THE INDIGENOUS KNOWLEDGE SYSTEMS AND

PRACTICES (IKSPs) AND CUSTOMARY LAWS (CLs)

RESEARCH AND DOCUMENTATION GUIDELINES
OF 2012 (NCIP Administrative Order No. 1, Series
of 2012)
 
ATTY. SEVERINO MANUEL G. LUMIQUED
Legal Officer
National Commission on Indigenous Peoples (NCIP)-
Benguet Provincial Office
1. PRELIMINARY MATTERS:

 The 1987 Philippine Constitution provides that the State shall

recognize and promote the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) within the framework
of national unity and development.

 Enabling law:

Republic Act No. 8371 or the Indigenous Peoples Rights Act

(IPRA) of 1997 signed by then President Fidel Valdez Ramos on
October 29, 1997 and took effect on November 22, 1997.
 IPRA recognizes, protects and promotes the following
bundles of rights of ICCs/IPs:

1) Right to Ancestral Domain and Ancestral Land,

2) Right to Self-governance and Empowerment,

3) Social Justice and Human Rights, and

4) Cultural Integrity
 IPRA created the National Commission on
Indigenous Peoples (NCIP).

NCIP Mandate:

To protect and promote the interest and

well-being of the ICCs/IPs with due regard to
their beliefs, customs, traditions and
institutions.
POLICY ISSUANCE OF THE NCIP ON CULTURAL INTEGRITY:

 NCIP Administrative Order No. 1, Series of 2012 was

approved by the Commission En Banc of the NCIP on March 15,
2012 and it took effect on May 30, 2012.

 It is the policy of the NCIP to ensure and guarantee the exercise

by the concerned Indigenous Cultural Communities/Indigenous
Peoples (ICCs)/IPs) of their right to allow or reject, through the
Free and Prior Informed Consent (FPIC) process, research and
documentation of their IKSPs and customary laws. Their FPIC to any
research activity that affects them shall be secured before
such activity may commence.
 FPIC shall mean the consensus of all the 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. Thus, the concerned ICCs/IPs should be fully
informed what the research is all about, what are the
resources that will be gathered, and the aspects of
benefits-sharing, among other concerns.
2. PROJECTS OR ACTIVITIES COVERED:

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 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 of 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
delineation of ancestral domains/lands and formulation of
Ancestral Domain Sustainable Development and Protection
Plans (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.
3. PROCEDURE TO BE FOLLOWED IN COMMUNITY INITIATED
OR SOLICITED RESEARCHES, ACADEMIC RESEARCHES, RESEARCHES
IN AID OF POLICY, AND SOCIAL RESEARCHES:
A. Filing of application form with the concerned NCIP regional
office and payment of filing fee in the amount of 500 pesos.
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. Manifestation agreeing to shoulder the administrative costs
incidental to the research activities.
 2. An undertaking in good faith executed by the applicant that he
or she will abide by this guidelines and other requirements.
B. Review and evaluation of the application by the Technical
Management and Services Division (TSMD) Chief assisted by the
Regional Legal Officer. However, the application shall be denied by
the Regional Director, upon recommendation of the TMSD Chief
and the Regional Legal Officer on any of the following grounds:
1. The research involves the intrusive and actual
experimentation of human persons that will pose an
imminent threat to their life and limb;
2. It involves the excavation or destruction of sacred places
or worship grounds or other culturally sensitive areas
restricted by tradition; or
3. Those that may violate the rights of ICCs/IPs.
C. Formation of IKSP Team by the Regional Director upon
recommendation of the TMSD Chief if the application
is sufficient and meritorious. 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. It shall facilitate the
proceedings.

D. Sending by the Regional Director of notice of

sufficiency of the research application if the same is
sufficient to the applicant and the community through
their elders/leaders.
E. Preparation of a Work and Financial Plan (WFP) by the applicant
and the IKSP team in consultation with the ICC/IP elders/leaders.
The WFP to be signed by the applicant and approved by the
Regional Director shall contain the following:

1. Expenses for food and transportation of the ICC/IP

elders/leaders and members who will attend meetings,
conferences and other activities;
2. Documentation expenses (e.g. photo and/or video,
cassette recording, reproduction of documents); and
3. Other logistical costs.

