POSITION PAPER

(May 10, 2021)

This has reference to the pending Bill before Congress for the
establishment of that ever elusive Cordillera Regional Autonomy.

Mindful with Section 14 of the Indigenous Peoples Rights Act

otherwise known as IPRA, NCIP pledges its support for the quest
for Cordillera Autonomy. It is for this reason that NCIP - CAR
endorses the results of then 2018 Indigenous Peoples Legislative
Assembly (IPLA)1. Said endeavor was spearheaded by the Office of
the Presidential Adviser on the Peace Process (OPPAP), Department
of Justice (DOJ) National Commission on Indigenous Peoples (NCIP)
and United Nations Development Programme (UNDP) in close
coordination with National Economic Development Authority (NEDA),
which was participated by the different Indigenous Peoples
Elders/Leaders and Indigenous Peoples Mandatory Representative
(IPMR) throughout CAR. Needless to state, the result therein
mirrors the true aspirations since the words therein came from
Cordillera Elders/Leaders themselves and NCIP – CAR stands firm
the uphold the same.

ATTY. MARLON P. BOSANTOG

Regional Director

BY AUTHORITY OF THE REGIONAL DIRECTOR

ROCKY JAKE NGALOB

FPIC Focal
TMSD – CAR

1
Refer to herein attached document for the mentioned results of the Indigenous Peoples Legislative Assembly
 A. LANDS AND NATURAL RESOURCES
1. Section 9. Prior and preferential right.
Cordillerans shall have prior and preferential
right to the natural, material, and fiscal
resources of the region.
Insert a general principle on the Declaration of
Policies
Section 10: Fundamental Rights and Duties of
People. The fundamental rights and duties of
the people in the autonomous region are those
defined in the Constitution and this Organic
Act, the Geneva Convention, the United
Nations Charter, the United Nations Declaration
on the Rights of Indigenous Peoples, the
International Declaration on Human Rights, as
well as those prescribed in the laws, practices,
and principles binding upon members of the
community of nations, and the Indigenous
Peoples Rights Act (IPRA).
PROPOSED FORMULATION
Section 9. Prior and preferential right.
Cordillerans shall have prior and preferential
right to the natural, material, and fiscal
resources of the region, without prejudice to
the priority rights of ICCs/IPs to natural
resources within their ancestral domains.
Section __: Declaration on the Rights of
Indigenous Peoples. The Regional Government
recognizes and promotes the Rights of
Indigenous Peoples within the framework of
the Constitution, National and International
Laws.
INSERT between 138 and 139
SEC.*. Indigenous Peoples’ Rights. – The
Regional Government recognizes the rights of
the indigenous peoples and shall adopt
measures for the promotion and protection of
the following rights:
a. Native title;
b. Indigenous customs, traditions,
knowledge systems and practices;
c. Justice systems and indigenous
political structures;
d. Equitable share in revenues from the
utilization of resources in their ancestral
domains;
e. Free, prior, and informed consent;
f. Political participation in the ARC
g. Government including reserved seats
for the indigenous peoples in the
Regional Assembly;
h. Basic services; and
i. Freedom of choice as to their identity.
Any measure enacted by the Regional
Legislative Assembly shall in no way diminish
the rights and privileges granted to indigenous
 peoples by virtue of the United Nations
Declaration of the Rights of Indigenous Peoples
and the United Nations Declaration on Human
Rights, and other laws pertaining to indigenous
peoples in the Autonomous Region of the
Cordilleras.
Section 17. Sustainable Use and Management Section 17. Sustainable Use and Management
of Resources. The Regional Government shall of Resources. The Regional Government shall
share with the national government in the share with the national government in the
exploration, development and utilization of its exploration, development and utilization of its
natural resources, the dynamic conservation natural resources, the dynamic conservation
and protection of natural resources by and protection of natural resources by
promoting the sustainable use and promoting the sustainable use and
management thereof, by adopting the use of management thereof, by adopting the cultural
environmentally sound and appropriate use of environmentally sound and appropriate
technology and indigenous knowledge systems technology, indigenous knowledge systems and
in the management of natural resources. practices on the access and utilization of
natural resources.
Section 25. Devolved Powers. The autonomous Section 25. Devolved Powers. The autonomous
region is a corporate entity with jurisdiction in region is a corporate entity with jurisdiction in
all matters devolved to it by the Constitution all matters devolved to it by the Constitution
and this Organic Act as herein enumerated: and this Organic Act as herein enumerated: XXX
(3) Ancestral domain and natural resources
such as but not limited to: 3. Ancestral domain and natural resources,
subject to community consultations or Free,
Prior and Informed Consent of the ICCs/IPs,
when applicable such as, but not limited to:
a. Protection of the ancestral domain
Protection of the ancestral domain and
ancestral lands of indigenous cultural
communities/Indigenous Peoples
(ICCs/IPs). All lands and natural
resources in the autonomous region that
have been occupied or possessed by
ICCs/IPs under a claim of ownership, ,
since time immemorial, except when
prevented by war, force majeure, or
other forms of forcible usurpation, 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. Such
ancestral domain shall include pasture
lands, worship areas, burial grounds,
forests and fields, mineral resources,
coal, petroleum, other fossil fuels,

