LESSON 2.

THE
INDIGENOUS
PEOPLES’ STRUGGLE
IN THE CORDILLERAS

LESSON 3. SALIENT
FEATURES OF THE IPRA
LAW
OBJECTIVES:

 Struggles of the Indigenous Peoples during

different Times
 Salient Features of the IPRA LAW
 Land Laws of the Philippines
 Conflicts of the IPRA LAW
LESSON2: THE INDIGENOUS
PEOPLES’ STRUGGLE IN THE
CORDILLERAS
The Indigenous Peoples’ Rights Act (IPRA), or Republic Act No.
8371 of the Philippines, defines Indigenous Peoples as follows:

 People or groups who are descendants of the original

inhabitants of the Philippines before the arrival of
foreign settlers.
 Communities who have continuously lived in a
particular territory or ancestral domain.
 Communities who have a historical resistance to
colonization and have become differentiated from the
majority.
The Indigenous Peoples’ Rights Act (IPRA), or Republic Act No.
8371 of the Philippines, defines Indigenous Peoples as follows:

 People who have a self-ascribed and/or ascribed

identity as indigenous and are recognized by the
community and government.
 Individuals or communities who have a bond with their
land and territory, and have occupied, possessed, and
utilized it since time immemorial.
INDIGENOUS TRIBES IN THE PHILIPPINES

IGOROT (NORTHERN LUMAD TRIBES MANGYAN (MINDORO)

PHILIPPINES) (SOUTHERN
PHILIPPINES)

AETAS BADJAOS
GENERAL PROFILE OF INDIGENOUS PEOPLES IN THE
PHILIPPINES
 12 to 15 million are indigenous peoples, or about 17-
22% of the total population in 1995.
 Indigenous communities are present in the inland
regions of Luzon, Mindanao, and certain islands in the
Visayas. They either retreated to these remote areas in
response to colonization or valiantly defended their
territories, preserving strong ties to their ancestral
heritage.
GENERAL PROFILE OF INDIGENOUS PEOPLES IN THE
PHILIPPINES

 1700s and 1800s- most lowland communities had

already been integrated into a single colony under
Spain.
 1700s to the early 1900s- the influx of migrants into
indigenous peoples’ territories, many influences have
been introduced that gradually changed the indigenous
way of life.
GENERAL PROFILE OF INDIGENOUS PEOPLES IN THE
PHILIPPINES

 1890s to the early 1900s (American Colonial Rule)- the

forces of market economy and central government
slowly but steadily caught up with most indigenous
communities.
 1970s- pressure upon indigenous communities’ land
base intensified as the national economy became
increasingly foreign-dominated and export-oriented.
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

 Since time immemorial, Philippine ancestors believed

in a cosmology where the Creator (known by various
names such as Bathala, Kabunian, Magbabaya, Apo
Sandawa) was linked with other deities and spirits.
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

1. Territoriality
2. Rights to Access Land and Use
3. Land Acquisition
4. Indigenous Governance
5. Resource Management
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

1. Territoriality
• The concept of "ili" is a local term used by the
Cordillera peoples to describe the relationship
between people and their territory. It can be
understood as "the communal territory of an
indigenous settlement," akin to the notion of
homelands among tribal communities.
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

2. Rights to Access Land and Use

• In the Cordillera region, three predominant patterns
exist regarding land and resource access and usage.
These patterns include communal ownership, clan or
family properties, and individual private properties.
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

3. Land Acquisition
• Inheritance: Inherited properties are the most prized
possessions among the Cordillera peoples.
• Sale: Sale is traditionally permitted only in times of
extreme need and emergency.
• Compensation: Property may also be acquired as a
form of compensation for harm or damage done to
another member of the community.
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

4. Indigenous Governance
• Bodong/Peche: This term literally means ‘peace pact’.
• Dap-ay/Abong: This refers to the physical location of
the center of governance in the ili which also serves a
social function.
• Lallakay/Amam-a/ E-emmed: This is the traditional
council of elders who govern the ili.
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES
5. Resource Management
a. Forest/Watershed Areas
b. Agricultural Land
c. Water Resources
TRADITIONAL WATER MANAGEMENT IN BESAO,
MT. PROVINCE (MARCH 2003)
 The issue of water among the iBesao is an issue of
survival for a people who consider themselves the
stewards of the land. Traditional management of water
resources is intricately woven in the belief of spirits
inhabiting elements of nature, nakin-baey.
TRADITIONAL WATER MANAGEMENT IN BESAO,
MT. PROVINCE (MARCH 2003)

