processes for decision-making and participation
identified and accepted by ICCs/IPs (e.g. Council of Timuays, Bodong Holders);
Chapter II, Section 3 (n) of RA 8371, on the other hand, defines people’s
organizations as private, non-profit voluntary organizations of members of
ICCs/IPs which are accepted as representatives of such ICCs/IPs.
Chapter IV, Section 16 of RA 8371 provides that 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 IPS. Section
1, Part I, Rule IV (Right to Self-Governance and Empowerment) of the Rules
and Regulations Implementing the IPRA of 1997 (IRR) provides that the
ICCs/IPs, in coordination with the Department of the Interior and Local
Government, shall formulate measures to ensure the following: (a) the
sociopolitical structures, systems and institutions of ICCs/IPs are strengthened;
(b) the indigenous structures, systems, and institutions are not supplanted
by other forms of non-indigenous governance; and/or (c) mechanisms that
allow the interfacing of indigenous systems of governance with the national
systems are established.
Section 3. Operating Principles. The following fundamental principles in the

implementation of this Guidelines shall be recognized:
a) Self-governance and Self-determination. The inherent right of
ICCs/IPs to self- governance and self-determination includes the right to pursue
their economic, social, and cultural development; promote and protect the
integrity of their values, practices and institutions; determine, use and control
their own organizational and community leadership systems, institutions,
relationships, patterns and processes for decision-making and participation;

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b) Secure Collective Rights to Domain/Land. The deeply rooted

spiritual and cultural bonds of ICCs/IPs to the ancestral domains/lands which
they possess, occupy and use as basic to their existence and to all their beliefs,
customs, traditions and culture;
c) Authentic Indigenous Political Leadership. The authentic
indigenous political leadership emerging from the dynamics of customary laws
and practices in the maintenance and development of their own indigenous
governance and decision-making institutions;
d) Development with Identity. The pursuit of ICCs/IPs to their
collective identity in their economic, social and cultural development through
their Ancestral Domain Sustainable Development and Protection Plans
(ADSDPP). It also embraces preservation of cultural values and institutions;
control over their own development; and genuine consultation on all issues,
programs and projects that will affect them;
e) Sustainable Development. The ICCs/IPs, through their IPS,
occupying their ancestral domain shall preserve, restore, and maintain a
balanced ecology in the ancestral domain by protecting the flora and fauna,
watershed areas, and other reserves and to actively initiate, undertake and
participate in the reforestation of denuded areas and other development
programs and projects subject to just and reasonable remuneration;
f) Establishment of Indigenous Peoples Organizations (IPO). The
IPS shall establish IPOs which shall have legal capacity to assist the ICCs/IPs in
ensuring their collective rights to their ancestral domains and to strengthen
their political, economic and social systems or institutions. IPOs registered
under this Guidelines and other government registering or accrediting
agencies/institutions such as the Local Government Units (LGU), Cooperative
Development Authority, and the Securities and Exchange Commission shall be
subject to verification, validation, registration or confirmation as the case may
be;
g) Interfacing. The interfacing of indigenous systems of governance
to the mainstream legal system to effectively carry out the ICCs/IPs’ collective
right to self-governance and self - determination;
h) Empowerment of Women. It shall be mandatory for the IPS and
the IPO to develop appropriate programs and projects to respond to gender
issues and concerns as these relate to the full realization and protection of
women’s rights for maximum participation in community and nation-building.
The IPS shall provide appropriate and full support to women’s
groups/organizations to conduct research and document IP women’s

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traditional roles in marriage, family, community, political and economic life to

determine gender issues and concerns among ICCs/IPs.
Section 4. Establishment of Indigenous Peoples Organizations. The IPS shall

create and establish IPOs as defined under the IPRA, which IPO must be
registered.
Section 5. Coverage. This Guidelines shall cover all ICCs/IPs in ancestral

domains and lands; and ICCs/IPs resettled outside their ancestral domains.
ARTICLE II DEFINITION OF TERMS
Section 6. In addition to the definition of terms in the IPRA and its IRR, the
following terms, as used in this Guidelines, are defined as follows:
a. Indigenous Political Structures. It refers to organizational and
cultural leadership systems, institutions, relationships, patterns and processes
for decision-making and participation, identified and accepted by ICCs/IPs. The
IPS shall be recognized as the highest governing body with the IPO as its
technical arm;
b. Indigenous Elder/Leader- Indigenous elders/leaders emerge from
the dynamics of customary laws and practices; they evolve from a lifestyle of
conscious assertion and practice of traditional values and beliefs. Hence, they
are recognized authority on conflict resolution and peace-building processes,
on spiritual practices, rituals and ceremonials and by doing so; they possess the
attributes of wisdom and integrity. They lead and assist the community in
decision-making processes aimed at protecting and promoting the sustainable
development of their ancestral domains;
c. Registration. It is the operative act of granting juridical personality
to members of ICCs/IPs who organized themselves as independent IPOs which
is accepted as their representative as evidenced by a Certificate of
Registration
(CoR);
d. Resettled ICCs/IPs. It refers to ICCs/IPs living outside their
ancestral domain areas by reason of internal displacement due to armed
conflict, violence, extreme natural disasters or government projects (e.g hydro-
electric dams);

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ARTICLE III POWERS, DUTIES AND FUNCTIONS OF THE INDIGENOUS

POLITICAL STRUCTURES
Section 7. Powers, Duties and Functions of the Indigenous Political Structures.

The ICCs/IPs through the elders/leaders of the IPS shall have these powers,
duties and functions as enumerated in the IPRA, but not limited to the
following:
1. To formulate and implement systems for the sustainable use,
protection and conservation of the flora and fauna, watershed areas, sacred
places and all other objects of ritual and ecological importance in accordance
with their indigenous knowledge systems and practices (IKSPs), customary laws
and traditions, and duly adopted ADSDPP, if any;
2. To revitalize and strengthen ICCs/IPs own institutions, systems
and standards for protecting their natural resources, taking into
consideration the national minimum standards. For this purpose, the ICCs/IPs
may be authorized by the appropriate government agency to exercise
powers to prevent, apprehend and prosecute all persons violating
environmental and natural resources laws within ancestral domains in
accordance with Chapter XI, Section 72 of the IPRA;
3. To regulate activities that may adversely affect the ICCs/IPs’
airspace, bodies of water and lands. Any violation of environmental laws
adversely affecting the integrity of the ecological systems in ancestral domains
shall be sanctioned according to customary laws of the ICCs/IPs concerned;
4. To help negotiate the terms and conditions for the exploration of
natural resources in the areas for the purpose of ensuring ecological,
environmental protection and conservation measures, pursuant to national
and customary laws;
5. To uphold the Free and Prior Informed Consent (FPIC) process
relative to all activities involving the utilization, extraction or development of
natural resources;
6. To assist the community to seek redress and or compensation for
any loss, injury or damage caused to its culture and the ancestral domain;
7. To assist the community to source out, manage, disburse or use
any funds, appropriations or donations from any legal entity, for the

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development of the domain/land and to ensure individual and collective

accountability and responsibility for such funds, appropriations or donations;
8. To assist the community in filing the petition for, and lead the
community in, the delineation and identification of ancestral domains in
accordance with the Principle of Self Delineation rights by virtue of Native Title;
9. To assist the community in working for the de-establishment of
reservations made by executive fiat or law overlapping ancestral
domains/lands, or parts thereof;
10. To resolve all conflicts emanating from violations of all customs
and traditions of the community;
11. To cause the formulation of programs and projects on the role of
women based on a gender analysis framework to strengthen and promote
participation of indigenous women in decision-making processes on
sustainable resource management;
12. To provide testimony or other evidence of marriage in accordance
with customary law for purposes of registration with the Local Civil Registry;
13. To ensure their domains as special zones of peace and life, and
advocate recognition and respect thereof;
14. To nominate traditional leaders or elders as representatives to the
Consultative Body, which must include women and youth, IPO and Non-
Government Organization representative;
15. To convene the ICCs/IPs and in accordance with local processes
to lead the selection of the IP mandatory representatives in all policy making
bodies and in local legislative councils,
16. To convene the ICCs/IPs and select IP representatives to all
government bodies such as but not limited to the National Anti-Poverty
Commission-IP Sectoral Council, National Commission on Culture and the Arts,
Department of Agrarian Reform, LGUs, Regional Development Councils and
other local and international policy-making and special bodies;
17. To develop programs and projects in the practice and
revitalization of their own cultural traditions and customs;
18. To regulate entry of migrants and other entities in accordance
with their consensus- building processes, community practices, customs and
traditions and upon the free, prior and informed consent of the community
members;
19. The power to authenticate indigenous leadership titles and
certificates of membership. All Certificates of Tribal Membership previously
issued under Executive Order No. 122-B and 122-C as amended, shall be

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validated by the IPS in accordance with their own processes, and if found to
be valid, shall be endorsed to the National Commission on Indigenous Peoples
(NCIP) for confirmation and recording purposes;
20. Other traditional roles or functions analogous to the foregoing.
Section 8. Powers and Duties of the Indigenous Peoples’ Organization. In

accordance with Section 7 of this Guidelines, the IPS shall determine and define
the functions of the IPOs.
ARTICLE IV
PROCESS OF CONFIRMATION OF IPS AND REGISTRATION OF IPOs
Section 9. Confirmation of Indigenous Political Structures. All existing IPS as

defined under Section 6 (a) of this Guidelines maybe confirmed, as an
affirmative action, by the Commission.
Section 10. Confirmation, How Initiated. The confirmation maybe through the
initiative of the concerned Commissioner, the Regional Office or the concerned
IPS. In the two former cases, it shall be based on data provided by the
ADSDPP, Certificate of Ancestral Domain Title/Certificate of Ancestral Land
Title (CADT/CALT), FPIC, Certificates of Confirmation(COC) of Tribal
Membership and other valid sources of information or based on the process
of verification and validation provided in Section 16 hereof.
If the request for Confirmation by the Commission is upon the initiative of the
Regional Office, the same shall be endorsed by Regional Director (RD) with the
concurrence of the Commissioner from the Ethnographic Region. The
endorsement must include all pertinent data and information related thereto.
Section 11. The affirmative action shall be in the form of an En Banc Resolution
and the consequent COC to be signed by the Chairperson. A record of the
same shall be maintained and periodically updated by the Office on
Empowerment and Human Rights (OEHR).
Section 12. The following documents shall be required for the processing of
the Confirmation of IPS:
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1. A Genealogical Survey;
2. Written accounts not limited to customs and traditions including
the interfaced customary practices on the following:
2.a Social organization- a profile of the IPS including information
on traditional and emerging elders/leaders; norms and social
stratification based on access to prestige and power; succession
(birthright); the leadership structure including the roles and functions of
the elders/leaders of the IPS;
2.b Basic social processes:
2.b.1. Dispute resolution and conflict management;
2.b.2. Consensus-building and decision-making processes towards
cooperation, unity and harmony;
2.b.3. Mutual help and defense systems;
2.b.4. Specialized functions in relation to observance of rituals.
2.c Access to resources:
2.c.1. Applicable community imperatives in accordance with
customary law as well as on the access and benefit-sharing
agreements/wealth management on resources;
2.c.2. Monitoring and evaluation as well as indicators on
sustainable development of resources;
2.c.3. Role of women in the sustainable development of the
domain.
3. Written and verified oral accounts of customs and traditions on
governance system and how these have responded to the changing
sociopolitical order; and
4. Other relevant anthropological/historical data.
Section 13. Application for Confirmation by the IPS and IPO Registration. The
following shall be the processes for confirmation and registration:
a. General requirement. The application for confirmation initiated by
the IPS itself shall be filed by the elders/leaders with the nearest NCIP
Provincial Office (PO) or the Community Service Center (CSC) in the absence of
a Provincial Office, supported by the requirements provided in Section 12
hereof.
In the case of registration of IPOs, it shall be filed by the IPS or the IPO
under its direction with the nearest NCIP PO or CSC;

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b. ICCs/IPs with existing IPOs prior to this Guidelines. Notices shall

be issued by the concerned NCIP Regional Office for them to comply with the
requirements of this Guidelines;
c. ICCs/IPs living outside their ancestral domain areas. IPOs may be
organized outside ancestral domains and can register with the NCIP after
compliance with the requirements provided in this Guidelines.
Section 14. Registration Requirements for IPOs. To be officially recognized,

the IPS or the IPO under its direction shall apply for registration with the NCIP
and shall submit the following:
1. Resolution stating to the effect that they are affirming that the
applicant being registered is their duly organized IPO, which Resolution must
contain the following information:
1.a Purposes and goal of the IPO in relation to the collective
aspiration of ICCs/IPs;
1.b Target beneficiaries;
1.c Roles and functions of IPO and IPS as far as coordination on
working relations;
1.d Location and area of operations;
1.e Targeted major programs, activities and projects of the IPO.
2. Duly accomplished NCIP Application Form for registration signed
by the duly authorized representative of the IPS;
3. Profile indicating the qualifications of the IPO leader/Chairperson
which includes, but not limited to, the following;
3.a Proof of Tribal Membership;
3.b Proof of actual residence in the domain/land for at least
five (5) years immediately preceding his/her selection;
3.c Resolution/affirmation by the ICCs/IPs endorsing that
he/she is a practitioner/advocate of the customs and traditions; and
narrative of his/her advocacy and struggle on IP rights;
3.d Public knowledge of skills/expertise necessary to carry out
the objectives of the IPO.
4. Written internal rules prescribing regulations binding the officer
and members in accordance with the objectives of the IPO;
5. Grounds for voluntary dissolution of the IPO which are not limited
to the following:

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5.a If it fails to adopt its written internal rules by resolution

within 30 days from filing of its application as provided in this
Guidelines;
5.b Filing by the IPO, with the consent of the IPS, a petition with
the NCIP to shorten its term;
6. Complaints mechanism and/or grievance procedure;
7. List of officers/leaders and members;
8. Latest Audited Financial Statement;
9. Other relevant requirements at the discretion of the NCIP
Community Service Center (CSC) Head/Provincial Officer (PO)/Regional
Director (RD)/Commissioner of the Ethnographic Region.
Section 15. Where to file Application. Filing of the application registration shall
be made with nearest Provincial Office or Community Service Center in the
absence of a Provincial Office. The authorized representative shall submit three
(3) complete and duly accomplished sets, one (1) original and two (2) duplicate
copies. Copies of the application shall be for the applicant IPs, the concerned
CSC, and the OEHR for database and monitoring.
Section 16. Verification and Validation. The verification and validation shall be
conducted in the following manner:
1. The application for confirmation of IPS and/or registration of IPO
shall be submitted to the PO or CSC, which shall immediately furnish a copy to
the Regional Office. It shall conduct an evaluation of all submitted
requirements within ten (10) days upon receipt of the application. The
evaluation is to be conducted by gathering secondary data, interviews or other
means with the applicant leaders/elders of the IPS and other key informants.
The evaluation shall serve as basis for an assessment of the authenticity of the
application and/or for requesting additional requirements and other relevant
information to be provided by the applicant. If assessed to be authentic, the
applicant, upon receipt of the assessment shall, with the assistance of NCIP,
complete all relevant information. If found to be dubious or fraudulent, the
NCIP shall deny the application and give notice with an explanation of the basis
to the applicant.
2. If necessary, the evaluation shall be followed by the conduct of
fieldbased verification by the Verification and Validation Team (VVT), which
shall be constituted by the Provincial Office or CSC Head. The
verification/validation shall be undertaken within fifteen (15) days;

154
3. After the evaluation or field verification and validation, the VVT

shall submit its report with recommendations, if any, to the PO or CSC Head,
copy furnished the applicant. If satisfied, the PO or CSC Head shall make
his/her endorsement to the RD, through the Chief, Technical Management
Services Division, copy furnished the Commissioner from the Ethnographic
Region, for review and appropriate action. If after reviewing the report and the
RD finds the same incomplete, he/she shall return the same to the PO or CSC
Head, as the case may be, for completion. If he/she finds the application
fraudulent, he/she shall endorse the same to the Regional Attorney for
investigation and recommendation.
4. In the case of the Registration of IPOs, the RD shall review the
report and if he/she finds the same to be meritorious, a COR shall be issued to
the applicant IPO and copies furnished to the Commission through the OEHR;
5. In the case of an application of an IPS for Confirmation, the RD
shall review the report and after finding the same to be meritorious, with the
concurrence of the Commissioner from the Ethnographic Region, he/she shall
endorse the same to the NCIP, through the OEHR, for appropriate action.
Section 17. Issuance and Release of En Banc Resolution and Certificate of
Confirmation. The En Banc Resolution and Certificate of Confirmation shall be
issued, through the OEHR, to the applicant IPS and copies thereof be furnished
to the concerned offices.
Section 18. Renewal of Registration. The IPO registration shall be renewable

every after two (2) years.
ARTICLE V
EFFECT OF IPO REGISTRATION
Section 19. The registration of the IPO with the NCIP confers to it a juridical
personality to represent the ICCs/IPs in pursuing and securing their collective
rights over their ancestral domains.
ARTICLE VI
SUSPENSION AND REVOCATION OF THE IPO REGISTRATION

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Section 20. Suspension and Revocation of IPO Registration. In addition to

grounds as provided in the IPO internal rules and grounds for voluntary
dissolution, the Regional Office, upon recommendation of the IPS, may
suspend or revoke the CoR of any IPO, after due investigation, based on the
following grounds:
1. Unauthorized negotiation with natural or juridical persons relative
to land development, resource use, harvest and exploitation of natural
resources;
2. Misrepresentation and entering into agreement or compromise
with investors without community consultation;
3. Accepting bribes such as project contracts, gifts, or donations in
exchange of favors;
4. Loss of trust and confidence of the members of the community;
5. Violation of customary processes and community collective
decisionmaking;
6. Misuse of a right or condition for its creation conferred by the IPS
or as provided by its internal rules, violation of a right of the community, or
commission of acts against customary laws;
7. When the continuance of the IPO will not work to the best interest
of the ICCs/IPs on the basis of findings and recommendations of the conflict
mechanism system under the IPS;
8. When the IPO is guilty of fraud which violates the collective
interest of the community;
9. Refusal or defiance of the IPO to comply with an order of the IPS
restraining its commission of acts which will amount to grave violation of
interests of the community;
10. When it has offended against a provision or condition provided by
the IPS for its creation;
11. Violation of community protocols as provided in the ADSDPP; 12.
Failure to submit annual financial statements to the IPS and NCIP;
13. Other analogous grounds.
Section 21. Effect of Suspension and Revocation. During the period of

suspension, the IPO shall not have any personality to engage in any transaction
until the suspension is lifted. In case of revocation, the IPO shall not have any
personality to engage in any transaction as such, but shall wind up its affairs in
accordance with existing laws. In both cases, failure of the IPO to clear itself of
any obligation, its officers shall be subject to appropriate legal action.

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Section 22. Subject to the consent of the IPS and in accordance with the
internal rules of the IPO, if the IPO voluntarily dissolves itself and funds were
used/disbursed by the IPO, a personal oath administered by the NCIP stating
that they shall personally answer for any outstanding obligation shall be
undertaken. The oath shall be submitted to the NCIP and to the IPS. Further,
the IPO shall also submit the latest audited financial statement before they
take their oath.
ARTICLE VII COMPLAINTS MECHANISM.
Section 23. Complaints against the IPO or any of its representatives shall be
resolved in accordance with traditional conflict mechanism systems. If
customary mechanisms are exhausted and the conflict/dispute remains
unresolved, the aggrieved party may elevate the same to the NCIP.
ARTICLE VIII
ROLE OF THE NCIP PROVINCIAL, REGIONAL AND CENTRAL OFFICE
Section 24. Revitalization and Strengthening of IPS. The NCIP, in its programs
such as the delineation and titling of ancestral domains and the formulation of
ADSDPP, FPIC and the Exercise of Priority Rights and other processes, shall
prioritize the revitalization or strengthening of the IPS. If the IPS decides to
establish the IPOs, the NCIP Regional Office/Provincial Office/CSC shall assist
the ICCs/IPs to enable them to comply with the requirements as provided in
this Guidelines for the filing of the petition for confirmation and/or registration.
Section 25. Database. The NCIP, through the Regional Offices, OEHR and Office
on Policy, Planning and Research, shall establish their own mechanics of
creating a national database for IPS and registered IPOs. It shall also ensure an
effective tracking, releasing, controlling and filing of data at the Central Office.
Section 26. Training and Technical Assistance. The NCIP shall conduct or
facilitate training for its staff who will form part of the VVT as well as provide
technical assistance for the empowerment of the IPOs. The Regional Offices
shall include this program in their annual work and financial plans.

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ARTICLE IX MONITORING AND EVALUATION
Section 27. Monitoring and Evaluation Mechanisms. The OEHR and the
Regional Offices shall closely coordinate to establish a quarterly monitoring and
evaluation mechanism for the implementation and enhancement of this
Guidelines. The Regional, Provincial Offices and CSC shall document, through
conduct of meetings and workshops, the process flow of verification and
validation. They shall maintain databases and logbooks of all applications
received, endorsed and approved including documentation and recording of
interviews, questions asked and responses made by the interviewees. All this
information shall be submitted semi-annually to the OEHR every year
commencing six (6) months from the effectivity of this Guidelines.
ARTICLE X FINAL PROVISIONS
Section 28. Funding. The NCIP shall appropriate funds to sustain the operations
and effective implementation of this Guidelines.
Section 29. Separability Clause. In case any clause, sentence, section or

provision of this Guidelines or any portion hereof is declared unconstitutional
or invalid by a competent court, the other sections or provisions hereof which
are not affected by such issuance shall continue to be in full force and effect.
days after its last publication in a newspaper of general circulation or
registration in the Office of the National Administrative Registrar, U.P. Law
Center, Diliman, Quezon City, Philippines.
APPROVED this 15th day of March, 2012 at Quezon City, Philippines.

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THE REVISED GUIDELINES ON FREE AND PRIOR INFORMED CONSENT (FPIC)

AND RELATED PROCESSES OF 2012
Pursuant to Sections 44 (m), 46(a), 57, 58, 59, and 7 of R.A. 8371, otherwise
known as the Indigenous Peoples Rights Act of 1997, and other related
provisions, the following guidelines are hereby promulgated in lieu of
NCIP Administrative Order No. 01, Series of 2006, as follows:
PART I PRELIMINARY PROVISIONS
Section 1. Title. This Guidelines shall be known as “The Revised Guidelines on

the Exercise of Free and Prior Informed Consent (FPIC) and Related Processes”.
Section 2. Objectives.
a. Ensure genuine exercise by Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) of their right to Free and Prior
Informed Consent (FPIC), whenever applicable;
b. Protect the rights of ICCs/IPs in the introduction and
implementation of plans, programs, projects, activities and other undertakings
that will affect them and their ancestral domains to ensure their economic,
social and cultural well-being;
c. Provide, and ensure compliance with the procedure and the
standards in the conduct of Field-Based Investigation (FBI) and FPIC process,
payment of fees, compensation for damages, execution of Memorandum of
Agreements, observance of corporate social responsibility; and imposition of
sanctions for the commission of prohibited acts and omissions as hereinafter
provided;
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d. Ensure just and equitable partnership in environmental

management, land use, development and resource use within ancestral
domains as well as benefit sharing, between and among the concerned
ICCs/IPs and the prospective investor, government agency, local government
unit (LGU), non- government organization (NGO) and other entities desiring to
engage or collaborate in such undertaking;
e. Ensure that when priority right to development and utilization of
natural resources is validly exercised by the ICCs/IPs, the same shall be
validated in accordance with the spirit and principles of FPIC;
f. Ensure that any benefit derived after the grant of FPIC or as an
exercise of priority rights shall be managed and used properly by, for and with
the concerned community not forgetting inter-generational obligations; and
g. Guarantee protection of resettled/displaced ICCs/IPs.
Section 3. Declaration of Policy.

a) The FPIC actualizes and strengthens the exercise by ICCs/IPs of
their rights to Ancestral Domains, Social Justice and Human Rights, Self-
Governance and Empowerment, and Cultural Integrity;
b) The right of ICCs/IPs to the management, development, use and
utilization of their land and resources within their own ancestral domains shall
be given utmost regard;
c) No concession, license, permit or lease, production-sharing
agreement, or other undertakings affecting ancestral domains shall be granted
or renewed without going through the process laid down by law and
this Guidelines. (a3)
Section 4. Operating Principles. In the implementation of this Guidelines, the

following operating principles shall be observed:
a. Empowerment. The ICCs/IPs shall freely pursue their economic,
social and cultural development through their participation in decision-making,
determination of priorities, as well as the practice of their justice system and
peace-building processes.
b. Consensus-Building and Decision-Making Process. The ICC/IPs
shall participate in the decision-making processes primarily through their
indigenous socio-political structures. They shall likewise affirm the
decisions of their duly authorized representatives.

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c. Peace-Building. The decision-making of the ICCs/IPs in the conduct

of the FPIC is a measure to promote peace, harmony, understanding, unity and
security.
d. Cultural Integrity. In the implementation or operation of plans,
programs, projects or activities in Ancestral Domains, due regard must be given
not only to the physical environment but the total environment including the
spiritual and cultural bonds to the areas.
e. Inter-generational Responsibility. The indigenous concept of
ownership sustains the view that ancestral domains are considered
community property which belong to all generations and therefore cannot be
sold, disposed or destroyed. The ICCs/IPs shall have priority rights to manage
and pursue sustainable and responsible development plans, programs, projects
or activities within their ancestral domain.
f. Primacy of Customary Law. In the conduct of FBI, FPIC, and other
processes provided under this Guidelines, including but not limited to dispute
resolutions in relation thereto, the primacy of customary law and
decisionmaking processes as determined by the ICCs/IPs shall be observed and
adhered to.
g. Transparency and Clarity. The processes under this Guidelines
shall be transparent to all stakeholders. The applicant shall make a full and
accurate disclosure of information concerning the proposed program, project
or activity in a manner that is both accessible and understandable to the
concerned community.
h. Existing Property Regimes. Existing and/or vested rights shall
continue to be recognized pursuant to Section 56 of R.A 8371 and its
Implementing Rules and Regulations.
i. Ancestral Domain as a Single Unit. An Ancestral Domain shall be
recognized and treated as one or undivided unit.
Section 5. Definition of Terms. In addition to the terms defined under IPRA and
its IRR, the following are defined thus:
a. Ancestral Domain Sustainable Development & Protection
Plan (ADSDPP). Refers to the consolidation of the plans of ICCs/IPs within an
ancestral domain for the sustainable management and development of their
land and natural resources as well as the development of human and cultural
resources based on their indigenous knowledge systems and practices.
b. Area Affected. It refers to area/s in the ancestral domain which
will be overlapped or affected by the proposed plan, program, project or

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activity, including areas that will sustain effects or impact to be determined by

the FBI Team.
c. Bio-prospecting. The research, collection, and utilization of
biological and genetic resources and substances, with the view of applying the
knowledge derived therefrom for medicinal, commercial and other purposes.
d. Certificate of Non-Overlap (CNO). It refers to the Certificate
issued by the NCIP attesting to the fact that the area where the particular plan,
program, project or activity will be done does not overlap with, or affect, any
ancestral domain.
e. Certification Precondition (CP). It refers to the Certificate issued
by the NCIP, signed by the Chairperson, attesting to the grant of FPIC by the
concerned ICCs/IPs after appropriate compliance with the requirements
provided for in this Guidelines.
f. Consensus-Building. It refers to that part of the decision-making
process undertaken by the ICCs/IPs through their indigenous sociopolitical
structures and practices in arriving at a collective/communal decision.
g. Environment Impact Statement (EIS). It is the document which
aims to identify, predict interpret, and communicate information regarding
changes in environmental quality associated with a proposed project and
which examines the range of alternatives for the objectives of the proposal and
their impact on the environment.
h. Extractive or Large Scale Activities. These refer to the
activities enumerated in Sec. 19 of this Guidelines.
i. Field-Based Investigation (FBI). It refers to the ground
investigation undertaken to determine whether or not the plan, program,
project or activity overlaps with, or affects, an ancestral domain, the extent of
the affected area, and the ICCs/IPs whose FPIC is to be obtained.
j. Indigenous elder/leader. An indigenous elder/leader emerges
from the dynamics of customary laws and practices; they evolve from a
lifestyle of conscious assertion and practice of traditional values and beliefs.
They are recognized as authority in conflict resolution and peace-building
processes, on spiritual rites and ceremonies and in doing so, possess the
attributes of wisdom and integrity. They lead and assist the community in
decision- making processes towards the protection and promotion of their
rights and the sustainable development of their ancestral domains.
k. Independent Expert. Refers to a person specializing in related
field whose education and/or experience can be a source of invaluable
information pertaining to a particular issue and who is expected to give an

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objective information or opinion, that will help the ICCs/IPs to reach a sensible,
intelligent and well-informed decision.
l. Non-Extractive and/or Small Scale Activities. These are the
activities enumerated in Section 24 of this Guidelines.
m. Resolution of Consent. It refers to the written resolution adopted
by the affected ICCs/IPs by themselves or through their duly
authorized elders/leaders expressing their acceptance of the plan, program,
project or activity.
n. Resolution of Non-Consent. It refers to the written resolution
adopted by the affected ICCs/IPs by themselves or through their duly
authorized elders/leaders expressing their non-acceptance of the plan,
program, project or activity and the reasons therefor.
PART II PRELIMINARY ACTIVITIES
Section 6. Application for Issuance of Certification Precondition. The

application for CP shall be endorsed by the appropriate regulatory agency or
unit of government to the NCIP Regional Office that has jurisdiction over the
area where the plan, project, program or activity is sought to be undertaken,
provided however, that for plans, programs, projects or activities affecting
ancestral domains that do not require a permit, license or agreement from
any government agency/instrumentality, the application shall be filed
directly with the same NCIP Regional Office having jurisdiction over the
area.
In case the project is within two (2) or more regions, the endorsement or
application shall be transmitted to the Director of the Ancestral Domains Office
(ADO) who shall decide which Regional Office shall take the lead in
facilitating the appropriate and applicable process taking into consideration the
extent of the effect and the size of the areas that will be affected. (a7)
No two (2) or more applications of similar subject shall be simultaneously

entertained at any given time covering the same area while an application is
being processed therein, neither shall another be given due course while a
previous application is being processed.

