Professional Documents
Culture Documents
Course Packet
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Learning Module
Philippine Indigenous
Knowledge, Systems
and Practices
Course Packet 03
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Copyright. Republic Act 8293 Section 176 provides that “No copyright shall subsist in any work of the
Government of the Philippines. However, prior approval of the government agency or office wherein the
work is created shall be necessary for exploitation of such work for profit. Such agency or office may,
among other things, impose as a condition the payment of royalties. “
Borrowed materials included in this module are owned by their respective copyright holders. Every effort
has been exerted to reach and seek permission to use these materials from their respective copyright
owners. The University and authors do not claim ownership over them.
Writer:
Evaluators:
Evaluator 01
Evaluator 02
Evaluator 03
Arlene I. Pascual
Focal Person, University Gender and Development
Cristina G. Rivera
Chair, Oversight Committee on Curriculum Development
Arlene D. Ibañez
Chair, Oversight Committee on Textbook and Instructional Materials
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Pre-test
Before you proceed to our lesson in this course packet, let us first check your initial
knowledge on the topic. Answer this five (5) items pre-test.
CHOOSE THE LETTER OF THE CORRECT ANSWER. Write the letter of your answer on
a separate sheet.
1. Which institution has a duty to protect the vulnerable and marginalized within its
population?
a. Government
b. Church
c. Schools
d. Family
2. What are created by the state to ensure that vulnerable peoples rights are
recognized and respected while ensuring access to justice?
a. laws c. programs
b. rights d. policies
3. Which international entity is responsible for the adoption of the Declaration on the
Rights of Indigenous Peoples?
a. World Bank
b. United Nations
c. International Criminal Court
d. International Labour Organization
4. Which of the following is not included in the rights of Indigenous Peoples under
the Indigenous Peoples Rights Act of 1997?
a. Right to ancestral domains and lands
b. Social Justice and human rights
c. Right to cultural integrity
d. Civil and political rights
5. Which of the following refers to 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?
a. Free, Prior, Informed Consent
b. Memorandum of Agreement
c. Community Covenant
d. Certification Precondition
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Course Packet 03
Objectives
At the end of this lesson, you should be able to:
1. Discuss the international agreements and national laws that regulate and protect IP
rights in the Philippines
2. Appreciate the international agreements and national laws on IP rights.
3. Promote the protection of Indigenous Peoples’ rights using international agreements
and national laws.
Duration
• Topic 03: Laws that Regulate and Protect IP Rights in the Philippines = 2 hours
(Self-directed learning with practical exercises)
Readings:
Here are some of the readings that could help you answer the question “What are the
laws and other legal basis that regulate and protect IP Rights in the Philippines?”
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The Indigenous Peoples’ Rights Act of 1997 (Republic Act No. 8371)
https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/
Videos:
Here are some of the videos that could help you answer the question “What are the laws and
other legal basis that regulate and protect IP Rights in the Philippines?”
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I hope that studying these laws would encourage you to appreciate the significance
of these laws in promoting the rights of indigenous peoples and encourage you to find out
how you can make a contribution in this process in your current role as students of this
university.
Lesson Proper
Review:
Could you identify issues and challenges of Indigenous Peoples that you have discussed in
the second course packet which you deem could be addressed through the application of laws
for IP rights?
Activity:
Watch Episodes 1-3 of the Alam Mo Ba? Indigenous Peoples' Rights 101 series (see youtube
links provided above)
What are the four rights of IPs under the IPRA law?
Brief Lesson.
Looking back at the series of short informative videos that you have watched about
IP rights, you have learned that the existing laws on the rights of IPs/ICC’s have progressed
towards the recognition of their unique rights and the achievement of the goal of uplifting
their lives.
IPRA in particular have explicitly stated in Chapters IV-VI the rights that should be
enjoyed by ICC’s which includes, (1) the right to ancestral domain and lands; (2) the right to
self-governance and empowerment; (3) social justice and human rights; and (4) the right to
cultural integrity as well as the creation of the National Commission on Indigenous Peoples
(NCIP) which possesses administrative, quasi-legislative and quasi judicial functions.
You have also been made aware of the importance of Free, Prior and Informed
Consent in ensuring that the rights of the ICC’s are protected from external entities who are
planning to conduct small to large scale projects and programs in their communities.
Let us now examine further the laws that regulate and protect IP/ICC rights!
