13. Republic Act No, 8371 or the Indigenous Peoples Rights Act (IPRA) On Ostober 29, 1997, Republic Act No. 8371 or the “The Indigenous Peoples’ Rights Act (IPRA) of 1997" was signed into law to recognize, protect and promote the rights of indigenous cultural communities (ICCs) and in- digenous peoples (IPs). -Enuromeneras. Laws ano Pouctes 153, ‘io Trem Sauinre PROVISIONS A. Indigenous Cultural Communities (ICCs) / In- digenous Peoples (IPs) Indigenous Cultural Communities (ICCs) / Indigenous Peoples (IPs) refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized commu- nity on communally bounded and defined territory, and who have, under claims of ownership since time immemo- ial, 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 colon zation, non-indigenous religions and cultures, became his- torically differentiated from the majority of Filipinos ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the popmla- tions which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous Teligions and cultures, or the establishment of present state boundaries, who retain some or all of their own so- cial, economic, cultural and political institutions, but who may have been displaced from their traditional domains or ‘who may have resettled outside their ancestral domains; B. Ancestral domains Subject to Section 56 of R.A. No. 8371, ancestral do- mains 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, occu- pied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time im- memorial, continuously to the present except when inter- tupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects154 PIRPine ENVIRONMENTAL LAWS, POLICIES AND Cast REMEDIES ‘AN Acaomnac Dissecrion or any other voluntary dealings entered into by govern- ment 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 subsistenc and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. C. Ancestral lands Subject to Section 56 of R.A. No. 8371, ancestral land refers to land occupied, possessed and utilized by indi viduals, 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 dis- placement 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. D. 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: vnomcvra Laws AnD Potseres 155 ao Tan Satie? Provisions a) b) °) Right of Ownership. — The right to claim owner- ship over lands, bodies of water traditionally and actually occupied by ICGs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains; 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 con- serve natural resources within the territories and uphold the responsibilities for future genera- tions; to benefit and share the profits from alloca- tion and utilization of the natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural re- sources in the areas for tho purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and in- telligent participation in the formulation and im- plementation of any project, goverment or pri- vate, that will affect or impact upon the ancestral domains and to receive just and fair compensa- tion 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 in- terference with, alienation and encroachment upon these rights; Right to Stay in the Territories. — The right to stay in the territory and not to be removed there- from. No ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than eminent domain. Where relo-156 d) PaTuRPIe EnvvinomenvTAL, LAWS, POLICIES AND CASE REYEDIES “An Acanzulc Dissponion cation is considered necessary as an exceptional Measure, such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concemed and whenever possible, they shall be guaranteed the right to retum to their ancestral domains, as soon as the grounds for re- location cease to exist. When such retum is not Possible, as determined by agreement or through appropriate procedures, ICCs/IPs shall be pto- vided 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; Right in Case of Displacement. — In case dis- placement occurs as a result of natural catastro- Phes, the State shall endeavor to resettle the dis- placed ICCs/IPs in suitable areas where they can have temporary life support systems: Provided, ‘That the displaced ICCs/IPs shall have the right to retum 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 nomnalcy 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 ad- dressed; [BNIROMMENTAL LAWS AND POLICIES 187 nb THEIR SALIENT PROVISIONS e) Right to Regulate Entry of Migrants. — Right to regulate the entry of migrant settlers and organi- zations into the domains; 1) 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; 9) 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 Jus- tice whenever necessary (Sec. 7, R.A. No. 8371). E. 