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Section 7. Documents Required to Accompany Application. The applicant shall

submit a company and project profile which shall include: the nature and
purpose of the project; location with an indicative map showing the names of
sitios and/or barangays that will be affected; Abstract of proposed project
describing the size, pace, reversibility and scope; duration; preliminary
assessment of the likely economic, social, cultural and environmental effects,
including potential risks and how these will be addressed; Indicative budget;
Persons to be involved in implementation; Operational Plan and activities; and
the Profile of the applicant.
The ADO, in consultation with field offices, shall craft the standard and
appropriate checklist for the above purpose.
At any time, the FBI/FPIC Team may require additional but pertinent
document/s from the applicant, e.g EIS from the DENR, if available.
Section 8. Constitution and Composition of the FBI Team. The FBI Team shall
be constituted, by the Regional Director, by way of Memorandum, within ten
(10) days from approval of this Guidelines, to be composed of the following:
1) The Community Development Officer (CDO), as Team Leader;
2) The FBI Provincial Focal Person;
3) One (1) from the Community Service Center (CSC); and
4) Two (2) IP elders/leaders identified by the CSC
The composition of the team may be revised or enhanced upon the agreement
of the FBI team as the need arises in order to cope with existing work
conditions or circumstances, with the approval of the Regional Director.
For CSCs in provinces without provincial offices, the Regional Director

concerned shall designate the leader and members of the FBI Team which shall
be headed by the CDO and other personnel from the CSC and may be
augmented by personnel of the Regional Office and/or from the nearest
Provincial Office.
Section 9. Duties and Functions of the FBI Team. The duties and functions of
the FBI team are:
1. Consult with the AD representatives if applicable;

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2. Conduct the pre-FBI Conference and along with the proponent,

prepare the WFP for the FBI;
3. Undertake the FBI to determine the particular area that will be
affected, including the projection of the indorsed technical
description/geographic coordinates in the AD, the probable effects of the
plan, program, project or activity, and the number of ICCs/IPs that will be
affected,
4. Identify the elders/leaders and determine presence
of
disputes/conflict with adjacent ancestral domain/s;
5. Prepare, under oath, and submit a report with recommendations
to the Regional Director;
6. Liquidate all funds handled in accordance with standard
accounting and auditing rules and regulations; and
7. Perform such other functions as may be directed by higher
authorities. In consultation with field offices, The ADO shall craft the
appropriate form/s, for the guidance of the FBI Team in the performance of its
functions.
Section 10. Pre-FBI Conference; Matters to be Taken. The following matters

shall be discussed, taken up and/or acted upon during the Pre-FBI
Conference:
a. Orientation on the requirements of the FBI process;
b. The identity and other basic information about the applicant;
c. Detailed project profile;
d. Work and Financial Plan; and
e. Other important matters that may be agreed upon.
Section 11. Non-appearance at Pre-FBI/Pre-FPIC Conference and Non- payment

of FBI/FPIC Fee. Should the applicant fail to appear in the Pre-FBI or Pre- FPIC
conference, the Provincial Officer or the CSC Head, as the case may be, shall
schedule another conference with notice to, and at the expense of, the
applicant. If on the second schedule, the applicant still fails to appear, the
Provincial Officer or the CSC Head shall immediately inform the Regional
Director of such failure.
Upon receipt of the information or report, the Regional Director shall order the
suspension of the process with notice to the applicant. The order shall also

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direct the applicant to show cause, within a non-extendible period of ten (10)
days from receipt, why the application should not be deemed abandoned for
lack or loss of interest. If after the lapse of ten (10) days from receipt of the
Order, as evidenced by a proof of receipt, and without justifiable reason
formally communicated to the Regional Director, the latter shall declare the
application cancelled and shall return the application to the endorsing
regulatory agency or the applicant, as the case may be. Thereafter, other
applications, if any, may be given due course.
Failure on the part of the applicant to pay the FBI/FPIC fee or comply with the
requirements as agreed upon during the Pre-FBI/Pre-FPIC conference/s shall
likewise result in suspension or cancellation as provided in the preceding
paragraph.
Section 12. Work and Financial Plan (WFP) for FBI/FPIC. The WFP shall be
agreed upon by the applicant, the concerned ICCs/IP representatives, and
NCIP during the Pre-FBI/Pre-FPIC Conference. It shall include, among others,
the estimated cost of: (a) Food and snacks, lodging and transportation
expenses of those who will be actually involved in the FBI process; (b)
Documenting the FBI activities i.e. photo and/or video, cassette recording and
development, reproduction of documents; and (c) Others as may be agreed
by all the parties during the Pre-FBI/Pre-FPIC conference.
The computation of expenses or costs must be based on rates applicable in the

particular area where the FBI/FPIC is to be undertaken.
No subsequent cash advance by the person authorized to do so in behalf of the

team shall be allowed unless the previous one is fully liquidated
The FBI/FPIC Fee remitted or paid by the proponent or applicant shall be

deposited in a Trust Account to be established for the purpose by the Regional
Office. Cash advances and withdrawals therefrom, and the utilization and
liquidation of such advances and withdrawals shall be in accordance with the
appropriate memorandum circular to be issued by the Director of the Finance
and Administration Office.
Section 13. Commencement and Conduct of the FBI. The Team shall
commence the FBI within ten (10) days from date of deposit/payment of the

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FBI fee and must be completed within ten (10) working days from actual
commencement except when delayed by reason of fortuitous event or force
majeure.
The FBI Team shall submit its report in accordance with Section 9 of this
Guidelines. Should it be apparent from the report that an AD shall be affected
by the proposed project, the RD shall immediately mobilize the FPIC team,
otherwise, a CNO shall be issued pursuant to Section 15 of this Guidelines.
Section 14. Contents of the Field-Based Investigation Report. The FBI report
must contain a narrative of what transpired during the ground or field
investigation; findings and recommendations; and the pertinent attachments,
in a standard pro forma form to be devised by ADO after consultation with field
offices. The report shall be signed, under oath, by the team leader and
members.
Section 15. Certificate of Non-Overlap; When Issued. When the area is

patently and publicly known to be outside any AD, or the activity is
determined, after FBI, not to affect an AD, the Regional Director, with the
concurrence of the concerned Commissioner, shall issue a CNO, provided
however, that the applicant shall execute an undertaking for the conduct of
FPIC should it be discovered later that there is, in fact, an overlap with an
AD, provided further, that special attention shall be given to ICCs/IPs who are
shifting cultivators or traditionally nomadic so as not to prejudice their rights
as such.
Section 16. The FPIC Team. The FPIC Team in each province with provincial
office, to be constituted by the Regional Director, shall be composed of the
following:
1) The Provincial Officer, as Team Leader;
2) The Provincial Legal Officer;
3) One (1) Engineer from the Provincial or Regional Office,;
4) The head of the FBI Team; and
5) Two (2) IP elders/leaders selected by the community in the
first assembly.
In provinces without provincial office, the Regional Director shall, constitute

the FPIC Team to be led by the CSC Head and with members from the same

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service center to be augmented from personnel of the Regional Office and/or

nearby Provincial Office, and two (2) community elders/leaders selected by the
community.
Substitution, re-arrangement, augmentation of membership in/of the FPIC

Team may be done for good and valid reasons, upon the recommendation of
the Provincial Officer or CSC Head, as the case may be, with the approval of the
Regional Director.
The Regional Director, Chief of the Technical Management and Services

Division (TMSD) the Regional Attorney, and the Regional Hearing Officer, shall
in no case be part of the Team.
Section 17. Duties and Functions of the FPIC Team. The FPIC Team shall
perform the following functions:
a. Convene, with prior notice, the First general assembly to validate
the following: (1) FBI Report; (2) Identity of the IP Elders and Leaders; (3)
Decision-Making Process; (4) Census of IPs/Migrant IPs; (5) Area affected; (6)
Existence of boundary conflict with other ADs;
b. Document Conflict Resolution Mechanism and facilitate the
conduct of the same by the chosen/selected Elders/Leaders, should
there be any dispute/conflict to be resolved;
c. Facilitate and document the proceedings of the assembly and be
responsible for the interpretation, translation, clarification, or elaboration of
matters discussed or taken up;
d. Orient the participants on the pertinent provisions of IPRA at all
stages and activities;
e. Present the agreed WFP during the assembly;
f. Invite the appropriate independent experts, if available, to give
their
opinions on any aspect of the project;
g. Should the ICC/IP agree to the activity, help draft the Resolution of
Consent and the MOA, or Resolution of Non-Consent should the ICCs/IPs reject
the proposal;
h. Make an accounting, in accordance with generally accepted
accounting and auditing rules, of all monies and properties received in relation
to the conduct of the FPIC; and

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i. Prepare and submit FPIC report with recommendation/s, and an

executive summary of the same, both duly signed under oath by all the team
leader and members, to the Regional Director, copy furnished the concerned
Commissioner.
The ADO shall craft the appropriate pro forma form for FPIC Reports after
consultation with field offices.
Section 18. The Regional Review Team (RRT); Composition; Functions. There
shall be a Regional Review Team (RRT) to be constituted by the Regional
Director, composed of the TMSD Chief, Regional Attorney and the duly
designated Regional FPIC Focal Person. The RRT leader may either be the TMSD
or the Regional Attorney, at the option of the Regional Director.
The RRT shall have the following duties and responsibilities:

1. Make a judicious and complete review of the FPIC report and the
MOA;
2. Render a report, under oath, of their findings and
recommendations to the
Regional Director;
3. Summon any member of the FPIC Team, representative of the
ICCs/IPs, or representative of the proponent to clarify matters contained in the
report and the MOA;
4. Appear before the Commission when so required; and
5. Perform such other functions as may be directed by the Regional
Director.
PART III ACTIVITIES, PLANS, PROGRAMS, PROJECTS COVERED AND

MANDATORY ACTIVITIES
Section 19. Extractive/ Intrusive/ Large Scale. The following plans, projects,
programs, and activities are considered large scale/extractive/intrusive:
a. Exploration, development, exploitation, utilization of land,
energy, mineral, forest, water, marine, air, and other natural resources
requiring permits, licenses, lease, contracts, concession, or agreements
e.g productionsharing agreement, from the appropriate national or local
government agencies, including feasibility studies related thereto;

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b. Those that may lead to the displacement and/or relocation

of
ICCs/IPs;
c. Resettlement programs or projects by the
government or any
of its instrumentalities that may introduce migrants;
d. Declaration and management of protected and
environmentally
critical areas,
and other related undertakings;
e. Bio-prospecting and related activities;
f. Activities that would affect their spiritual and religious
traditions, customs and ceremonies, including ceremonial objects,
archeological exploration, diggings and excavations and access to
religious and cultural sites:
g. Industrial land use including the establishment of economic
zones;
h. Large scale agricultural and forestry management projects;
i. Carbon trading and related activities;
j. Large scale tourism projects;
k. Establishment of temporary or permanent military
facilities;
conduct of military exercises, or organizing para-military forces;
l. Issuance of land tenure instrument or resource use
instrument
by any government agency and related activities; and
m. Others analogous to the foregoing, except small-scale
quarrying.
The foregoing shall be governed by the FPIC process in Section 22 of this

Guidelines.
Section 20. Who Shall Exercise the Right to FPIC. All ICCs/IPs who are owners
of the ancestral domain have the right to exercise FPIC on/for any of the
activities listed in the immediately preceding section; Provided, that in case the
AD is owned by two (2) or more ICC/IP sub-groups, or under a unified claim,
provisions of their duly executed and validly existing agreement shall be
followed, if any, otherwise, all ICCs/IPs sub- groups, tribes shall all participate

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in the decision-making in accordance with their applicable customary law/s;

Provided further, that when there are two or more domains affected, the
ICCs/IPs owning such domains shall exercise the right to FPIC separately;
Provided furthermore, that affected migrant IPs inside the domain/s may
participate in the exercise of the right to FPIC if expressly allowed by the
domain owners.
Unless specifically stated in the MOA, separate exercise of the right to FPIC
shall be for each major phase of the proposed activity such as Exploration;
Operation or Development; Contracting of operator; and the like.
Nothing in this provision may be interpreted to prejudice the rights of persons

under other existing laws.
Section 21. Pre-FPIC Conference. The following shall be taken up, acted
upon or accomplished during the Pre-FPIC Conference: a) The FBI
Report; b) Finalization and approval of WFP; c) Deposit/Remittance of FPIC
Fee; d) Setting of schedules and tasking; e) Preparation of Work Order; f)
Orientation on the FPIC process, protocols, and prohibited acts; g)
Arrangements for the payment of the bond; h) Submission by the applicant of
an undertaking, written in a language spoken and understood by the
community concerned, that it shall commit itself to full disclosure of records
and information relevant to the plan, program, project or activity, that
would allow the community full access to records, documents, material
information and facilities pertinent to the same; i) Submission by the
applicant of an Environmental and Socio-cultural Impact Statement, detailing
all the possible impact of the plan, program, project or activity upon the
ecological, economic, social and cultural aspect of the community as a whole.
Such document shall clearly indicate how adverse effects may be avoided,
mitigated and/or addressed; j) Opinions of invited experts, if any; and k) Others
as may be required by the FPIC team or as may have been surfaced during the
conduct of the FBI.
Section 22. Conduct of Community Assemblies and Other Activities. Two (2)
community assemblies, known as First and Second Community Assembly,
respectively, shall be held.

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The First Community Assembly shall be held as soon as the proponent remits or
pays the FPIC Fee to the Regional Office and the corresponding amount is
released to the concerned NCIP Provincial Office or Service Center for the
purpose. It shall be held on a date and strategic place within the AD after the
following are complied with by the FPIC team:
1. Formal notice to the Regional Director with his/her approval of the
date and place secured;
2. Posting of written notices seven (7) days before the activity in
conspicuous places in and around the concerned ICC/IP Community, i.e.
the Community Tribal and/or Barangay Hall/s;
3. Personal service of formal notices to the AD representatives as
appearing in the Certificate of Ancestral Domain Title (CADT) Recognition
Book or ADSDPP Book, if available, seven (7) days before the activity;
4. Service of formal notice to the representative of the
proponent/locator;
5. Service of formal notice to the concerned LGU/s Chief
Executive/s, concerned NGOs and invited experts, if any; and
6. Service of notice to the Provincial Consultative Body (PCB), if
existent.
During this assembly, the following matters shall be taken-up, discussed and/or
acted upon:
a) Orientation on IPRA and the FPIC process;
b) Validation FBI report and the area/s affected;
c) The Census of IPs/Migrant IPs/Non-IPs;
d) Identification and validation of I Elders and Leaders;
e) Determination of the Decision-making or consensus-building
process/es;
f) Consensus on the involvement of NGOs/CSOs;
g) Validation of the members of the FPIC Team representing the
community;
h) Presentation of the agreed WFP;
i) Option, selection and invitation of independent expert/s to
conduct
EIA or give their expert opinions;
j) Arrangements for conflict/dispute resolution mechanisms by the
chosen/elected IP Elders/Leaders;
k) Date and place of Second community assembly; and

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l) Other matters that may be necessary and pertinent.
The Second Community Assembly shall be held on a date and place within the
AD decided upon during the First community assembly. In this assembly, the
following shall be taken up or undertaken:
1. Presentation by the applicant of the plan, program, project or
activity that it seeks to undertake. The presentation shall include: a) The
Operation Plan and the scope and extent of the proposal; b) The cost and
benefits of the proposal to the ICC/IP and their ancestral domains; c) The
perceived disadvantages or adverse effects to th community; and d) The
measures adopted by the applicant to avoid or mitigate these;
2. Sharing by an expert/s, if engaged or invited, to include
presentation of the result of the EIA if available, expert opinion/s
on any aspect, recommendation/s, and identification of affected area/s;
3. Remarks or inputs of other stakeholders e.g. concerned NGAs,
LGUs, NGO, IPO;
4. Open forum to give the ICCs/IPs the chance to ask questions and
to speak out their concerns relative to the presentations and the project; and
5. Other important matters that are agreed upon during the
assembly.
If it becomes obvious or apparent that there are other ancestral domain/s

thatare affected, the FPIC process shall be undertaken in such area/s, either
in one process or separately, depending on the obtaining facts and
circumstances and the decision of the people of such affected area/s.
Towards the end of the Second community assembly, the ICCs/IPs shall be left
alone to agree on their decision-making/consensus-building schedules and
when to come out with their decision. This activity must not be undertaken less
than ten (10) days from the date of the Second community assembly and must
be completed within a reasonable time but not more than two (2) months
thereafter.
Following the Second Community assembly shall be the consensus-building

period. This is the period when the ICCs/ IPs shall proceed to consult among
themselves, employing their own traditional consensus-building processes, to
further understand and discern the merits/advantages and

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demerits/disadvantages of the proposal in order to intelligently arrive at

a consensus. Except for NCIP representatives who shall document the
proceedings, the applicant and non-members of the IP community are strictly
enjoined from participating in the consensus-building activity or interfering in
any manner in the decision making process. Non-IPs or migrant IPs who are
residents of the AD may only participate if allowed by the AD owners in
accordance with their customs and traditions, provided however, that the
permission be made in writing and signed by the authorized elders/leaders.
When the ICCs/IPs are already ready with their decision or consensus, the duly
authorized Community Elders/Leaders shall communicate to the FPIC Team
such consensus. If it appears to be favorable, the FPIC Team shall immediately
notify the proponent and the community representatives for the negotiation of
the terms and conditions that shall be embodied in the MOA. Once the parties
agree on the terms and conditions, the MOA is forthwith drafted in the
vernacular and English or vice versa. Thereafter, a validation assembly shall be
convened within the AD, at which time the MOA provisions shall be explained
to the community by the FPIC Team in a language that they speak and
understand. After having understood the contents and implications of the
MOA, the community may confirm the same. After confirmation, the same
shall be forthwith signed by the authorized signatories of both parties. The
negotiation of the terms and conditions and the signing by the duly
authorized representatives of the proponent and the ICCs/IPs must be done
within the AD. Along with the finalization of the MOA, the Resolution of
Consent of the community shall also be prepared, signed and released.
If the consensus is not favorable, the Resolution of Non-consent shall be

prepared, signed and released.
The FPIC Team shall facilitate the conduct of, and document all,
proceedings/activities under this section and shall be responsible for the
translation, interpretation, clarification, or elaboration of matters taken up, and
the explanation of pertinent provisions of IPRA, to the best of their personal
knowledge and ability. Views, pro and con, shall be summarized and
documented as accurately as possible. The FPIC team may also direct any
participant in the assembly to submit written comments or objections which
must be received by the FPIC Team within a nonextendible period of three
(3) working days, to form part of its final report.

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Section 23. Posting of Bond. After the issuance of written resolution of

consent and before the start of any activity enumerated under Section 19 of
this Guidelines, the applicant shall secure a bond with a reputable bonding
company with the consent of the NCIP, or deposit a cash bond with NCIP, to
answer for damages, violation of terms and conditions which the ICCs/IPs may
suffer and claim from on account of the said activity as may be agreed by the
parties in the MOA and under other applicable laws. The kind, amount of bond
to be secured or posted, and the terms and conditions thereof, shall be
specified in the MOA.
Section 24. Non-Extractive/Small Scale Activities. The following plans, projects,

programs, and activities are considered non-extractive/small scale.
1. Activities not covered in Section 19 hereof;
2. Feasibility studies not embraced in the preceding Sections;
3. Non-extractive exploitation and utilization of land, water
and natural resources as defined under existing laws, rules and
regulations of governing or regulating agencies, e.g. ISF, CBFM, IFMA
etc.;
4. Programs/projects/activities not requiring permits
from government agencies;
5. Other Small scale quarrying; and
6. Such other activities analogous to the foregoing.
Researches undertaken by government, private persons, or corporations or

foreign entities for purposes intended directly or indirectly for any purpose
shall be governed by the Guidelines on Research and Documentation of IKSPs
and Customary Laws.
The FPIC process under this Section requires negotiation between the
community, represented by its Council of Elders/Leaders, and the applicant,
facilitated by the FPIC Team. There shall be two (2) separate meetings with
the elders/leaders which are herein referred to as the First meeting and the
Decision meeting. In the First meeting, the applicant will be given sufficient
time to present and clarify its proposal. The presentation must include the
operation plan, the scope and extent of the activity, the cost and benefits to
the ICC/IP and their ancestral domains, perceived disadvantages or adverse
effects to the community, and measures adopted by the applicant to avoid or

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mitigate these. In said meeting, the ICCs/IPs shall prepare a schedule for their
decision-making/consensus-building which must start not less than ten (10)
days from the first meeting and completed not more than Thirty (30) days
thereafter. The First meeting shall be followed by the consensus-building
period by and among the council of elders/leaders. They will also use this
period to consult with their constituency in accordance with their customary
mechanisms. After they are able to arrive at a consensus within the time frame
they decided, they shall inform the FPIC Team of such consensus. If the
decision/consensus is favorable, the Team shall forthwith convene the Decision
meeting, with notice to the concerned parties. During this meeting, the council
of elders/leaders will formally proclaim their decision and the parties shall
proceed to negotiate and finalize the terms and conditions of the MOA and
thereafter consummate the same.
If the consensus is against the project, the leaders/elders shall issue a

resolution of non-consent, however, if it is favorable, the Regional Director
shall within three (3) days, from receipt of the resolution, prepare and sign the
CP and transmit the same, including the FPIC Report, to the concerned
commissioner for concurrence, copy furnished ADO. Once concurred, the same
shall be endorsed to the Chairperson for confirmation.
The process herein provided shall be considered as exception to the strict

provisions of Part V of this Guidelines.
Section 25. Excluded Areas. The following areas are excluded from any activity
except for the exclusive purposes for which they are identified:
a. Sacred grounds and burial sites of indigenous communities;
b. Identified international and local cultural and heritage sites;
c. Critical areas identified or reserved by the ICCs/IPs for special
purposes; and
d. Other areas specifically identified by ICCs/IPs in their ADSDPP.
PART IV POST FPIC ACTIVITIES
Section 26. Submission of Report. Where the ICCs/IPs gave their consent in
accordance with the foregoing provisions, The FPIC Team shall submit a formal
report with recommendation/s, systematically prepared with pertinent and
legible annexes, signed by the team leader and members under oath to the
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Regional Director. An executive summary thereof shall also be prepared and

copy furnished the concerned Commissioner/s.
In cases where EIA, EIS and/or ECC are required by the regulatory agency, and
the same are not available at the time of the FPIC Process, the
proponent/applicant shall execute an undertaking that should the same
become available, the proponent/applicant shall furnish NCIP a copy of the
same, and undergo the FPIC process in areas included in said EIA, EIS and/or
ECC as affected areas which were not included in the previously determined
affected area/s.
In case of non-consent, the FPIC Team shall report the same to the Regional
Director, and the latter shall forthwith inform the proponent, copy furnished
the concerned Commissioner/s and the ADO.
Section 27. Request for Reconsideration. The proponent/applicant may

request for reconsideration of the resolution of non-consent within fifteen (15)
days from receipt of the said resolution of non-consent. The request for
reconsideration shall be addressed to the ICCs/IPs through the Regional
Director. It must embody any new proposal to address the reason/s for the
rejection. After receipt of the request for reconsideration, the Regional
Director shall direct the leader of the FPIC Team to serve copies upon the
authorized representatives of the ICCs/IPs. Upon service to the ICC/IP
elders/leaders, the FPIC Team Leader shall advise them to consult with the
community. Should the leaders believe that there is need for a community
assembly to discuss the merit of the request, they shall so inform the FPIC
Team Leader with a proposal for the provision of funds for the holding of a
community assembly. This shall then be communicated to the Regional
Director who shall then inform the proponent/applicant. Should the
Elders/Leaders, after consultation with the community on their own,
believe that there is no chance for reconsideration, they shall formally inform
the FPIC Team Leader, who shall then formally inform the Regional Director,
copy furnished the proponent/applicant.
If the ICCs/IPs manifests their rejection of the plan, program, project or activity,
in any written form signed by the members of the community and their
elders/leaders before or during the FBI, the same shall be received by the FBI
team and the Regional Director shall be notified of the same. Upon receipt

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of the notice, the Regional Director shall order the conduct of a validation
assembly similar to a consensus- building activity as provided for in this rules to
validate the rejection. However, if the rejection is received or made after the
FBI, the matter shall be tackled in the mandatory activity on consensus-
building.
If the rejection is affirmed during the validation assembly, the appropriate

resolution of non-consent shall be made, adopted, and signed, and
thereafter transmitted to the Regional Director by the FPIC Team. The Director
shall then return the application to the endorsing agency or the applicant, as
the case may be, with a transmittal of the resolution of non-consent. As a
consequence of the adoption of such resolution, all proceedings in the conduct
of the FPIC shall ipso facto stop. No FPIC process for any similar proposal shall
be undertaken within six (6) months from the issuance of non-consent.
Section 28. RRT Review. After receipt of the report, the Regional Director
shall direct the RRT to review the same within five (5) days. Should the review
report be favorable, and the Director finds nothing wrong with the same, he
shall endorse the record of the FPIC Process undertaken, together with his
recommendation/s to the ADO for appropriate action, otherwise he may direct
appropriate action by the RRT or the FPIC Team before he makes his
endorsement to the ADO.
Section 29. Inaction. The inaction of the applicant within six (6) months from
the last FPIC activity, without justifiable reason, shall be a ground for a
termination of the FPIC process to be declared by the Regional Director
with notice to the applicant.
Section 30. Dormant Certification Precondition. If no activity is undertaken by

the proponent within a year from the approval/issuance of permit, the CP is
considered dormant and thus, upon the report of the Regional Director, the
Chairperson shall issue a show cause order directing applicant/proponent why
the CP should not be cancelled. Failure of applicant to comply within a
nonextendible period of fifteen (15) working days from receipt of the order, or
to show justifiable reason, the CP shall be cancelled by Resolution of the
Commission, with notice to the concerned regulatory agency, proponent, and
the ICCs/IPs.

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PART V MEMORANDUM OF AGREEMENT
Section 31. Preparation of the Memorandum of Agreement (MOA). When the

consent of the concerned community is obtained, the terms and conditions
agreed upon shall be embodied in a MOA to be executed between and among
the ICC/IPs, the applicant/proponent, the NCIP, and any other party that may
be necessarily involved.
The MOA shall be prepared by the FPIC Team strictly in accordance with what
has been agreed upon by the parties, written in the language or dialect of the
ICCs/IPs concerned, and thereafter translated into English and/or Pilipino. The
drafting shall be the primary obligation of the Legal Officer of the concerned
provincial office. In his/her absence the Regional Director shall designate the
Legal Officer from another province to assist the FPIC Team.
Section 32. Contents of MOA. The MOA shall include, but shall not be
limited to, the following:
a. Detailed benefit-sharing provisions in accordance with rules
and
regulations
[i.e. not less than 1% royalty under mining act];
b. Development projects based on the development priorities
of the
community;
c. Monitoring of the implementation MOA to be
implemented by NCIP in partnership with LGUs and CSOs. This
undertaking shall be paid for by the company;
d. Mitigation and resettlement plans for potential risks;
e. Redress mechanisms;
f. Clause on the non-transferability of the MOA;
g. Clause for renegotiation of the economic provisions;
h. Whether the concerned ICCs/IPs shall require another FPIC
to be conducted in case of merger, reorganization, transfer of rights,
acquisition by another entity, or joint venture;
i. List of responsibilities of the company and the affected
community j.
Inclusive dates/duration of agreement;
k. Other than what has already been granted by law, the
benefits to be derived by the host ICC/IPs indicating the type of

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benefits, specific target beneficiaries as to sector and number, the

period covered, and other pertinent information;
l. Detailed use of all funds to be received by the host ICC/IP
communities, ensuring that a portion of such funds shall be allocated
for development projects, social services and/or infrastructures in
accordance with their development framework and the Guidelines on
the Management of
Royalty Share and Other Benefits promulgated by the Commission En Banc;
m. Transparency mechanism on transfer and disbursement of
funds;
n. Detailed measures to protect IP rights and value systems;
o. Detailed measures to conserve/protect any affected portion
of the ancestral domain critical for watersheds, mangroves, wildlife
sanctuaries, forest cover, and the like;
p. Responsibilities of the applicant as well as the host IP
community;
q. The monitoring and evaluation system of the MOA, to
include
submission of reports and creation of monitoring teams;
r. Remedies and/or penalties for non-compliance or violation
of the terms and conditions which includes applicability of customary
laws and imposition of sanction/s;
s. Deposit of cash or surety bond mentioned pursuant to
Section 23
hereof;
t. Provision to render assistance in the event of
calamities/disasters
in the community;
u. Provision to undertake a new FPIC Process in case of mining
activities, after the exploration stage;
v. Provision on the effects of dormant Certification
Precondition;
w. Membership of proponent in organizations requiring ethical
standards in a particular line of activity; and
x. Other requirements provided in this Guidelines.

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Corporate Social Responsibility (CSR) or Social Development and Management

Projects (SDMP) required under existing laws shall not be considered as part
of benefits enumerated above.
Section 33. Signatories to the MOA. The signatories of the MOA shall be:
a. Elders/leaders or their alternates who have been
identified
during the validation and authorized by the community to sign;
b. For corporations, partnerships or single proprietorship
entities, the
authorized officers, representatives, or partners per Board Resolution; and
c. The Chairperson shall sign the MOA in behalf of the NCIP as
Third Party. For projects where the Regional Director is authorized by
this Guidelines to issue the corresponding certification precondition, the
MOA shall be signed by him/her in behalf of the NCIP as Third Party.
Section 34. MOA Signing. The signing of the MOA shall be done within the
affected ancestral domain by those duly authorized, during a general assembly
called for the purpose, after its contents is fully read aloud and explained by
the FPIC Team, and understood and affirmed by the community. Should there
be need for any change/s, the FPIC team shall make the appropriate revision
or amendment to the satisfaction of the community assembly.
Signing by those duly authorized may be done through actual writing/signing or

the affixing of thumb marks, provided however, that in case of the latter, a
member of the community who is able to read and write shall sign as an
instrumental witness. Those authorized to sign in behalf of the community,
including instrumental witnesses, shall thereafter present themselves before a
notary for the appropriate notarial acknowledgment.
Section 35. Final Review of the MOA by the Legal Affairs Office. The MOA shall
be reviewed by the Legal Affairs Office (LAO) prior to the endorsement of the
FPIC report by ADO to the Commission. The legal advisory of the LAO shall form
part of the FPIC Report of ADO.
In cases where the Regional Director is authorized to issue the CP, the MOA
shall be reviewed by the Regional Legal Officer or any Legal Officer who has
not participated in any stage of the FPIC Process.

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Section 36. Non-transferability of Free and Prior Informed Consent. The

consent of the ICCs/IPs for a particular proposal shall not be transferable
except in cases of merger, reorganization, transfer of rights, acquisition by
another entity, or joint venture, to any other party, and the same is provided in
the MOA: Provided, however, That the transferee shall assume the obligations
of the transferor, otherwise another FPIC will be required. The transferee may
improve the terms and conditions of the MOA affording or providing greater
benefits for the ICCs/IPs other than those stated in the MOA, or may propose
other terms and conditions that would uphold the interest and welfare of the
concerned IP community. Such change/improvement in the MOA shall bear the
approval of the Commission pursuant to this Rule.
In the circumstances mentioned in the immediately preceding paragraph, the

transferee is required to execute a formal undertaking, with notice
to the representatives of the ICCs/IPs concerned, that upon the effectivity of
the new set-up or relation brought about by the foregoing circumstances,
the transferee shall faithfully comply with the terms and conditions of the
MOA and that they shall observe and assume all the obligations stipulated in
the said MOA. In this connection, it shall be the responsibility of the transferor
to inform transferee of the existence of MOA before the perfection of the new
set-up or relation. Likewise it shall be the duty of the transferee to inform, in
writing, the ICCs/IPs concerned and NCIP of the impending merger,
reorganization, transfer, acquisition, or joint venture and shall be required to
submit the necessary documents required under Section 7 of this
Guidelines to ADO and to the representative of the ICCs/IPs concerned. The
preceding paragraphs shall not apply when it is expressly provided in the MOA
that a new FPIC is required in the event of merger, reorganization, transfer of
rights, acquisition by another entity, or joint venture.
Section 37. Complaints Related to the Memorandum of Agreement. Any

complaint involving the interpretation and implementation of the MOA shall
be resolved first in the community using their traditional conflict resolution
process. If the complaint is not resolved using the customary system, the
complaint shall be filed with the appropriate NCIP Regional Hearing Office
(RHO) for disposition. The decision of the RHO may be appealed in
accordance with the provisions of Administrative Circular No. 1, Series of 2003.

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Section 38. Applicability of Customary Laws and Imposition of Sanctions for

Violation of the Terms of the MOA. Any person/party who willfully violates or
fails to comply with his duty or obligation under the provisions of the MOA
may be held liable in accordance with the customary laws and practices of
the host or concerned ICC/IPs and sanctions may be imposed in accordance
therewith: Provided, That the sanctions are not excessive, cruel and degrading,
and without prejudice to the exhaustion of conciliation and mediation efforts
by the NCIP, and the exercise of the latter’s visitorial and injunctive powers.
This is without prejudice to any action that any person or the community may
take before the proper courts for the enforcement of civil, criminal or
administrative liability.(48)
PART VI OTHER PROCESSES
Section 39. Community-Solicited or Initiated Activities. Programs, projects and

activities solicited or initiated by the concerned ICCs/IPs themselves where the
activity is strictly for the delivery of basic services to be undertaken within or
affecting the ancestral domain, do not require compliance with the FBI/FPIC
requirement as provided in this Guidelines, however, they shall be subjected to
a validation process where the following shall be determined:
a. The ICC, in fact, voluntarily solicited or initiated the plan, program,
project or activity to be undertaken;
b. The plan, program, project or activity conforms with the
community’s ADSDPP or in the absence of the ADSDPP, the concerned
community considers the same to form part already of the ADSDPP that they
will formulate in the future;
c. The ICC knows the extent of the plan, program, project or activity
and
its socio-cultural/ environmental impact to the community;
d. The parties acknowledge their obligations; or
e. The plan, program, project or activity is for the delivery of basic
services or livelihood projects involving community.
Section 40. Projects, programs and activities undertaken by NCIP by itself

or in cooperation with other government agencies and LGU Projects. Projects,
programs and activities undertaken by NCIP itself or in cooperation with other
government agencies and LGU projects shall also be validated to determine if

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they coincide or complement with the development priorities of the

community and will not in any way adversely affect their well-being. (n)
Section 41. Foreign Funded Project Undertaken in Cooperation with the NCIP.
NCIP may enter into cooperation with foreign funding agencies for projects
involving delivery of basic services or for the promotion of economic and
sustainable development, in which case, the requirements of FPIC may be
dispensed with and that only validation under the preceding sections of this
Guidelines may suffice. Projects undertaken by international funding agencies
or institutions by themselves or in cooperation with non-government
organizations or institutions shall, however, be subject to the appropriate FPIC
process as provided in the applicable provisions of this Guidelines or other
pertinent NCIP Guidelines.
Section 42. Exercise of Traditional Resource-Use Rights. Gathering, hunting and

such other traditional use by members of the ICC/IP of natural resources found
within their ancestral domain including gathering of rattan and other forest
products for family/personal consumption, subsistence and livelihood, do
not require the conduct of the FPIC Process as provided in this Guidelines,
provided, that the use shall be limited for the ICC/IPs’ traditional use. To avoid
circumvention or abuse of this provision, the NCIP shall validate such utilization
upon the complaint of any member of the council of elders/leaders.
Section 43. Objects and Process of Validation. Where validation is required in

the sections 39, 40, 41, and 42 to determine the consent of the Community,
the process shall be as follows:
(1) The Regional Director, motu proprio or upon receipt of the written
request for validation, shall constitute a team composed of not more than
three (3) from the provincial office or CSC, as the case may be, to conduct a
field validation;
(2) The team shall immediately conduct the validation and thereafter
submit the appropriate report, prepared under oath, to the Regional Director
within ten (10) days from commencement thereof;
(3) The process of validation shall be done through interviews of
elders/leaders and other community members; and
(4) If the validation yielded positive report, the Regional Director shall
within three (3) days, from receipt, prepare the CP and validation documents
to be transmitted to the concerned commissioner for concurrence, copy

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furnished ADO. Once concurred, the same shall be endorsed to the

Chairperson for confirmation. Otherwise, the Regional Director shall return
the documents to the applicant/petitioner.
Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may
exercise its injunctive powers upon a written complaint of any member of the
affected community to enjoin the conduct or continued implementation of
the program, project, plan or activity in order to safeguard the rights and
interests of the community. (34a)
Section 44. Emergency Cases. Where the conduct of plans, projects or

activities of the government or any civic, religious, or similar organizations
within ancestral domains is in response to emergency situations involving
public order, health, security or safety including military operations within
ancestral domain areas when made in connection with hot pursuit
operations, securing vital government installations, programs and projects
against clear and imminent danger FPIC shall not be required.
Section 45. Regulation of Entry of Migrants and Other Entities. All

migrants and other entities must first secure the express permission of
the community’s Council of Elders/Leaders who shall, in accordance with their
consensus building process, community practices, customs and traditions and
upon the free and informed prior consent of the community members agree
to accept such migrant or entity within the domains, subject to the following
conditions:
a. Said persons and entities can be allowed to perform
activities as are expressly authorized and which are not inimical to the
development of the ancestral domains and cultural integrity of the ICCs/IPs,
and
b. The ICCs/IPs shall maintain the right to impose penalties for
violations of the conditions in accordance with their customary laws.
Section 46. FPIC of Resettled/Relocated or Displaced ICCs/IPs Within Public

Domains. A group or a community of ICCs/IPs occupying a portion of public
domain, whether as a result of a resettlement or relocation project of the
government or as a result of displacement, has the right under Section 7,
paragraphs (c) and (d) of the IPRA to be provided with lands of quality and
legal status at least equal to that of the land previously occupied by them

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suitable to provide for their present needs and future development; hence, the
said ICCs/IPs shall not be treated as migrants and can likewise exercise their
right to FPIC.
Section 47. FPIC Rights of Resettled, Displaced and Relocated IPs as well as
Migrant IPs Living in Co-existence with the Original IPs within the Domain. In a
particular ICC/IP community where there exists resettled, displaced and
relocated IPs or migrant IPs mingled or in co-existence with the owners of the
AD, the right to FPIC of the resettled, displaced and relocated or migrant
IPs will depend on the custom, practice or tradition of the owners of the
AD allowing or disallowing the exercise thereof. Whether allowed or not
allowed by the owners of the AD to participate in the FPIC proceedings, they
shall likewise be entitled to the benefits by virtue of the MOA and to
compensation for damages, loss or injury to them or their properties. The
obligation to compensate the resettled, displaced and relocated IPs or migrant
IPs of what is rightfully due them shall be recognized by the applicant in
writing either in the MOA or in a separate undertaking made as an integral part
of the MOA. (38)
Section 48. Small Scale Quarry Approved by the Local Government Unit
(LGU). The CP for small-scale quarries, whose permits are issued by Local
Government Units (LGUs) shall be issued by the concerned Regional Director
with the concurrence of the concerned Regional Ethnographic Commissioner
and affirmation by the NCIP Chairman. A copy of the CP shall be furnished
to ADO, the concerned Provincial Officer or CSC Head, as the case may be.
Section 49. Community-Initiated or Solicited Research. Research activities

solicited, commissioned or conducted by the concerned ICC/IP themselves
to be undertaken within or affecting the ancestral domain, shall be
governed by the Guidelines on IKSP/Customary Law research and
documentation.
PART VII EXERCISE OF PRIORITY RIGHTS
Section 50. Steps in the Declaration of EPR by the ICCs/IPs. In the declaration
of the EPR by a particular ICC/IP community, the following must be observed:
1. Community Assembly. A community assembly of all members of
the concerned ICC/IP community shall be held, at the community’s own
initiative and expense, with notice to NCIP.