He cited that the segregation of the Philippine society during the Spanish period (1521
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only effectively initiated in the 1987 Constitution. It also Key Point 3: National
marked the shift from integration to cultural preservation. Commission on Indigenous
Peoples (NCIP)
Specifically, he mentioned Article 2, s. 22 of the 1987 • Primary government
agency responsible for the
Constitution which required the State to recognize and formulation and
promote the rights of ICC’s within the framework of national implementation of
unity and development. Among the progressive changes policies, plans and
were the following: (1) cultural protection that extended to programs to promote and
protect the rights and
the protection of ancestral lands; (2) sectoral representation
well-being of the
recognizing that as a minority, indigenous peoples were ICC’s/IPs and the
entitled to party-list representations in the legislature; and (4) recognition of their
creation of a consultative body to advise the president on ancestral domains as well
as their rights thereto
policies affecting ICCs.
(IPRA,1997)
He narrated that in 1997, the Indigenous Peoples Rights Act (IPRA) was passed in
compliance to the State obligations. This was a landmark legislation as it clearly stipulated
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that ICC’s or IPs are to be recognized as a distinct sector of Philippine Society. The right of IPs
to own and possess ancestral domains and lands were also embedded into law.
He enumerated particular provisions that were stated under IPRA in terms of the the
right to the ancestral domains of IP which are the following: (1) entails the recognition and
protection of their right to ownership and possession; (2) includes their right to develop the
land and natural resources found therein; (3) IPs may not be dispossessed of their land except
in exceptional measures and only with their free, prior and informed consent may they be
relocated; (5) IPs may regulate the entry of migrant settlers and organizations within their
ancestral domain; (6) right to safe and clean water was protected, along with rights to claim
parts of reservations overlapping their ancestral domains; and (7) right to transfer ancestral
land to other members of the community, subject to their customary laws and traditions and
the right to redeem it (p. 124).
In addition, he stated that through this law, the National Commission on Indigenous
Peoples (NCIP) was created. This office is primarily tasked with the formulation and
implementation of policies, plans and programs to recognize, protect and promote the rights
of IPs . Likewise, mandatory representation was provided in IPRA which requires IP to have
their own representatives in policy-making boies and other local legislative councils ( p. 125).
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Initially, States opposed the grant of self-determination under the Declaration on the
Rights of Indigenous Peoples because of their fear that Indigenous Peoples may interpret this
as a right to seced and seek independence. To prevent the deadlock, Article 46 (1) was included
in the Declaration as a compromise. This provision stipulates that nothing in the action that
would dismember or impair, totally or in part, the territorial integrity or political unity of
sovereign and independent States. This proviso arguably limited the right top self-
determination of Indigenous Peoples; however, such right remains robust and effective
because of the sufficient autonomy granted to Indigenous Peoples and the right and directive
to seek free prior and informed consent.
Enhancement Activity.
Imagine that you are a student volunteer either for the government or a civil society group
that works with Indigenous Peoples and you are in-charge of creating an infographic that
would help the community aware of the challenges or issues that are faced by Indigenous
Peoples and the laws that were created to address them.
You are to choose just one issue or challenge and you also have to identify which article
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Generalization.
What makes Indigenous Peoples unique and why is it important to regulate and protect
their rights?
Application.
What have you discovered about IP rights? Cite at least five new things that you have
learned about them. Use the space for Assessment 03 for your answers.
References:
Baguilat, R. C. (2019). Pitfalls in the Implementation of the Indigenous People’s Rights Act.
Human Rights and Peace in Southeast Asia Series 7: Relighting the Torch, 120-139
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Activity Sheet 03
Laws that Regulate and Protect IP Rights in the Philippines: Creative Analysis
Instructions:
1. Imagine that you are a student volunteer either for the government or a civil society
group that works with Indigenous Peoples and you are in-charge of creating an
infographic that would help the community be aware of the challenges or issues that
are faced by Indigenous Peoples and the laws that were created to address them.
2. You are to choose just one issue or challenge and you also have to identify which article
or section under the UNDRIP or IPRA is applicable for addressing it.
3. In creating your infographic, you should ask the following questions:
a) Which information, facts, and data are essential to include? Which aren’t?
b) What colors and layout works best in sharing the information?
c) What graphs and graphics best convey information and data to the viewer?
d) What is the order, or flow, of information?
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Assessment 03
Laws that Regulate and Protect IP Rights in the Philippines: My Personal Discoveries
Based on the required readings (UNDRIP and IPRA) and videos (Alam Mo Ba?
Indigenous Peoples' Rights 101 Episodes 1-3) for this course packet, cite at least five new
things that you have learned about IP/ICC Rights.
