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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.
Katarungang
Pambarangay
- a system of mediation and arbitration for
certain cases, actually recognizes the justice
system of indigenous communities
Section 15
Section 15. Justice System, Conflict Resolution
Institutions, and Peace Building Process. – 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 respective communities and as
may be compatible with the national legal system
and with internationally recognized human rights
Section 7
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
Implementing Rules and
Regulations
All conflicts related to the ancestral domains
or lands where one of the parties is a NON-IP
or where the dispute could NOT be resolved
through customary law shall be heard and
adjudicated in accordance with the Rules and
Pleadings, Practice and Procedures before the
NCIP
Sec. 10, Rules of
Procedure
i. Parties belong to the same tribe – dispute settlement
will be in accordance with the ICC/IP community;

ii. Parties belong to different tribes – dispute settlement

will be in accordance with the inter-tribal disputes
settlement procedures, if any, OR, on applicable
procedure as the parties may agree

iii. Lawyers are prohibited from appearing as counsel of a

party, EXCEPT when he is appearing as member of
the council of elders
LGC on Katarungang
Pambarangay
Conciliation settlement must be filed first to
the Lupon or Pangkat, and NOT directly before
the court.

The customs and traditions of the ICCs shall

be applied in settling disputes between
members of the cultural communities.
LGC on Katarungang
Pambarangay (cont.)
Under the IPRA, the application of the indigenous
justice system is mandatory in cases of property
rights, claims and ownership, hereditary
succession, settlement of land disputes within the
ancestral domains and ancestral lands between
the same ICCs/Ips.

A certification to file action is needed on the

ground of failure of settlement in case a party
decides to pursue the case in the proper court.
Exceptions
i. Where one of the parties is a public or private corporation, or a
public officer and the dispute is in connection with his official
functions;

ii. Where one of the parties is non-IP or does not belong to the
same ICC, except when voluntarily submits to the Council of
Elders;

iii. Where the relief seeks to prevent any grave, imminent and
irreparable damage or injury;

iv. Where Council of Elders refused to issue the certification

without justifiable reasons
Section 62
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 can not 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.