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For purposes of this Guidelines, the community assembly of all members

shall be deemed sufficient and shall proceed after complying with the
following rules:
(a) Every household is entitled to one representative and, at least,
majority of them must be physically present during the community assembly;
(b) Majority of the representatives of the community identified as
responsible to make decisions for the community are also present;
(c) If it involves a CADT area, the representative/s identified in
the claimbook or majority of them must also be present;
(d) Public officials, officers or employees who are members of the
community may be allowed to participate in the community assembly but
as ordinary members, elders/leaders or community representatives, as the
case may be. The community assembly shall take up the following, among
others:
a. Review of the population of the concerned ICC/IP community.
Reference may be made to the CADT application, the ADSDPP formulated,
and/or any other credible source of data/information;
b. Information, Education, Consultation (IEC) on IPRA and
pertinent
provisions of its IRR and current NCIP guidelines;
c. Identification of, and discussion on, the particular natural resource
over which the community desires to exercise priority right, including its
specific location; and
d. Customary processes of arriving at a community consensus.
2. Community Resolution. Should the community decide to exercise
their priority right, after complying with the foregoing, a community
resolution shall be drafted, discussed, finalized and approved by a majority
of all the members of the concerned ICC/IP community during the same
assembly or in another assembly, as the case may be. The resolution shall,
among others:
a. Identify the specific natural resource;
b. Delineate in detail the specific location and area where the
subject natural resource is or may be found;
c. Describe the capability and/or capacity of the community
to
undertake the activity they seek to engage in as consequence of the EPR; and
d. List the names of community elders/leaders who are
authorized to make the declaration of EPR. The approval of the

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community resolution by all members of the concerned ICC/IP

community shall be deemed sufficient and approved if signed or
thumb- marked by a majority of all the members and representatives
physically present during the community assembly as mentioned in
Article III, Section (1).
3. Declaration of EPR and EPR Plan. The elders/leaders named
and authorized in the community resolution to make the declaration shall
make the declaration of EPR. The declaration shall include an EPR Plan which
shall contain, among others, the following:
a. General information about the Ancestral Domain and the
ICCs/IPs of the area, including indigenous land use plan, if existing and
available;
b. Purpose of the declaration;
c. Natural resource for development, harvesting, extraction or
exploitation;
d. Specific Location and area of the proposed site/s
accompanied by
maps, 3D maps, sketches and/or other material reference monuments as
annexes;
e. Projects, programs, activities or undertakings to be
pursued to
realize the purpose of the EPR;
f. Scope and duration of operational plan/s for every activity;
g. Capability of the community to undertake the same or to
engage
a qualified partner;
h. Conformity with the existing ADSDPP and/or the
Environmental Conservation and Protection Program of the concerned
ICCs/IPs as provided for under the IRR of IPRA;
i. Existence of a duly organized IPO registered and recognized by
NCIP;
j. Recognition and Observance of IP Governance/Decision-making
processes;
k. Existence and feasibility of EPR Plan & ECPP;
l. In the absence of a provision in an existing ADSDPP, or non-
existence of an ADSDPP, a statement that it shall be so included in the existing
ADSDPP or in the one that shall be subsequently formulated.

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m. How income and/or benefits will be managed, shared, used

and
accounted for; and
n. Name and personal circumstances of the authorized
elders/leaders who made the declaration and their signatures or thumbmarks.
The community may request the assistance of NCIP in the preparation of their
EPR Plan, or an NGO duly accredited by NCIP.
4. Where to File. The declaration of EPR, along with its annexes,
including the community resolution, shall be filed, in five(5) legible copies,
with the NCIP Regional Office that has administrative jurisdiction over the
area declared for EPR. If the same is filed with any other office of the NCIP,
it shall be received and immediately transmitted or endorsed to the concerned
regional office.
Section 51. Validation of the EPR Declaration and Validating Team. The
validation of the declaration of EPR shall be done by a Validating Team
to be constituted by the Regional Director from among personnel of the
appropriate Community Service Center, Provincial Office and/or Regional
Office, which must not be more than five (5) persons. The Validating Team
shall use as its reference and/or do the following, among others:
a. CADT Claimbook and/or ADSDPP record, if existing. In the
absence thereof, the barangay census or IP census conducted by the
NCIP, and other official documents produced in the performance of
NCIP’s mandate;
b. AD Profile, if existing, otherwise the team shall assist
community in
making one;
c. Verify and validate the community resolution, the
declaration, and
other pertinent data/information;
d. Get a copy and validate the Community EPR plan.
e. Verify and validate the capability of the community to
undertake the
activity which is the object of their EPR or their capacity to engage a
qualified partner.
Section 52. Engaging a partner. Should the community, during the

process of validation, inform the Validating Team that it does not have the

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financial or technical capability or capacity to undertake the activity

relative to which they declared EPR and desires to engage a specific kind of
partner, the Validating Team shall advise and assist the community make a
declaration to that effect, through the elders duly authorized in the
community resolution and who filed the previous declaration. After such
declaration is made, following the principles of FPIC, a community
assembly must be held, at no expense to NCIP except for personnel
services, at which time the following matters shall be taken up and acted
upon:
1. Personality of the proposed partner who shall be a non-member
of the community or a juridical person whose incorporators are non-members
or a mixture of members and non-members, validly organized and existing
under Philippine laws; 2. Financial and technical capability, as well as track
record of the proposed partner;
3. Proposed terms and conditions of the proposed partnership which
must include, among others: (a) the duties and obligations of the parties;
(b) the determination, sharing, and release of benefits; the period of
partnership; prohibited acts; and Conflict/Dispute resolution;
4. Sharing of expert opinions by persons invited by the community; 5.
Open Forum;
6. Consensus-building period which must include a reasonable time
frame of activities for such, the manner by which it will be done ,and the
date when the decision of the community will be made known to the
Validating
Team, by the authorized elders; and
7. Other matters that the community may deem necessary.
The community may decide to accept or reject the proposed partner. If

rejected, other persons may be considered, if any. If accepted, the appropriate
MOA shall be drafted.
Section 53. Memorandum of Agreement (MOA) on Partnership. The MOA

between the community and the chosen partner shall be drafted and
validated with the community in a validation assembly facilitated by the
Validating Team, at the expense of the proposed partner, to determine
compliance with this Guidelines and other pertinent laws, rules and
regulations, and the terms and conditions agreed upon during the community
assembly.

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Section 54. Report of the Validating Team. The report of the Validation
Team, which shall be under oath, must include an executive summary
with recommendations. It shall then be submitted to the Regional Director
within fifteen (15) days from the termination of the validation period, who shall
immediately refer the same to the RRT for review within three (3) working
days. After receipt of the RRT review report, the Regional Director shall
take such appropriate action he deems necessary, otherwise, he shall
forthwith make a transmittal of the entire record, with his/her own
recommendations, to the ADO Director who, after receipt, shall
immediately request the LAO to issue legal opinion and furnish the
concerned Commissioner a copy of the executive summary. After receiving
the legal opinion, the ADO Director shall request for inclusion of the same in
the agenda of the CEB for its next en banc session, through the Executive
Director.
Section 55. Action by the CEB. After appropriate deliberation, the CEB may
decide to issue the formal acknowledgment of EPR and/or direct otherwise,
as it deems fit. Should it decide to grant the formal acknowledgment, the
same shall be embodied in an En Banc Resolution and the corresponding
Certification Precondition shall be issued accordingly. Should the CEB
decide not to confirm the EPR declaration, its denial and the grounds
thereof shall be embodied in an En Banc Resolution. All such actions shall
be transmitted by ADO to other appropriate government agencies, the
community, the partner if applicable, and the field office/s.
Section 56. Limitation on Formal Acknowledgment of EPR. In no case shall

the formal acknowledgment of a declaration of EPR by the CEB be
presumed or considered as a grant of CADT to the community over their
ancestral domain nor shall it exempt an AD claim from the process required
under the law and the Rules on delineation and titling. It shall not also exempt
the community from complying with the requirements imposed by concerned
regulating agencies, nor the ripening into a MOA without undergoing the
process provided above.
Section 57. Applicability. The foregoing provisions on EPR shall be observed
in the processing of all EPR declarations, including those pending before
Regional, Provincial and Service Centers. All EPR declarations officially
endorsed/transmitted to the Ancestral Domains Office before or on the day of

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effectivity of this Guidelines shall continue to be processed in accordance with

Administrative Order 01, series of 2006 until approved or denied by the
Commission.
PART VIII MANAGEMENT OF ROYALTIES & SIMILAR BENEFITS.
Section 58. Nature of Royalties. Royalties shall not only be treated as

economic benefits due ICCs/IPs but social justice measure, and in the
management of the same, the inter-generational rights of ICCs/IPs must be
recognized, promoted and protected. These are entitlements of ICCs/IPs as
part of their guaranteed rights under domestic laws and international
agreements, conventions or declarations.
Section 59. Person Authorized to Manage. Only the duly organized, NCIP
registered, IPO of the concerned ICCs/IPs shall be authorized to receive and
manage the royalties. Protection of the royalties that are received by it shall be
provided in its by-laws and manual of operation, provided that, the same shall
be compliant, and not be contrary, to provisions of this Guidelines.
Section 60. Release of Royalty Fees. The royalties may be released : a)

directly to the account of the IPO of the ICCs/IPs duly established for the
purpose, or b) to a Trustee Bank agreed upon which shall, in turn, be
responsible for releases to the IPO account. In both cases, no release shall be
made by the company to the IPO, or the trustee bank to the IPO, without the
concurrence of the Commissioner from the Region and the Chairperson of
NCIP duly secured by the IPO. The concurrence is intended to be a check on
the use of the funds based on the CRDP.
Section 61. Community Royalty Development Plan (CRDP). The ICC/IP

receiving royalties and similar fees must formulate a development plan
for the management and use of the same to be known as the CRDP. In the
formulation of the said plan, the ADSDPP must be considered, and the
ICCs/IPs can engage the services of a reputable public or private agency to
provide consultancy and/or technical services. The CRDP shall be subject to
confirmation by the Commission En Banc after verification and validation by
the concerned field office.

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Section 62. Use of Royalty. The royalties must be used for programs and
projects that will redound to the well-being and benefit of the ICCs/IPs entitled
to it. It should have allocations for: Emergency concerns; Investments which
may be short, medium or long term; Livelihood and social development
projects which must be allocated not less than 30% of each and every
release; Education and training of members, basic or professional;
Capitalization for cooperative development; Credit facility; Salaries or wages
of persons engaged to perform professional services; Mutual assistance, and
the like. It must never be used as payment for damages caused by the
proponent/company’s activities to the person and properties of an individual
member, as this is a distinct obligation of the company and not part of royalties
Section 63. Transparency Mechanism. The IPO shall prepare periodic

financial reports, and annual financial statements duly audited, and furnish
copies of the same to the NCIP. The same must also be reported to the
general membership during the annual assembly that must be convened to
tackle financial and other community or IPO concerns.
Section 64. Monitoring and Visitorial Powers. In the exercise of its mandate to
protect the well-being and promote the rights of ICCs/IPs, the NCIP may
direct financial and management audits of IPOs managing royalties and other
benefits or exercise its visitorial powers as provided for by law.
PART IX PROHIBITED ACTS AND REMEDIES
Section 65. Prohibited Acts. After the filing of the application and during
the period that the application is pending, any of the following acts or
omissions are hereby declared either as acts prejudicial to the interest of the
IP community in the attainment of their consent or acts in circumvention of
the intent of the law in requiring the free, prior and informed consent of
ICC/IP community and are therefore prohibited:
a. By the applicant:
1) Employment or use of force, threat, coercion, intimidation, at any
degree or in any manner, including those done by individuals or group of
persons acting for the applicant;
2) Bringing of firearm/s in the community during visits by the
applicant or group of persons acting for the applicant. When needed, armed

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security shall be obtained from local police authorities or the AFP as

requested by NCIP;
3) Bribery or promise of money, privilege, benefit or reward other
than what is presented by the applicant during the consultative
community assembly/first meeting [Sec. 22 and 24] with the elders/leaders;
4) Clandestine or surreptitious negotiations with IP individuals, some
members of the community concerned or leaders done, without the
knowledge of the council of elders, leaders or majority of members of the
community;
5) Donations to the community or to any of its members for the
purpose of influencing the decision of the ICCs/IPs.
6) Holding of unauthorized meetings such as but not limited to
wining and/or dining sessions, and the like or such other activities with the
NCIP Official and personnel and/or members of the affected community,
with the intention of unduly influencing the result of the FPIC process.
7) Deliberately delaying the progress of the FPIC process which
cause division among the concerned ICCs/IPs.
b. By the NCIP Officer or Employee:
1. Acceptance or receipt of money, gifts or other valuable thing
from the applicant intended to unduly influence the outcome of the FPIC
process;
2. Consorting with the applicant or with any person connected to or
mediating
for the latter intended to unduly influence the outcome of the FPIC process;
3. Deliberate failure to act appropriately on complaints coming
from the community concerning prohibited acts committed by the applicant
or the latter’s representatives;
4. Gross negligence or deliberate omission to perform his duty
required of him by this Guidelines;
5. Acting on or performing his duty in consideration of any offer,
promise of future reward, privilege or benefit from the applicant;
6. Undue interference in the work of the FBIT/ FPICT/ RRT or
doing the latter’s work without being a member thereof;
7. Use of falsified narration of facts in reports, attachments or any
supporting documents in the reports submitted with respect to FBI, and
all other necessary documents covered by the FPIC;
8. Holding of unauthorized meetings such as but not limited to
wining and dining drinking sessions, and the like or such other activities

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with the applicant and/or members of the affected community, with the
intention of unduly influencing the result of the FPIC process in favor of the
applicant; and
9. Demanding or receiving from the applicant, IP community, or
support institutions like NGOs, government agencies and institutions money,
or any gift, donation or other valuable thing outside the approved
work and financial and/or supplemental plan for the conduct of FBI and
FPIC processes. Any other acts or omission by NCIP officer or employee
punishable or prohibited under any existing laws, rules and regulations
governing public officers/employees.
c. By the IP Community or Member and/or Elders/Leaders
1) Solicitation and acceptance or receipt of gifts, money or other
valuable things from the applicant intended to unduly influence the outcome
of the FPIC process in favor of the applicant;
2) Consorting with the applicant or with any person connected to or
mediating for the latter intended to unduly influence the outcome of the FPIC
process in favor of the applicant;
3) Negotiating or mediating or transacting business with the
applicant without proper authority from the affected ICC/IP; and
4) Giving or promising to give his consent in consideration of
any offer, promise, future reward, privilege or benefit from the applicant
other than what has been provided for or explained by the applicant to the
Council of Elders or Leaders and community members during the
consultation meetings.
d. Other Prohibited Acts by NGOs/CSOs/GAs/LGUs & Other Groups
Undue influence or interference with the FPIC process or to the community,
either to the members, elders/leaders or their representatives,
exerted by representatives of NGOs or CSOs or GAs or local government
instrumentalities, including barangay officials and their functionaries, and
those made by other entities or groups with religious affiliations.
Section 66. Sanctions. Sanctions shall be imposed only after due notice and
after the parties are given the opportunity to be heard, as follows:
a) Grave Violations. Commission of any of the prohibited acts by
the applicant/s considered grave violations shall constitute a ground for the
non-issuance of the certificate applied for.
The violation is considered grave when the commission of the prohibited
act is intentional and has resulted to loss of life or serious damage to property

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of an IP member of the community, committed by means of, but not limited

to, employment or use of force, threat, coercion, intimidation, violence,
including those done by individuals or group of persons acting for the
applicant, including repeated commission of prohibited acts considered not
grave.
Grave violations shall be a ground for disqualification on future
applications for certificate precondition within ancestral domain areas,
without prejudice to filing of appropriate criminal action against the offender
under IPRA or the Revised Penal Code and other special laws. The imposition
of disqualification can be lifted only upon petition by the individual or entity
upon whom the disqualification was imposed, stating the grounds why the
disqualification should be lifted. No such petition shall be entertained by the
Commission without the favorable recommendation of the IP community
concerned whose rights were seriously violated.
b) Less Grave Violations. Commission of any of the prohibited acts by
or attributable to the applicant, may constitute grounds for the suspension of
the FPIC process by the Regional Director until such time that the violation
is sufficiently addressed as certified to by the concerned elders/leaders, in
which event, the Regional Director shall order the continuation of the FPIC
process.
Less grave violations refer to the commission of prohibited acts
intentionally committed, but which do not result to loss of life or serious
damage to property of an IP member of the community.
For deliberate delay in the conduct of the FPIC process, attributable
to the applicant, the application shall, upon order of the Regional Director, be
returned to the endorsing agency.
If the extent of the commission of the prohibited act would adversely
affect the outcome of the community consent proceedings, the said
proceedings shall, upon written request, be suspended by the Regional
Director until it is shown that the prohibited act done has already been
addressed.
c) Commission of any of the prohibited acts by or attributable to
NCIP
officers or employees will be proceeded against, and proper sanction shall
be imposed, in accordance with existing laws, rules and regulations. In
addition, he shall be, upon finding of prima facie evidence, immediately
divested of his authority to be part of the proceedings upon order of the
Regional Director and the former will be proceeded against criminally

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and/or administratively in accordance with the Civil Service Rules and

Regulations on discipline.
Commission of any of the prohibited acts by or attributable to the
NCIP Regional Director or the ADO Director shall, upon finding of prima facie
evidence, after hearing, immediately divest him/her of his/her authority to be
part of the proceedings upon order of the Commission. In addition, the
Commission shall file the necessary Criminal and Administrative Charges
against the erring officer.
d) Prohibited acts committed by any officer or employee of any
Government Agencies (GAs) /Local Government Units (LGUs) will be
proceeded against, and proper sanction shall be imposed, in accordance with
existing laws, rules and regulations.
e) Prohibited acts committed by any member of NGOs and other
groups or individuals shall be a ground for a warning, contempt or exclusion
from the FPIC proceedings applying the Commission’s subpoena and contempt
powers.
f) Commission of any of the prohibited acts by or attributable to
the IPs/ICCs/Elders/Leaders shall be first subjected to customary laws of the
affected community. When there is no relief, a complaint may be filed by
the aggrieved party with the RHO for the enforcement of the decision made
under customary laws or for the award of damages. In no case shall the RHO
issue an order or judgment for the suspension of the FPIC proceedings or for
the non-issuance of the certificate applied for, or if already issued, an order or
judgment for its revocation.
Section 67. Jurisdiction of Regional Hearing Officer on FPIC

Controversies. Violations of the requirement of FPIC under this Administrative
Order shall be dealt with accordingly. For this purpose, cases involving
violations of the requirement of FPIC which are within the original and
exclusive jurisdiction of the Regional Hearing Officer as provided under
Administrative Circular No.1, Series of
2003 shall refer only to cases where the plan, program, project or
activity was implemented without the required FPIC.
Section 68. Hearing of Complaints before Application is Endorsed to ADO.

Prior to the endorsement of the FPIC application to the ADO, or issuance by
the Regional Director of the CNO, all complaints involving irregularities
in the implementation of this Guidelines, including commission of any of the

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prohibited acts shall be filed with the concerned Regional Director, copy
furnished the FBI/FPIC Team leader. Within ten (10) days from receipt of the
complaint, the FBI/FPIC Team shall submit its answer thereto. The complaint
shall be resolved by the Regional Director within ten (10) days from receipt of
the answer or expiration of the period for filing thereof. The resolution shall
address the irregularity or in case of commission of prohibited acts,
recommend to the Commission to impose appropriate sanctions.
No motion for reconsideration shall be allowed. The remedy of the

aggrieved party is to file a petition pursuant to Section 71 hereof within ten
(10) days from receipt of the decision of the Regional Director. The aggrieved
party must be furnished by the Regional Director a copy of the decision on
the very date that the decision is rendered.
The filing of the administrative complaint shall not, as far as practicable, stop
the FPIC process or of the processing of the application unless the sanction
calls for it.
Section 69. Hearing of Complaints after Application is Endorsed to ADO

/Certification Issued. After the FPIC application is endorsed to the ADO, or
after the concerned Regional Director issues the CNO, all petitions involving
irregularities in the implementation of this Guidelines or those involving the
commission of prohibited acts shall be filed with the Commission through the
Clerk of the Commission, in nine (9) copies, with the original copy indicated
as such, copy furnished the concerned Regional Director. The petition must
be verified and accompanied by sworn affidavits of witnesses, other evidence
and a certification of non-forum shopping executed in accordance with the
requirements of the Rules of Court.
Section 70. Transmittal of Records and Comment. Upon the filing of the
petition, the Clerk of the Commission shall, within three (3) days, direct the
ADO to forward the records of the FPIC application to the Office of
the Clerk of the Commission or the Regional Director to forward the
CNO together with all accompanying documents within ten (10) days from
receipt of the directive. Within ten (10) days from receipt of a copy of the
petition, the concerned Regional Director may file a comment to the petition,
attaching therewith such evidence other than those included in the records of
the FPIC application indorsed to the Commission.

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Section 71. Summary Proceedings to Resolve Petition. In the course of its

proceedings, the Commission may require the submission of additional
evidence or the conduct of clarificatory hearings, after which, the
Commission shall resolve the petition within thirty (30) days from the Order
submitting the case for resolution. Only one motion for reconsideration shall
be allowed which must be filed within ten (10) calendar days from receipt of
the decision, resolution or order, with proof of service that a copy of the
motion was furnished the other parties to the petition.
PART X FINAL PROVISIONS
Section 72. Applicability to Pending Applications. This Guidelines shall apply

to all applications for issuance of Certification Precondition and Issuance of
Certificate of Free and Prior Informed Consent by the IP/ICC received
after the effectivity of this Guidelines; Provided, however, That in cases where
the application was already received but no FBI was commenced due to failure
of applicant to pay the required fee, such application shall still be covered by
this Guidelines.
Section 73. Separability Clause. In case any clause, section, sentence, or

provision of this Administrative Order or any portion hereof is held or declared
unconstitutional or invalid by a competent Court, the other sections or
portions hereof which are not affected thereby shall continue to be in full
force and effect.
Section 74. Repealing Clause. This Administrative Order repeals NCIP AO-
01, Series of 2006. The provisions of other Circulars, Memoranda, and
Administrative Orders, issued by this Commission, inconsistent herewith
or contrary to the provisions hereof are hereby repealed or modified
accordingly.
Section 75. Effectivity. This Administrative Order shall take effect fifteen
(15) days after its last publication in a newspaper of general circulation
and registration in the Office of the National Administration Register, U.P.
Law Center, Diliman, Quezon City, Philippines.

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Approved this 13th day of April 2012, at Quezon City, Philippines.
NCIP ADMINISTRATIVE ORDER NO.4 Series of 2012
REVISED OMNIBUS RULES ON DELINEATION AND RECOGNITION OF

ANCESTRAL DOMAINS AND LANDS OF 2012
Pursuant to Article II Section 22, Article XII Section 5, Article XIV Section 17
of the Philippine Constitution of 1987 and the provisions of RA 8371 and its
implementing rules and regulations, the National Commission on Indigenous
Peoples (NCIP) hereby adopts and promulgates the following Rules on
Delineation and Recognition of Ancestral Domains and Ancestral Lands
(ADs/ALs) of 2012.
PART I PRELIMINARIES AND DELINEATION PROPER RULE I GENERAL

PROVISIONS
Section 1. Title. This Rules shall be known as the “The Revised

Omnibus Rules on
Delineation and Recognition of Ancestral Domains and Ancestral Lands of
2012.” Section 2. Coverage. This Rules shall cover the following:
a. Applications for CADT/CALT pursuant to Republic Act 8371,
Indigenous Peoples
Rights Act (IPRA) and its Implementing Rules and Regulations (IRR);
b. Conversion of CADCs/CALCs issued by DENR pursuant to Special
Order No. 31, series of 1990, and Department Administrative Order No. 2,
(DAO 2) Series of 1993.
c. Ancestral Domains Sustainable Development and Protection
Plan (ADSDPP) Formulation for the CADT applied area, as far as practicable.
Section 3. Definition of Terms. In addition to the definition of terms found

in Sec. 3 of RA
8371, and Sec. 1, Rule II of the IRR, which are hereby adopted as part of this
Rules, the following terms as used in this Rules shall mean:
a. Accuracy - it is a measure of how close a given measurement is to
the absolute or true value of the quantity measured.
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b. Amendment Survey (Amd)- refers to the changing of the

boundary lines, increasing or reducing the number of corners,
consolidating and subdividing a previously surveyed area without including
any new area already included in other surveys previously approved.
c. Certificate of Ancestral Domain Claim (CADC)/Certificate of
Ancestral Land Claim (CALC) - refers to that Certificate issued by the
Department of Environment and Natural Resources(DENR) recognizing the
claims of ICCs/IPs to their ALs/ADs.
d. Chief of Survey Party (COP) – refers to the head of the survey
team who conducts the survey activities.
e. Community Delineation Team (CDT) - refers to that group
constituted in the Community Service Center (CSC) which is not under any
Provincial Office that is tasked to gather, process, and field validate proofs,
produce or re-produce pertinent documents and papers for the processing of
CADT/CALT applications.
f. Consolidation and Subdivision Survey (CSD)- refers to survey of
more than two contiguous lots merging to form a single lot and a single lot
subdivided into two or more lots, respectively.
g. Erroneous Survey – refers to any survey failing the level of
technical requirements as stated in this Rules and other pertinent laws.
h. Geodetic Control Point (GCP) - refers to a point, permanent in
nature, used in surveys as reference, which is established through: (a)
Conventional Method - triangulation, trilateration, and any combination
thereof, together with leveling and astronomical observation in order to
determine the accurate geographic position of the point taking in
consideration the curvature of the earth; and, (b) Satellite survey such as
that used in Global Positioning System (GPS)Technology.
i. Global Positioning System (GPS) Instrument- refers to the
instrument used to obtain positional data by using the constellation of
satellites orbiting around the earth at a high altitude. For the purpose of this
Rules, the said instrument must be a survey grade instrument.
j. Elder/leader – An elder/leader emerges from the dynamics of
customary laws and practices; they evolve from a lifestyle of conscious
assertion and practice of traditional values and beliefs. They are recognized
as authority in conflict resolution and peace-building processes, on
spiritual rites and ceremonies and in doing so, possess the attributes of
wisdom and integrity. They lead and assist the community in decision-
making processes towards the protection and promotion of their rights and
the sustainable development of their ancestral domains.
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k. IP Representative - refers to a member of the ICC/IP community,

family or clan, and of legal age, duly authorized in writing and under oath,
to represent them in the filing and processing of the appropriate application
for the issuance of CADT/CALT.
l. Migrant – for purposes of this Rules, refers to a person who is not
a native to the ancestral domain or not a part owner of ancestral land but who,
as a consequence of social, economic, political or other reasons, such as
displacement due to natural disasters, armed conflict, population pressure, or
search for seasonal work, opted to occupy and utilize portions of the ancestral
land/domain and have since then established residence therein.
m. Notice to Proceed - refers to the notice issued by the concerned
Regional Director to the Contracted Private Geodetic Engineer ordering
him/her to commence the survey or other related activities.
n. Original Survey - refers to the survey of areas not yet surveyed
for the purpose of titling.
o. Perimeter Survey –refers to the type of survey used to determine
the distance and direction of boundary lines and the total land area of the
AL/AD.
p. Project Control Points (PCP)- refer to reference points used in
surveys over areas of limited extent, which are established by traverse,
triangulation, or a combination thereof, together with levelling and/or using
GPS in order to determine the position of control points in between stations of
geodetic accuracy.
q. Provincial Delineation Team (PDT)- refers to that group
constituted on the Provincial level that is tasked to gather, process, and field
validate proofs, produce or re-produce pertinent documents and papers for
the processing of CADT/CALT applications.
r. Regional Review Body (RRB)- refers to that Body constituted at
the Regional level that shall review and evaluate documents related to the
delineation and recognition of AL/AD before any endorsement by the Regional
Director.
s. Re-Survey - refers to a survey undertaken on an AL/AD with an
existing approved survey for the purpose of correcting the technicalities of
the survey previously made, such that the original survey output is rendered
void and replaced with the re-survey output.
t. Self-delineation -refers to the identification and determination by
the ICCs/IPs of their AL/AD, and the extent and traditional boundaries thereof.

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u. Survey Authority (SA) - refers to an order issued by the Director of

the Ancestral Domains Office (ADO) authorizing a duly accredited private
Geodetic Engineer or those under the employ of partner agencies/institutions
to conduct surveys of AL/AD.
v. Validation - refers to the review and verification of the identity of
the applicant and the veracity, sufficiency and authenticity of documentary
requirements submitted. It may include actual ground validation.
w. Verification Survey - refers to the process of verifying on ground
a completed, reconstituted or reconstructed survey to determine its
correctness.
x. Witness Monuments - refers to two or more points, with known
position, used to define the location of an inaccessible /submerged boundary
corner.
y. Work Order (WO) - refers to an order issued by the NCIP
that authorizes its
Geodetic Engineer to conduct surveys on AL/AD.
z. Work and Financial Plan (WFP) – refers to the detailed
delineation and titling activities and the corresponding budget allocation(NCIP-
ADO Form No. 4).
Section 4. Objectives. This Rules aims to:

a. Promote and protect the native title and other rights of
ICCs/IPs
to their ADs/ALs;
b. Affirm and defend the cultural integrity of the ICCs/IPs in
order
to ensure their economic, social and cultural well-being;
c. Consolidate and enhance issuances, guidelines, and/or
rules promulgated by the Commission in order to make it more
efficient, effective and economical in the delineation and recognition of
ADs/ALs and crafting of the ADSDPP;
d. Identify roles and accountabilities of the ICCs/IPs,
NCIP,Local
Government Units (LGUs), participating private sector organization/s
(PSO), and other stakeholders in the delineation and recognition of
ADs/ALs; and
e. Enhance the harmonization of various government policies
affecting ICCs/IPs.

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Section 5. Guiding and Operating Principles. In implementing this

Rules, the following operating principles shall be observed:
a. Self-delineation. Self-delineation shall be the guiding
principle in the identification and delineation of ADs/ALs. As such, the
ICCs/IPs concerned shall have a decisive role in all the activities pertinent
thereto. Corollary to this, there shall only be one CADT for every ancestral
domain.
b. ALs/ADs are Private Lands. ADs/ALs are private lands under
the concept of Native
Title.
c. Rights of other people within the domain. The rights of non-IPs
or IPs within the AD and who are not co-owners thereof, validly acquired, shall
be recognized and respected.
d. Primacy of Customary Law. In the resolution of all conflicts
involving ADs/ALs, the primacy of applicable customary laws shall be observed.
e. Non-transferability of CADTs. CADTs issued over delineated
ADs are non- transferrable.
f. Cultural Integrity. The holistic and integrated adherence of
IPs/ICCs to their respective IKSPs, their character, their identity as a people and
their assertion over their territory shall remain inviolable. All activities
pertinent to the identification, delineation and recognition of the ADs/ALs of
ICCs/IPs shall be in consultation with them and measures must be undertaken
to ensure that the culture and traditions of the concerned ICCs/IPs are
respected, applied and/or utilized in the process. Hence, the principle one
CADT for every AD.
g. Inter-agency and Non-Government Organization/s (NGO/s)
collaboration and Community Support. The participation of the concerned
ICCs/IPs is indispensable and the collaboration of other government
agencies in the process of delineation shall be greatly encouraged and
vigorously pursued. The NGO/s actively assisting, and/or formally authorized
by the IPs/ICCs and duly accredited by the NCIP may collaborate in specified
areas/levels of the delineation process. The respective roles of all participating
groups or agencies shall be specified in a Memorandum of Agreement (MOA)
executed for the purpose.
h. Peace-Building. The delineation and recognition of ADs/ALs
should foster national unity, peace and development.

