MARCH 20, 2015

NR # 3776B

Solon wants to safeguard rights of Indigenous Cultural Communities

A lawmaker has sought an investigation on the issuance of Certificates of Ancestral Land
Title in Baguio City by the National Commission on Indigenous Peoples (NCIP) to determine if
it complies with the provisions of Republic Act 8371 known as the Indigenous Peoples Rights
Act (IPRA).
In House Resolution 1883, Rep. Ronald Cosalan (Lone District, Benguet) said IPRA
provides for Free and Prior Informed Consent (FPIC), which states that an indigenous
community has the right to give or withhold its consent to proposed projects that may affect the
lands they customarily own, occupy or use.
Congress should make sure that this right of the indigenous cultural communities (ICCs)
is protected and promoted pursuant to the law that was signed in 1997 by then President Fidel V.
Ramos, Cosalan said.
Tasked to protect and promote the indigenous peoples rights is the NCIP, which is
primarily responsible for the issuance of ancestral domain titles, permits, and leases or grants for
use of any portion of an ancestral domain, according to Cosalan.
In calling for the probe, Cosalan said the Department of Environment and Natural
Resources (DENR) forwarded to NCIP the Draft Joint DENR-NCIP Administrative Order
Governing Sec. 12, IPRA (RA 8371) and the Draft Joint DENR-NCIP Memorandum Circular on
the Clarification of Issues Relative to the Implementation of IPRA and Environment and Natural
Resources Laws and Policies but these remain unacted upon until now.
Section 12 of IPRA states in part that individual members of cultural communities, with
respect to their individually-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 30 years immediately
preceding the approval of RA 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.
Section 12, IPRA, dealing with the option to secure certificate of title under
Commonwealth Act 141, as amended, or the Land Registration Act of individually owned
ancestral lands, has not been implemented ever since the law came to effect for lack of
information dissemination when it is expressly stated that such option is set to expire after twenty
years from the approval of said Act, Cosalan said.
Cosalan said the inquiry could help formulate and introduce legislation that would provide
ample protection and remedies to the Indigenous Peoples. (30) mrs