 Legleg- a sort of a
thanksgiving and
propitiating ritual,
is performed in
water sources
yearly in Besao.
Struggles on Land Ownership
COLONIZATION PERIOD
SPANISH PERIOD
The Regalian Doctrine unilaterally
declared all lands discovered and
explored by Spanish trades and
conquistadores as under the ownership
and exploitation of the Spanish crown.
AMERICAN TIME
In 1902, the enactment of Land
Registration Act No. 496 took place.
This legislation established the Torrens
system for formal land registration,
granting the state the authority to
provide secure proof of land title to
eligible claimants for a specific parcel of
land.
The Land Laws in the Philippines
• Administrative Order No. 11 (Bureau of Forestry, 1970)
• Presidential Decree No. 511
• 1975 Presidential Decree also known as Revised Forestry Code of 1975
• Republic Act 7942 or Mining Act of 1995
• Proclamation No. 217
• Proclamation No. 15
• Proclamation No. 354
• Proclamation No. 667
• Proclamation No. 58
• Proclamation No. 120
• Proclamation No. 548
• Proclamation No. 1794
• Presidential Degree No. 410,
The Land Laws in the Philippines

• 1991- The Local Government Code

• 1997- The Indigenous Peoples Rights Act (IPRA) R.A.
8371
LESSON 3: SALIENT FEATURES
OF THE IPRA LAW
A. INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLES (ICCS/IPS)

 Indigenous Peoples/Indigenous Cultural

Communities (IP/ICC) refer to a group of people
sharing common bonds of language, customs,
traditions and other distinctive cultural traits, and
who have, under claims of ownership since time
immemorial, occupied, possessed and utilized a
territory.
THE CONSTITUTIONAL BASIS OF THE IPRA LAW OF
1997

 ARTICLE XII, Section 5 of the 1987 Constitution

states that, “The State, subject to the provisions of
this Constitution and national development policies
and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-
being.”
THE FIVE PILLARS OF THE IPRA LAW OF 1997

1.) Chapter III – Rights to Ancestral Lands and Domains

2.) Chapter IV – Right to Self-Governance and
Empowerment
3.) Chapter V – Social Justice and Human Rights
4.) Chapter VI – Cultural Integrity
5.) Chapter VII - National Commission On Indigenous
Cultual Communities/Indigenous Peoples (NCIP)
5. THE NATIONAL COMMISSION ON ICCS/IPS (NCIP)

The National Commission on Indigenous Cultural

Communities and Indigenous Peoples (NCIP) is the principal
governmental organization tasked with developing and
executing policies, plans, and programs to uphold the rights
and welfare of indigenous cultural communities and
indigenous peoples. It also works towards acknowledging
their ancestral domains and ensuring the corresponding
rights associated with them.
5. THE NATIONAL COMMISSION ON ICCS/IPS (NCIP)

• In 1970’s-1980s, the experience of Kalinga, Mt. Province

and Abra shows that they had been using IKSP and
peaceful means in settling conflicts, however, the
government did not see the significance during those
times.
• The Mining Act of 1995 or Republic Act 7942 is a threat to
IPs. It is a law that opens the ancestral domain to mining
investors.
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

 1950s- the construction of the Ambuklao and Binga

dams in the province of Benguet had already dislocated
hundreds of indigenous Ibaloy families

AMBUKLAO DAM BINGA DAM

THE CONCEPT OF LAND AMONG CORDILLERANS

“To claim a place is the birth right of every man (sic). The lowly
animals claim their place, how much more man. Man is born to
live. Apu Kabunian, lord of us all, gave us life and placed us in
this world to live human lives. And where shall we obtain life?
From the land. To work the land is an obligation, not merely a
right. In tilling the land, you possess it. And so land is a grace
that must be nurtured. Land is sacred. Land is beloved. From its
womb springs our Kalinga life.”
THE CONCEPT OF LAND AMONG INDIGENOUS
PEOPLES

 1970s- the Cordillera

indigenous peoples
widely rejected a World
Bank-funded series of
dams along the Chico
River that would have
displaced 90,000 Bontok
and Kalinga people.