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i. Existing Property Rights Regimes. Property rights within the

ancestral domains already existing or vested upon effectivity of IPRA shall be
recognized and respected.
j. Philippine Reference System 1992 (PRS92). The Geodetic
Engineer authorized to undertake the survey of ADs/ALs shall use the
geodetic control network adopted in 1992 as the standard reference system
for all surveying and mapping activities.
Section 6. Application and Construction. This Rules shall be liberally construed
in order to promote the protection of ICCs/IPs.
RULE II Compositions, Roles and Functions of Key Participants in the

Delineation and Recognition of Ancestral Lands and Domains
Section 1. ICCs/IPs and the elders/leaders. The ICCs/IPs, through their

authorized community elders/leaders, shall submit their written intention to
apply for CADT/CALT which shall be made an attachment of the application.
They shall identify, from among themselves or anyone from the same
applicant ICCs/IPs, the person/s who shall be their authorized
representative/s in the filing and processing of their application. Such
elders/leaders shall likewise assist the PDT/CDT and the survey team in all
undertakings related to the delineation and provide the PDT/CDT all
necessary information in support of their application.
Section 2. Representative/s of the Applicant/s. The duly authorized

representative/s of the applicant/s, who should be a resident of the applied
AD/AL, shall file and sign the CADT/CALT application and other pertinent
documents supporting the application in behalf of the community/clan/family.
He/she shall serve as liaison only between and among the community, the
NCIP and other stakeholders in all undertakings in the delineation, and extend
the needed assistance to the PDT/CDT.
Section 3. Provincial Delineation Team (PDT) or Community Delineation Team

(CDT). The PDT shall be composed of three (3) to five (5) NCIP personnel to be
headed by the Provincial Officer (POr) with members from among the
Community Development Officers (CDOs), Community Affairs Officers
(CAOs), Tribal Affairs Assistants (TAAs), Legal Officer, and Engineers. The POr,
as the Team Leader, is authorized to designate a substitute in cases where
temporary or permanent vacancy exists in any of the foregoing position.

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He/She may request the Regional Director (RD) to provide him/her with a
substitute member, from among the personnel in the Regional Office.
In the case of Provinces without Provincial Offices, the CDT, shall be

constituted and organized by the Community Development Officer (CDO)
composed of three (3) to five (5) members, with him/her as Team Leader.
The members shall be designated from among the personnel of the CSC to
be augmented by personnel from the nearest Provincial Office to be designated
by the RD, upon request by the concerned CDO.
The PDT/CDT shall perform the following functions:

a. Evaluate the completed application form, and pertinent
attachments,
if there be any
b. Prepare the WFP
c. Coordinate with all stakeholders
d. Plan and undertake the Information, Education and Consultation
(IEC)activities
e. Validate identified leaders/elders of the community
f. Assist the community in the preparation of an indicative map
of
the entire AL/AD
applied for and indicating adjacent communities
g. Gather and document information/data including census and
genealogical survey
h. Conduct community validation of all information/data
i. Provide support to the Survey Party
j. Prepare, compile and complete the AD/AL Recognition Book
k. Facilitate resolution of any issues and concerns
l. Evaluate and Validate proofs supporting the claim
m. Such other functions related to the foregoing
There may be as many PDTs/CDTs as there are applications being processed.

In all cases, the
POr/CDO shall always act as the Team Leader.

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Section 4. Regional Review Body (RRB). The Regional Director shall

constitute an RRB composed of the Technical Management Services Division
(TMSD) Chief, the Regional Attorney (RA), and one other personnel from the
regional office. The Regional Director shall designate the Head of the RRB as he
sees fit in the best interest of the service.
The RRB shall review the PDT/CDT report and prepare and submit its findings
to the Regional Director.
Section 5. The Assistors. The Assistors, who may be the representative/s of

those mentioned below, may assist the PDT/CDT in all its responsibilities in the
delineation process, except in the validation and
evaluation of evidence/proofs:
a. Indigenous Peoples Organization (IPOs) in accordance with the
NCIP Rules on
IPO Accreditation. Provide support/assistance to the NCIP during the
delineation process.
b. LGU/s. Provide available data and technical and financial support
in the conduct of the delineation. The IP mandatory representative shall be the
LGU representative; otherwise, the person should be somebody accepted by
the community.
c. Department of Agrarian Reform (DAR) field office/s. Issue
corresponding certification whether or not there are areas within the AD/AL
with issued CLOAs or identified to be under the Comprehensive Agrarian
Reform Law (CARL) coverage.
d. DENR field office/s. Issue corresponding certification identifying
therein issued titles, approved surveys and other tenurial instruments over
portion or the whole of the AD/AL; and provide copy of sketch maps,
approved survey plans and/or other records pertinent to the application.
e. Land Registration Authority (LRA). Undertake common
projection of surveys; issue corresponding certification identifying therein
existing judicial and other titles affecting or overlapping the AD/AL and
consequently, endorse to the Register of Deeds (ROD) of the concerned
province/city where AD/AL with issued CADT/CALT is located to effect
registration.
f. NGO/s actively present in the applicant community duly
authorized by them and accredited by NCIP. Assist in all stages of the
delineation process or aspects in support of the same.

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Section 6. Survey Party. The Survey Party, is composed of team or teams

headed by a Geodetic
Engineer authorized by the NCIP to conduct surveys over ancestral
lands/domains
RULE III PROOFS REQUIRED IN CADT/CALT APPLICATION
Section 1. Proofs 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 owner/s which shall be any one
(1) of the following authentic documents:
a. Written accounts of the ICCs/IPs customs and traditions;
b. Written accounts of the ICCs/IPs political structure and institutions;
c. Pictures showing long term occupation such as those of old
improvements, burial grounds, sacred places and old villages;
d. Historical accounts, including pacts and agreements concerning
boundaries entered
into by the ICCs/IPs concerned with others ICCs/IPs;
e. Survey plans and indicative maps;
f. Anthropological data;
g. Genealogical data;
h. Pictures and descriptive histories of traditional communal
forests and hunting grounds;
i. Pictures and descriptive histories of traditional landmarks such as
mountains, rivers, creeks, ridges, hills, terraces and the like; or
j. Write-ups of names and places derived from the native dialect of the
community.
The PDT/CDT, RRB, RD, ADO or Commission, in the exercise of sound

discretion, may require the submission of additional proofs.
Section 2. Sworn Testimonies of Elders/ Leaders. Sworn testimonies shall be

given by at least four (4) elders/leaders, attesting, among others, to the
following:

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a. The identity of the ICCs/IPs, including their leaders and original

settlers, based on ethno-history;
b. The fact that they have possessed, occupied, claimed and used the
territory and the
resources therein as AD/AL claim since time immemorial;
c. The description of the metes and bounds or traditional landmarks
of the AD/AL claimed, as well as the land use practiced; d. Customs and
traditions related to land;
e. Customary practices on boundary conflict resolutions;
f. Landmarks and boundary markers (include survey plans and sketch maps);
g. History, including pacts and agreements concerning boundaries;
h. Political structure and institutions and identity of leaders and original
settlers.
The PDT/CDT shall adopt appropriate techniques to draw from the

elders/leaders substantial and additional facts through searching questions,
focused group discussions (FGDs), time lines, sketches and such other
information that the elders/leaders could voluntarily and freely
communicate, to be made part of their sworn testimonies.
The PDT/CDT shall help the elders/leaders place their testimonies in

proper form. Such testimonies shall then be read and translated to each of
them in the language/dialect he/she speaks and understands. After affirming
the contents of his/her testimony placed in proper form to be true and correct,
he/she shall sign or thumb-mark the same and have it subscribed before a
person authorized to administer oath. Where the elders/leaders could not
sign and can only affix his/her thumb-mark, a community member who knows
how to read and write must sign as witness.
Testimonies that may be electronically-recorded shall be subsequently

transcribed in English and certified by the NCIP documenter. All photographs
and/or video coverage taken during the documentation must be properly
labeled and certified by the NCIP photographer/video operator.
Testimonies of persons who are not co-applicants but with in-depth or

authoritative knowledge of the history and culture of the ICCs/IPs may also be
secured as corroborative evidence.

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Section 3. Written Accounts. These are accounts in writing about the particular
ICCs/IPs, their customs and traditions, political structures and institutions,
other lifestyles or cultural expressions, which may include anthropological
data, etymology of names and places derived from the native dialect of
the community and such other records in writing containing a recitation
of the community’s history.
Other sources of secondary data or information shall be properly named/cited

or acknowledged.
Section 4. Indicative Maps. These are graphic representations of the ancestral

domain/land actually occupied, possessed and accessed in the past and/or at
present by the community and its corresponding use, the traditional and
natural landmarks, and the boundaries of the AD/AL and its adjacent areas.
Said map shall be overlaid over the NAMRIA topographic map.
Section 5. Genealogical data. This consists of a chart showing the

relationships between/among present claimants and their predecessors,
who lived in the same territory at least three (3) generations earlier than the
present generation, the latter being the ego, for CALT application. In the case
of CADT, applying the three-generation rule, the genealogical charts of at least
five (5) informants composing the majority of the ICC population must be
submitted.
The Genealogical Charts shall be presented to the ICCs/IPs for validation.

The head/s of the clan/s whose genealogy was illustrated shall affix his/her
signature/thumb-mark to attest to the truth of the information therein and
certified to and witnessed by the PDT/CDT members present during the
validation.
The Genealogical Verification Report shall then be prepared by the PDT/CDT. It

shall include pictures evidencing the conduct of the genealogical survey.
Section 6. Pictures. Pictures are still photographs depicting and illustrating the:
a. traditional landmarks such as mountains, rivers, creeks, lakes,
ridges, terraces, sacred places, hunting/ fishing grounds, and the traditional
use of resources with detailed description of their importance to the lives of
the claimants;

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b. physical evidence of long term occupation or settlements such as

old structures and improvements, burial grounds and sacred places; and,
c. artifacts owned by the ICC/IPs.
The pictures of the places and objects taken with the ICC representative/s in
the foreground or background to establish authenticity, describing in a label
what the picture depicts, identifying therein the date when it was taken as well
as the photographer.
Section 7. Census and List. For purposes of this Rules, census shall refer to
the process of coming up with the list of community members found in the
AD/AL without prejudice to the inclusion of the names of non-resident
members if available. The census may include the following:
a. migrant IPs residing within the ancestral domain/land, and,
b. non-IPs residing within the ancestral land/domain.
The list shall be validated by the applicants through their recognized

elders/leaders who shall affix their signatures/ thumb-marks in all the pages
thereof. Any member of the PDT/CDT present during the validation shall
certify that the list was presented to the community for validation by affixing
his/her signature in all pages.
Section 8. Supporting Documents. The following may be considered as

documents in support of the CADT/CALT application:
a. The resolution recognizing the elders/leaders who served as key
informants, together with the minutes of the said assembly, certified by
PDT/CDT;
b. The resolution recognizing the NGOs/LGUs as assisting partners in
the
delineation;
c. Minutes/Report/s on conflict or dispute resolution conducted
or documented by PDT/CDT;
d. Minutes of all activities conducted and facilitated by the
PDT/CDT during the delineation process;
e. MOAs relevant to delineation process, executed between the
community and assisting
NGOs, LGUs or other entities;

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f. Pacts or agreements between the applicant community

and
the adjacent community/ies or private property owner/s;
g. Photographs documenting the activities relative to the delineation.
RULE IV PROCEDURES AND REQUIREMENTS FOR THE ISSUANCE OF

CERTIFICATE OF ANCESTRAL DOMAIN TITLE/ CERTIFICATE OF ANCESTRAL
LAND TITLE (CADT/CALT)
A. DELINEATION OF ANCESTRAL DOMAINS/LANDS
Section 1. Application/Petition; By Whom and Where filed; Form and

Content. The duly notarized application/petition shall be filed by the
authorized Elder/Leader or ICC/IP Representative with the nearest NCIP
Community Service Center (CSC), Provincial Office (PO) or Regional Office (RO)
in the prescribed NCIP form (NCIP-ADO Form AD-1 for AD and NCIP-ADO
Form AL-2 for AL), and shall contain the following basic information:
a. Name/s of CADT/CALT applicant;
b. Tribe/ethno-linguistic group;
c. Specific location/coverage of the AD/AL;
d. General information of the land/domain applied for, including its
estimated area; and
e. Signature/s or thumb-mark/s of applicant or duly authorized
representative/s of the clan/family/ individual or community.
Section 2. Attachment to the Application/Petition. The application/petition for
CADT/CALT shall be supported by the following documents/writings:
a. For CADT application – Sworn Letter or Resolution of Intent signed
by the majority of the traditional Council of Elders/Leaders stating therein that
the application was a community decision arrived at in accordance with
customary processes, and that the area subject of their application/petition
is their ancestral domain since time immemorial.
b. For CALT application – Sworn Letter or Resolution of Intent signed
by the ICCs/IPs applicant stating therein that the area subject of the
application/ petition is their ancestral domain/land since time immemorial,
and where the presence of other co-owners is apparent, their duly verified
conformity.

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Where the application is to be accomplished and filed by a representative of

the CADT/CALT applicant, the representative/s must submit the
Authorization/Special Power of Attorney constituting him/her/them as the
legal representative/s which, among others, must indicate the personal
circumstances of such representative/s and the nature, extent and term
of the authority granted.
Such authority of the representative shall automatically cease upon the

approval of CADT/CALT application by the Commission unless earlier
revoked at the instance of the community/clan/family granting said
authority.
Section 3. CADT/CALT Application Record Book (CARB). Each PO or CSC, as

the case may be, shall maintain a logbook of CADT/CALT applications which
shall be known as CADT/CALT Application Record Book (CARB). Immediately
upon receipt of the application, the same shall be recorded in the CARB,
provided however, that in cases where the application was submitted and
received by the National, Regional or CSC office with PO, the same must
be immediately transmitted to the PO or CSC for entry in the CARB. The
CARB shall contain basic information on time and date of receipt, name and
address of the applicant, assigned control number and the signature of the
personnel making the said entry.
Section 4. Constitution of Provincial Delineation Team (PDT) or Community

Delineation Team (CDT). The Provincial Officer (POr) or CSC head shall
constitute and organize the PDT or CDT following Part I, Rule II, Section 3
above.
Section 5. Initial Review and Evaluation. The PDT or CDT, as the case may
be, shall review and evaluate all documents/proofs supporting each
application/petition including the attachments and other documents
required in Rule IV, Sections 1 and 2 to determine the sufficiency of the
application. They may conduct field validation to ascertain the due execution
and substance of the submitted documents, if deemed necessary. If found
sufficient, within ten (10) days from evaluation, the PDT/CDT shall transmit
a copy of the application/petition together with the pertinent attachments
to the Director of Land Management Bureau (LMB)and the concerned
Regional Executive Director (RED) of the DENR, pursuant to Section 53(f)of
IPRA, by registered mail with return card. The Ethnographic Commissioner shall
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likewise be furnished copy of the same. If it is identified that there are other
government agencies that will be affected by the application, they shall also be
notified of the same.
If, upon initial review and evaluation, the application is found insufficient, the
applicant shall be directed to submit additional proofs, otherwise, no further
action shall be taken.
Section 6. Preparation of Work and Financial Plan (WFP). The WFP shall be
prepared by the PDT/CDT with the participation of the CADT/CALT applicant;
participating NGO/s recognized by the community, if any; concerned LGU; and
other partner agencies after the requirements in the preceding sections are
found to be sufficient. The participation, undertaking, and/or
counterparts and other agreements of the concerned community, partner
NGO/s, LGU/s, and other partner agencies shall be clearly stipulated in the
WFP. The WFP shall be endorsed by the concerned NCIP Regional Office to ADO
for review and evaluation. Thereafter, the WFP shall be returned to the
PDT/CDT for the signatures of the parties, duly noted by the Regional Director.
The signed WFP shall then be transmitted to Central Office for signing by the
ADO Director, FAO Director, concerned Ethnographic Commissioner and the
Chairman. Copies of the accomplished WFP shall be furnished to the
applicant, ADO, Finance and Administrative Office (FAO), Commission on
Audit (COA), RO, the Commission, thru the OED, and partner agencies, if any.
In cases of applications fully funded by the applicants, or from sources other

than the NCIP, the WFP shall be reviewed by the RO. After favorable
review, the WFP shall be returned to the PDT/CDT for the signature of the
parties. The signed WFP shall then be noted by the RD and concerned
Ethnographic Commissioner. Copies of the accomplished WFP shall,
thereafter, be furnished the applicant, ADO, FAO, and the Commission, thru
the OED.
The duly accomplished WFP should be reflective of the principles of economy,

sufficiency and efficiency and shall constitute the agreement between and
among the parties.
Section 7. Contents of Work and Financial Plan (WFP). The WFP shall contain
the following:
a. Names of the parties;
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b. Date of preparation;
c. Specific location of the project;
d. Approximate total AD/AL area;
e. Estimated total IPs population/right holders;
f. Ethnic group/s living in the area;
g. Kind of application;
h. Brief description of the landscape of the area;
i. Status of the accomplished activities, if any;
j. Total amount needed to complete the project;
k. Initial amount already expended, if any;
l. Source/s of funds;
m. Specific activities and duration;
n. Physical output indicator for each activity;
o. Name, address and contact number/s of representatives of assistors,
if any;
p. Specific activities clearly indicating the counterparts of the
assistors or any support group/s; and,
q. Such other undertakings or agreements of the parties, if any.
Section 8. Notification of Delineation Activities to Stakeholders. At least

fifteen (15) days prior to the conduct of the delineation activities, the
PDT/CDT shall notify in writing all stakeholders including, but not limited to:
a. Applicant ICCs/IPs;
b. Adjacent communities/lot owners;
c. Regional Executive Director concerned
d. Government agencies claiming jurisdiction over the area applied for,
if any; and
e. Concerned LGUs.
The Notices shall specify the venue, date and time and shall be delivered
preferably by personal service, registered mail with return card, or other
modes of delivery most convenient and speedy to ensure receipt by the
addressee. The PDTs/CDTs shall keep a record of receipt of the same.
Notices written in the local dialect shall also be posted in conspicuous public
places within and adjacent to the AD/AL. It shall include information on the
Application/Petition and an invitation to attend the Information, Education

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and Consultation (IEC) where the concerns of the stakeholders may be

presented and addressed.
Such Notices shall also be sent and posted prior to the conduct of the
following activities:
a. Validation of documents by the community;
b. Ocular inspection;
c. Meetings for boundary conflict resolution;
d. Actual ground survey; and e. Map validation
Failure to attend the aforesaid meetings by concerned agencies shall not

prevent the PDT/CDT from proceeding with the scheduled delineation
activities.
Section 9. Community-wide IEC. For CADT applications, the PDT/CDT shall

conduct IEC activities with the ICCs/IPs and stakeholders to discuss the salient
features of RA 8371, with emphasis on the principles of self delineation,
communal ownership, cultural integrity, native title, rights, and
responsibilities of the ICCs/IPs relative to their AD, as well as the metes and
bounds of such AD, and the contents of the WFP, including tasks,
responsibilities and counterparts of the applicant in the delineation process. It
shall likewise include the validation of elders/leaders as well as the
preplanning consultations for the ADSDPP formulation.
For CALT applications, IEC activities shall be undertaken in a manner to be

arranged and agreed upon between the PDT/CDT.
Section 10. Validation and Research on the Community’s Political

Structure. The PDT/CDT shall validate the list of elders/leaders (for CADT
applications) or authorized representative/s (for CALT applications) submitted
to the NCIP as appearing in the application. To determine whether the
customary manner in selecting/identifying elders/leaders or representative/s
has been followed, the PDT/CDT shall conduct research on the ICC/IPs’ socio-
political structure/institution or traditional governance.
Section 11. Data Gathering and Documentation. The PDT/CDT shall assist
the ICCs/IPs in the gathering of the testimony of elders/leaders, historical

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accounts, genealogical data, census of population, preparation of the

indicative map and other secondary data.
The PDT/CDT shall secure a certified list of data or information affecting the
AD/AL applied for from the appropriate government agency/ies and private
institutions or persons, on the following:
A certified copy or list of any of the following data issued by the concerned
agency, shall be secured by the PDT/CDT, if the same affects/involves the
applied area:
a. resource use permits, grants and other instruments entered
into/ issued by the government through its agencies/ LGU;
b. proclamations, laws, orders, zoning ordinances, decisions of
courts and other tribunals involving the ancestral domain/ land
or portion thereof.
c. proof of ownership over land within the ancestral domain which has
been vested prior to the effectivity of IPRA;
d. public/ private agreements/ contracts entered into by ICCs/ IPs
involving transfer of rights over land, prior to the effectivity of IPRA;
e. institutions or entities having interest in the ancestral domain/ land
which may affect the ICC/IPs’ right to effectively exercise acts of ownership;
f. sketch maps, approved survey plans and/or other records to identify
boundaries or adjacent owners; and
g. applications for issuance of title or certification on fact of absence of
application.
At this stage, the identified working groups for the ADSDPP formulation
shall conduct a participatory baseline survey, focusing on the existing
population, natural resources, development projects, land use, sources of
livelihood, income and employment, education and other concerns. The
survey shall include the documentation of the ICCs/IPs culture or IKSPs and
historical accounts or inventory of documents relative to the sustainable
development and protection of the ancestral domain. It shall likewise include
the appraisal of the quality and quantity of existing natural resources in the
ancestral domain. The baseline survey shall target both secondary and/or
primary data with the aid of survey instruments and procedures.
The working group shall assess the data/information, identify and prioritize
problems/issues and concerns, determine needs and gaps, and try to

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understand the underlying causes and how particular problems affect

particular sectors of the community. The output shall be presented to the
community for validation of its accuracy and reliability before proceeding to
the succeeding steps of the ADSDPP formulation process.
Section 12. Ocular Inspection. The PDT/CDT, together with the Council of
Elders/Leaders or their representatives, shall conduct ocular inspection to:
a. Verify traditional, physical and cultural landmarks or boundaries
of
the AD/AL;
b. Determine the existence of boundary conflicts, if any;
c. Verify and confirm the actual location of sacred/worship
places,
burial, hunting, gathering, collecting, fishing grounds and other proofs of long
time possession and ownership within the AL/AD;
d. Ascertain the presence of holders of existing and/or vested
property rights in the applied area. In case there is such a holder, the same
shall be required to submit evidence thereof.
Section 13. Validation of Proofs. All documents/proofs supporting the

application shall be validated by the applicant in an assembly convened for
the purpose and facilitated by the PDT/CDT to secure the appropriate
confirmation. The result of the baseline survey and assessment of the
working group on the ADSDPP formulation shall likewise be presented.
Section 14. Social Preparation Accomplishment Report (SPAR) for Issuance of

Work Order/Survey Authority. The PDT/CDT shall prepare a SPAR
summarizing the activities conducted and list of validated proofs to be
submitted to the RRB. The SPAR shall contain the following:
a. Introduction, consisting of brief description of the project and its
purpose.
b. Background, describing and identifying the rights holders; History
of the people and the area, including its geography and access thereto;
Political, social and economic situation; and availability of infrastructures and
communication facilities.
c. Discussion on: (a) Preliminary Activities which should include
meetings conducted; coordination with applicants, government agencies,
nongovernment agencies and other entities having direct or indirect
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interests in the area, partnerships and other relevant activities

undertaken; (b) Social Preparation – a narrative description in the
implementation and conduct of the activities enumerated below including the
problems encountered and how resolved, and if not, what are the planned
actions to be undertaken, hindering factors as well as other factors that
aided the accomplishment of the activity, status of each activity,
extent of the accomplishment, involved entities and other relevant
information useful for evaluation and assessment. Special emphasis must
be given the following: IEC, Validation of proofs, Genealogical survey,
Census, Conflict resolution, and Research particularly on survey-related data
and information; and, c) baseline survey resulting from the data gathered for
the ADSDPP formulation and the corresponding assessment.
d. Attachments/Annexes, which shall include Copy of approved
MOA/MOU signed by the NCIP Chairman, if any, in cases where there are
counter-parts from the applicant, NGO, LGAs, LGUs, or other entities; Copy of
the agreements/s on the Resolution/s of boundary conflicts/disputes or
tenurial concerns; Photo documentation or Photocopy thereof; and other
relevant documents
The SPAR shall be submitted within forty five (45) days from the last
activity and shall be accompanied by a copy of the initial compilation of
required proofs gathered and validated.
Within 15 days from receipt of the SPAR, the RRB shall review and evaluate the
same and shall consequently submit a report thereto to the Regional
Director. If the RRB, upon review, finds that the SPAR is insufficient, it shall
inform the PDT/CDT of such insufficiency for the latter to comply or submit
the lacking documents/evidence; otherwise, the RRB shall endorse their
report/evaluation to the RD.
The RD shall, within five (5) days from the receipt of the RRB report,
endorse the same to the
ADO Director for the issuance of WO or SA, as the case may be.
Section 15. Commencement of Survey Activities. The RD shall direct the

commencement of survey activities within fifteen (15) working days from
receipt of the WO/SA with notice pursuant to Part I, Rule IV, Section 8 of this
Rules.

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Section 16. Mission Planning. The Survey Party, PDT/CDT, members of

the Community Working Group (CWG)for the ADSDPP formulation, and other
stakeholders shall conduct the mission planning, which activity will include
discussion on the conduct of survey and procedures to be observed, and the
roles, functions and responsibilities of key participants during the conduct
of the survey activities and planning stage of the ADSDPP formulation.
For PDT/CDT members who will not be involved in the actual ground
survey and data processing, they shall proceed to undertake the planning
stage in the ADSDPP formulation, to include IP/AD development framework
formulation, program/project identification and prioritization, taking into
account the interface of IP/AD development framework and already existing
government policies/plans/programs/projects, rules and regulations and
formulation of management plan.
Section 17. Establishment of Project Control and Perimeter Survey. The Survey
Party shall establish project controls. The Perimeter Survey shall be in
accordance with Part II, Rule II, Section 1 of this Rules, and undertaken with
the participation of the duly authorized ICC/IP representative/s.
Section 18. Survey Returns; Initial Verification and Projection. Survey

Returns of AD/AL shall be prepared by the Chief of Party and submitted
to ADO for initial verification and projection. Should the ADO find any
technical defect, it shall cause the correction of the same, otherwise, the
survey plan shall be presented to the community/applicant for validation.
Section 19.Survey Plan Validation. The survey party and PDT/CDT shall
present the survey plan to the community/applicant or their representative/s,
as well as adjoining/adjacent community/ies or owner/s identifying the
landmarks and actual sites in relation to the boundary corners in the plan for
their validation or confirmation.
The duly authorized representative/s of the applicant community/clan/family

or the council of leaders/elders and the PDT/CDT members shall affix their
signatures to confirm the plan. Said process shall be properly documented.
Section 20. Notice and Publication of CADT/CALT Application. The PDT/CDT
shall cause the publication and posting of the CADT/CALT application in the
manner provided for under Section 52(g) of IPRA.
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The publication provided in the preceding paragraph shall be required in cases

of CADC/CALC conversion in any of the following instances:
a. there was no actual ground survey,
b. there was ground survey but was not published,
c. the survey is defective,
d. There is an increase in the total area, or
e. There is a change of location/coverage
Section 21. Common Projection. For purposes of common projection, after

verification of the AD/AL survey plan by ADO, a copy of the survey plan shall
be furnished the DENR, DAR and LRA for common projection. If there are
cases of overlap as determined by any of the said agencies, NCIP must be
informed forthwith of the details thereof, and the latter shall act in
accordance with existing rules or agreements.
Section 22. Approval of the Survey Plan. The ADO shall approve all surveys of
ADs/ALs. The conduct of such surveys by NCIP, cooperating agencies/
institutions or private practitioners must conform to the guidelines provided in
this Rules.
Section 23. The PDT/CDT Report – The PDT/CDT shall prepare a report
describing all the processes conducted and incorporating all supporting
documents relative thereto.
The PDT/CDT shall transmit to the RRB its report after fifteen (15) days from
the last day of publication, if no opposition in due form is received;
otherwise, Section 35 of this Rules shall apply.
Upon receipt of the report, within a period of twenty (20) days, the RRB shall
conduct an initial review and on the basis thereof, schedule a joint conference
to be attended by the concerned PDT/CDT, RRB members and the
concerned ethnographic Commissioner whenever available. The notice for the
joint conference shall include initial findings and recommendations, including
an order directing the PDT/CDT concerned to comply with and submit
additional evidence in case of deficiency.

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Within fifteen (15) days after the joint conference, the RRB shall submit its
report to the RD. If the RRB Report indicates the need to submit
additional evidence, the RD shall issue a memorandum to the PDT/CDT to
comply thereto. Upon submission of the compliance, the RRB shall reconvene
to evaluate the sufficiency of the same. If the claim is sufficient as per RRB
report, the Regional Director shall prepare his/her endorsement to the
ADO which shall form part of the Recognition Book.
Section 24. Preparation and Transmittal of Recognition Book. The

Recognition Book shall contain the following:
a. PDT/CDT Report. This refers to the final report containing
proofs, documentary evidence, writings, maps, sketches, documentations,
activities and the findings or analyses of all data/information gathered
during the investigation, evaluation, including the SPAR, survey report and
conflict resolutions, if any, prepared and signed by the members of the PDT.
b. RRB Report. This refers to the report containing the evaluation
by
the RRB of the AD/AL Recognition Book.
c. Conflict Resolution Report. This refers to the report containing
all resolutions of boundary conflict and disputes resolutions and related
documents, facilitated and decided by either the PDT or the RD.
d. Endorsement. This refers to the favourable recommendation of
the
concerned RD to ADO of the Recognition Book based on the RRB report.
All reports must be duly subscribed and sworn to, by the members of the team
who prepared the same.
Section 25. Review of Recognition Book. Within fifteen (15) days from
receipt of the endorsement by the RD, the ADO shall review the AD/AL
Recognition Book and transmit a copy of the same to the Legal Affairs Office
(LAO) for review. Should ADO and LAO find the AD/AL Recognition Book
sufficient, the ADO shall endorse the same to the concerned ethnographic
commissioner who shall issue a requisite endorsement to ADO before it can
be considered for deliberation. Upon receipt of a favourable endorsement
from the concerned commissioner, ADO shall notify the PDT/CDT to submit
seven (7) additional certified photocopies of the AD/AL Recognition Book.

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Within fifteen (15) days from receipt of the additional copies, the ADO shall
endorse the application to the Commission for deliberation.
On the contrary, should either bureau find the RB to be lacking in material

form or substance, ADO shall return the RB for submission of additional
evidence, if necessary, or for compliance to the findings and recommendations
of ADO and/or LAO.
Section 26. Requirements for Deliberation. No application shall be considered

for deliberation without the written endorsements of the concerned RD,
ADO Director and the LAO. At least fifteen (15) days before the scheduled
date for deliberation, the Executive Director shall notify the concerned RD,
PO/CDO, legal officer and other representative/s of the PDT/CDT of the
date, time and venue thereof. Within that same period, the Commission
shall notify the DENR Secretary of the same pursuant to Section 53(f) of IPRA.
Section 27. Deliberation by the Commission; By Division and En Banc. The

Commission shall deliberate on and determine the validity of the application,
sufficiency of evidence or proofs supporting AL/AD ownership, and
compliance with the requirements of IPRA, its IRR and pertinent Guidelines.
Deliberations by the Commission shall consist of three (3) readings. The First
(1st) and the Second (2nd) reading shall be conducted by the Commission
sitting in Division. The First Division shall be composed of Commissioners from
the Ethnographic regions of CAR and Region I, Region II, Region III and Rest of
Luzon, and the Island Groups and Rest of the Visayas. The Second Division
shall be composed of Commissioners from the Ethnographic regions of
Central Mindanao, Southern and Eastern Mindanao, and Northern and
Western Mindanao. Each division shall select its own Presiding Officer for the
1st and 2nd Reading. Each Division shall deliberate such
applications/petitions covering ADs/ALs.
The Third (3rd) Reading on the application/petition shall be conducted by the

Commission sitting En Banc when the same is reported out or endorsed
by the corresponding Division for consideration by the Commission En Banc.
After the 3rd reading, the Commission shall issue a formal resolution
containing its findings and final disposition on the application. Pursuant to
Sec.52(i) of IPRA, the Chairperson shall certify that the area is an ancestral

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domain. In case of denial of the application/petition by the Commission, the

ADO shall, within five (5) days from date of receipt of the resolution, notify
the applicant/petitioner of the denial, attaching to the notice a copy of the
Resolution. The notice shall indicate, among others, the remedy/ies available
to the applicant/petitioner, if there be any.
Section 28. Documentation and Report on the Deliberation. The Office of
Executive Director, acting as Secretariat of the Commission, shall, as far as
practicable, record and document all deliberations of the Commission and
shall prepare the minutes for each of the three (3) readings.
Section 29. Preparation and Signing of CADT/CALT. The appropriate

CADT/CALT in the name of the owner/s shall be prepared by ADO and
reviewed by the LAO before submission to the Commission for signing.
All members of the Commission shall be present during the final deliberation. A
majority vote of all the members of the Commission shall be necessary to grant
or deny an application.
If the CALT/CADT application is approved, the title shall be signed by the

Chairperson and the concerned Commissioner.
Section 30. Registration of CADT/CALT. The ADO through the concerned

PO/CDO shall assist the owner/s in the registration of the CADT/CALT with the
appropriate Registry of Deeds (ROD).
The AD owner/s shall bear the registration fees but shall be exempted from
payment of the
Assurance Fund premium per Memorandum Order No.179, S.2005 of the
Office of the President. In the case of AL, the owner/s shall shoulder all
registration fees including the premium for the Assurance Fund.
After the registration of CADT/CALT by the NCIP, the concerned PO/CDO shall
request from the ROD a certified photocopy of the registered title and
subsequently submit the same to ADO for record keeping.
Section 31. Awarding of CADT/CALT. The CADT/CALT shall be formally

awarded to the concerned ICCs/IPs after its registration.