b. Authority to grant franchises and concessions
and may by law empower the Regional
Governor to grant leases, permits, and licenses
over agricultural, forest, or mineral lands. The
said leases, permits, franchises, or concessions
shall, however, cover areas not exceeding the
limits allowed by the Constitution and shall
subsist for a period not exceeding 25 years.
Except as provided in this Organic Act, existing
leases, permits, licenses, franchises, and
concessions shall be respected until their
expiration unless legally terminated earlier as
provided by law, enacted by Congress or the
Regional Assembly.
d. Authority, power, and right to the control
and supervision over the exploration,
utilization, development, and protection of the
lands, forests, water, minerals and other
natural resources within the autonomous
region in accordance with the Constitution and
the pertinent provisions of this Organic Act
except for the strategic minerals such as
uranium, petroleum, and other fossil fuels,
mineral oil, and all sources of potential energy,
provided that the autonomous government
shall be consulted. Permits and licenses and
the granting of contracts for this purpose shall
be within the powers of the ARC.
e. Regulation of small-scale mining to the end
that the ecological balance, safety and health,
and the interests of the affected communities,
the miners, the indigenous peoples, and the
local government units of the place where such
operations are conducted are duly protected
and safeguarded.
Section 25(4). Regional urban and rural
planning development such as but not limited
to:
a. Adoption and implementation of a
comprehensive urban land reform and land
use program,
mineral oils, and all sources of potential
energy; lakes, rivers, and lagoons; and
national reserves and marine parks, as
well as forest and watershed
reservations
b. Authority to grant franchises and concessions
and may by law empower the Regional
Government/Legislative Assembly to grant
leases, permits, and licenses over agricultural,
forest, or mineral lands. The said leases,
permits, franchises, or concessions shall,
however, cover areas not exceeding the limits
allowed by the Constitution and shall subsist for
a period not exceeding 25 years. Except as
provided in this Organic Act, existing leases,
permits, licenses, franchises, and concessions
shall be respected until their expiration unless
legally terminated earlier as provided by law,
enacted by Congress or the Regional Assembly.
d. Authority, power, and right to the control
and supervision over the exploration,
utilization, development, and protection of the
lands, forests, water, minerals and other
natural resources within the autonomous
region in accordance with the Constitution and
the pertinent provisions of this Organic Act.
Permits and licenses and the granting of
contracts for this purpose shall be within the
powers of the ARC.
e. Subject to Indigenous Political Structures and
customary laws, regulation of small-scale
mining, to the end that the ecological balance,
safety and health, and the interests of the
affected communities, the miners, the
indigenous peoples, and the local government
units of the place where such operations are
conducted are duly protected and safeguarded.
(5) Regional urban and rural planning
development, which shall incorporate ancestral
domain management plans. Such plans include,
but are not limited to:
a. Adoption and implementation of a
comprehensive urban land reform and land
 b. Land management, land distribution, and
agricultural land use reclassification, and
c. Authority to conduct cadastral survey.
Section 25 (7) Preservation and development of
the cultural heritage such as but not limited to
the establishment of its own libraries and
museums, and declaration of historical and
cultural sites; and culture and language.
Section 38. Equitable Share in Utilization of
Resources. The local government units in the
autonomous region including the Regional
Government shall be entitled to an equitable
share in the proceeds of the utilization and
development of the national wealth within
their respective areas, in the manner provided
by law and this Organic Act.
Section 85 be to stricken out
use program,
b. Land management, land distribution, and
agricultural land use reclassification,
provided that Ancestral Domains shall not
be subjected to Agrarian Reform or land use
reclassification without FPIC, and
c. Authority to conduct cadastral survey.
Section 25(8). Preservation and development of
the cultural heritage, subject to the FPIC of the
concerned ICCs/IPs in ancestral domain areas,
such as but not limited to the establishment of
its own libraries and museums, and declaration
of historical and cultural sites; and culture and
language.
Section 38. Equitable Share in Utilization of
Resources. The local government units,
including the Regional Government shall be
entitled to an equitable share in the proceeds
of the utilization and development of the
national wealth within their respective areas, in
the manner provided by law to be passed by
the Regional Assembly and this Organic Act.
Insert a provision inside Article IX
PATRIMONY, ECONOMY AND DEVELOPMENT