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 prop- erty rights to/among members of the same ICCs/IPs, subject to customary laws and tradi- tions 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 trans- ferred for an unconscionable consideration or158 ‘PeELrPtMe ENVIRONMENTAL LAWS, POLICIS AND CASE REMEDIES ‘Att Acapnate Disseonion Price, the transferor ICC/IP shall have the right to redeem the same within a period not exceed- ing fifteen (15) years from the date of transfer (Sec. 8, B.A. No. 8371), F. Responsibilities of ICCs/IPs to their ancestral domains ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities: G. The Concept of Native Title 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; a) 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 re- muneration; and b) Observe Laws. — To observe and comply with the provisions of R.A. No. 8371 and the rules and regulations for its effective implementation (Sec. 9, R.A, No, 8371). H. Other rights granted the ICCs and IPs The IPRA recognizes the existence of the indigenous cultural communities or indigenous peoples (ICCs/IPs) as a distinct sector in Philippine society. It grants these people the ownership and possession of their ancestral domains and ancestral lands, and defines the extent of these lands and domains. The ownership given is the indigenous con- -BniRooMvrAL LAWS aN PorscEs 159 ‘io THEIR SALIENT PROVISIONS cept of ownership under customary law which traces its arigin to native title. Other rights are also granted the ICCs/IPs, and these are: the right to develop lands and natural resources; the right to stay in the territories; the right in case of displacement; ‘the right to safe and clean air and water, the right to claim parts of reservations; the right to resolve conflict;32 the right to ancestral lands which include: a, the right to transfer land/property to/ among members of the same ICCs/IPs, sub- ject to customary laws and traditions of the ‘community concemed; b, the right to redemption for a period not ex- ceeding 15 years from date of transfer, if the wansfer is to a non-member of the ICCAIP and is tainted by vitiated consent of the ICC/IP, or if the transfer is for an un- conscionable consideration (Puno, J.: Sepa- rate Op., in Cruz vs. Secretary of Environ. ment And Natural Resources, G.R. No. 135385, December 6, 2000, __ ) I. National Commission on Indigenous Peoples (vcrP) The National Commission on Indigenous Peoples (NCIP) is the an independent agency under the Office of the President created under R.A. No. 8371 as the primary government agency responsible for the formulation and160 ‘Pennine EwviromueaL LAs, POLICIES AND Cast REMEDIES: “AN Acanente Dissacrion implementation of policies, plans and programs to recog- nize, protect and promote the rights of ICCs/IPs. It is com- Posed of seven (7) Commissioners belonging to ICCs/IPs ‘who shall hold office for a period of three (3) years, subject to re-appointment for another term J. Jurisdiction of the NCIP In order to fully effectuate its mandate, the NCIP is vested with jurisdiction over all claims and disputes in- volving the rights of ICCs/IPs. The only condition prece- dent to the NCIPs assumption of jurisdiction over such disputes is that the parties thereto shall have exhausted all remedies provided under their customary laws and have obtained a certification from the Council of Eld- ers/Leaders who participated in the attempt to settle the dispute that the same has not been resolved (Sec. 66, R.A. No. 8371). In addition, NCIP Administrative Circular No. 1-03 dated April 9, 2003, known as the Rules on Pleadings, Practice and Procedure Before the NCIP, reiterates the ju- risdiction of the NCIP through its Regional Hearing Offices shall exercise jurisdiction over all claims and disputes in- volving rights of ICCs/IPs and all cases pertaining to the implementation, enforcement, and interpretation of R.A. 8971, mcluding but not limited to the following: 1. Original and Exclusive Jurisdiction of the Re- gional Hearing Office (RHO): a Cases involving disputes and controversies over ancestral lands/domains of ICCs/IPs; b. Cases involving violations of the require- ment of free and prior and informed consent of ICCs/IPs; ENVIRONExTAL Laws AnD PoLcies 161 ‘AND THEIR SaLsearT Provisions ¢. Actions for enforcement of decisions of ICCs/IPs involving violations of customary laws or desecration of ceremonial sites, sa- cred places, or rituals; d. Actions for redemption/reconveyance un- der Section 8(b) of R.A. 