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Section 32. Record keeping of CADT/CALT. All unregistered CADTs/CALTs

shall be in custody of the ADO, and shall likewise keep a record of
certified true copy of all registered CADTs/CALTs.
Section 33. Recording of Approved Survey Plan with the Land Management
Services-DENR Regional Office and Land Registration Authority. Certified copy
of the approved Survey Plans of ADs/ALs with registered title shall be furnished
the LMS-DENR Regional Office and LRA, for incorporation in their projection
map and for records purposes.
Section 34. Filing of Opposition - At anytime during the delineation process but
before the first reading, a verified opposition to the application, attached
to which is a certified copy of documentary evidence including affidavit of
witnesses, if there be any, may be filed with the PDT/CDT, RD or ADO as the
case may be, by one whose interest is affected by the delineation, on any of
the following grounds:
a. Adverse claim;
b. The application is false or fraudulent;
c. The area being claimed or portion thereof, is not an AL/AD; or
d. The area being applied for, or portion thereof, has encroached into
the adjacent or another AL/AD.
Section 35. Disposition of Oppositions. Upon receipt of the opposition, the

PDT/CDT shall exert diligent efforts to facilitate resolution of issues in
accordance with Part I, Rule I, Section 5 (d) of this Rules. If unresolved, the
PDT/CDT shall endorse the matter to the RD for resolution within a period
not exceeding thirty (30) days. For this purpose, the RD may designate a
Provincial Legal Officer or the Regional Attorney to conduct investigation and
recommend proper action to the RD. The decision of the RD shall be furnished
to the concerned parties. If any one of the parties feels aggrieved by the
Decision, he/she may appeal within ten (10) days from receipt thereof to ADO.
The notice of appeal shall be filed with the RD, who shall thereafter forward
the pertinent documents to the ADO Director. The ADO Director shall refer the
matter to the LAO for its legal opinion and on the basis of the opinion issued,
the former shall issue his/her decision thereon. The decision of the ADO
director shall be considered as one of the incidents to be passed upon by
the Commission during its deliberation on the subject application. Any action

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on the opposition taken by the ADO Director shall be communicated to the

concerned party.
Whenever the opposition lodged before the concerned office is disposed of,
the PDT/CDT, RD or ADO Director, as the case may be, shall issue a
certification to the effect that the matter in controversy was already resolved
or that a settlement agreement was reached by the parties, attaching thereto
a copy of the same.
The pendency of the investigation shall not suspend the delineation process.
Should any opposition be received by the Commission at any stage during

deliberation but before resolution, the proceedings shall be suspended and
the issue shall be remanded to the ADO or the appropriate office for action.
In no case shall the RHO assume jurisdiction over oppositions pertaining to the
foregoing.
Section 36. Resolution of Conflicts/Disputes among ICCs/IPs. Should the

conflict/dispute be between and among ICCs/IPs, the primacy of
customary law shall be observed in the resolution of the same. The PDT
shall, as far as practicable, undertake the following:
a. determine the nature of the conflict/dispute
b. initiate the customary conflict-resolution process and document
the same
c. assist the parties in the execution of a MOA in case an
agreement/settlement is reached. In case no settlement is reached, the
parties may agree in writing to segregate the contested area or enter into
some other forms of arrangement in the meantime so as not to unduly
delay the CADT/CALT processing without prejudice to future settlements or
the full adjudication of the dispute before the proper body.
d. in case of non-inclusion from the list of rights holders, said
persons whose names were inadvertently omitted as members of the
community/clan/family shall be included in the list upon request, and the
updated list, duly authenticated by the council of leaders/elders or head of
the family/or clan, shall be submitted by the applicant to the PDT/CDT.
e. The council of leaders/elders/clan/family may exclude persons
who are not entitled to be included in the list and shall thereafter submit the
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amended list to the PDT/CDT. Any aggrieved person/s may ask for
reconsideration of the above recommendation. Should it be granted, the
original list shall remain, otherwise, the matter shall be subject to conflict
resolution facilitated by the PDT/CDT. If it still remains unresolved, the
person/s concerned may have recourse to remedies allowed under existing
rules.
In no case shall the request for inclusion or exclusion affect the processing of
the application. If after the exercise of diligent efforts, no settlement or
agreement is arrived at, the processing of the application shall be suspended.
B. CONVERSION OF CADC/CALC INTO CADT/CALT
Section 37. Content of the Application/Petition. In addition to the

requirements provided under Section 22 of this Rules, the application form for
conversion (NCIP ADO Form No. PC-3 for CADC and NCIP ADO Form No. PC-4
for CALC) should include information on whether or not the area for conversion
will involve inclusion of new areas or exclusion of certain portions of the
CADC/CALC area. The particular areas for inclusion or exclusion and the
corresponding justification shall be specified in the application/petition.
Section 38. Reception and Recording of Application. Upon receipt of the

application for conversion, the same shall be recorded in the CARB.
Section 39. Initiating the Delineation Process. The concerned PO/CDO shall
constitute the PDT/CDT in accordance with Section 4 of this Rule. The PDT/CDT
shall conduct the initiatory activities as identified in Part I, Rule IV, Sections 5
to 9 of this Rules.
Section 40. Field Validation. The PDT/CDT shall conduct on site validation to
determine the correctness, sufficiency and regularity of the following:
a. Census previously conducted, if any.
b. Consent of the applicant/petitioner to the conversion of their
CADCs/CALCs into CADTs/CALTs.
c. Authority of the representative/s issued by the
community/clan/family in the application/petition for conversion.
d. Proofs and bases of the extent of the claim.

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Notice of the field validation shall be sent to the stakeholders in accordance

with Section 28.
Section 41. Completion of Requirements. The PDT/CDT shall cause the

completion of lacking documents and proofs following the processes outlined
under Part I, Rule IV, Sections 10 to 14 of this Rules.
Section 42. Verification Survey and Original Survey. For survey plans
approved by the DENR or LRA (formerly LRC), verification survey shall be
conducted in accordance with Part II, Rule II, Section 3 of this Rules and for
unapproved survey plans and indicative/sketch maps, Part II, Rule II, Section 2
shall apply.
Section 43. Completion of Process. To complete the conversion process, for

applications with verified survey plans, Sections Part I, Rule IV, Sections 20 to
33 of this Rules shall apply. For applications requiring changes of the
approved survey, applications without survey and applications with
unapproved survey plans, Part II, Rule II, Section 1 of this Rules shall apply.
Section 44. ADSDPP Formulation. In every stage of the conversion process, the
pertinent rules pertaining to ADSDPP formulation shall be observed.
RULE V APPLIED AD/AL OVERLAPPED BY PROPERTY RIGHTS
Section 1. Vested and Existing Property Rights. Vested and existing property
rights referred to in Sec. 56 of RA 8371 shall be fully recognized in accordance
with the legal terms contained therein but shall not be a bar to delineation
and recognition of ADs/ALs.
A vested right/existing right is some right or interest in property that has

become fixed or established and no longer open to doubt or controversy.
Vested Rights include Free Patent, Homestead Patent, Sales Patent,
Emancipation Patent, Certificate of Land Ownership Award and Judicially
Decreed Titles. Lands covered by such titles shall be segregated and excluded
from the Ads/ALs.
The vested or existing rights of any person within the AD/AL shall be
respected provided, however, that the rights holder shows and submits
proof/s of such rights to the PDT/CDT.
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Section 2. Resource Use Instrument (RUI). Existing contracts, licenses,

concessions, leases, and permits for the exploitation of natural resources
within the ancestral domain may continue to be in force and effect until they
expire. Thereafter, such RUIs shall not be renewed without the free and prior
informed consent of the concerned ICCs/IPs. All such existing RUIs may be
terminated for cause or upon showing that there exists a violation of the
terms and conditions contained in the MOA executed relative to said
operation.
Section 3. Possessory Rights of Migrants. Possessory rights of migrants within

the AD existing at the time of filing of CADT application, may be
respected when any one of following circumstances exists:
a. There is a duly verified written document or resolution
from the Council of Elders/Leaders or ICCs/IPs recognizing the possession
and continuous presence of these migrants and the extent of the area they
possess.
b. There is a narrative of how the applicant ICCs/IPs gave their
consent or acquiescence to the entry of such migrants identified in the
Recognition
Book; or
c. The concerned ICCs/IPs have validated such rights.
To facilitate the recognition of their rights, the migrants may be directed to

provide proofs of possession.
Section 4. Resource Use Instrument (RUI) not a Bar to Delineation. In no

case will a RUI bar the delineation of AD/AL, provided that its nature and
scope is determined and duly recorded.
RULE VI RESERVATIONS
Section 1. Ancestral Land/domain Overlapped by Reservations. The ICCs/IPs

have the right to their ADs even if portions of which are covered by
proclamations or reserved for various purposes, except those reserved or
intended for common and public welfare and service.

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In the delineation of ADs overlapped by existing reservations, the NCIP will

proceed to process the application for formal recognition following the
principle of self-delineation and the processes prescribed under the law and
existing guidelines which include the issuance by the Chairman of a
Certification declaring that the land is an AD which shall be transmitted to the
head of the appropriate government department or agency mentioned in
Section 52 (i) of IPRA. The transmittal of such certification, which shall also
be furnished the Executive Secretary, Office of the President, shall include
a recommendation that the reservation be de-established corresponding
to the area overlapped, provided that, if the overlapped area will still
continue to be for common and public welfare and services, the
recommendation shall include just compensation by the government to the
AD/AL owner/s until such use ceases.
Section 2. Cessation of Public Use. Public use is deemed to have ceased or
withdrawn wholly or partially if so de-established by subsequent proclamation
or if any of the following conditions is present prior to the filing of petition for
CADT:
a. No overt activities related to the purpose of the proclamation is
manifest or being actually pursued;
b. Managing agency / designated institution has abandoned or failed to
use the area; or
c. Proclaimed area was left idle for at least five (5) years.
PART II RULES ON SURVEYS OF ANCESTRAL DOMAINS/LANDS RULE I

ACCREDITATION OF GEODETIC ENGINEERS
Section 1. Mandate. The NCIP is authorized by law to issue survey authority or

work order and execute and approve survey of ADs/ALs.
Section 2. Who are authorized to Conduct Surveys. All AL/AD surveys shall be
conducted by geodetic engineers employed with or contracted by the NCIP or
those under the employ of an agency or organization which has an
agreement with NCIP relative to the delineation process. Geodetic engineers
validly authorized to engage in private practice or members of a partner
agency or organization who desire to conduct the survey of ADs/ALs may be
accredited and authorized by the Commission.

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Surveys to be conducted by partner agency/organization shall be covered by

a MOA with the NCIP. Private Geodetic Engineers who intend to undertake
AD/AL survey shall go through the normal bidding process in the engagement
of services of private entities as prescribed by R.A. No. 9184, otherwise known
as Government Procurement Reform Act of 2003 and Commission on Audit
(COA) rules.
Section 3. Process of Accreditation. The application for accreditation of

geodetic engineers mentioned above shall be filed with the concerned
regional office. The application shall be processed by a team headed by the
Chief of the TMSD, Engineer III, and at least one (1) Geodetic Engineer, as
members. For purposes of accreditation, the following must be taken into
consideration:
a. Competence to conduct AD/AL survey evidenced by a list of
surveyed
projects;
b. Possession of survey equipments duly registered and calibrated by
NAMRIA and LMB;
c. Certification by the NCIP that he/she has undergone orientation on
the conduct of AL/AD
surveys and Salient features of the IPRA on delineation; and
d. Certification of Good Moral Standing from the Geodetic Engineers of
the Philippines (GEP).
After satisfying all the above requirements, the team shall endorse said
application to the RD for the issuance of the certificate of accreditation. The
regional office shall furnish the ADO copy of all issued accreditations.
Questions/complaints against any accredited geodetic engineer may be raised
within thirty (30) days from issuance of the accreditation before the concerned
RD, whose decision on the matter shall be final.
Section 4. Bond of Accredited Geodetic Engineer/Contractor Geodetic

Engineer. Upon issuance of certificate of accreditation, the concerned GE shall
post a bond to be fixed by ADO to guaranty the faithful and efficient execution
of the survey. It shall also cover expenses that may be incurred resulting from
rectification of errors in the survey committed by the geodetic engineer,
without prejudice to the collection of additional charges should the extent of
damages amount to more than the posted bond.

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The bond shall continue to be in force until the surveys are completed and
approved. The bond shall be released if the survey returns are satisfactory.
However, if the ADO director issues an order rejecting or cancelling the
survey on justifiable grounds, such order shall become final after ten (10)
days from receipt by the concerned geodetic engineer, should no
motion for reconsideration be filed by the latter within said period.
The performance bond shall be in the form of a Cash Bond, to be deposited

with the concerned
Regional Office, or surety bond procured from a bonding company.
RULE II GENERAL RULES AND PROCEDURES IN THE SURVEYS OF ANCESTRAL

LANDS AND DOMAINS
A. PROCEDURES FOR THE SURVEYS OF ALs/ADs
Section 1. General Procedure. The survey of ADs/ALs covered by applications

for the issuance of CADT/CALT without an approved survey plan shall undergo
the following procedures:
a. Issuance of the Work Order/Authority to Survey and Notice to
Proceed. The RRB shall ensure substantial compliance with Part I, Rule IV,
Section 14 of this Rules before the issuance by the ADO Director of the Work
Order/Survey Authority to the concerned geodetic engineers/contractor
geodetic engineer.
Work Order/Survey Authority may be issued by phase/stage of work
such as but not limited to establishment of project controls and perimeter
survey.
Work Order/ Survey Authority shall be effective for a period of six (6)
months from issuance and may be renewed for the same period, provided
however, that the authority shall be terminated as soon as the project is
completed.
Actual survey activities must only commence from the time the Notice
to Proceed is duly issued. The POs/ROs shall recommend to the ADO Director
the composition of the Survey Party.
b. Research/Data Gathering. The Survey Team shall collect all
data/documents/materials that will facilitate the generation of the technical
description of the ancestral domain/land and Land Registration Authority

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requirements. Moreover, the Survey Party must ensure that all survey related
documents not forming part of those submitted by the community/land
owner/claimants must be researched and secured in order to facilitate the
delineation.
c. Survey Notification. All stakeholders shall be notified of the
intended survey in accordance with Part I, Rule IV, Section 20 hereof using ADO
Form No. 08. The notice, signed by the COP and noted by the POr/CDO, shall
state the date/s when the areas may be traversed by the survey team, the
names of the concerned Geodetic Engineers, and shall likewise state Section 56
of R.A. 8371.
d. Mission Planning. During the Mission Planning, the Geodetic
Engineer, together with the PDT/CDT, shall discuss with the stakeholders the
procedures involved in the survey activity and their respective functions and
responsibilities. If the area to be surveyed is located next to another ancestral
domain area, representatives from the adjoining area shall be invited to attend
the Mission Planning.
e. Reconnaissance. A field reconnaissance shall be carried out by
the Survey Team prior to the survey in order to identify the location and
existence of previously established control/reference points and possible
location of project control points to be established and route for the survey.
f. Establishment of Project Controls. In the establishment of project
controls, the Survey Team shall look for existing control/reference points
within or near the ancestral domain/land and thereafter establish new
controls for the ancestral land/domain boundaries. At least two (2)
intervisible control points are necessary in the establishment of control points,
provided, that the distance to be maintained in between each pair of control
points shall not be less than one hundred (100) meters. The survey of project
control is made using survey grade Global Positioning System (GPS) equipment
or conventional survey instruments
The project control monuments shall be placed in pairs using standard

concrete monuments measuring 30 cm x 30 cm by 100 cm, set at 70 cm on the
ground, centered by a galvanized iron spike/copper nail. The label on top of
the monument shall specify: (a) the name of the station, which may be
derived from the first three (3) letters of the province where it is located,
subject to the approval of ADO, numbered accordingly or in coordination with
DENR-FNSP; (b) the year of establishment; and, (c) the acronym of NCIP.
These project controls are installed at an interval of 5 km distance. Two or

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more Geodetic Control points shall be used in the densification of horizontal

controls using GPS.
Project controls established using GPS must at least comply with the third (3rd)
order positional accuracy requirement set by NAMRIA.
In case of project controls established using Total Stations or similar

equipment, the area, measured in hectares, of the ancestral land/domain
shall be the basis in determining the type of control to be used. Under such
condition, the following type of control as prescribed under DENR
Administrative Order (DAO) 98-12 (Revised Manual of Land Surveying
Regulations in the Philippines):
Area Type of Control
Less than 1,500 hectares Tertiary
More than 1,500-5,000 hectares Secondary
More than 15,000 hectares Primary
g. Perimeter Survey.The survey must be tied to existing reference points

of acceptable accuracy established by NAMRIA, DENR, NCIP, and other
recognized agencies pursuant to the Philippine Reference System of 1992(PRS-
92).
In areas where conventional survey instruments are to be used and
sufficient control has already been established, survey and installation of
monuments may be done simultaneously. Otherwise, the collection of
survey data for each corner shall be made only after the installation of the
monuments. Installation of monuments shall be supervised by NCIP Field
Personnel or Survey Party. The survey team must note on the record sheets all
observations and findings such as daily weather conditions, persons/entities
met/coordinated with, daily activities as well as problems encountered
affecting the conduct of the survey and the corresponding actions taken in
response thereto. Proper coordination with the field offices shall be done to
ensure successful completion of the project.
The conduct of perimeter survey shall adhere to the principle of
selfdelineation in which the traditional boundaries shall be established to
determine the metes and bounds of the ancestral domains/lands. However, if
due to more recent agreements and community consensus, the applicant
community decides that its claim is congruent to or delimited by political
or administrative boundaries, the approved technical descriptions of these

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boundaries shall be adopted. Such agreements or community consensus shall

be in the form of written resolution signed by the elders/leaders.
Community members knowledgeable of the boundaries of the ancestral
land/domain shall point out the sites/location where the monuments are to be
installed. The survey team shall thereafter prepare a sketch showing the
relative location of the markers and other related information such as
traditional names of places. Documentation thereof shall include pictures
explicitly showing the community representative pointing to the installed
monuments and identified markers.
If the area to be surveyed adjoins another ancestral land/domain, the
representative/s from the adjoining ancestral land/domain, aside from being
notified, shall send a community member knowledgeable of the boundaries
of their land/domain to join the survey team. The agreement during the
boundary conflict resolution shall be followed.
h. Data Processing, Preparation of Survey Returns and Technical
Report. The survey plan shall be prepared in accordance with cartographic
standards and specific details prescribed in Sec. 86 hereof. It shall indicate
the orientation, final boundaries, technical descriptions, footnotes, marginal
information, natural landmarks/features, technical marks and other relevant
details. It shall be conformed to by the authorized representatives of the
applicant community.
All documents that form part of the survey return shall be prepared in
prescribed ADO Forms described in Sec. 87.
i. Projection of Survey Plan. Within fifteen (15) days after the
initial verification and projection of the survey returns, a copy of the sketch
plans shall be furnished to the DENR, DAR and LRA for purposes of common
projection in order to determine if there are titled properties and lands with
approved surveys that overlap with the surveyed AL/AD. Consequently, said
agencies shall issue either a certification of non-overlap or
comments/remarks on the result of the projection.
j. Validation of Survey Plan by the Community. The Geodetic
Engineer or any member of the survey team, with the assistance of the
PDT/CDT shall present the survey plan to the applicant community/clan/family
and adjacent community/ies for validation. The applicant
community/clan/family may invite a resource person who can assist them
in analyzing the survey plan, if they so desire. Any expressed doubts or
comments shall be addressed and documented. If corrections are to be
made, the Geodetic Engineer shall cause the rectification and subject the
survey plan for revalidation by the community/clan/family before its
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finalization. The council of leaders/elders, or in their absence, the

representative/s of the applicant community/clan/family shall affix their
signatures/thumb-marks on the plan as confirmation.
The conformity of the elders/leaders/authorized representative of the
adjacent community shall be inscribed in a separate document.
k. Submission/Transmittal of Survey Returns. All survey
returns shall be transmitted by the Geodetic Engineer to ADO within
fortyfive (45) days from the termination of the community map validation.
The Geodetic Engineer shall submit electronic files of survey data,
computation results, and final plan to ADO and ensure that all survey returns
are properly authenticated, accompanied by a project completion report
prepared by the Geodetic Engineer following the prescribed form.
l. Evaluation/Verification of Survey Returns.The ADO shall verify the
survey returns transmitted by the survey team/geodetic engineer, which
process includes:
a. Preliminary evaluation through the checking of the completeness of
the survey returns
b. Recording and receiving of survey returns by assigning survey
numbers
c. Initial projection of the survey plan to determine any overlap
between the subject area and the adjoining ancestral domains/land
d. Checking the correctness of computations and preparation survey
returns
e. Final projection of the verified survey
f. Endorsement/recommendation to ADO Director for approval of the
survey plan
The verification by examination of the survey returns shall determine
the completeness and/or correctness of the following in accordance with
specifications prescribed herein:
a. Position derivation: solar/stellar observations, GPS observations
b. Computation sheets, including field notes
c. Cartographic standards in the preparation of the survey plan
d. NAMRIA certification of equipment calibration and GPS data
evaluation, in cases where
GPS equipment was used
e. Preparation of supporting documents that forms part of the survey
returns

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Upon verification, should it be discovered that error was committed in

the preparation of the survey returns, the concerned geodetic engineer
shall be directed to cause the correction or rectification of the same.
The ADO may remand survey returns based on the following reasons, but
not limited to:
1. Lack of evidence or documents showing the resolution of
boundary conflicts, if there be any; and
2. Upon complaint of ICCs/IPs concerned and sufficient evidence
showing that the results of the delineation do not actually reflect the area
being applied for, or the survey was attended by fraud, force, intimidation,
threats, deceit or stealth.
m. Publication of the Technical Description. The verified
technical
description shall be published in accordance with Part I, Rule IV, Section 20, of
this Rules.
n. Protest after Publication/Broadcast/Posting. Any protest on
the
survey shall be governed by Part I, Rule IV, Sections 34 to 35 of this Rules.
o. Approval of Survey. The ADO Director, upon the
recommendation of the Chief of the Recognition Division, shall approve the
submitted survey returns after compliance with all requirements.
B. PROCEDURE FOR THE VERIFICATION OF PREVIOUSLY APPROVED

SURVEYS AS WELL AS THOSE PENDING WITH THE DENR UPON THE PASSAGE
OF IPRA.
Section 2. General Provision. All survey plans submitted in connection

with ancestral land/domain claims previously approved for registration or
titling purposes by the DENR or LRA (formerly Land Registration Commission),
including those approved by NCIP First Commission but were not issued with
either CADT or CALT, shall be reviewed and verified by ADO. On the other
hand, unapproved survey plans submitted for the same purpose are not
subject to such review and verification, and the same shall be governed by Part
II, Rule II, Section 1 of this Rules.
The procedure for review and verification of previously approved survey plans
are as follows:

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a. Review of Survey Returns.The review of survey returns shall be

done to determine the correctness and completeness of the approved data or
record on hand and to ascertain the availability of the necessary data that can
be used as reference for the conduct of verification survey.
In cases where delineation survey was conducted using GPS
instruments, review of GPS data shall be conducted by examination of the
GPS electronic files and other GPS supporting documents.
In the absence of data necessary for verification, research shall be
undertaken for the purpose of gathering pertinent documents.
b. Verification Survey.Only NCIP geodetic engineers and/or
accredited geodetic engineers shall conduct verification survey. This
verification shall include, among others, actual inspection as to the presence
of corner monuments and survey/observation of strategic corners to
determine if indeed an actual survey was conducted and to test the
positions of corner stones/monuments. As such, the Geodetic Engineer
shall conduct test traverse, point positioning, and such other activities
provided under Sec. 621 to 625 (Verification Survey) of DAO 98-12.
Ground verification shall likewise be undertaken and this involves
consultation between and among the Geodetic Engineer who conducted
the first survey, the community-claimant, and other concerned entities.
c. Preparation of Reports and Recommendations. Within twenty
(20)
days from the completion of the ground verification survey, the NCIP
geodetic engineer and/or accredited geodetic engineer directed/contracted
to conduct verification survey shall prepare and submit a report to ADO
detailing his/her observations and findings on the review of survey returns,
and the result of his/her ground verification survey including such specific
recommendations as to the necessity of conducting resurvey, amendment
survey or correction, as the case may be.
d. Conduct of Re-Survey or Amendment Survey. Any re-survey or
amendment survey shall comply with the requirements provided in Part II, Rule
II, Section 2 of this Rules.
Section 3. Defective Surveys for Want of Authority. Defective surveys for want
of authority refers to past surveys conducted at the instance of ICC/IP
claimant, undertaken by private geodetic engineers, but without the required
authority from the NCIP or the DENR. Defective Surveys for want of authority
shall be verified by ADO following the process in Part II, Rule II, Section 2, and

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if found to be in order, the defect for want of authority shall be cured through
the approval of the plan by ADO. Otherwise, Part II, Rule II, Section 1 of this
rule shall be applied.
RULE III STANDARDS FOR DELINEATION OF ANCESTRAL LANDS/DOMAINS
Section 1. Methods of Delineation. The delineation of ancestral

domains/lands shall be conducted using conventional survey methods, GPS or
a combination of both. Delineation of ancestral waters shall be done
through GPS; for smaller areas, conventional methods may likewise be
used.
Section 2. Survey Instruments/Equipment. The following

instruments/equipment may be used in the conduct of surveys of ancestral
domains/lands: transit, theodolite, total station, steel tape, electronic
distance measurement instrument (EDM), or GPS. To ascertain that these
instruments are fit for use and capable of achieving the prescribed
survey accuracy for registration purposes and conform to the survey
standards provided under Sec. 15 to 37, Chapter II of DAO 98-12, a
certification to that effect shall be issued by the Lands Management Bureau
(LMB) or NAMRIA.
When GPS is to be used in the survey, the authorized/accredited geodetic

engineer must submit to ADO the following information for purposes of
determining whether it conforms to the survey standards provided under Sec.
58, Chapter III of DAO 98-12:
a. Type of GPS receivers (brand/model)
b. Survey technique/method
c. Elevation mask
d. Antenna setup specifications and/or antenna type e. Number of
receivers
f. Certification of Calibration and Registration of the instrument issued
by NAMRIA
Section 3. Level and Standard of Accuracy. Surveys that will require the
use of relative positioning technique shall follow the provisions provided
under Section 47 to 57, Chapter III, Part I of DAO 98-12. For geodetic and

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project control surveys where conventional survey instruments will be used,

Section 112 to 116, Chapter IV, Part I of DAO 98-12 shall apply.
Section 4. Survey Rules in the AD/AL Delineation. In locating corners for

purposes of delineating ancestral domains/lands the following rules and
techniques shall be observed:
a. Where the AL/AD area being surveyed adjoins other ALs/ADs
with
issued CADT/CALT, the corners or boundaries of the latter shall be adopted as
boundary of the former.
b. When natural features like bodies of water define the
boundaries of an ancestral land/domain, the first and last corners situated
along natural features shall be marked with monuments prescribed in Part II,
Rule IV, Section 1, items a-c. Intermediate corners along the natural features
may be marked with monuments described in Part II, Rule IV, Section 1, items
b-d.
c. In cases where bodies of water serve as the boundary between
adjoining AL/AD claim/s and its claimants opted to use the inaccessible
location of the same as their boundary, at least two (2) witness monuments
shall be established on the ground following Part II, Rule IV, Section 1, item e
hereof.
d. When peaks and ridges constitute the boundary of the AL/AD, the
corners shall be placed at appropriate distances following the general curves of
the natural features.
e. The distance between succeeding corner monuments should not
exceed 500 meters for AL.
f. For AD, a 1,000 meter-distance between succeeding corner
monuments, preferably intervisible, shall be observed. In excess of 1,000
meters, a written justification shall be submitted putting in detail the cause
and effect of such undertaking.
g. Where the AD covers coastal areas, the portion of the AD
constituting
the land area shall be surveyed/delimited separate from the water area
and the respective technical descriptions shall be described in the survey
plan. The corners defining the boundary between the land and water portion
of the AD may be used as witness monuments to the submerged/inaccessible
corners.

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RULE IV CORNER MARKERS OF ANCESTRAL LANDS/DOMAINS
Section 1. Types of Monuments or Markers. The position of points and

corners of ancestral land/domain shall be defined and marked on the
ground by monuments or markers of permanent nature, except when
corners lie near physiographic or natural features. The mixture for concrete
monuments consists of one (1) part cement, two (2) parts sand, and four (4)
parts gravel or broken stone.
The following objects shall be considered as monuments/markers of

permanent nature:
a. Boundary Monuments. For ADs, rectangular parallelepiped
concrete monuments measuring 25 cm x 25 cm x 100 cm, set 80 cm. on the
ground shall be installed, with “ADBM NCIP” (Ancestral Domain Boundary
Monument NCIP) inscribed on top. For ALs, cylindrical concrete monuments
measuring 20 cm. in diameter and 80 cm. in height or rectangular
parallelepiped concrete monuments measuring 20 cm. x 20 cm. x 80 cm., set
60 cm. on the ground shall be installed, with “ALBM” (Ancestral Land
Boundary Monument) inscribed on top. The foregoing monuments shall be
centered with a galvanized iron spike, nail, rod or conical hole (not exceeding 2
cm in diameter and not less than 1 cm in depth). Inscriptions shall be at least
0.50 cm deep.
b. Intermediate corners. Intermediate corners shall be defined by
rectangular parallelepiped concrete monuments measuring 15 cm x 15 cm x 60
cm, set 50 cm on the ground and inscribed on top with “ADBM” for AD or
“ALBM” for AL and centered with galvanized iron spike, nail, rod or conical hole
(not exceeding 2 cm in diameter and not less than 1 cm in depth). Inscriptions
shall be at least 0.50 cm deep.
c. Immovable or Fixed Hard Rocks/Boulders. The corners of the
AL/AD may be defined by immovable or fixed hard rocks or boulders with
surface exposed measuring not less than one (1) meter in diameter. The same
shall be marked either with an “x” chiseled thereon or patched with cement
putty centered with a hole, spike, or nail, and labeled correspondingly.
d. Other Monuments. The following objects shall also be
considered as monuments of permanent nature:
1. Concrete posts of fences with outside diameters measuring at
least twenty (20) cm.