Section __. Autonomous Region Cordillera

Development Plan. The Regional Government
through the Regional Development Council
shall formulate its development plans taking
into consideration inclusive consultations, the
ancestral domain development and
management plans, and the Cordilleran’s
unique needs and aspirations, consistent with
national development goals. The Development
Plan shall include the promotion of growth and
full employment, human development, and
address social and economic inequities that
have resulted from decades of neglect,
historical injustice, poverty and inequality.
Section 86. Control and Supervision over Section 86. The exploration, development,
natural resources. Regional Government shall utilization, and enjoyment of natural resources
have control and supervision over natural shall be allowed to citizens of the Philippines, e
resources in accordance to this Organic Act. exploration, development, utilization, and
enjoyment of natural resources shall be
allowed to citizens of the Philippines and to
private enterprises, including corporations,
cooperatives, and similar collective
 organizations with at least sixty percent (60%)
of their capital investment or capital stocks
directly controlled or owned by Filipinos,
subject to the priority rights and FPIC of the
concerned ICCs/IPs: Provided that the
implementation of programs, projects, and
activities related to these natural resources in
the region shall comply with the provisions of
the Constitution and this Organic Act.
Section 88. Comprehensive Framework for Section 88. Comprehensive Framework for
Sustainable Development. The Regional Sustainable Development. The Regional
Government shall develop a comprehensive Government shall develop a comprehensive
framework for sustainable development framework for sustainable development
through the proper conservation, utilization through the proper conservation, utilization
and development of natural resources. Such and development of natural resources, with the
framework shall guide the Regional full and effective participation of ICCs/IPs. Such
Government in adopting programs and policies framework shall incorporate the ancestral
and establishing mechanisms that focus on the domain development and management plans
environment dimensions of social and and guide the Regional Government in adopting
economic interventions. It shall include programs and policies and establishing
measures for the reduction of vulnerability of mechanisms that focus on the environment
women and marginalized groups to climate dimensions of social and economic
change and variability. interventions. It shall include measures for the
reduction of vulnerability of women and
marginalized groups to climate change and
variability
Section 89. Development of Lands 18˚ above in Section 89. Development of Lands 18˚ above in
slope. The Regional Government in partnership slope. The Regional Government in partnership
with the communities, especially the with the communities, especially the
indigenous peoples or indigenous cultural indigenous peoples or indigenous cultural
communities, and their government units, and communities, and their government units, and
support of the national government shall adopt support of the national government shall adopt
measures for the development of communities measures for the development of communities
occupying lands eighteen degrees in slope or occupying lands eighteen degrees in slope or
over, by providing the necessary infrastructure, over, by providing the necessary infrastructure,
financial and technical support. financial and technical support. The rights of
ICCs/IPs to lands eighteen degrees in slope or
over that are part of their AD/AL shall be
recognized and respected.
B. GOVERNANCE AND REPRESENTATION PROPOSED FORMULATION
Section 91. Agrarian Reform. Subject to Section 91. Comprehensive Agrarian Reform
ecological considerations, the Regional Program. Subject to ecological considerations,
Government shall adopt and implement a the Regional Government shall adopt and
comprehensive rural agrarian reform program, implement a comprehensive rural agrarian
as well as an urban development program reform program, as well as an urban
consistent with the Constitution and national development program consistent with the
laws and policies to ensure the just and Constitution and national laws and policies to
sustainable utilization of land within its ensure the just and sustainable utilization of
jurisdiction. land within its jurisdiction, provided that
Ancestral Domains shall not be included in the
coverage without FPIC.
Section. 93. Transfer of Existing Nature Section 93. Transfer of Existing Nature
Reserves and Protected Areas. The Reserves and Protected Areas. The
management and protection of nature reserves management and protection of nature reserves
and aquatic parks, forests, watershed and aquatic parks, forests, watershed
reservations, and other protected areas in the reservations, and other protected areas in the
Autonomous Region that have already been Autonomous Region that have already been
defined by and under the authority of the defined by and under the authority of the
National Government shall be transferred to National Government shall be transferred to
the Regional Government. the Regional Government.