No. My Discoveries
1
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Post-test
NOW LET US SEE HOW MUCH YOU HAVE LEARNED. ANSWER THIS FIVE-ITEM
TEST BY SELECTING THE LETTER OF THE BEST ANSWER.
1. Which institution has a duty to protect the vulnerable and marginalized within its
population?
a) Government
b) Church
c) Schools
d) Family
2. What are created by the state to ensure that vulnerable peoples rights are recognized
and respected while ensuring access to justice?
a) laws c) programs
b) rights d) policies
3. Which international entity is responsible for the adoption of the Declaration on the
Rights of Indigenous Peoples?
a) World Bank
b) United Nations
c) International Criminal Court
d) International Labour Organization
4. Which of the following is not included in the rights of Indigenous Peoples under the
Indigenous Peoples Rights Act of 1997?
a) Right to ancestral domains and lands
b) Social Justice and human rights
c) Right to cultural integrity
d) Civil and political rights
5. Which of the following refers to 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?
a) Free, Prior, Informed Consent
b) Memorandum of Agreement
c) Community Covenant
d) Certification Precondition
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In what particular portion of this course packet, you feel that you are struggling or lost?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________
To further improve this course packet, what part do you think should be enhanced?
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________
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Program : ________________________________________________________________________
Faculty : _________________________________________________________________________
Schedule : _______________________________________________________________________
Course : Code : _____________ Title : _________________________________________
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Appendices
Appendix A: Self –Checklist
Make sure that you have accomplished all the required activities for Course Packet 3.
REQUIREMENTS SELF-CHECK
COURSE PACKET 01: Uniqueness of the Adult Person
1. Read the required readings (IPRA and UNDRIP)
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Assignment: Name(s):
Category 5 4 3 1 Your
score
Main Idea The topic and Topic and main Topic is given but Topic and/or main
(weight x2) messages of the ideas are clear. main ideas are ideas are absent or very
infographic are unclear or lacking. unclear.
clear and easily
understood
Details Details Detail is added to More is needed for Very little detail is
(including labels) support each main understanding. Some provided for the main
support the main idea with minimal are distracting. ideas and
idea without clutter. understanding is
distracting with limited.
clutter.
Content - At least 4 3 accurate facts are 2 accurate facts are Fewer than 2 accurate
Accuracy accurate displayed. displayed. facts are displayed.
(weight x2) facts/concepts are
displayed in the
infographic
Graphics - The graphics Most graphics All graphics relate to Graphics do not relate
Relevance used represent represent the the topic but do not to the topic.
information information represent
appropriately. appropriately. appropriately.
Graphics - Visual Color, shape, Color, shape, size, Color, shape, size, Color, shape, size, and
size, and and arrangement and arrangement are arrangement are
arrangement of are eye catching present but do not distracting or misleading.
graphics and contribute add to the
contribute some mearning. information.
meaning to the
overall message.
Design/layout The Is attractive in Is acceptably Is distractingly messy,
design/layout is terms of design, attractive though it unattractive, or very
neat, clear, and layout and may be a bit messy. poorly designed.
visually neatness.
appealing.
Grammar There are no There is 1 There are 2 There are more than 2
grammatical grammatical grammatical grammatical mistakes.
mistakes. mistake. mistakes.
© 2012 by The Source for Learning, Inc. This rubric created from a template offered by TeachersFirst.com as part
of Now I See! Pages on using infographics in the classroom (http://www.teachersfirst.com/iste/infographics).
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PERFORMANCE LEVELS
CRITERIA/evidence 5 4 3 2 1 RATE
EXCELLENT VERY SATISFACTORY NEEDS POOR
SATISFACTORY IMPROVEMENT
A. PROMPTNESS (10%)
Submitted on or Submitted 1 day Submitted 2-3 days Submitted 4-5 days Submitted a
before the scheduled after the after the scheduled after the scheduled week after the
date of submission. scheduled date date date scheduled date
B. CONTENT (90%)
• The answers show evidence
understanding of the lesson. Satisfies all 5 of the Satisfies 4 of the Satisfies 3 of the Satisfies 2 of the Satisfies 1 of the
• Shows personal reflections/ critical given indicators given indicators given indicators given indicators given indicators
analysis/ sound judgment.
• Discussions cite evidence to prove
arguments or points.
• Free from grammatical and spelling
errors
TOTAL
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A 5.
D 4.
B 3.
A 2.
C 1.