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2. Living edible fruit trees or trees belonging to the first group

measuring at least fifteen (15) centimeters in diameter
3. Points on masonry or concrete walls
e. Witness Corner Monuments (WCM). When the AL/AD being
surveyed involves inaccessible/submerged corners, at least two (2) “witness
monuments” shall be established as near as possible to the said
corner/boundary. The corners defined by the witness points should be visible
from the inaccessible points. The witness corner may be set using a
cylindrical concrete monument that is 15 cm diameter and 60 cm long and set
40 cm on the ground. The letters “WCM” shall be engraved in such
monuments. The location of witness monuments shall be indicated on the
survey plan.
RULE V PRESCRIBED SURVEY RETURNS AND FORMS/FORMATS
Section 1. Survey Returns. The following documents shall form part of the
survey returns of AL/AD surveys:
a. Transmittal Letter
b. Work Order or Survey Authority
c. Receiving copy of the Survey Notification Letters
d. Original Field Notes, with pagination, the cover of which is dry
sealed by the geodetic engineer, notarized and stamped
e. Original and duplicate copy of the Astronomical Computation
Sheets completely filled up and signed by the geodetic engineer
f. Original and duplicate copy of the Traverse Computation Sheets
completely filled up and signed by the geodetic engineer
g. Original and duplicate copy of the Lot Data Computation Sheets
completely filled up and signed by the geodetic engineer
h. Indicative Maps
i. Monument description sheets
j. Photo documentation of monuments and other survey activities with
caption k. Sketch plan of the survey drawn on appropriate scale l.
Survey plan
m. GPS survey returns signed and sealed by the geodetic engineer n.
Certificate of GPS Data Evaluation issued by the NAMRIA
o. Certified True Copy of Reference Points issued by NAMRIA/DENR
p. Certificate of Equipment Calibration issued by NAMRIA for GPS and
by the NCIP/DENR- LMB for other survey instruments

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q. Lot description
r. Notarized documents embodying agreements between and among
the stakeholders relative to the resolution of conflicts
s. Project Completion Report signed by the geodetic engineer/s and
noted by the concerned NCIP Provincial Officer
t. Other related supporting documents
Section 2. Survey Plans. Maps and plans of all AL/AD surveys shall be plotted
on appropriate standard base maps projected upon spheroidal quadrangles
of Clarke’s Spheroid of 1866. The AL/AD survey plan shall contain the
following:
a. Name of Claimants for ALs and Tribe/s for ADs
b. Actual location of the AL/AD, identifying therein the Barangay/s,
Municipality/ies and Province/s covered
c. Area of AL/AD
d. Technical Description
e. System of survey used
f. Scale used
g. Inclusive dates when the survey was undertaken
h. Name and signature of the geodetic engineer who conducted the
survey
i. Name and signature of the Regional Director endorsing the survey
plan
j. Name and signature of the designated geodetic engineer who
verified
the survey returns
k. Name and signature of the Chief of the Recognition Division
recommending the approval of the plan
l. Name and signature of the ADO Director approving the plan
m. Name/s and signature/s of the elders/leaders or representatives as
the case may be
n. Annotations indicating Section 56 of IPRA, authority to execute
survey, description of corners, adverse claims, relation with any cadastral or
public land surveys or reservations, land classification and other information
relevant to the surveyed area.
They shall be drawn on the Philippine Plane Coordinate System-Transverse

Mercator (PPCS- TM)/PRS ’92 to an appropriate scale using drafting materials
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of stable base and of uniform size prescribed as follows: The sizes of AL/AD
plans are as follows:
Ancestral Domain Ancestral
Land
Size: 100 x 83 cm 74 x 57 cm
Working space: 80 x 80 cm 54 x 54 cm
Title block: 17 x 80 cm 17 x 54 cm
Margin: 1.5 cm 1.5 cm
Section 3. Codes for AL/AD Survey Forms. The Survey Forms shall be identified
using the following codes:
ADO-Form 01 - Survey Plan for AD
ADO-Form 01-A - Survey Plan for AL
ADO-Form 02 - Lot Data Computation Sheet
ADO-Form 03 - Traverse Computation Sheet
ADO-Form 04 - Astronomical Observation
ADO-Form 05 - Field Notes Cover
ADO-Form 06 - Field Notes
ADO-Form 07 - Monument Description Sheet for GPS Controls
ADO-Form 07-A - Monument Description Sheet for Boundary Monuments
ADO-Form 08 - Survey Notification Letter
ADO-Form 09 - Lot Description for Ancestral Lands
ADO-Form 10 - Transmittal of Survey Returns
ADO-Form 11 - Progress Notes of Survey Verification
ADO-Form 12 - GPS Observation/Field Sheets
Section 4. Numbering System and Symbols for ALs/ADs Survey. The

numbering system for the survey of ALs/ADs shall be followed:
ADs-1401-0020-D 1. original survey AD made by a private Geodetic Engineer

ALs-1401-0020-D 2. original survey of AL made by a private Geodetic Engineer
ADs-1401-0020-Gni 3. original survey of AD made by NCIP Geodetic Engineer
ALs-1401-0020-Gni 4. original survey of AL made by NCIP Geodetic Engineer
AD-1401-0020-D 5. amendment survey of AD conducted by Geodetic Engineer
AL-1401-0020-D 6. amendment survey of AL conducted by Geodetic Engineer
AD-1401-0020-Gni 7. amendment survey of AD conducted by NCIP Geodetic Engr
AL-1401-0020-Gni 8. amendment survey of AL conducted by NCIP Geodetic Engr
AD-1401-0020-D 9. re-survey of AD made by Private Geodetic Engineer

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AL-1401-0020-D 10. re-survey of AL made by private Geodetic Engineer

AD-1401-0020-Gni 11. re-survey of AD made by NCIP Geodetic Engineer AL-1401-
0020-Gni 12. re-survey of AL made by NCIP Geodetic Engineer
FINAL PROVISIONS
Section 1. Non-waiver of Native Title. The decision of the AL/AD claimant/s

to have only those uncontested portions of their claim surveyed shall not be
deemed a waiver of their right over the contested area.
Section 2. Identification of Ancestral Lands and Exercise of Option Under

Section 12 of IPRA. Any IP who claims to own an ancestral land and who
wishes to exercise his/her option as provided under Section 12 of R.A. 8371
must formally inform the Commission through field offices. The processing of
the formal recognition of his/her AL must comply with established
procedures; provided, however, that after final deliberation by the
Commission, instead of ordering the issuance of a CALT, it shall certify that the
land is an ancestral land and direct the ADO to transmit to the DENR the
pertinent record for purposes of processing the title pursuant to the provisions
of Commonwealth Act 141 as amended, or the Land Registration Act 496.
The ICC/IP exercising the option must periodically inform ADO of the progress
and result of his/her application.
Section 3. Contracting out of Delineation Process. The delineation process

(i.e. Social Preparation activities up to the preparation of the recognition
book) of ADs/ALs may be contracted out to qualified third persons or
entities in accordance with a contract between and among the concerned
ICCs/IPs, the prospective contractor, and the concerned NCIP Regional
Director subject to the approval of the CEB.
Section 4. Administrative Discipline over NCIP Personnel. Any employee,

personnel or officer of the NCIP violating any of the provisions of this Rules
shall be sanctioned or dealt with in accordance with the Civil Service Rules on
Discipline.
Section 5. Sources of Funds. The funding requirements for the activities

indicated in this Rules shall be sourced from the General Appropriation Act

245
(GAA), Foreign Aid and Grants, Presidential Operational/Social Funds, PCSO

Fund, and other sources.
Section 6. Policy Guidelines for Fund Allocation. The Commission shall observe
prudence to ensure efficiency, equity, economy and transparency in fund
allocation for the delineation and recognition of ALs/ADs, taking into account
the Provincial Delineation Action Plan (PDAP).
FINAL CLAUSES
Section 1. Applicability of DENR DAO 98-12. The provisions of DENR

Administrative Order 98-
12 shall apply in suppletory manner, whenever practicable and convenient
and in so far as the same is consistent with the provisions of IPRA.
Section 2. Separability Clause. In case any clause, sentence, section, or

provision of this Rules or any portion hereof is held or declared
unconstitutional or invalid by a competent court, the other sections or
provisions hereof which are not affected thereby shall continue to be in full
force and effect.
Section 3. Repealing Clause. All Circulars, Memoranda, and Administrative

Orders issued by the Commission, or parts thereof, inconsistent with the
provisions of this Rules are hereby repealed or modified accordingly.
Section 4. Effectivity. This Rules shall take effect fifteen (15) days after its last
publication in a newspaper of general circulation and registration in the Office
of the National Administration Register, U.P. Law Center, Diliman, Quezon City,
Philippines.
Approved this 13th day of April 2012 at Quezon City, Philippines.

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THE FREE AND PRIOR INFORMED CONSENT (FPIC) GUIDELINES OF 2006
Pursuant to Section 44(m), 46(a), 57, 58, 59, and 7 of R.A. 8371, otherwise
known as the Indigenous Peoples Rights Act of 1997, and other related
provisions, the following guidelines are hereby promulgated in lie of NCIP
Administrative Order No. 03, Series of 2002, as follows
PART 1: PRELIMINARY PROVISIONS
Section 1. Title. This Guidelines shall be known as “The Free and Prior Informed
Consent (FPIC) Guidelines of 2006.”
Section 2. Objectives.
a. Ensure genuine participation Indigenous Cultural
Communities/Indigenous People
(ICCs/IPs) in decision-making through the exercise of their rights to Free and

247
Prior informed Consent (FPIC), whenever applicable;

b. Protect the rights of ICCs/IPs in the introduction and
implementation of plan, programs, projects, activities and other undertakings
that will impact upon their ancestral domains to ensure their economic, social
and cultural well-being;
c. Provide the procedure and the standards in cultural conduct of
field
based investigation (FBI) and FPIC process, charging of fees; and imposition
of administrative sanctions for intentional commission of prohibited acts and
omissions as hereinafter provided; and
d. Ensure just and equitable partnership in environmental
management, land use, development, utilization and exploitation of resources
within ancestral domains as well as benefit sharing, between and among the
concerned ICC/IP community and the prospective investor, government
agency, local government unit (LGU), non-government organization (NGO) and
other entities desiring to collaborate in such undertaking, when FPIC is given.
Section 3. Declaration of Policy. It is the policy of the Commission to:

a. Uphold the intent and purpose of the law in requiring FPIC
of the ICCs/IPs in connection with applications for lease, license,
permit, agreement, and/or concession to implement and/or operate
programs, projects, or activities affecting ancestral domains;
b. Ensure that the process of securing the FPIC of ICCs/IPs and
the
corresponding issuance of
Certificate Precondition (CP) shall be conducted with outmost regard for
the right of ICCs/IPs to the management, development, use and utilization of
their land and resources within their own ancestral domains and/or lands
(Ads/ALs);
c. Adopt and enforce mechanisms for the protection,
promotion and
realization of ICC/IP rights;
d. Exercise its visitorial powers and to safeguard the rights of
the ICCs/IPs with regard to
resource utilization contracts or agreements;
e. Guarantee that no concession, license, permit or lease,
production

248
sharing agreement, or other undertaking affecting ancestral domain/lands will

be granted or renewed without going through the process laid down by law
and this Guidelines.
Section 4. Operating Principles. In the implementation of this Guidelines,

the following principles shall be observed:
a. Empowerment. The ICCs/IPs shall freely pursue their economic,
social and cultural development through their participation in decision-making,
determination of priorities, a well as the practice of their justice system and
peace-building processes.
b. Consensus-Building and Decision-Making Process. The ICCs/IPs
shall
participate in the
decision making process primarily through their indigenous socio-political
structures. They shall likewise affirm the decision of their duty authorized
representatives.
c. Peace-Building. The FPIC is a peace-building measure as it
promotes
genuine involvement o, and exercise by, ICCs/IPs in decision-making.
Adherence to the process guarantees harmony, understanding, unity and
security.
d. Primacy of Cultural Integrity. Within ancestral domain/lands, the
holistic and integrated adherence of IPs to their respective customs, belief,
traditions, indigenous knowledge system and practices(IKSP),and the assertion
of their character and identity as people shall assume an important
consideration in the decisionmaking processes required for the issuance of the
Certification Precondition (CP) as a pre-requisite to the introduction,
implementation or operation of plans, programs, projects or activities in
Ads/ALs to ensure that the culture and traditions of the concerned ICCs/IPs are
recognized and respected in the process and their general well-being
promoted.
e. Right to Manage Own Land and other Resources with in the
Domain. This right of the
ICCs/IPs to manage and develop their own land and other resources within
their Ads/ALs shall be respected. It is the policy of the Commission to ensure
the priority rights of ICCs/IPs to manage and pursue developments plans,
programs, projects or activities in their respective ancestral domain and in the
utilization, harvesting, development, extraction and/or exploitation of natural

249
resources therein, and that any alienation or transfer of any of these rights to
entities other than the owner of the ancestral domain shall require the conduct
of the FPIC process.
f. Primacy of Customary Law. The conduct of FBI and FPIC processes
shall recognize the primacy of customs, traditions and practices of the
ICCs/IPs concerned.
g. Sustainable Development and Protection. The FPIC, whenever
given,
shall ensure the
ICCs/IPs concept and requisites of sustainable and responsible development
and protection of ancestral domains shall benefit the present and future
generations.
h. Transparency and Clarity. The process of conducting the FBI and
the FPIC shall be characterized by transparency among stakeholders. All
issuances, orders, decisions of the
Commission relative thereto must be made known to all parties concerned. The
applicants shall make a full and project or activity in a manner that is
both accessible and understandable to the concerned community.
i. Inter-Agency, LGU and NGO/Peoples Organization (PO)
Involvement and Community Support. The collaboration of other government
agencies, local government units, and the involvement of NGOs/Pos duly
accredited by NCIP and authorized by the ICCs/IPs shall be encouraged in order
that their rights shall be promoted and protected.
j. Recognition and Exercise of Ownership Rights over Titled
Properties within Ancestral Domain Areas. Titled property holders with in
ancestral domain areas can exercise all the rights of an owner accorded to the
by law, but the exercise of such rights shall carry with it the responsibility of
respecting the rights of the ICCs/IPs within the domain. If the exercise of such
rights by the titles property owner is such that the rights of the ICCs/IPs can be
adversely affected, consultations among the affected ICCs/IPs shall be
undertaken through their elders/leaders but the subject of the consultation
shall be limited only to the determination and proper compensation through
agreement of the loss, damage or injury that may be suffered, and to the
satisfaction of the ICCs/IPs that measures shall be undertaken to migrate if not
totally avoid such loss, damage or inquiry.

250
Section 5. Definition of Terms. The definition of terms found in R.A.

8371, and its implementing Rules and Regulations (IRR) are hereby adopted,
including the terms defined herein below:
a. Free and Prior Informed Consent (FPIC). This is the consensus of all
members of the ICCs/IPs which is determined in accordance with their
respective customary laws and practices that is free from any external
manipulation, interference and coercion and obtained after fully disclosing the
intent and scope of the plan/program/project/activity, in a language and
process understandable to the community. The FPIC is given by the concerned
ICCs/IPs upon the signing of the Memorandum of Agreement (MOA) containing
the conditions/requirements, benefits as well as penalties of agreeing parties
as basis for the consent.
b. Certification Precondition (CP). It refers to the Certification of
Compliance issued by the Commission attesting that the applicant has
complied with the requirements for securing the affected ICC/IP’s FPIC in
accordance with the provisions of this Guidelines. It also refers to the
certificate issued by the Regional Director in cases specifically provided in this
Guidelines.
c. Certificate of Non-Overlap (CNO). It refers to the certification
issued by the concerned Regional Director of NCIP attesting to the fact that the
area affected by a particular plan, program, project or activity does not overlap
with any ancestral domain.
d. Resolution of Non-Consent (RNC). It refers to the resolution
adopted
by the affected ICC/IP through their elders/leaders expressing their
nonacceptance of the plan, program, project or activity, and stating the
reasons thereof.
e. Resolution on Consent (ROC). It refers to the resolution adopted
by
the affected ICC/IP through their elders/leaders expressing their acceptance of
the plan, program, project or activity.
f. Field-Based Investigation (FBI). It refers to the ground investigation
to determine whether or not the plan program, project or activity overlaps
with or affects an ancestral domain, the extent of the affected area, and
ICCs/IPs whose FPIC is to be obtained.
g. Ancestral Domains Sustainable Development and Protection Plan
(ADSDPP). It refers to the plan formulated and adopted by a particular IP
community that embodies the vision, framework, goals, objectives, and

251
strategies of ICCs/IPs for sustainable management and development of their

ancestral domain and all resources therein, including human and cultural
resources. The ADSDPP may contain zoning and identification of plans,
programs and projects.
h. Elders/Leaders. These refer to individual IPs or member of ICCs
who
are regarded by
ICCs/IPs with certain degree of wisdom, integrity esteem and dignity, and who
are generally relied upon the community members as leaders in the pursuit of
community concerns. For purposes of this Guidelines, identified elders and
leaders gathered together can be referred to as the council of elders/leaders.
i. Consensus-Building. It refers to that part of the decision-making
process undertaken by the ICCs/IPs through their indigenous socio-political
structures in arriving at a collective decision.
j. Area Affected. It refers to the area/s which will most likely be
affected by the postponed plan, program, project or activity as determined by
FBI Team. It consists of the impact area as defined by the concerned regulating
agency or the impact area applied to plans, programs, projects or activities that
require Environmental Impact Assessment (EIA); Provided, That in both cases it
shall take into account the opinions/views of elders/leaders in deference to
ICCs/IPs customs, traditions and practices.
k. Bioprospecting. The research, collection and utilization of
biological
and genetic resources for purposes of applying the knowledge derived there
from intended, or later used, for commercial purposes.
PART II: PLANS, PROGRAMS, PROJECTS OR ACTIVITIES COVERED
Section 6. Coverage. The FPIC process to be followed will depend on the nature
and extent of the proposed plan, projects, programs or activities sought to be
introduced into any ancestral domain area, as follows:
A. The following plans, projects, programs or activities shall undergo

the FPIC process prescribed in Section 26 of this Guidelines:
1. Large-Scale development, exploitation and utilization of
land, water, air, and other natural resources within ancestral
domains/lands;

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2. Exploration of minerals and energy sources within ancestral

domains.
3. Program, projects and activities that may led to the
displacement and/or relocation of indigenous peoples;
4. Resettlement programs or projects by the government or
any of its instrumentalities that may introduce migrants into ancestral
domains whether permanent or temporary.
5. Management of protected and environmentally critical
areas, and other related joint undertakings within ancestral domains
6. Bioprospecting activities.
7. Industrial land use including the establishment of economic
zones;
8. Large scale tourism projects;
9. Large scale agricultural and forestry management projects;
and
10. Other activities similar or analogous to the foregoing.
B. Except those covered in the immediately preceding, paragraph the

following shall governed by the FPIC process prescribed in the Section 27 of
this Guidelines:
1. Small-scale exploitation and utilization of land, water
and natural resources within ancestral domains/lands as defined
under existing laws, rules and regulations of governing or regulating
agencies.
2. Commercial research undertaken by government, private
person, or corporations or foreign entities for the purpose intended
directly or indirectly for commercial use, such as: publication,
documentation, paid lectures, among others.
3. Unsolicited government projects for the delivery of socio-
economic services and development including projects of charitable
institutions, and civic or non-government organizations, the direct and
the primary beneficiary of which are ICCs/IPs who own the ancestral
domain, except when the same are formally coordinated with NCIP or
as co-implementor in connection with the latter’s program, projects or
activities in which case, no FBI/FPIC is necessary: Provided, That the said
program or projects are validated by the NCIP to be acceptable to the
intended ICC/IP beneficiaries, either because the same conform with the
community’s ADSDPP or shall become part thereof in the future. If the

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owner-ICCs/IPs are not the primary beneficiaries of the aforementioned

programs or projects, compliance with the FBI/FPIC process shall be
required;
4. Activities that would affect their spiritual and religious
traditions, customs and ceremonies, including ceremonial objects or
access to religious and cultural sites,
archeological explorations, digging ,and excavations unless the council of
elders/leaders require the conduct of the FPIC process prescribed under
Section 26;
5. Programs /projects/activities not requiring permits from
government agencies;
6. Feasibility studies for any program, project, activity or
undertaking relative to any of those enumerated in Section 6(A);
7. Occupation of military or organizing para military forces,
establishment of temporary or permanent military facilities, or military
exercises within the domains, except when requested by concerned
elders/leaders in writing. Military operations within ancestral domain
areas when made in connection with hot pursuit operations,
securing vital government installations, programs and projects against
clear and imminent danger, shall not require FPIC. The cessation of
hostilities and the presence or absence of clear and imminent danger
shall be determined by the elders/leaders who may notify in writing the
occupying military/armed force to vacate the ancestral domain; and
8. Such other activities analogous to the foregoing nature.
Section 7. Application for Issuance of Certification Precondition. The application

for lease, license, permit, agreement and or concession to implement, operate
or undertake plan, programs, projects, or activities in ancestral domains shall
be files by the applicant directly with the concerned or appropriate
government regulatory agency or instrumentality which shall then endorse it
to the appropriate NCIP Regional Office for the compliance with the applicable
process provided in this Guidelines. In case the application/project covers two
or more regions, the concerned government agency shall endorse the same to
the Director of the Ancestral Domains Office (ADO) who shall decide which
Regional Office shall take the lead in facilitating the appropriate and applicable
process. For plans, programs, projects or activities affecting the ancestral
domain that do not require a permit, license or agreement from any
government agency/ instrumentality, the application shall be filed directly with

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the NCIP Regional Office having jurisdiction over the area where the project
shall be implemented.
Section 8. Documents Required to Process the Application. The endorsement

from the concerned or appropriate regulatory agency or instrumentality shall
include the following:
a. Projects profile which shall include, among others: the name and
principal business address
of the applicant, the contact person, nature and purpose of project,
location/indicative map indicating the name of sitios and/or barangays covered
by the project, its impact area and duration of the project.
b. Operational Plan and projects activities as required by the endorsing
agency.
c. Other relevant data/documents.
For applications for the conduct of activities affecting the ancestral domain that
do not require a permit, license or agreement from any government
agency/instrumentality, the following documents shall be attached to the
application:
a. Abstract of the project which, among others, enumerates socio-
cultural and economic advantage/disadvantage to the ICCs/IPs.
b. Location/Indicative map of the affected area; and
c. Other relevant documents
In both cases, the FBI team may require additional documents from the
applicant. For juridical entities, proof of their juridical personality is required.
Section 9. Immediate Actions to CP Applications. Immediately upon receipt of

the project documents either endorsed to NCIP or directly applied for, the
Regional Director shall immediately cause the Provincial Officer concerned to
hold a Pre-FBI Conference and consequently, the FBI to determine whether the
project affects a known ancestral domain area. If not AD is affected, the
procedure provided from Section 21 shall be followed, otherwise, the
Provincial Officer aforementioned shall immediately inform the Regional
Director in writing and the procedure provided for in Section 14 shall be
followed.

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In the event that the Commission officially approves a Master List of Ancestral
Domain Areas, the immediate action to be taken is for the officer duly
designated at the regional office to immediately determine whether the
project site falls within, or overlaps with, a known ancestral domain area as
appearing in the Master List of Ancestral Domains. If there is no overlap, the
procedure provided for in Section 21 hereof shall be followed, otherwise, the
officer aforementioned shall immediately inform the Regional Director in
writing and the procedure provided for in Section 14 hereof shall be followed.
The Regional director shall forthwith notify: a) the applicant that the Pre-FBI
Conference
will be conducted at the Provincial Office at a specified date; and b) the
Provincial Officer concerned that the Pre-FBI Conference will be conducted at
the Provincial Office at a specified date. For Service Centers in Provinces
without Provincial Offices, the Pre-FBI conference shall be held at the Service
Center concerned. The Pre-FBI Conference shall be held within a period of ten
(10) days from receipt of the application or the endorsement.
Part III: PROCEDURE TO SECURE THE FPIC REQUIREMENT
Section 10. Who Shall Give the Free and Prior Informed Consent. The ICCs/IPs
whose FPIC is required to be secured shall depend upon the area affected as
determined in accordance with the immediately preceding Section. The
following shall likewise to be considered in determining who shall give the
approval/ disapproval:
a. When the area affected covers the entire ancestral domain, the
consent of the concerned ICCs/IPs within the ancestral domain shall be
secured;
b. When the area affected covers only a portion of the ancestral
domain, only the ICCs/IPs in such portion shall be involved in the FPIC process,
or in special cases, whose consent shall be validated;
c. When the area affected covers two or more ancestral domains,
the
ICCs/IPs in each domain shall be separately involved in the FPIC process;
d. When the area affected covers an ancestral domain and an
adjacent
ancestral land, the latter shall be separately involved in the FPIC process;
e. When the area affected covers ancestral domain situated in two or
more regions, the affected ICCs/IPs shall be involved in the FPIC process. In

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case of consent, a MOA shall be executed for each ancestral domain affected
unless the ICCs/IPs agree to a joint MOA; and
f. When the area affected covers an ancestral domain situated in
two or more barangays, the assemblies required in Section 26 and 27 of this
Guidelines may be conducted jointly or separately for each barangay. The FBI
team, in consultation with elders/leaders, shall recommend to the FPIC Team
whether to conduct separate or joint assemblies. Nothing in this provision shall
prejudice the rights of persons mentioned in Section 37 and 38 of this
Guidelines.
Section 11. Determination of Area Affected. The FBI Team shall determine the
area affected taking into consideration the following criteria:
a. The impact area as defined by the concerned regulating agency or
the impact area applied to plans, programs, projects or activities that require
Environmental Impact Assessment(EIA) on the basis of the project documents
and the indicative map submitted by the applicant to find out the extent of
coverage of both the area affected and the members of the community whose
consent is to be obtained, the FBI team must seek the opinion/views of
elders/leaders as initially identified by the ancestral domain area
representatives as referred to in Section 13 (d.2) on whether or not the impact
area as determined is acceptable to the community taking into account their
customs, traditions and practices.
b. In case there is no impact area defined by any regulating agency,
FBI Team shall consider the operation plan, indicative map and other project
documents submitted by the applicant. The Team shall likewise consult the
ancestral domain representatives as referred to In Section 13 (d.2).
PART IV: FIELD BASED INVESTIGATION
Section 12. Constitution and Composition of the FBI Team. Within ten (10) days
from the approval of this Guidelines, each Provincial Officer shall forthwith
constitute the FBI Team for each province consisting of at least three (3)
members. Two (2) of whom shall come from the Provincial Office and one (1)
from the Community Service Center (Service Center) concerned or ice versa,
without prejudice to the formation of additional teams and/or substitution of
member/s should need arise. For Service Centers in provinces without
provincial offices, the Regional Director concerned shall cause/order the
constitution of the FBI Team/s from employees of the Service Center

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concerned. These constituted teams can be grouped or regrouped by the

Provincial Officer at any given time in order to cope with existing work
condition or circumstance. The constituted FBI teams shall be at the disposal of
the Provincial Officer or the Service Center Head, as the case may be, to be
assigned by him upon every written notice of the Regional Directory. The
Administrative Officer shall act as a disbursing officer and an alternate shall be
designated by the Provincial Officer for all applications. The disbursing officer
and the alternate so designated shall be properly bonded. For this purpose, the
amount needed for the payments of the bond premium shall be charged
against MOOE of the provincial office.
Section 13. Duties and Functions of the FBI Team. The FBI Team shall:
a. Attend scheduled Pre-FBI conference to be presided by the
Provincial Office but prior to the scheduled conference, the FBI Team
assigned shall have gathered already available data and information
needed for the preFBI conference as provided in Section 14 of this
Guidelines.
b. During the Pre-FBI conference, generate the expected
output as
provided for in Section 14 of this Guidelines;
c. Conduct Field Investigation after notifying the ancestral
domain area representatives of the schedule of the conduct of FBI and
requesting for their attendance. The said notice shall contain the date,
venue and time of the meeting and the information that food and
transportation of the attendees will be provided;
d. In the actual conduct of the FBI, confer with the ancestral
domain
area representatives for the purpose of:
d.1. Determining the nature and extent of the plan,
program, project or
activity, the area affected and the number of ICCs/IPs affected in compliance
with Section 11, paragraph (a);
d.2. Listing of elders/leaders with ancestral domain area
representatives as informants. For this purpose the ancestral
domain area representatives shall be as follows: the Consultative
Body representatives for the ancestral domain area as constituted
by the NCIP through NCIP Administrative Order 01, Series of
2003; one (1) IPO representative in the ancestral domain area, if

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there is any; and one (1) representative of tribal council of

elders/leaders, if there is any; and
d.3. On-site preparation of the Work and Financial Plan
(WFP) needed for the conduct of FPIC to be co-signed by ancestral
domain area
representative sin attendance during the conduct of FBI. This WFP shall be
reviewed and finalized during the Pre-FPIC Conference.
e. Formally notify in writing the concerned LGU/s and
Provincial
Consultative Body (PCB) of the conduct of FBI;
f. Prepare and submit FBI report to the Regional Director
duly
noted by the concerned Provincial Officer, copy furnished the Ancestral
Domains Office, the concerned Ethnographic Commissioner, and the
concerned applicant in accordance with Section 19 of this Guidelines; and
g. Observe established and applicable accounting and auditing
rules and
regulations.
Section 14. Pre-FBI Conference; Matters to be Taken. The following matters are
to be taken up in the Pre-FBI Conference.
a. Introduction and orientation on the requirements of FBI
process;
b. Introduction of the applicant, proof of legal capacity and the
proposed project;
c. Production of additional project documents when
necessary;
d. Initial determination and approximation of the area
affected;
e. Agreement on the cost of the FBI computed by the Head of
the FBI Team based on the following:
e.1. Food, lodging and transportation expenses of the FBI
Team
members in attending the
Pre-FBI conference;
e.2. Food, lodging and transportation expenses of the FBI
Team for the
duration of the actual conduct of FBI;
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e.3. Documenting the FBI activity(photo and/or video,

cassette
recording and development, reproduction of documents);
e.4. Food and transportation of ancestral domain area
representatives attending the meeting called for by the FBI Tea.
Cost of traveling expenses of the Provincial FBI Team to
attend the one (1) day Pre-FPIC Conference at the Regional Office;
f. Commencement and termination of the FBI process in
accordance
with Section 18 of this Guidelines; and
g. Additional matters agreed upon at the start of the Pre-FBI
Conference.
Section 15. FBI Fee. The FBI Fee to be paid by the applicant shall be assessed in
accordance with the following rules:
i. If no overlap is noted based on the duly approved Master list of
Ancestral Domain Areas, the applicant shall only pay a Certification Fee of Five
Hundred Pesos (Php 500.00), but if an FBI is necessary in order to determine
whether the plan, program, project or activity affects an ancestral domain, the
applicant shall shoulder the agreed cost of the FBI, the amount of which shall
be determined during the Pre-FBI Conference.
ii. If no overlap is noted based on the approved Master list of
Ancestral Domain Areas, and the proposed plan, program, project or activity
falls within the classification requiring the conduct of FPIC process prescribed
under Section and Section 27, the applicant shall pay the agreed cost of
conducting the FBI based on the WFP to be agreed upon during the Pre-FBI
Conference.
iii. If no overlap is noted on a known AD/AL already issued with a
CADT/CALT, FBI is still required for purposes of determining the area affected
and the ICCs/IPs whose consent is to be obtained in accordance with Section 9
of this Guidelines necessary in determining the cost of conducting the FPIC
process. However, in these areas where the plan, program, project or activity
patently affects the entire ancestral domain and the cost can be determined as
well as the requirements of Section 9 of this Guidelines, the conduct of FBI can
be dispensed with and proceed to hold the Pre-FPIC Conference. The
requirements under Section 13. (d.3) hereof requiring the on-site preparation
of WFP bearing the conformity shall likewise be dispensed with.

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iv. Except for situations and circumstances as provided in Section 8

6.B (3), 31, and 35 of this Guideline, a government agency, institution or
instrumentality, is required to pay FBI fee in an amount to be determined
during the Pre- FBI Conference.
Section 16. Establishment of Trust Account. Each Provincial Office and Service
Center with no provincial office, shall establish a trust account in an authorized
government depository bank where all FBI and FPIC Fee payments shall be
deposited as Trust Funds.
Upon deposit of the amount determined for FBI or FPIC, as the case
maybe, the disbursing officer shall forthwith prepare the necessary
disbursement vouchers to ensure that the amount is made available with 5
days thereafter.
Section 17. Failure to Appear at Pre-FPIC Conference and Failure to pay FBI.FPIC
Fee; Effect. Should the applicant fail to appear in either the Pre-FBI or Pre-FPIC
Conference, the Provincial Officer or the Service Center Head shall immediately
inform the Regional Director of such fact. The processing of the application and
the period provided thereof, shall be suspended by the Regional Director and
duly recorded, with notice to the applicant, sent through facsimile, registered
mail or messengerial services with proof of receipt or return card . The notice
shall also contain the information that inaction by the applicant with ten (10)
days from the receipt thereof will be deemed as lack of interest on their part
and the Regional Director concerned can already issue the suspension order,
without prejudice the re-opening of the same. Failure on the part of the
applicant to pay the FBI/FPIC fee or comply with the requirements as
agreed upon during the preliminary conference shall likewise result in
suspension as provided in the immediately preceding paragraph. After the
lapse of ten (10) days from the receipt of the Order of Suspension, sent
through facsimile, registered mail or messengerial services with proof of
receipt or return card, the Regional Director shall return the application to the
applicant or to the endorsing regulatory agency, as the case maybe, and a copy
of the application folder archived. Thereafter, other application, if any, may be
given due course. The suspended application maybe re-opened if no other
application is already undergoing the FPIC process, otherwise, the suspended
application will have to await outcome of the ongoing FPIC processing.