The amount computed in the WFP shall be held by the applicant and
to be disbursed for the purposes for which they are intended.
F. Holding of a conference within 5 days from the approval and
signing of the WFP for the applicant to present to the community
members the following:
1. Purpose/s of the research
2. Parameters
3. Methodologies
4. Materials
5. Cost and source of fund of the research
6. Related information on the intended research
7. Benefits that the community may derive from the
research activity
8. Data gathering tools
9. Research work plan
G. Community decision-making to be done within 30 days
from the termination of the conference. In case of
acceptance of the research proposal, the concerned
ICCs/IPs shall identify the selected key informants, the
extent of the information that may be disclosed to the
researcher, restrictions and other terms and conditions
deemed appropriate by the community and the authorized
signatory to the Memorandum of Agreement (MOA) and
Resolution of Consent. In case of denial, however, the IKSP
Team shall submit to the Regional Director a report on the
proceedings conducted together with the resolution of
denial by the community.
H. MOA negotiation, preparation, and signing within 5 days from
the manifestation by the concerned ICCs/IPs of their consent to the
research application. The MOA contents are:
1. The detailed premises of the agreement;
2. All parties involved
3. Inclusive dates/duration of the agreement
4. Rights and responsibilities of the parties
5. The extent of the information that may be disclosed
6. The benefits to be received by the community
7. Dispute resolution mechanisms and sanctions for non-
compliance with the agreement;
8. Other terms and conditions agreed upon by the parties.
I. Submission of report to the Regional Director by the IKSP
team within 10 days from the MOA negotiation and signing.

J. Issuance of Certification Precondition by the Regional Director

within 10 days from the submission by the IKSP Team of their
report and favorable recommendation.

K. Conduct of research. In case of failure to complete the research

within the period stipulated, a written request for extension
addressed to the elders/leaders of the community may be filed and
the grant or denial of the same shall be embodied in a resolution.
L. Output validation by the community within 10 days from
completion of the research and a certificate of validation shall be
issued by it immediately after the conduct of the validation
process. 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 concerned ICCs/IPs are fully satisfied with
the content, extent and manner of presentation of the information
or knowledge that may be published or communicated.
M. Submission of the validated research output to the community
registry, Regional Office and the Central Office.
N. Publication of the research output in which 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.
4. PROCEDURE TO BE FOLLOWED IN RESEARCHES AND
DOCUMENTATION BY THE NCIP:
a. Transmittal or submission of the letter of intent together with
the project proposal containing the purpose, methodology
and the process or procedure of the research to the IP
community concerned.
b. Conference between the community members and the NCIP
representative/s within five (5) days from transmittal whereby
the latter shall disclose to the former the project proposal
including the benefits that may be derived by the community
from the research output.
c. Community decision-making fifteen (15) days from the
termination of the conference. Resolution of acceptance shall
be issued if the proposal is accepted or resolution of denial if
otherwise.
d. Conduct of the research or documentation.
 e. Output validation by the community immediately after the
completion of the research whereby it 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.
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.

f. Submission of the validated and approved research output to

the IP community registry, Regional Office and Central Office
through the Office of the Policy, Planning and Research (OPPR) within
thirty (30) days from the validation and approval by the community.
5. COMMUNITY BENEFITS:
a. Final research output
b. Royalty- share of the community from the income derived
from the use of the research output in an amount provided in
the MOA.
c. User fees- These are 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. These include non-monetary forms.
6. EXCEPTION TO THE PROCESS:
Researches undertaken by pupils and high school students to
complete requirements for subject courses or in finishing basic
education.

7. RESPONSIBILITIES OF THE COMMUNITY:

a. Establish a registry of completed research output;
b. Inform and/or orient the researches of the cultural
sensitivities of the community (taboos, do’s and don’ts);
c. Ensure that all concerned sectors in the community are
properly represented in the consensus building.
8. RESPONSIBILITIES OF THE RESEARCHER:

a. Comply faithfully with the provisions of the MOA;

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 the guidelines.
9. RESPONSIBILITIES OF NCIP:
a. Ensure compliance with the provisions of the 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 the MOA;
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.
10. OWNERSHIP RIGHTS:
Ownership rights to researches and documentations whether
published or unpublished shall belong to:

a. The community for researches whether initiated, solicited

or conducted by the community itself 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.
11. SANCTIONS:
Failure to comply with the terms and conditions of their
agreements and violation of any of the provisions of the 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.