The Regional Transition Committee composed
of the Regional Governor, Department of
Environment and Natural Resources, National
Commission on Indigenous Peoples,
representatives of IPs and ICCs affected, as well
as other relevant government agencies shall
cause the process of transferring these areas
including the conduct of surveys of all affected
areas and the planning and transition for each
and every protected area. Such process shall be
completed within a period not exceeding two
years.
Section 112.Eco-cultural Tourism. Consistent
with the preservation of cultural heritage and
the protection of ecology, the Regional
Government shall promote ecocultural tourism
in the region. Sites with historical, scientific,
cultural significance including natural and man-
made landmarks and scenic vistas shall likewise
be preserved, maintained and protected.
The Regional Transition Committee composed
of the Regional Governor, Department of
Environment and Natural Resources, National
Commission on Indigenous Peoples,
representatives of IPs and ICCs affected, as well
as other relevant government agencies shall
cause the process of transferring these areas
including the conduct of surveys of all affected
areas and the planning and transition for each
and every protected areas. Such process shall
be completed within a period not exceeding
two years.
Section 112. Eco-cultural Tourism. Consistent
with the preservation of cultural heritage, the
rights of ICCs/IPs, and protection of ecology,
the Regional Government shall promote eco-
cultural tourism in the region. Sites with
historical, scientific, cultural significance
including natural and man-made landmarks and
scenic vistas shall likewise be restored,
preserved, maintained, and protected, in
partnership with the concerned ICCs/IPs. The
Regional Government shall also ensure that the
host community has an equitable share in the
proceeds and benefits of Eco-cultural Tourism.