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Section 18. Commencement and Conduct of the Filed-Based Investigation(FBI),

The Team shall commence the FBI after (5)days from payment of the FBI fee.
The Provincial Officer or Service Center Head shall immediately notify the
Regional Director that the FBI fee has already been paid. Correspondingly, the
Provincial Officer or the Service Center Head, as the case may be, shall
immediately notify the ancestral domain representatives of the
commencement of the FBI. Except when otherwise agreed upon, the FBI period
is ten (10) days. The 10th day is the pre-designated date to hold the PreFPIC
Conference should there be need to conduct the FPIC process. It is thereafter
understood that the FBI Team shall have submitted its report to the concerned
Provincial Officer or Service Center Head, who shall then immediately
constitute the FPIC Team in accordance with Section 22 hereof should there be
a need to conduct the FPIC process.
Section 19. Contents of the Field-Based Investigation Report. The FBI report
shall contain the following:
a) Narrative of the FBI signed by all members of the Team
containing:
a.1. Inclusive dates when the FBI was conducted;
a.2. Names and designation of members of the FBI Team;
a.3. Specific names of a places actually visited;
a.4. Names of persons interviewed, indicating their positions in
the
community;
a.5. Latest official barangay or municipal census record, or in
their
absence, other available listings;
a.6. Views and opinions of elders/leaders on what should cover
the area affected following Section 11 (1), their approximation of
number of IP household heads within the area affected;
a.7. Initial documentation of concerned ICCs/IPs decision –
making process for purposes of Section 25 of this Guidelines; and
a.8. Recommendations needed for the proper conduct of the
FPIC
proceedings.
b) List of elders/leaders of the affected community;
c) Copy of the latest official barangay or municipal census
record indicating the IP population in the affected area, and/or other

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available listings; d) Indicative map showing the extent of overlap and

the names of Sitios
and Barangay affected;
e) Highlights of discussions and attendance sheet duly
signed/thumb- marked by the IP elders/leaders; and
f) Computation of cost required for the conduct of FPIC proceedings.
Section. Pre-FPIC Conference. During the Pre-FPIC conference, the following

shall be accomplished:
1. Briefing on the project and the result of the FBI;
2. Presentation of the WFP for the conduct of the FPIC
process;
3. Briefing on the FPIC process, protocols, and prohibited acts;
4. Setting of schedules, tasking, and payments of FPIC cost;
5. Preparation of Work Order;
6. The cost for the payment of the bond premium of
accountable officers which shall be included in the WFP to be paid by the
applicant.
7. Subsequent submission by the applicant of an undertaking,
written in a language spoken and understood by the community
concerned, that it shall commit itself to full disclosure of records and
information relevant to the plan, program, project or activity, that would
allow the community full access to records, documents, material
information and facilities pertinent to the same.
8. Subsequent submission by the applicant of an
Environmental and Socio-cultural Impact Statement, detailing all the
possible impact of the plan, program, project or activity upon the
ecological, economic, social and cultural aspect of the community as a
whole. Such documents shall clearly indicate how adverse effects maybe
avoided, mitigated and/or addressed; and
9. Other related matters.
Section 21. Certificate of Non-Overlap; When Issued. Based on the report on

the concerned Provincial Officer, Service Center Head or duly designated officer
at the Regional Office, as the case may be, certifying to the fact that the area
affected by the proposed plan, program, project or activity does not
affect/overlap with an ancestral domain, the Regional Director shall, within a
period of three (3)days, issue to the applicant a Certificate of Non-Overlap

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(CNO) coupled with a signed undertaking that the applicant agrees to the
conduct of FBI/FPIC requirement should it be found later that there is, in fact,
an overlap in whole or in part of any ancestral domain/land, a copy of which
shall be furnished to ADO and the concerned Provincial Officer or Service
Center Head, as the case may be.
PART V: CONDUCT OF FREE AND PRIOR INFORMED CONSENT
Section 22. Constitution and Composition of FPIC Team. The FPIC Team
shall be a composed of not more than six (6) members designated by the
Regional Director from the Provincial and/or Service Center personnel which
must include, whenever feasible, the Provincial Legal Officer, one (1)
Engineer from the provincial or regional office, and the least one (1) member
of the FBI Team. The Regional Director and the Chief of Technical
Management and Service Division shall in no case be part of the Team.
Section 23. Period of FPIC Mandatory Activities; Commencement. The period

for the conduct of the FPIC mandatory activities under Section 25 hereof shall
not exceed fifty-five (55) days. The period for the conduct of the FPIC
mandatory activities under Section 27 hereof shall not exceed thirty-five (35)
days. Both periods shall commence on the date that the FPIC fee is paid in cash
or deposited by the applicant in the NCIP Provincial Trust Account (PTA) and is
made available to the Team. The Team leader shall request release of the funds
in accordance with the WFP for the conduct of FPIC immediately upon the
availability of the trust fund. The periods may be extended upon request of the
community or applicant on meritorious grounds as may be determined by the
parties or on account of fortuitous events or force majeure, in which case, the
proceedings shall continue as soon as the reason thereof ceases to exist as
determined by the FPIC Team.
Section 24. Validation of the List of Elders/Leaders; When and How. Except in
ancestral domain areas where the elders/leaders are already identified and
recognized by the NCIP as a result of delineation and titling or ADSDPP
formulation activities of the NCIP, the initial identification of elders/leaders by
the FBI Team in accordance with Section 13 (d.2) shall be validated as follows:

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a. For plans, programs, projects, and activities enumerated under

Section 6(A), validation of elders/leaders shall be held during the Consultative
Community Assembly as provided in Section 26 (b). NCIP shall facilitate the
convening of the elder/leaders coming from the affected area to validate the
authenticity and legitimacy of the elders/leaders as appearing in the list. In that
assembly, the participants will be asked to validate the recognized leaders of
the community. The purpose is to secure genuine representation for the
community in the negotiations.
b. For the plan, program, projects, and activities enumerated under
Section 6 (B), validation of elders/leaders shall be held during the conduct of
the First Meeting as provided in Section 27.
The elders/leaders as listed by the FBI Team shall be confirmed through peer
validation. The elders/leaders present in this meeting may, by unanimous
agreement, include or exclude other elders/leaders to complete the list of the
FBI Team.
Section 25. Determination and Manifestation of Customary Decision-Making

Process. The customary decision-making process of the concerned ICCs/IPs
shall be adhered to in securing their FPIC, i.e. whether the community decision
is to be given by the elders/leaders, or by the community members involved
through household representation or otherwise. The validated and recognized
elders/leaders shall present their decision-making process during the
Community Assembly for project provided under Section 6.A or during the
First Meeting, for projects provided under Section 6.B. Members of the
community present during the Community Assembly or the First Meeting, as
the case may be, shall affirm the process presented by their recognized
elders/leaders. Whatever the customary decision-making process may be, the
requirement of consensus-building shall at all times be observed.
Section 26. Conduct of Mandatory Activities for Plans, Programs, Projects

or Activities covered under Section 5 (A) of this Guidelines. The FPIC Team shall
ensure the conduct of the following mandatory activities/processes:
a. Posting of Notices and Serving of Invitations. The FPIC Team shall
cause the posting of notices in conspicuous places in and around the
concerned ICCs/IPs community including the service of personal to the IP
elders/leaders for a Consultative Community Assembly (CCA), specifying the
date, time, venue, and agenda of the meeting. In cases of FPIC process

265
prescribed under Section 27, the notice shall call for a First Meeting between
the IP elders/leaders and the applicant.
b. Consultative Community Assembly. The participants to the
CCA
are the elders or leaders, the representatives of IP households/families within
the area affected, the representatives from the applicant, the FPIC Team, the
representatives from development NGOs duly accredited by the NCIP and
authorized by the Community present within the ancestral domain area, if
there are any. After the validation of the list of elders/leaders as prescribed
under Section 24 of this Guidelines, the applicant will be given in the said
assembly. The Operation Plan and the scope and extent of the proposal
shall then presented to the elders/leaders by the applicant for understanding,
and shall given them the needed information supporting their proposal,
including but not limited to: the cost and benefits of the proposal to the ICC/IP
and their ancestral domains, presentation of perceived disadvantage or
adverse effects to the community and the measures adopted by the applicant
to mitigate these. In the discussions to follow, the other representatives will be
given their turn in presenting their views to the proposal for the appreciation
of the council of elders/leaders. The council of elders/leaders shall decide
whether another meeting is necessary to complete the process. For purpose
of paragraph (d) of this section, the elder/leaders, in the present of the
participating household representatives affected by the project, shall make
known to the applicant and to all concerned the decision-making process
adhered to or practiced by the community.
c. Consensus-Building and Freedom Period. After the termination of
the CCA, the community, led by their elders/leaders, shall proceed to consult
among themselves, employing their own traditional consensus-building
processes in order to further discern the merits and demerits of the proposal in
the CCA and to arrive at a consensus. Except for NCIP representatives who shall
document the proceedings, non-members of the IP community are strictly
enjoined from interfering with the consensus-building processes of the
community.
d. Decision Meeting. At the designate date, time, place, a meeting of
the applicant and the elder/leaders facilitated by the FPIC Team, the
elders/leaders will formally convey to the applicant the decision on the
community members affected by the project as a result of the consensus-
building process. If the consensus is favorable, the parties shall proceed to
finalize the terms and conditions of the MOA. If the consensus is against the
project, the leaders or elders will be required to submit their written decision
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in the form of a Resolution. Further, the applicant may ask the elders/leaders
to explain the decision. If the reason for the denial of the consent is something
the applicant can readily address or a counter-proposal or a new proposal is
made by the applicant, the elders/leaders may require another period, if they
desire so, to reconsider their decision: Provided, however, That any such
extension of the period as consequence of proposal or counter-proposal shall
no exceed fifteen (15) days beyond the 55-day period. In case the decision-
making process is one that requires the participation of the majority members
of the community involved, the decision to accept or reject a particular plan,
program, project or activity shall be determined by raising of hands of
community members in attendance and qualified to vote pursuant to
their custom, tradition or practice. If the decision-making process following
custom and tradition is such that the decision is to be left to the sound
judgment or discretion of elders/leaders, the decision to accept or reject the
plan, program, project or activity by the council of elders/leaders will be
respected, and the vote of the community members is no longer required. In
both situations, the requirement of consensus-building is necessary as
provided in the immediately succeeding paragraph. In this meeting, it is
required from the council of elders/leaders to already designate in writing,
duly signed, who among the members of the council are authorized to
sign/thumb mark the MOA in behalf of the community in case the plan,
program, project or activity is accepted.
The NCIP representatives shall set the mechanisms of the CCA after due
consultation with all parties concerned. The NCIP shall facilitate the conduct of,
and document, the proceedings as well as translate, interpret, clarify or
elaborate matters discussed and provide the participants information on the
pertinent provisions of IPRA. This shall likewise apply to the succeeding section.
Section 27. Conduct of Mandatory Activities for Plans, Programs, Projects

or Activities covered under Section 6 (B) of this Guidelines.
a. First Meeting. The FPIC Process requires a negotiation to take
place between the council of elders/leaders and the applicant facilitated by the
FPIC Team. There shall be two (2) separate meeting which are herein referred
to as the First Meeting and the Decision
Meeting. Both these meeting must be undertaken and terminated within a
period of twenty (20) days. In the First Meeting, the applicant will be given
sufficient time in the presentation and clarification of their project proposal.
The Operation Plan and the scope and extent of the proposal shall then be
presented to the elders/leaders by the applicant for understanding, and shall
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give them the needed information supporting their proposal, including but not
limited to: the cost and benefits of the proposal to the ICC/IP and their
ancestral domains,; presentation of perceived disadvantages or adverse effects
to the community and the measures adopted by the applicant to mitigate
these.
b. Consensus-Building. The period between the First and Decision
meeting shall serve as the period for consensus-building among the members
of the council of elders/leaders.
c. Decision Meeting. On or before the 20th day from the date of the
First Meeting; the council of elders/leaders will hold the Decision Meeting with
the applicant at the designated time and place. The council of elders/leaders
will formally convey their decision to the applicant as a result of their
consensus-building process. If the consensus is favorable, the parties shall
proceed to finalize the terms and the conditions of the MOA. If the consensus
is against the project, the leaders or elders will be required to submit their
written decision in form of a Resolution. Further, the applicant may task the
council of elders/leaders to explain the decision. If the reason for the denial of
the consent is something that the applicant ca readily address or a
counterproposal or a new proposal is made by the applicant, the council of
elders/leaders may require another period, if they so desire, to re-consider
their decision but in no case shall it exceed ten (10) days from the time of the
first decision sought to be reconsidered.
In this meeting, it is required from the elders/leaders already designate in

writing, duly signed/thumb-marked, who among the members of the council
are authorized to sign the MOA in behalf of the community in case the project
is accepted.
Section 28. Resolution of Consent/Non-Consent for Section 26 and 27 FPIC

process. In the event that the ICC/IP community or IP leaders/elders decide to
give their consent to the project, a Resolution of Consent shall be issued by the
IP/ICC community through their duly authorized representatives/leaders/elders
or the IP elders/leaders shall adopt and issue a Resolution of Non- Consent
containing the reason for such denial.
Section 29. Submission of Report. A report of the FPIC process, either as

prescribed under Section 26 or Section 27, shall be prepared and submitted by
the FPIC Team to the Regional Director dull noted by the concerned Provincial

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Officer/s or Service Center Head/s. as the case may be. Within two (2) days
from receipt, the Regional Director shall direct the Regional Review Team
(RRT), composed of the TSMD chief, Regional Attorney, and another member,
designated by him/her, to evaluate the same within five (5) days after which,
he/she shall notify the applicant in writing of the result, attaching the
Resolution of Non-Consent issued by the community in case of denial or
rejection, and copy furnished ADO, or in case of consent, endorse all
documents relative to the FPIC Process undertaken to the ADO for evaluation
and endorsement to the commission.
Section 30. Non-transferability of Free and Prior Informed Consent. The

consent of the ICCs/IPs for particular proposal shall not be transferable except
on cases of merger, reorganization, transfer of rights, acquisition by another
entity, or joint venture, to any other party, and the same is provided in the
MOA: Provided, however, That the transferee shall assume the obligations of
the transferor, otherwise another FPIC will be required. The transferee may
improve the terms and conditions of the MOA affording or providing greater
benefits for the ICCs/IPs other than those stated in the MOA, or may propose
other terms and conditions that would uphold the interest and welfare of
the concerned IP community. Such change/improvement in the MOA shall
bear the approval of the Commission pursuant to this Rule.
In the circumstances mentioned in the immediately preceding paragraph, the

transferee is required to execute a formal undertaking, with notice to the
representatives of the ICCs/IPs concerned that upon the effectivity of the new
set-up or relation brought about by the foregoing circumstances, the
transferee shall faithfully comply with the terms and conditions of the MOA
and that they shall observe and assume all the obligations stipulated in the said
MOA. In this connection, it shall be the responsibility of the transferor to
inform transferee of the existence of MOA before the perfection of the new
set-up or relation. Likewise is shall be the duty of the transferee to inform, in
writing, the ICCs/IPs concerned and NCIP of the impending merger,
reorganization, transfer, acquisition, or joint venture and shall be required
to submit the necessary document required under Section 8 of this Guidelines
to ADO and the representative of the ICCs/IPs concerned.

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The preceding paragraphs shall not apply when it is expressly provided in the
MOA that a new FPIC is required in the event of merger, reorganization,
transfer of rights, and acquisition by another entity, or joint venture.
PART VI: IP SOLICITED/INITIATED PROJECTS, BASIC SOCIO- ECONOMIC

SERVICE ACTIVITIES AND OTHER CASES
Section 31. Community-Solicited or Initiated Activities. Subject to NCIP

validation, programs, projects and activities solicited or initiated by the
concerned ICC/IP themselves where the activity is for the delivery of basic
services or for the establishment of social enterprise to be undertaken within
or affecting the ancestral domain, do not require compliance with FBI/FPIC
requirement as provided in this Guidelines. The NCIP shall validate whether or
not:
a. The ICC, in fact, voluntarily solicited or initiated the plan, program,
project or activity to be undertaken;
b. The plan, program, project or activity conforms with community’s
ADSDPP or in the absence of the ADSDPP, the concerned community considers
the same to form part already of the ADSDPP that they will formulate in the
future;
c. The ICC knows the extent of the plan, program, project or
activity and its socio-
cultural/environmental impact to the community;
d. The parties acknowledge their obligations; or
e. The plan, program, project or activity is for the delivery of the
basic services or for the establishment of socio enterprise or enterprise
development involving community interest affecting land and resource use
that would provide employment or generate income to improve the living
condition and economic development of the concerned ICC/IP.
The Rules and Process of Validation as described hereafter shall be observed in

the conduct of the field based validation.
Section 32. Community-Exercise of Priority Rights to Natural Resources. The

intention of the ICCs/IPs to make use of or exercise their priority rights in
the harvesting, extraction, development or exploitation of any natural
resources within the ancestral domain shall be formally declared, in writing,
by the elders/leaders duly supported by a petition signed by the majority
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members of the community. Such declaration should be for specific purpose/s

and shall describe with particularity the area to be covered by the declaration.
It shall be made known to the NCIP through any of its offices and needs a
formal acknowledgement from the Commission after the same is validated by
the ADDO.
The Commission in acknowledging the declaration of ICCs/IPs to exercise their

priority right pursuant to Section 57 of the IPRA is duty bounded to formally
notify the concerned agency of such declaration through a Resolution and shall
ensure the said agency likewise acknowledges and respects the same. Such
notice shall effectively prevent the concerned agency from entertaining any
other application that would frustrate the object and purpose of the
declaration. Within a period of six (6) months from such notice, the ICC
declarant shall submit its project application to the concerned regulating
agency and comply with the minimum requirements for such application;
otherwise, the priority right declaration shall be of no effect. The NCIP
Provincial Officer or Service Center shall assist the concerned ICC in filling the
necessary application as well as in he preparation of the documents required
by the regulating agency.
To be considered as authentic, the declaration must be made by the

elders/leaders of the concerned ICCs/IPs duly supported by signed petition of
majority of the community members of the ancestral domain. In
acknowledging such declaration, the Commission shall require ADO to cause
the conduct of a Field Based Validation to confirm the following:
a. Authenticity of the declaration;
b. He existence of the plan or projects; and
c. The capacity of the ICCs/IPs to undertake the plan, program, project
or activity.
If a non-member of the ICCs/IPs concerned is allowed by the ICC to take part in

the development and utilization of the land or natural resources, whether such
participation is a result of a community solicitation or in connection with the
ICC declaration to exercise priority right, such participation of the non-member
shall be limited to a period not exceeding twenty- five (25) renewable for not
more than twenty-five years: Provided , That a formal and written agreement
is entered into which the ICCs/IPs concerned and the community, pursuant to
its own decision-making process, has agreed to allow such operation. In the

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absence of the ADSDPP, the concerned community shall be required to execute

an undertaking that the project or activity shall from part of ASDSPP to be
formulated: Provided, further, that the NCIP shall validate whether the said
activity is in accordance with the community’s ASDSPP. The Process of
Validation described hereafter shall be observed in the conduct of the field
based validation and that, the NCIP may exercise visitorial powers and take
appropriate action to safeguard the rights of the ICCs/IPs under the same
contract.
Section 33. Exercise of Traditional Resource-Use Rights. Gathering, hunting and

such other traditional use by members of the ICC/IP of natural resources found
within their ancestral domain including gathering of rattan and other forest
products for family/personal consumption and subsistence livelihood, do not
require the conduct of the FPIC Process as provided in this Guidelines:
Provided, That the use shall be limited for the ICC/IP’s traditional use. To avoid
circumvention or abuse of this provision, the NCIP shall validate such utilization
upon complaint of any member of the council of elders/leaders.
Section 34. Object and Process of Validation. Validation is intended to

determine the consent of the community relative to programs and projects
mentioned in Section 31, 32, 33, 40, and 41. The process of validation shall be
as follows:
(1) The NCIP motu proprio, or upon receipt of the written request for
validation, the Regional Director shall constitute a team from the provincial
office or service center, as the case may be, to conduct a filed validation;
(2) The team shall immediately conduct the validation thereafter
submit the appropriate report to the Regional Director within (10) days
from commencement of the field validation;
(3) Depending on the result of the validation, the Regional Director
shall within three (3) days, from receipt of the report, issue the Certificate
Precondition and/or take such appropriate measure for plans, programs,
projects, or activity referred to I Section 33 hereof. For those covered under
Section 31 and 32, the Regional Director shall endorse the validation
documents to the Commission through ADO for the issuance of a Certificate
Precondition and/or for appropriate action; and
(4) The process of validation shall be done through interviews of
elders/leaders and other community members;

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Even if any an activity is covered under Section 31, 32, 33, 40 and 41, the NCIP
may exercise its injunctive powers upon written complaint of any member of
the affected community to enjoin the conduct or continued implementation of
the program, project, plan or activity on order to safeguard the rights and
interests of the community.
Section 35. Emergency Cases. Where the conduct of plans, projects or

activities of the government or any civic, religious, or similar organizations
within ancestral domain is in response to emergency situations involving
public order, health, security or safety, FPIC shall not be required.
Section 36. Regulating of Entry of Migrants and Other Entities. Entry of

migrants and other entities for purposes of establishing a resettlement , or for
any of the activities falling under paragraphs (1)to(11) of Section 6 (A) require
the conduct of the FPIC process as provided in this guidelines. Entry of migrants
and other entities for purpose of conducting activities not falling under the said
paragraphs of Section 6 shall be approved or rejected by the community in
accordance with their customs, traditions and practices. Section 37. FPIC of
Resettled/Relocated of Displaced ICCs/IPs Within Public Domains. A group or a
community of IPs occupying a portion of public domain, whether as a result of
a resettlement or relocation project of the government or as a result of
displacement, has the right under Section 7, paragraphs (c) and (d) of the IPRA
to be provided with lands of quality and legal status at least equal to that land
previously occupied by them suitable to provide for their present needs and
future development; hence , the said ICCs/IPs shall not be treated as migrants
and can likewise exercise their rights to FPIC.
Section 38. FPIC Rights of Resettled, Displaced and Relocated IPs as well as
Migrant IPs Living in Co-existence with the Original IPs within the Domain. In
particular ICC/IP community where there exists resettled, displaced and
reallocated IPs or migrant IPs mingled or co-existence with the owners of the
AD, the right to FPIC of the resettled, displaced and relocated or migrant IPs
will depend on the custom, practice or tradition of the owners of the AD
allowing or disallowing the exercise thereof. Whether allowed or not allowed
by the owners of the AD to participate in the FPIC proceedings, they shall
likewise be entitled to the benefits by virtue of the MOA and to compensation
for damages, loss or injury to them or their properties. The obligation to
compensate the resettled, displaces and relocated IPs or migrant IPs of what is

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rightfully due them shall be recognized by the applicant in writing either in the
MOA or in a separate undertaking made as an integral part of the MOA.
Section 39. Small-Scale Quarrying approved by Local Government Units(LGUs).

The certification precondition for small-scale quarries, whose permits are
issued by LGUs, shall be issued by the concerned Regional Director with the
concurrence of the concerned Ethnographic Commissioner.
PART VII: RESEARCH ACTIVITIES
Section 40. Community-Initiated or Solicited Research. Research activities

solicited, commissioned or conducted by the concerned ICC/IP themselves to
be undertaken within or affecting the ancestral domain, shall be governed by
Section 34 of this Guidelines.
Section 41. Academic Research and Research in Aid of Policy. The conduct of
researches herein below enumerated within the ancestral domain may be
allowed or disallowed by the concerned community elders/leaders in
accordance with their customary ways and practices: Provided, That the
research applicant shall notify in writing the concerned Provincial Office prior
to the concerned ICCs/IPs, the research applicant shall obtain a CP from the
concerned Regional Director. The CP shall contain such terms and conditions
provided by concerned ICCs/IPs and/or Regional Director. The CP bearing the
conformity of the ICCs/IPs through their authorized elders/leaders and the
applicant shall constitute the contract between them.
a. Academic Researches – those conducted pursuant to a
scholastic
program and/or researches required to earn a particular academic
accreditations or degree.
b. Researches conducted in Aid of Policy – all researches conducted
for the purpose of developing policies or programs intended for the benefit of
indigenous peoples.
c. Researches necessary to implement the mandates of the NCIP –all
types of researches needed to enforce the mandate of the NCIP including, but
not limited to, those involving delineation of ancestral domains, preparation of
ASDSPP, documentation of customary law.
d. Social Research and Researches on the IP’s Culture and Arts – all

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researches conducted for the purpose of understanding the history, social

relations and dynamics of IP communities as well as those involving the IPs,
Culture and Arts.
Except for purely news coverage, all video publications of researches under
Section 41 (a) and (d), the applicant must secure the consent of the concerned
elders/leaders as certified by the concerned NCIP Regional Director. The video
to be presented for public view must bear the information that the contents to
be viewed bear the consent of the concerned elders/leaders of the community
being the subject of the video documentation.
Section 42. Bioprospecting. Bioprospecting activities within ancestral domains

shall comply with the FPIC process as provided in this Guidelines. For those
ancestral domain areas covered by the Joint DENR-DA-PCSD-NCIP
Administrative Order No.1, Series 2005, the FPIC process to be observed shall
be in accordance with Chapter V thereof, unless the same is modified, revoked
or repealed jointly by parties.
PART VIII: MEMORANDUM OF AGREEMENT
Section 43. Preparation of the Memorandum of Agreement. When the consent

of the concerned community is obtained, the terms and conditions thereof
shall be embodied in a Memorandum of Agreement (MOA) to be executed
between among and among the ICC/IP’s, the applicant and the NCIP and any
other party that may be necessarily involved. The MOA shall be prepared by
the FPIC team strictly in accordance with what has been agreed upon by the
parties. The drafting shall be the primary obligation of the Legal Officer of the
province or in his/her absence the Regional Legal Officer, and the FPIC Team
members. The first draft shall immediately be translated into the language or
dialect understood by the ICCs/IPs concerned. The Provincial
Officer or Service Center Head shall inform the Regional Director and request
the presence of RRT members. The review authority of the RRT is to be
performed in this meeting. The translated version along with the English or
Filipino version shall be presented and explained to the council of
elders/leaders. If the contents of the MOA is affirmed, those previously
authorized to sign in behalf of the community shall affix their
signature/thumbmark and present themselves before a notary public to
acknowledge the document they have executed. If there are necessary

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corrections to be made to reflect the terms and conditions originally agreed

upon, the applicant shall be given the opportunity to examine the corrections.
Thereafter, the parties may proceed to execute the MOA as provided herein.
Should the duly authorized elders/leaders sign the MOA by affixing their
thumb-marks, a member of the community who knows how to read and write
shall participate as an instrumental witness.
Section 44. Final Review of Memorandum of Agreement by the Legal Affairs

Office. The MOA shall be reviewed by the Legal Affairs Office (LAO) prior to the
endorsement of the FPIC report by ADO to the Commission. The legal advisory
of the LAO shall form part of the FPIC Report of ADO.
Section 45. Contents of the Memorandum of Agreement. The MOA shall

stipulate among others, the following:
a) The detailed premises of the agreement;
b) All parties involved ;
c) Inclusive dates/ duration of agreement;
d) Other than what has already been granted by law, the benefits to be
derived by the host ICC/IPs, indicating the type of benefits, specific target
beneficiaries as sector and number, the period covered, and other pertinent
information that could guide the future monitoring and evaluation of the MOA;
e) Use of all funds to be received by the host ICC/IP communities, ensuring
that a portion of such funds shall be allocated for development projects, social
services and/or infrastructures in accordance with their development
framework.
f) Detailed measures to protect IP rights and value systems;
g) Detailed measures to conserve/protect affected portion of
the ancestral domain critical for watersheds, mangroves, wildlife,
sanctuaries, forest cover, and the like;
h) Responsibilities of the applicant s well as the host IP
community;
i) The monitoring and evaluation system of the MOA, to
include the
submission of reports and creation of monitoring teams;
j) Whether the concerned ICCs/IPs shall require another FPIC
to be conducted in case of merger, reorganization, transfer of rights,
acquisition by another entity, or joint venture;

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k) Remedies and./or Penalties for non-compliance or violation

of the terms and conditions which includes applicability of customary
laws and imposition of sanction/s;
l) Undertaking in writing to answer for damages which the
ICCs/IPs may
suffer on account of the plan, program, project or activity. If in addition to the
undertaking, the community requires the applicant to deposit a cash bond or
post a surety bond to answer for such damages, the amount of the bond shall
be equivalent to at least one percent (1%) of the cost investment subject to
progressive increase, depending upon the effect of the project. The MOA shall
be accompanied by proof of the deposit of a cash bond or surety bond with the
NCIP. The surety bond must be secured from a reputable bonding company
duly accredited by the Supreme Court and accompanied with an indemnity
agreement and acceptable collateral other than a check. The applicant shall
certify that the bond shall be in effect until expiration of the plan, project or
undertaking.
m) Other requirements provided in this Guidelines.
Section 46. Signatories to the Memorandum of Agreement. The signatories of

the MOA shall be:
a. Elders/leaders who have been identified during the
validation and
authorized by the community to sign;
b. For corporations, partnerships or single proprietorship
entities, the
authorized officers, representatives, or partners as per Board resolution; and
c. The Chairperson, by the authority of the Commission, shall
sign the MOA in behalf of the NCIP as the Third Party; in case where the
Regional Director is authorized by this Guidelines to issue the
corresponding certification precondition, the Regional Director
concerned is likewise authorized by the Commission to sign.
Section 47. Complaint related to the Memorandum of Agreement. Any

complaint involving the interpretation and implementation of the MOA shall be
filed with the appropriate NCIP Regional Hearing Office (RHO) for disposition.
The decision of the RHO may be appealed in accordance with the provisions of
Administrative Circular No. 1, Series of 2003.

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Section 48. Applicability of Customary laws and Imposition of Sanctions for

Violation of the Terms of the MOA. Any person/party who willfully violates or
fails to comply with his duty or obligation under the provisions of the MOA may
be proceeded in accordance with the customary laws and practices of the host
or concerned ICC/IPs and sanctions may be imposed in accordance therewith:
Provided, That the sanctions are not excessive, cruel and degrading, and
without prejudices to the exhaustion of the latter’s visitorial and injunctive
powers.
PART IX: PROHIBITED ACTS AND REMEDIES
Section 49. Prohibited Acts. After the filing of the application and during the
period that the application is pending, any of the following acts or omissions is
hereby declared either as acts prejudicial to the interest of the IP community in
the attainment of their consent or acts in circumvention of the intent of the
law in requiring the free, prior and informed consent of ICC/IP community and
are therefore prohibited:
a) By the applicant:
1) Employment or use of force, treat, coercion, intimidation, at any
degree or in any manner, including those done by individuals or group of
persons acting for the applicant;
2) Bringing of firearm/s in the community during visits by the
applicant or group of persons acting for the applicant. When needed, armed
security shall be obtained from the local police authorities or the AFO as
requested by the NCIP;
3) Bribery or promise of money, privilege, benefit or reward
other than what is presented by the applicant during the consultative
community assembly/first meeting [Sec. 26(b) and 27 (a)] with the
elders/leaders;
4) Clandestine or surreptitious negotiations with IP individuals, some
members of the community concerned or leaders done, without the
knowledge of the council of elders, leaders or majority of members of the
community;
5) Donations to the community or to any of its member for the
purpose of influencing the decision of the ICCs/IPs.
6) Holding of unauthorized meeting such as but not limited to wining
and/or dining sessions, and the like or such other activities with the NCIP
Official and personnel and/or members of the affected community, with the

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intention of unduly influencing the result of the FPIC process. 7) Deliberately

delaying the progress of the FPIC process. b) By the NCIP Officer or Employee:
1. Acceptance or receipt of money, gifts or other valuable thing from
the applicant intended to unduly influence the outcome of the FPIC process;
2. Consorting with the applicant or with any person connected to or
process;
3. Deliberate failure to act appropriately on complaints coming from
the community concerning prohibited acts committed by the applicant or the
latter’s representatives;
4. Gross negligence or deliberate omission to perform his duty
required of him by this Guidelines;
5. Acting on or performing his duty in consideration of any offer,
promise of future reward, privilege or benefit from the applicant;
6. Undue interference in the work of the FBIT/FPICT/RRT or doing
the latter’s work without being a member thereof;
7. Use of falsified narration of facts in reports, attachments or any
supporting documents in the reports submitted with respect to FBI, and all
other necessary documents covered by the FPIC;
8. Holding of unauthorized meetings such as but not limited to
wining and dining drinking sessions, and the like or such other activities with
the applicant and/or members of the affected community, with the intention
of unduly influencing the result of the FPIC process in favor of the applicant;
and
9. Demanding or receiving from the applicant, IP community, or
support institutions like NGO’s, government agencies and institutions money,
or any gift, donation or other valuable thing outside the approved work and
financial and/or supplement plan for the conduct of FBI and FPIC processes
Any other acts or omission by NCIP officer or employee punishable or
prohibited under any existing laws, rules and regulations governing public
officers/employees.
c) By the IP Community or Member and/or Elders/Leaders
1) Solicitation and acceptance or receipt of gifts, money or other
valuable things from the applicant intended to unduly influence the outcome
of the FPIC process in favor of the applicant;
2) Consorting with the applicant or with any person connected to or
process in favor of the applicant;

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3) Negotiating or mediating or transacting business with the

applicant without proper authority from the affected ICC/IP; and
4) Giving or promising to give his consent in consideration of any
offer, promise, future reward, privilege or benefit from the applicant other
than what has been provided for or explained by the applicant to the Council
of Elders or Leaders and community members during the consultation
meetings.
d) Other Prohibited Acts by NGOs/Gas/LGUs & Other Groups
Undue influence or interference with the FPIC process or to the community,
either to the members, elders/leaders or their representatives, exerted by
representatives of NGOs or Gas or local government instrumentalities,
including barangay officials and their functionaries, and those made by other
entities or groups with religious affiliations.
Section 50. Sanctions. Sanctions shall be imposed only after due notice and
after the parties are given the opportunity to be heard, as follows:
a) Grave Violation. Commission of any of the prohibited acts by the
applicant/s considered grave violations shall constitute a ground for the
nonissuance of the certificate applied for.
The violation is considered grave when the commission of the prohibited
acts is intentional and has resulted to loss of life or serious damage to property
of an IP member of the community, committed by means of, but not limited to
employment or use of force, threat, coercion, intimidation, violence, including
those done by the individuals or group of persons acting for the applicant,
including repeated commission of prohibited acts considered not grave.
Grave violation shall be a ground for disqualification on the future
applications for certificate precondition within ancestral domain areas, without
prejudice to filling of appropriate criminal action against the offender under
IPRA or the Revised Penal Code and other special laws. The imposition of
disqualification can be lifted only upon petition by the individual or entity upon
whom the disqualification was imposed, stating the grounds why the
disqualification should be lifted. No such petition shall be entertained by the
Commission without the favorable recommendation of the IP community
concerned whose rights were seriously violated;
b) Less Grave Violations. Commission of any prohibited acts by
or
attribute to the applicant, may constitute grounds for the suspension of the
FPIC process by the Regional Director until such time that the violation is

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sufficiently addressed as certified to by the concerned elders/leaders, in which

event, the Regional Director shall order the continuation of the FPIC process.
Less grave violations refer to the commission of the prohibited acts
intentionally committed, but which do not results to loss of life or serious
damage to property of an IP member of the community.
For deliberate delay in the conduct of the FPIC process, attributable
to the applicant, the application shall, upon order of the Regional Director, be
returned to the endorsing agency. If the extent of the commission of the
prohibited act would adversely affect the outcome of the community consent
proceedings, the said proceedings shall, upon written request, be suspended by
the Regional Director until it is shown that the prohibited act done has already
been addressed.
c) Commission of any of the prohibited acts by or attributable
to NCIP officers or employees will be proceeded against, and proper
sanction shall be imposed, in accordance with existing laws, rules and
regulations. In addition, he shall be, upon finding of prima facie evidence,
immediately divested of his authority to be part of the proceedings upon order
of the Regional Director and the former will be proceeded against criminally
and/or administratively in accordance with the Civic Service Rules and
Regulations on discipline.
Commission of any of the prohibited acts by or attributable to the NCIP
Regional Director of the ADO Director shall, upon finding of prima facie
evidence, after hearing, immediately divest him/her of his/her authority to be
part of the proceedings upon order of the Commission, In addition, the
Commission shall file the necessary Criminal and Administrative Charges
against the erring officer.
d) Prohibited acts committed by any officer or employee of any
Government Agencies (GAs)/ Local Government Units (LGUs) will be proceeded
against, the proper sanction shall be imposed, in accordance with existing laws,
rules and regulations.
e) Prohibited acts committed by any member of NGOs and other
groups or individuals shall be ground for a warning, contempt or exclusion
from the
FPIC proceedings applying the Commission’s subpoena and contempt powers;
f) Commission of any of the prohibited acts by or attributable
to
the IPs/ICCs/Elders/Leaders shall be first subjected to customary laws of the
affected community. When there is no relief, a complaint may be filed by the

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aggrieved party with the RHO for the enforcement of the decision made under
customary laws or for the award of damages. In no case shall the RHO issue an
order or judgment for the suspension of the FPIC proceedings or for the
nonissuance of the certificate applied for, or if already issued, an order or
judgment for its revocation.
Section 51. Jurisdiction of Regional Hearing Officer on FPIC Controversies.