8371; and ©. Such other cases analogous to the forego- ing. (2) Original Jurisdiction of the Regional Hearing Of- fiver: a Cases affecting property rights, claims of ownership, hereditary succession, and set- tlement of land disputes, between and among ICCs/IPs that have not been settled under customary laws; and b. Actions for damages arising out of any vio- lation of Republic Act No. 8371. (3) Exclusive and Original Jurisdiction of the Com- mission: a, Petition for cancellation of Certificate of Ancestral Domain Titles/Certificate of An- cestral Land Titles (CADTs/CALTs) alleged to have been fraudulently acquired by, and issued to, any person or community as pro- vided for under Section 54 of R.A. 8371. Provided that such action is filed within one (1) year fom the date of registration. K. Quasi-judicial powers of the NCIP Sec. 69 of the IPRA (R.A. No, 8371) also endows the NCIP with the power to issue temporary restraining orders (TROs) and writs of injunction, to wit:162 PHILFPINE ENVIRONMENTAL LAWS, POLICES AND CAS RENEEDTES ‘Aw ACADEMIC DISSECTION “Sec. 69. Quasi-Judicial Powers of the NCIP. —The NCIP shall have the power and authority: “a) To promulgate rules and regulations gov- eming the hearing and disposition of cases filed before it as well as those pertaining to its intemal functions and such rules and regulations as may be necessary to cary out the purposes of this Act (R.A. No. 8371); “b) To administer oaths, summon the parties to @ 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 mate- tial to a just determination of the matter under investigation or hearing conducted in pursuance of this Act (R.A. No. 8371); ‘c) To hold any person in contempt, directly or indirectly, and impose appropriate penal- ties 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 eco: nomic activity.” Preliminary Injunction and Temporary Restrain- ing Order (TRO) may be issued by the NCIP NCIP Administrative Circular No. 1-03 echoes the pro- vision Sec. 69 R.A. No. 8371 in Sec. 82, Rule XV, of NCIP Administrative Circular No. 1-03 which provides: “Sec. 82. Preliminary Injunction and Temporary Restraining Order—A writ of preliminary injunction or restraining order may be granted by the Commission ‘ENVIRONMENTAL LAWS AND POLICES 163, ‘AND THEIR SALE PROWISIONS pursuant to the provisions of Sections 59 and 69 of R.A, (No.] 8371 when it is established, on the basis of ‘swom allegations in a petition, that the acts com- plained of involving or arising from any case, if not re- strained forthwith, may cause grave or irreparable damage or injury to any of the parties, or seriously af- fect social or economic activity. This power may also bbe exercised by RHOs in cases pending before them in order to preserve the rights of the parties.” Based on the foregoing provisions, the NCIP may issue temporary restraining orders and writs of injunction with- out any prohibition against the issuance of the writ when the main action is for injunction. The power to issue tem- porary restraining orders or writs of injunction allows par- ties to a dispute over which the NCIP has jurisdiction to seek relief against any action which may cause them grave or irreparable damage or injury. In this case, the Regional Heanng Officer issued the injunctive writ because its ju- tisdiction was called upon to protect and preserve the tights of private respondents who are undoubtedly mem- bers of ICCs/IPs (City Government of Baguio vs. Masweng, G.R. No. 180206, February 4, 2009, 578 SCRA 88). To reinforce the powers of the NCIP, the IPRA (R.A. No. 8371) even provides that no restraining order or pre- liminary injunction may be issued by any inferior court against the NCIP in any case, dispute or controversy aris- ing from or necessary to the interpretation of the IPRA and other laws relating to ICCs/IPs and ancestral domains (Sec. 70, R.A. 8371), M. Right to ancestral domains and ancestral lands: how acquired ‘The rights of the ICCs/IPs to their ancestral domains and ancestral lands may be acquired in two modes:164 Prue ENVIRONMENTAL LAWS, POLICIS aNp CASE REDE ‘An Acabuntie DssroT1on (1) by native title over both ancestral lands and do- mains; or (2) by Torrens title under the Public Land Act and the Land Registration Act with respect to ances- tral lands only (Puno, J.: Separate Op., in Cruz vs. Secretary of Environment And Natural Resources, G.R. No. 135385, December 6, 2000, 347 SCRA 128). NN. The concept of Native title Native title is defined as: “Soc. 3[l]. Native Title — refers to pro-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of pri- vate ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before tho Spanich Con quest." (Section 3 [1], R.A. No. 8371) Native title refers to ICCs/IPs' pre-conquest rights to lands and domains held under a claim of private owner- ship as far back as memory reaches. These lands are deemed never to have been public lands and are indis- putably presumed to have been held that way since before the Spanish Conquest. The rights of ICCs/IPs to their an- cestral domains (which also include ancestral lands) by virtue of native title shall be recognized and respected. Fonmal 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 con- cemed ICCs/IPs over the territories identified and deline- ated (Section 11, R.A. No. 8371). Like a Torrens title, a CADT is evidence of private ownership of land by native title. Native title, however, is a [Byvinoncznrat Laws ano Potts 165 an Tae Sater Provisions tight of private ownership peculiarly granted to ICCs/IPs over their ancestral lands and domains. The IPRA cate- gorically declares ancestral lands and domains held by native title as never to have been public land. Domains and lands held under native title are, therefore, indisputa- bly presumed to have never been public lands and are pri- vate. ‘The concept of native title in the IPRA was taken from the 1909 case of Caritio v. Insular Government (41 Phil. 935 [1909}). Cariio firmly established a concept of private land title that existed irrespective of any royal grant from the State. X x x. The court thus laid down the presumption of a certain title held (1) as far back as testimony or memory went, and (2) under @ claim of private ownership, Land held by this title is presumed to “never have been public land.” (Puno, J.: Separate Op,, in Cruz vs, Secretary of Envi- ronment And Natural Resources, G.R. No. 135285, Necem- ber 6, 2000). ©. Ancestral lands private in character ‘The private character of ancestral lands and domains as laid down in the IPRA (R.A. No. 8371) is further strengthened by the option given to individual ICCs/IPs over their individuelly-owned ancestral lands. For pur- poses of registration under the Public Land Act and the Land Registration Act (now the Property Registration De- cree), the IPRA expressly converts ancestral land into pub- lic agricultural land which may be disposed of by the State. The necessary implication is that ancestral land is private. It, however, has to be first converted to public ag- ricultural land simply for registration purposes in accor- dance with Section 12 of said law, to wit:166 Puarenis EnvinoMMenTAL Lav, POLICIES AND Case REMEDIES ‘Aw AcaDiaac DssECTION “Sec. 12. Option to Secure Certificate of Title Under Commonwealth Act 141, as amended, or the Land Registration Act 496.—Individual members of cultural communities, with respect to their individu- ally-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 (R.A. No. 8371) 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 ances- ‘ral lands, which are agricultural in character and ac- ‘tually 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 (R.A. No. 8371) " (Puno, J.: Separate Op., in Cruz vs. Secretary of Environment And Natural Re- sources, G.R. No. 135385, Dec. 6, 2000, 347 SCRA 128). P. Conversion of ancestral lands and domains from private to public agricultural land for purposes of registration Since ancestral domains and lands are private, if the ICC/IP wants to avail of the benefits of C.A. 141 and Act 496, the IPRA itself converts his ancestral land, regardless of whether the land has a slope of eighteen per cent (18%) or over (as an exception to Section 15, P.D. 705, the Revised Forestry Code), from private to public agricultural land for proper disposition. -EnviponncearraL Laws AND POUCHES 167 ‘aND THEIR Satis PROVISIONS The option to register land under the Public Land Act and the Land Registration Act has nonetheless a limited period. This option must be exercised within twenty (20) years from October 29, 1997, the date of approval of the IPRA (R.A. No. 8371) ‘Thus, ancestral lands and ancestral domains are not part of the lands of the public domain. They are private and belong to the ICCs/IPs (Puno, J.: Separate Op., in Cruz vs. Secretary of Environment And Natural Resources, G.R. No. 135385, December 6, 2000, 347 SCRA 128), Q. Indigenous concept of ownership and custom- ary law; ancestral domain is owned in common by the ICCs/IPs Ownership of ancestral domains by native title does not entitle the ICC/IP to a Torrens title but to a Certificate of Ancestral Domain Title (CADT). The CADT formally rec- ognizes the indigenous concept of ownership of the ICCs/IPs