The Regional Government shall extend the

necessary assistance to ICCs/IPs to explore,
develop, maintain, restore and preserve the
foregoing.
Section 4. Cordilleran Identity. The term Section 4. Cordilleran Identity. The term
Cordilleran shall apply to all citizens of the Cordilleran shall apply to all citizens of the
Philippines who are domiciled within the Philippines who are domiciled within the
territory of the Autonomous Region of the
Cordillera.
Section 34. Autonomy of Local Government
Units. The local government units shall
continue to be independent from each other
and shall have the same set of local officials and
employees and shall enjoy autonomy and
continue to exercise the powers granted them
under the Local Government Code and other
existing laws. The Local Government Code shall
apply to all provinces, cities, municipalities and
barangays in the autonomous region until the
Regional Assembly shall enact a regional Local
Government Code. Nothing herein provided
shall be construed in any manner as to diminish
the powers and functions as well as benefits
and privileges already being enjoyed by the
local government units.
Section 42. Elective Officials. The elective
officials of the Autonomous Region of the
Cordillera are the (a) Regional Governor, (b)
Regional Vice-Governor, and (c) Members of
the Regional Assembly.
Section 45. Manner of Election
a. The Regional Governor and
ViceGovernor shall be elected at large by
direct vote of the registered voters of
the Autonomous Region of the
Cordillera.
b. Each province and city shall elect their
own representatives to the Regional
Assembly. Any chartered city in the
autonomous region is entitled to two (2)
representatives to the Regional
Assembly. Any component cityshall be
entitled to one (1) representative. Each
province shall be entitled to two (2)
representatives, one (1) per provincial
district. Provided, that any political
subdivision created after the effectivity
of this Organic Act shall be entitled to
territory of the Autonomous Region of the
Cordillera
Indigenous peoples shall have the freedom to
retain their distinct indigenous and ethnic
identity in addition to their Cordilleran identity.
Section 34. Autonomy of Local Government
Units. The local government units shall
continue to be independent from each other
and shall have the same set of local officials and
employees, including IPMRs, and shall enjoy
autonomy and continue to exercise the powers
granted them under the Local Government
Code and other existing laws. The Local
Government Code shall apply to all provinces,
cities, municipalities and barangays in the
autonomous region until the Regional Assembly
shall enact a regional Local Government Code.
Nothing herein provided shall be construed in
any manner as to diminish the powers and
functions as well as benefits and privileges
already being enjoyed by the local government
units.
Section 42.a Elective Officials. The elective
officials of the Autonomous Region of the
Cordillera are the (a) Regional Governor, (b)
Regional Vice-Governor, and (c) Members of
the Regional Assembly.
Section 45. Manner of Election and Selection
xxx
b. Each province and city shall elect their
own representatives to the Regional
Assembly. Any chartered city in the
autonomous region is entitled to two (2)
representatives to the Regional Assembly.
Any component city shall be entitled to one
(1) representative. Each province shall be
entitled to two (2) representatives, one (1)
per provincial district. Provided, that any
political subdivision created after the
effectivity of this Organic Act shall be
entitled to representation to the Regional
Assembly as may be provided by law.
Provided further, that additional four (4)
seats shall be reserved for the
representatives of ICCs/IPs selected in
accordance with their agreed selection
 representation to the Regional Assembly
as may be provided by law.
c. Unless otherwise provided, the regular
election of the Regional Governor, Vice
Governor, and members of the Regional
Assembly shall be held on the second
Monday of May.
Section 149. Customary Laws. Customary laws
affecting personal, family, tribal and property
relations in the Cordillera shall be recognized.
Section 152. Indigenous Settlement of Dispute.
Settlement of dispute done in accordance with
customary practices shall be recognized.
C. CULTURAL RIGHTS
Section 17. Community Responsive Education.
The Regional Government with the active
involvement of State Colleges and Universities
shall establish a system of education that
responds to the needs of the Cordillera
communities which respects and promotes
indigenous knowledge, core values, systems,
institutions, culture, and practice; encourages
the use of indigenous languages and methods
of education; promotes science and
appropriate technology and methodologies
that encourage creative and critical thinking of
the Cordilleran youth.
Section 116. Regional Education Policies
process. These representatives shall have the
same privileges, salaries and emoluments as
the regular members of the Regional
Assembly or policy making bodies of the
ARC, as the case maybe
Section 149. Customary laws of the Indigenous
Peoples in the Cordillera shall be recognized,
respected and promoted.
Section 152. Customary settlement of disputes
shall be recognized and respected
Reflection: what should cover: IPs v Non-IPs
Recognized and respected
Non-IPs can opt to submit their disputes to the
customary justice system
PROPOSED FORMULATION
Section 17. Community Responsive Education.
The Regional Government with the active
involvement of State Colleges and Universities
shall establish a system of education that
responds to the needs of the Cordillera
communities which respects and promotes
indigenous knowledge, core values, systems,
institutions, culture, history and practice;
encourages the use of indigenous languages
and methods of education; promotes science
and appropriate technology and methodologies
that encourage creative and critical thinking of
the Cordilleran youth.
Section 121. Jurisdiction over regional
educational policies. The Regional Government
shall have jurisdiction over the formulation of
regional educational policies and on the
preservation, safeguarding and development of
cultural heritage. It shall have the following
plans and programs:
xxx
e. The Regional Government with the active
involvement of State Colleges and Universities,
in partnership with the ICCs/IPs shall establish
Schools of Living Tradition with the intent of
teaching, perpetuating and passing on the
 language, customs, traditions, rites, rituals and
values of the ICCs/IPs in their respective areas.
Section 125. Intellectual property rights. Section 130. Intellectual property rights.
Incentives and safeguards for intellectual Incentives and safeguards for intellectual
property rights, and assistance in the property rights, and assistance in the
registration of patents and copyrights shall be registration of patents and copyrights shall be
accorded to Cordillera artists, writers, accorded to Cordillera artists, writers,
scientists, researchers and inventors. scientists, researchers and inventors. The
community intellectual rights of ICCs/IPs shall
be recognized, respected and afforded the
same level of support.
Under the Article XII, insert a provision on Commissions and Center on Research, Cultural
Commissions and Center on Research, Cultural Heritage and Research.
Heritage and Research. The Regional Government shall:
a. Establish a Regional Research
Coordinating Council, which shall
harmonize the research and
development efforts of the academe,
research institutions, citizen’s research,
other organizations and community-
initiated research in the region with
due regard to the right of FPIC on IKSPs.
b. Establish Cordillera Commission for the
Preservation and Promotion of Cultural
Heritage Center for the promotion,
research, documentation, coordination
with other groups and institutions and,
establish and maintain a data bank on
all indigenous matters.
Section 132. Health as Basic Human Right. The Section 132. Health as Basic Human Right.
Regional Government recognizes health as a
basic human right and the attainment, xxx
maintenance and protection thereof shall be its
responsibility. It affirms health as an instrument (f) Conduct research on traditional healing
for and a product of socio-economic methods and promote indigenous health
development. For this purpose, it shall, among care practices, subject to FPIC
other things:

b) Conduct research on traditional healing

methods and promote indigenous health care
practices.

-------------------------End----------------------------