Violations of the requirement of the FPIC under this Administrative Order shall
be dealt with accordingly. For this purpose, cases involving violations of the
requirement of FPIC which are within the original and exclusive jurisdiction of
the Regional Hearing Officer as provided under Administrative Circular No. 1 ,
Series of2003 shall be refer only to cases where the plan, program, project or
activity was implemented without the required FPIC.
Section 52. Hearing of Complaints before Application is Endorsed to ADO.

Prior to the endorsement of the FPIC application to the ADO, or issuance by the
Regional Director of the CNO, all complaints involving irregularities in the
implementation of this Guidelines, including commission of any of the
prohibited acts shall be filed with the concerned Regional Director, copy
furnished the FBI/FPIC Team Leader. Within ten (10) days from the receipt
of the complaint, the FBI/FPIC Team shall submit its answer thereto. The
complaint shall be resolved by the Regional Director within ten (10) days from
the receipt of the answer or expiration of the period for filing thereof. The
resolution shall address the irregularities or in case of commission of prohibited
acts, recommend to the Commission to impose appropriate sanctions.
No motion fro reconsideration shall be allowed. The remedy of the aggrieved

party is to file a petition pursuant to Section 55 hereof within ten (10) days
from receipt of the decision of the Regional Director. The aggrieved party must
be furnished by the Regional Director a copy of the decision on the very date
that the decision is rendered.
The filling of the administrative complaint shall not, as far as practicable stop
the FPIC process or of the processing of the application unless the sanction
calls for it.
Section 53. Hearing of Compliant after Application is Endorsed to

ADO/Certification Issued. After the FPIC application is endorsed to the ADO, or

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after the concerned Regional Director issues the CNO, all petitions involving the
irregularities in the implementation of this Guidelines or those involving the
commission of prohibited acts shall be filed with the Commission through the
Clerk of the Commission, in nine (9) copies, with the original copy indicated as
such, copy furnished the concerned Regional Director. The petition must be
verified and accompanied by sworn affidavits of witnesses, other evidence and
a certification of non-forum shopping executed in accordance with the
requirements of the Rules of Court.
Section 54. Transmittal of Records and Comment. Upon the filling of the
petition, the Clerk of the Commission shall, within three (3) days, direct the
ADO to forward the records of the FPIC applications to the Office of the Clerk of
the Commission or the Regional Director to forward the CNO together with all
accompanying documents within ten (10) days from the receipt of the
directive. Within ten (10) days from receipt of a copy of the petition, the
concerned Regional Director may file a comment to the petition, attaching
therewith such evidence other than those included in the records of the FPIC
application indorsed to the Commission.
Section 55. Summary Proceedings to Resolve Petition. In the course of its
proceedings, the Commission may require the submission of additional
evidence or the conduct of certificatory hearings, after which, the Commission
shall resolve the petition within thirty (30) days from the Order submitting the
case for resolution. Only one motion for reconsideration shall be allowed which
must be file within ten (10) calendar days from the receipt of the decision,
resolution or order, with proof of service that a copy of the motion was
furnished the other parties to the petition.
PART X: FINAL PROVISIONS
Section 56. Applicability to Pending Applications. This Guidelines shall

apply to all applications for issuance of Certification Precondition and Issuance
of Certificate of Free and Prior Informed Consent by the IP/ICC received after
the effectively of this Guidelines: Provided, however, That in cases where the
application was already received but no FBI was commenced due to failure of
applicant to pay the required fee, such application shall still be covered by this
Guidelines.

283
Section 57. Separability Clause. In cases any clause, section, sentence, or

provision of this Administrative Order or any portion hereof is held or declared
unconstitutional or invalid by a competent Court, the other sections or
portions hereof which are not affected thereby shall continue to be in full force
and effect.
Section 58. Repealing Clause. This Administrative Order repeals NCIP AO-03,
Series of 2002. The provisions of other Circulars, Memoranda, and
Administrative Orders, issued by this Commission, inconsistent herewith or
contrary to the provisions hereof are hereby repealed or modified accordingly.
days after its last publication in a newspaper of general circulation and
registration in the Office of the National Administration Register, U.P. Law
Center, Diliman, Quezon City, Philippines.
JURISPRUDENCE ON INDEGENOUS PEOPLE ACT OF 1997
Cruz v. Sec. of Environment And Natural Resources, G.R. No. 135385,

December 6, 2000
FACTS:
Petitioners Isagani Cruz and Cesar Europa brought a suit of prohibition and
mandamus as citizens and taxpayers assailing the constitutionality of certain
provisions of R.A 8371 also known as Indigenous Peoples Rights Act (IPRA), and
its Implementing Rules and Regulations (IRR). Several groups such as Haribon
ET. Al, and CHR filed motion to intervene which was granted by the court.
Petitioners aver that provisions of RA 8317 in sections of IPRA particularly the

sections 3(a) and 3(b), section 6, 7 and 8 and sections 57 and 58, being contrary
to the regalia Doctrine. They also assailed the provisions of RA 8371 defining
the powers and jurisdiction of the NCIP on the ground that the provisions
violate the due process cause by the Constitution.
284
ISSUE:
Whether or not the assailed sections of the IPRA law are unconstitutional.
HELD:
The Court was divided equally, where 7 members voted for the dismissal and
the other 7 voting for the grant of petition. As majority was not obtained, the
case was redeliberated upon, However after such redeliberation, the voting
remained, pursuant to the Rules of Court, the petition was dismissed. Thus we
look upon the separate opinions made by Justices Puno, Vitug, Kapunan,
Mendoza and Panganiban to look upon how the issue was addressed in their
opinions.
Loloy Unduran v. Ramon Aberasturi, G.R. No. 181284, October 20, 2015
FACTS:
Petitioners are members of the Miarayon, Lapok, Lirongan, Talaandig Tribal

Association (MILALITTRA) or Talaandig tribe, who claimed to have been living
since birth on the land located at Barangay Miarayon, Talakag, Bukidnon,
Mindanao, which they inherited from their forefathers.
Respondents, represented by attorney-in-fact Ramon Aberasturi, claimed to be

the lawful owners and possessor of an unregistered parcel of agricultural land.
On March 3, 2004, respondents filed a Petition for Accion Reivindicatoria, with

Prayer for the Issuance of a Temporary Restraining Order or Preliminary
Prohibitory Injunction with Damages before the Regional Trial Court of Manolo
Fortich, Bukidnon (RTC).

285
On March 23, 2004, the rest of the petitioners filed their Motion to Dismiss,
alleging that the RTC had no jurisdiction over the case.
As awardees of a CADT, petitioners argued that NCIP has exclusive and original
jurisdiction over the case, as the subject matter concerns a dispute and
controversy over an ancestral land/domain of Indigenous Cultural Communities
(ICCs)/Indigenous Peoples (IPs).
On July 1, 2004, the NCIP through Atty. Melanie Pimentel, filed a Motion to
Refer the Case to the Regional Hearing Office-National Commission on
Indigenous Peoples (RHO-NCIP), alleging that the RTC had no jurisdiction over
the subject matter.
ISSUE: In resolving the pivotal issue of which between the RTC and the NCIP
has jurisdiction over the respondents' amended complaint.
HELD: The petition has no merit.
Court disagrees with their contention that petitioners do not have legal
capacity or standing and locus standi to file the petition, for failure to show
that they are members of IPs/ICCs, or that they are authorized to represent the
Talaandig tribe.
That petitioners are the real parties in interest can be gleaned from the Entry of
Appearance with Motion to Refer the Case to the Regional Hearing Office of
the NCIP filed by the NCIP Special Transition Team-Quick Response Unit
(STRAT-QRU). The STRAT-QRU counsels alleged therein that the respondents'
complaint for recovery of ownership (accion reinvidicatoria) sought to recover
an unregistered real property situated in Miarayon, Bukidnon, from petitioners,
all of whom are, with the exception of Nestor Macapayag and Mark Brazil,
member-beneficiaries of CADT No. R10-TAL-0703-0010 issued by the NCIP in
the name of the Talaandig Indigenous Peoples, located at Talakag, Province of
Bukidnon. In support of their allegation, petitioners presented a certification
that the disputed land is within the area covered by the same CADT, and the
NCIP List of Beneficiaries of Talaandig Ancestral Domain of Miarayon, Lirongan,
Lapok, San Miguel, Talakag, Bukidnon.
In contrast, respondents failed to submit any evidence to dispute petitioners'

claim that they are members of the Talaandig Tribe. Hence, respondents'

286
contention that petitioners have no legal standing to file the petition, is

without merit.
Having spelled out the jurisdictions conferred by law to the RTC and the NCIP
over the subject matters of their respective cases, the Court now examines the
allegations in the original and amended complaints to find out which tribunal
may properly exercise jurisdiction over this case.
Respondents traced the provenance of their title over said land to one
Mamerto Decano, a Chieftain of Talaandig tribe, by virtue of a Deed of Sale
executed on July 27, 1957.
They claimed that by means of fraud, stealth and surreptitious means,

petitioners entered the said land, without permission and against the consent
of the landowners, caused damages therein and harassed respondents by
indiscriminately firing upon their farm workers.
The Court therefore finds that the CA correctly ruled that the subject matter of
the amended complaint based on allegations therein was within the
jurisdiction of the RTC.
Contrary to petitioners' contention, the mere fact that this case involves
members of ICCs/IPs and their ancestral land is not enough for it to fall under
the jurisdiction of the NCIP under Section 66 of the IPRA, to wit:
A careful review of Section 66 shows that the NCIP shall have jurisdiction over
claims and disputes involving rights of ICCs/IPs only when they arise between
or among parties belonging to the same ICC/IP.
The qualifying provision requires two conditions before such disputes may be
brought before the NCIP, namely: (1) exhaustion of remedies under customary
laws of the parties, and (2) compliance with condition precedent through the
said certification by the Council of Elders/Leaders.
In this case, while most of the petitioners belong to Talaandig Tribe,

respondents do not belong to the same ICC/IP.

287
Thus, even if the real issue involves a dispute over land which appears to be
located within the ancestral domain of the Talaandig Tribe, it is not the NCIP
but the RTC which shall have the power to hear, try and decide this case. The
Court declares Rule IX, Section 1 of the IPRA-IRR, Rule III, Section 5 and Rule IV,
Sections 13 and 14 of the NCIP Rules as null and void in so far as they expand
the jurisdiction of the NCIP under Section 66 of the IPRA to include such
disputes where the parties do not belong to the same ICC/IP.
WHEREFORE, the petition is DENIED.
Engineer Ben Y. Lim, et al. v. Hon. Sulpicio G. Gamosa, G.R. No. 193964,
December 2, 2015
FACTS:
Respondent Tagbanua Indigenous Cultural Community of Barangay Buenavista,

Coron, Palawan filed a petition before the National Commission on Indigenous
People (NCIP) against petitioners for “Violation of Rights to Free and Prior and
Informed Consent (FPIC) and Unauthorized and Unlawful Intrusion with Prayer
for the Issuance of Preliminary Injunction and TRO.”
Despite a motion to dismiss being a prohibited pleading under NCIP

Administrative Circular No. 1-03, petitioners moved to dismiss the petition on
the ground, among others, that NCIP lack jurisdiction over the subject matter
of the petition because petitioners are not members of the ICC/IP. The NCIP,
288
however, resolved to deny the motion to dismiss. Likewise, the Court of

Appeals affirmed the NCIP’s denial and reasoned out that from the wording of
Section 66 of the IPRA, the NCIP was bestowed with an all-encompassing grant
of jurisdiction over all claims and disputes involving rights of ICCs/IPs and that
the requirement in the proviso contained in the section i.e. obtaining
certification from the Council of Elders/Leaders that the parties had exhausted
all remedies provided under their customary law prior to the filing of an action,
applied only to instances where both parties were members of an ICC/IP. In all,
the Court of Appeals upheld that when a claim or dispute involves rights of the
ICCs/IPs, the NCIP has jurisdiction over the case regardless of whether the
opposing party is a non-ICC/IP.
Petitioners thus filed this petition for review on certiorari.
ISSUE:
Does the NCIP have jurisdiction over the subject matter of the instant case?
HELD:
NO. SECTION 66 of the IPRA is exclusionary, specifically excluding disputes

involving rights of ICCs/IPs where opposing party is a non-ICC/IP. This provision
reflects IPRA’s emphasis of customs and customary law to govern in the lives of
the ICCs/IPs. In fact, even the IPRA itself recognizes that customs and
customary law cannot be applied to non-ICCs/IPs since ICCs/IPs are recognized
as a distinct sector of the Philippine society.
The limited or special jurisdiction of the NCIP, confined only to a special cause
involving ICCs/IPs, can only be exercised under the limitations and
circumstances prescribed by the statute.
Former Chief Justice Reynato Puno, in his separate opinion in Cruz v. Secretary
of Environment and Natural Resources, emphasizes the primacy of customs
and customary law in the lives of the members of the ICCs/IPs:
“Custom, from which customary law is derived, is also recognized under the
Civil Code as a source of law x x x. [I]n the absence of any applicable provisions
in the Civil Code, custom, when duly proven, can define rights and liabilities.

289
Customary law is a primary, not secondary, source of rights under the IPRA and
uniquely applies to ICCs/IPs. Its recognition does not depend on the absence of
a specific provision in the civil law. The indigenous concept of ownership under
customary law is specifically acknowledged and recognized, and coexists with
the civil law concept and the laws on land titling and land registration.”
Once again, the primacy of customs and customary law sets the
parameters for the NCIP’s limited and special jurisdiction and its consequent
application in dispute resolution. Demonstrably, the proviso in Section 66 of
the IPRA limits the jurisdiction of the NCIP to cases of claims and disputes
involving rights of ICCs/IPs where both parties are ICCs/IPs because customs
and customary law cannot be made to apply to non-ICCs/IPs within the
parameters of the NCIP’s limited and special jurisdiction.
Clearly, the phraseology of “all claims and disputes involving rights of ICCs/IPs”
does not necessarily grant the NCIP all-encompassing jurisdiction whenever
the case involves rights of ICCs/IPs without regard to the status of the parties,
i.e, whether the opposing parties are both ICCs/IPs.
WHEREFORE, the appeal is granted. The NCIP’s Resolution is reversed and set
aside and respondents may refile their complaint against petitioners in a court
of general jurisdiction.
Tanenglain v. Lorenzo, et al., G.R. No. 173415, March 28, 2008
FACTS:
This case involves two parcels of land (subject properties), located and adjacent
to the Sto. Tomas Baguio Road, with areas of 7,860 square meters and 21,882
square meters, covered respectively by Transfer Certificates of Title (TCT) No.
T-29281 and T-29282 registered in the Registry of Deeds of Baguio City both in
the name of petitioner.
Respondents Silvestre Lorenzo, et al., members of the Indigenous Cultural

Minority of the Cordillera Administrative Region, filed a Petition for
Redemption under Sec. 12, Republic Act No. 3844 dated 29 July 1998 before
the Department of Agrarian Reform Adjudication Board (DARAB) praying that:
(1) they be allowed to exercise their right of redemption over the subject
290
properties; (2) TCTs No. T-29281and T-29282 in the name of petitioner be

declared null and void; (3) the subject properties be declared as ancestral land
pursuant to Section 9 of Republic Act No. 6657; and (4) petitioner be ordered
to pay disturbance compensation to respondents.
Adjudicator ruled in favor of Lorenzo and ruled that the lands are ancestral
lands and the TCTs are null and void because the titles of Tanenglian’s
predecessors in interest were secured by fraud. The decision was affirmed by
DARAB and then the CA thus Tanenglian’s appeal to the SC. He argues that the
DARAB does not have jurisdiction over the controversy and furthermore, that
the declaration of the land as ancestral land was done with grave abuse of
discretion amounting to lack or excess of jurisdiction.
ISSUE:
Whether or not Tanenglian was wrongfully deprived of his land.
HELD:
Yes. Ra 8371, or the IPRA specifically provides a more thorough definition of

ancestral lands and it designates the NCIP (Nat’l Commission on Indigenous
Peoples) as the primary gov’t agency responsible. The DARAB was without
jurisdiction when it declared that the properties are ancestral land. More
importantly, the regional adjudicator was without jurisdiction in entertaining a
collateral attack on Tanenglian’s TCTs. In an earlier case for quieting of title,
Tanenglian’s title to the properties was already affirmed with finality. A suit for
quieting of title is an action quasi in rem: conclusive to the parties to the suit.
Nevertheless, Lorenzo cannot pray for the Regional Adjudicator to declare the
TCTs null and void for it would constitute a collateral attack on his titles which
is NOT allowed.
Doctrine: A collateral attack is made when in another action to obtain a

different relief, an attack on the judgment is made as an INCIDENT to said
action. This is compared to a direct attack, whose main object is to annul a
judgment. In this case, Tanenglian’s titles have acquired the character of
indefeasibility so it CANNOT be collaterally questioned.
WHEREFORE, premises considered, the instant petition is GRANTED.

291
Lamsis, Et. Al. V. Dong-Eg.R. No. 173021, October 20, 2010
FACTS:
This case involves a conflict of ownership and possession over an untitled
parcel of land located along Km. 5 Asin Road, Baguio City. While petitioners are
the actual occupants of Lot No. 1, respondent is claiming ownership thereof
and is seeking to recover its possession from petitioners. According to
respondent Margarita Semon Dong-E (Margarita), her families ownership and
occupation of Lot No. 1 can be traced as far back as 1922 to her late
grandfather, Ap-ap. Upon Ap-aps death, the property was inherited by his
children, who obtained a survey plan in 1964 of the 186,090-square meter
property, which included Lot No. 1.
The heirs of Ap-ap then executed, for a P500.00 consideration, a Deed of
Quitclaim on February 26, 1964 in favor of their brother Gilbert Semon

292
(Margaritas father). Sometime between 1976 and 1978, Gilbert Semon

together with his wife Mary Lamsis, allowed his in-laws Manolo Lamsis and
Nancy Lamsis-Kitma, to stay on a portion of Lot No. 1 together with their
respective families. When Gilbert Semon died in 1983, his children
extrajudicially partitioned the property among themselves and allotted Lot No.
1 thereof in favor of Margarita.The state of affairs changed when petitioners
Delfin and Agustin allegedly began expanding their occupation on the subject
property and selling portions thereof.[16] Delfin allegedly sold a 400-square
meter portion of Lot No. 1 to petitioner Maynard Mondiguing (Maynard) while
Agustin sold another portion to petitioner Jose Valdez (Jose). Margarita filed a
complaint for recovery of ownership, possession, reconveyance and damages
against all four occupants of Lot No. 1 before the Regional Trial Court (RTC) of
Baguio City. To bolster her claim of ownership and possession, Margarita
introduced as evidence an unnumbered resolution of the Community Special
Task Force on Ancestral Lands (CSTFAL) of the Department of Environment and
Natural Resources (DENR), acting favorably on her and her siblings ancestral
land claim over a portion of the 186,090-square meter property.
ISSUES:
1. Whether the ancestral land claim pending before the National
Commission on Indigenous Peoples (NCIP) should take precedence over the
reivindicatory action.
2. Whether the trial court has jurisdiction to decide the case in light of the
effectivity of RA 8371 or the Indigenous Peoples Rights Act of 1997 at the time
that the complaint was instituted.
HELD:
1. The Court held that a registration proceeding (such as the certification of
ancestral lands) is not a conclusive adjudication of ownership, hence, it will not
constitute litis pendentia on a reivindicatory case where the issue is ownership.
For litis pendentia to be a ground for the dismissal of an action, the following
requisites must concur: (a) identity of parties, or at least such parties who
represent the same interests in both actions; (b) identity of rights asserted and
relief prayed for, the relief being founded on the same facts; and (c) the
identity with respect to the two preceding particulars in the two cases is such
that any judgment that may be rendered in the pending case, regardless of
which party is successful, would amount to res judicata in the other case.The

293
third element is missing, for any judgment in the certification case would not
constitute res judicata or be conclusive on the ownership issue involved in the
reivindicatory case. Since there is no litis pendentia, there is no reason for the
reivindicatory case to be suspended or dismissed in favor of the certification
case. Moreover, since there is no litis pendentia, we cannot agree with
petitioners contention that respondent committed forum-shopping. Settled is
the rule that forum shopping exists where the elements of litis pendentia are
present or where a final judgment in one case will amount to res judicata in the
other.
2. As a rule, an objection over subject-matter jurisdiction may be raised at
any time of the proceedings. An exception to this rule has been carved by
jurisprudence. The Court ruled that the existence of laches will prevent a party
from raising the courts lack of jurisdiction. Laches is defined as the failure or
neglect, for an unreasonable and unexplained length of time, to do that which,
by exercising due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable time, warranting
the presumption that the party entitled to assert it either has abandoned or
declined to assert it. At the time that the complaint was first filed in 1998, the
IPRA was already in effect but the petitioners never raised the same as a
ground for dismissal; instead they filed a motion to dismiss on the ground that
the value of the property did not meet the jurisdictional value for the RTC.
They obviously neglected to take the IPRA into consideration.
Thus, even assuming arguendo that petitioners theory about the effect of IPRA
is correct (a matter which need not be decided here), they are already barred
by laches from raising their jurisdictional objection under the circumstances.
Central Mindanao University v. The Honorable Executive Secretary, Et. Al.,

G.R. No. 184869, September 21, 2010
FACTS:
Petitioner Central Mindanao University (CMU) is a chartered educational

institution owned and run by the State. In 1958, the President issued
Presidential Proclamation 476, reserving 3,401 hectares of lands of the public
domain in Musuan, Bukidnon, as school site for CMU. Eventually, CMU
obtained title in its name over 3,080 hectares of those lands under Original

294
Certificates of Title (OCTs) 0-160, 0-161, and 0-162. Meanwhile, the

government distributed more than 300 hectares of the remaining untitled
lands to several tribes belonging to the area’s cultural communities.
Forty-five years later, President Gloria Macapagal-Arroyo issued Presidential

Proclamation 310 that takes 670 hectares from CMU’s registered lands for
distribution to indigenous peoples and cultural communities in Barangay
Musuan, Maramag, Bukidnon. On April 3, 2003, however, CMU filed a petition
for prohibition against respondents Executive Secretary, Secretary of the
Department of Environment and Natural Resources, Chairperson and
Commissioner of the National Commission on Indigenous Peoples (NCIP), and
Lead Convenor of the National Anti-Poverty Commission (collectively, NCIP, et
al) before the Regional Trial Court (RTC) of Malaybalay City (Branch 9), seeking
to stop the implementation of Presidential Proclamation 310 and have it
declared unconstitutional.
The NCIP, et al moved to dismiss the case on the ground of lack of jurisdiction
of the Malaybalay RTC over the action, pointing out that since the act sought to
be enjoined relates to an official act of the Executive Department done in
Manila, jurisdiction lies with the Manila RTC. The Malaybalay RTC denied the
motion, however, and proceeded to hear CMU’s application for preliminary
injunction. Meanwhile, respondents NCIP, et al moved for partial
reconsideration of the RTC’s order denying their motion to dismiss.
On October 27, 2003, after hearing the preliminary injunction incident, the RTC
issued a resolution granting NCIP, et al’s motion for partial reconsideration and
dismissed CMU’s action for lack of jurisdiction. Still, the RTC ruled that
Presidential Proclamation 310 was constitutional, being a valid State act. The
RTC said that the ultimate owner of the lands is the State and that CMU merely
held the same in its behalf. CMU filed a motion for reconsideration of the
resolution but the RTC denied the same on April 19, 2004. This prompted CMU
to appeal the RTC’s dismissal order to the Court of Appeals (CA) Mindanao
Station. However, the CA dismissed the case ruling that CMU’s recourse should
have been a petition for review on certiorari filed directly with this Court,
because it raised pure questions law—bearing mainly on the constitutionality
of Presidential Proclamation 310. The CA added that whether the trial court
can decide the merits of the case based solely on the hearings of the motion to
dismiss and the application for injunction is also a pure question of law.

295
ISSUE:
Whether or not PD 310 can validly distribute lands already owned by CMU to
the ICCs/IPs in Musuan, Marang, Bukidnon
HELD:
No, these state colleges and universities are the main vehicles for our scientific
and technological advancement in the field of agriculture, so vital to the
existence, growth and development of this country. It did not matter that it
was President Arroyo who, in this case, attempted by proclamation to
appropriate the lands for distribution to indigenous peoples and cultural
communities. As already stated, the lands by their character have become
inalienable from the moment President Garcia dedicated them for CMU’s use
in scientific and technological research in the field of agriculture. They have
ceased to be alienable public lands.
Besides, when Congress enacted the Indigenous Peoples’ Rights Act (IPRA) or
Republic Act 8371 in 1997, it provided in Section 56 that "property rights within
the ancestral domains already existing and/or vested" upon its effectivity "shall
be recognized and respected." In this case, ownership over the subject lands
had been vested in CMU as early as 1958. Consequently, transferring the lands
in 2003 to the indigenous peoples around the area is not in accord with the
IPRA.
Thomas Begnaen V. Spouses Caligtan, G.R. No. 189852, August 17, 2016
FACTS:
On 3 August 2006, petitioner Thomas Begnaen (Begnaen) filed a Complaint

with Prayer for Preliminary Injunction against respondents Spouses Leo and
Elma Caligtan (Sps. Caligtan) for "Land Dispute and Enforcement of Rights"
before the Regional Hearing Office (RHO) of the NCIP at La Trinidad, Benguet.
296
The RHO thereafter issued an Order dismissing the complaint based on

respondents' argument that the case should have gone to the council of elders
and not through the Barangay Lupon, as mandated by the Indigenous Peoples'
Rights Act (IPRA).
However, instead of abiding by the Order of the RHO, Begnaen filed against the
Sps. Caligtan a Complaint for Forcible Entry with a Prayer for a Writ of
Preliminary Mandatory Injunction before the Municipal Circuit Trial Court
(MCTC) of Bauko-Sabangan, Mt. Province.
Begnaen alleged that he was the owner of a 125 square meter parcel of land
situated in Supang, Sabangan, Mt. Province. He claimed that on two occasions,
respondents - by using force, intimidation, stealth, and threat -entered a
portion of the subject property, hurriedly put up a chicken-wire fence, and
started building a shack thereon without Begnaen's knowledge and consent.
Meanwhile, respondents averred that they owned the area in question as part
of the land they had purchased from a certain Leona Vicente in 1959 pursuant
to age-old customs and traditions. They introduced improvements evidencing
their prior physical possession. Respondents further contended that when
petitioner's father Alfonso Begnaen (Alfonso) was still alive, he had always
respected their boundary wherein a "GIKAD" or old pine tree lumber was
buried and recovered. The "GIKAD" established their boundary pursuant to
age-old Igorot customs and traditions. To further mark their boundary,
respondents also planted bushes and a mango tree, all of which Alfonso had
likewise respected.
MCTC dismissed the ejectment complaint in favor of respondents. However,

this was without prejudice to the filing of a case before the RHO of the NCIP,
which the MCTC recognized had primary, original, and exclusive jurisdiction
over the matter pursuant to the IPRA. The MCTC further reasoned that the fact
that petitioner initially filed a complaint with the NCIP-RHO shows that he
recognized the primary jurisdiction of the NCIP. Aggrieved, petitioner-appellant
filed an appeal before Regional Trial Court Branch 35 of Bontoc, Mt. Province
(RTC).
RTC reversed and set aside the Resolution and Order of the MCTC, saying that
it was the latter court that had jurisdiction over the case for forcible entry. The

297
RTC reasoned that the provisions of the IPRA pertaining to jurisdiction do not
espouse exclusivity and thus cannot divest the MCTC of its jurisdiction over
forcible entry and unlawful detainer cases as provided by B.P. Blg. 129.
According to the RTC, IPRA must be read to harmonize with B.P. Blg. 129.
Respondent-appellees then moved for a reconsideration of the above Decision,
but their motion was denied by the RTC . Undaunted, respondents appealed to
the CA.
CA reversed and set aside the RTC rulings and reinstated the Resolution of the
MCTC. In upholding the jurisdiction of the NCIP over the present case, the CA
ruled that the passage of the IPRA has divested regular courts of their
jurisdiction when the parties involved are members of ICCs/IPs and the
disputed property forms part of their ancestral land/domain. Petitioner filed a
Motion for Reconsideration, but it was denied by the CA in its questioned
Resolution.
ISSUE:
Whether or not the National Commission on Indigenous Peoples (NCIP) have

jurisdiction over the subject ancestral land dispute between members of an
Indigenous Cultural Community (ICC) to the exclusion of regular courts.
HELD:
The NCIP Rule purporting to establish the jurisdiction of the NCIP-Regional

Hearing Officer as original and exclusive has been declared VOID for expanding
the law.
The Court ruled that the NCIP cannot be said to have even primary jurisdiction
over all the ICC/IP cases. There is no specificity in the grant of jurisdiction to the
NCIP in Section 66 of the IPRA. Neither does the IPRA confer original and
exclusive jurisdiction to the NCIP over all claims and disputes involving rights of
ICCs/IPs.
The implementing rules and regulations of a law cannot extend the law or
expand its coverage, as the power to amend or repeal a statute is vested in the
legislature. Indeed, administrative issuances must not override, but must

298
remain consistent with the law they seek to apply and implement. They are
intended to carry out, not to supplant or to modify, the law.
Perforce, in this case, the NCIP’s Administrative Circulars1 classification of its

RHO’s jurisdiction as original and exclusive, supplants the general jurisdiction
granted by Batas Pambansa Bilang 129 to the trial courts and ultimately,
modifies and broadens the scope of the jurisdiction conferred by the IPRA on
the NCIP. We cannot sustain such a classification.
At best, the limited jurisdiction of the NCIP is concurrent with that of the
regular trial courts in the exercise of the latter’s general jurisdiction extending
to all controversies brought before them within the legal bounds of rights and
remedies.
WHEREFORE, the instant Petition for Review is DENIED.

299

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THE INDIGENOUS PEOPLE RIGHTS ACT OF 1997

THE INDIGENOUS PEOPLE ACT OF 1997

REPUBLIC ACT NO. 8371

services to the indigenous peoples, e) respect for human rights, f) elimination

Republic Act No. 8371

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF

CHAPTER I General Provisions

SECTION 2. Declaration of State Policies. — The State shall recognize and

participation in the direction of education, health, as well as other services of

CHAPTER II Definition of Terms

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c) Certificate of Ancestral Domain Title — refers to a title formally

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j) Individual Claims — refer to claims on land and rights thereon

CHAPTER III Rights to Ancestral Domains

SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/domains

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SECTION 5. Indigenous Concept of Ownership. — Indigenous concept of

SECTION 6. Composition of Ancestral Lands/Domains. — Ancestral lands and

SECTION 7. Rights to Ancestral Domains. — The rights of ownership and

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c) Right to Stay in the Territories. — The right to stay in the territory

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SECTION 8. Rights to Ancestral Lands. — The right of ownership and possession

SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and

SECTION 11. Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs

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SECTION 12. Option to Secure Certificate of Title Under Commonwealth Act

CHAPTER IV Right to Self-Governance and Empowerment

SECTION 13. Self-Governance. — The State recognizes the inherent right of

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respective communities and as may be compatible with the national legal

SECTION 18. Tribal Barangays. — The ICCs/IPs living in contiguous areas or

SECTION 20. Means for Development/Empowerment of ICCs/IPs. — The

CHAPTER V Social Justice and Human Rights

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SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. — Consistent

SECTION 24. Unlawful Acts Pertaining to Employment. — It shall be unlawful

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CHAPTER VI Cultural Integrity

SECTION 29. Protection of Indigenous Culture, Traditions and Institutions. —

SECTION 31. Recognition of Cultural Diversity. — The State shall endeavor to

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communities and international cooperative undertakings like festivals,

SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to

SECTION 34. Right to Indigenous Knowledge Systems and Practices and to

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SECTION 35. Access to Biological and Genetic Resources. — Access to biological

SECTION 36. Sustainable Agro-Technical Development. — The State shall

CHAPTER VII National Commission on Indigenous Peoples (NCIP)

SECTION 38. National Commission on Indigenous Cultural

SECTION 40. Composition. — The NCIP shall be an independent agency under

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Commissioners shall be appointed by the President of the Philippines from a

SECTION 41. Qualifications, Tenure, Compensation. — The Chairperson and the

SECTION 43. Appointment of Commissioners. — The President shall appoint the

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a) To serve as the primary government agency through which

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m) To issue appropriate certification as a pre-condition to the grant of

SECTION 45. Accessibility and Transparency. — Subject to such limitations as

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b) Office on Policy, Planning and Research — The Office on Policy,