over their ancestral domain. Thus, under Section 5 of the IPRA (R.A. No. 8371): “Sec. 5. Indigenous concept of ownership— In- digenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integ- rity. The indigenous concept of ownership generally holds that ancestral domains are the ICCs/IPs private but community property which belongs to all genera- tions and therefore cannot be sold, disposed or de- stroyed. It likewise covers sustainable traditional re- source rights.” ‘The right of ownership and possession of the ICCs/IPs to their ancestral domains is held under the indigenous concept of ownership. This concept maintains the view168 Pinups ENVIRONMENTAL LAWS, POLICIES AND Case REMEDIES: ‘Aus Acanuaate DisszoION that ancestral domains are the ICCs/IPs private but com- munity property. It is private simply because it is not part of the public domain. But its private character ends there. The ancestral domain is owned in common by the ICCs/IPs and not by one particular person. The IPRA itself (under Sec. 55 thereof) provides that areas within the ancestral domains, whether delineated or not, are presumed to be communally held (Puno, J.: Separate Op., in Cruz vs. Secre- tary of Environment And Natural Resources, G.R. No. 135385, December 6, 2000, 347 SCRA 128). Thus: “Sec. 55. Communal rights.—Subject to Section 56 hereof, areas within the ancestral domains, whether delineated or not, shall be presumed to be communally held: provided, That communal rights under this Act (R.A. No, 8371) shall not be construed as co-ownership as provided in Republic Act No. 386, otherwise known as the New Civil Code.” R. Certificate of Ancestral Domain Title (CADT), a mere formal recognition of native title 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 identi- fied and delineated in accordance with R.A. No. 8371 or the IPRA. The indigenous concept of ownership exists even without a paper title. The CADT is merely a “formal recog- nition” of native title. This is clear from Section 11 of the IPRA (Puno, J.: Separate Op., in Cruz vs. Secretary of Envi- ronment And Natural Resources, G.R. No. 135985, Decem- ber 6, 2000, 347 SCRA 128), -EnvinomanrAL Laws ano Pouctes 169 ‘AND THEIR SALIENT Prowisions S. Non-inclusion of ownership by the ICCs/IPs over the natural resources; compliance with the Regalian doctrine There is nothing in the law (IPRA) that grants to the ICCs/IPs ownership over the natural resources within their ancestral domains, The right of ICCs/IPs in their ancestral domains includes ownership, but this “ownership” is ex- pressly defined and limited in Section 7 (a) as: “Sec. 7. a) Right of ownership. —The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, tra- ditional hunting and fishing grounds, and all im- provements made by them at any time within the do- mains;" The ICGs/IPs are given the right to claim ownership over “lands, bodies of wator traditionally and actually uc- cupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains." This enumeration does not mention bodies of water not occupied by the ICCs/IPs, minerals, coal, wildlife, flora and fauna in the traditional hunting grounds, fish in the traditional fishing grounds, forests or timber in the sacred places, etc, and all other natural resources found within the ancestral domains; The tight of ownership under Section 7(a) (of the IPRA or R.A. No. 8371) does not cover “waters, minerals, coal, petro- loum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna and all other natural resources" enumerated in Section 2, Article XII of the 1987 Constitution as belonging to the State. The non-inclusion of ownership by the ICCs/IPs over the natural resources in Section 7(a) complies with the Regalian doctrine (Puno, J.: Separate Op., in Cruz vs. Secre-170 Pentre EwvmosnTaL Laws, POLctss ax Cast REMEDIeS: ‘Aw Acapeuc Disteor1on tary of Environment And Natural Resources, G.R. No. 136385, December 6, 2000, 347 SCRA 128), T. Requirements and process of delineation and recognition of ancestral domains + _ Article Il, Section 22 of the 1987 Constitution recog- nizes the rights of all indigenous peoples. This, however, cannot be used as a blanket authority to claim, without sufficient proof, a territory spanning, say, an entire geo- graphical region. The stringent requirements and strict process of de- lineation for recognition of ancestral domains have been provided for under Chapter VIII of the IPRA (R.A. No. 8371), viz: “SEC. 81. Delineation and Recognition of Ances- tral Domains.—Self-delineation shall be the guiding principle lu Uuw identification and delineation of ancas- tral domains. As such, the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. The Swom 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 tenitories. The Government shall take the necessary steps to identify lands which the ICCs/IPs concerned traditionally oc- cupy and guarantee effective protection of their rights of ownership and possession thereto, Measures shell ‘be taken in appropriate cases to safeguard the right of the ICCs/IPs concemed to land, which they may no longer be exclusively occupied by them, but to which they have traditionally had access for their subsis- tence and traditional activities, particularly of ICCs/IPs ‘who are still nomadic and/or shifting cultivators. ENVIROMENTAL LAW AND POLICIES ‘AKO Titin Sazsen” Provisions “SEC. 62, Delineation Process.—The identifica- tion and delineation of ancestral domains shall be done in accordance with the following procedures: "(b) Petition for Delineation. The process of de- lineating a specific perimeter may be initiated by the NNCIP with the consent of the ICC/IP concemed, or through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs. “(c) Delineation Proper. The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the Ancestral Domains Oifice upon fil- ing of the application by the ICCs/IPs concemed. De- lineation will be done in coordination with the com- munity concemed and shall et all times include genu- ine involvement and participation by the members of the communitios concemed. “(@) Proof Required. Proof of Ancestral Domain Claims shall include the testimony of elders or com- munity 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 conceming boundaries entered am17 ‘Peauirenve Ewvtrowenrat Laws, Pocicies ab Case Rentznes “Aw Acapennc Dissection into by the ICCs/Ps concerned with other ICCs/IPs; 5) Survey plans and sketch maps; 6) Anthropological data; 7) Genealogical surveys; 8) Pictures and descriptive histories of tradi- tional communal forests and hunting grounds; 9) Pictures ‘and descriptive histories of tradi tional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the lik: 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 @ perimeter map, complete with technical descrip- tions, and a description of the natural features and landmarks embraced therein. “( Report of Investigation and Other Docu- ments. A complete copy of the preliminary census and @ report of investigation, shall be propared by the An- cestral Domains Office of the NCIP. “(g) Notice and Publication. A copy of each document, including a translation in the native lan- guage of the ICCs/IPs concemed 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 days (1) from date of such publication: Provided, That in areas where no such newspaper exist, broadcasting EnvimornantraL Laws anp PoLicies 173 ‘ap Task SALT PROVISIONS in a radio station will be a valid substitute; Provided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not available, (h) Endorsement to NCIP. Within fifteen (16) 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 evi- dence; 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 Do- mains Office shall give the applicant due notice, copy fumished all concemed, 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 houndaries of ancestral domain claims, the Ancestral Domains Of fice shall cause the contending parties to meet and as- sist them in coming up with a preliminary resolution of, the conflict, without prejudice to its full adjudication according to the Section below." U. Free and Prior Informed Consent (FPIC) Section 3(g) of the IPRA (R.A. No. 8371) also requires that there be a free and informed prior consent (sic) by the indigenous peoples concerned to be exercised through consultations before any decision relating to their ances- tral domain is made. This mule not only guarantees the tight to information of the people in these areas, but also the right of the indigenous peoples to free and informed prior consent (sic) as an element of due process (Reyes, RT, Ji: Separate Op. in Province of North Cotabato vs.174 Punuirpive ENVIRONMENTAL LAWS, POLICIES AND Case REMEDIES: ‘Any ACADEMIC DissgeTiou Government of the Republic of the Philippines, G.R. No. 183691, October 14, 2008, 568 SCRA 403). ‘The term “Free and Prior Informed Consent” as used in R.A. No. 8371 means the consensus of all members of the ICCs/IPs to be determined in accordance with their re- spective customary laws and practices, free from any ex- temal manipulation, interference and coercion, and ob- tained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community (Sec. 3{g] of R.A. No. 8371),