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THE

INDIGENOUS
PEOPLE ACT
OF 1997

Submitted to:

Atty. Ariel Joseph B. Arias

2017
ACKNOWLEDGMENT

The completion of this undertaking could not have been possible without the
participation and assistance of all the students enrolled in Agrarian Reform class
2017 for their invaluable support and efforts in research and dedication in
completing this project. Their contributions are sincerely appreciated and
gratefully acknowledged.

We would like to particularly thank Atty. Ariel Joseph Arias for his endless
support and understanding.

To all relatives, friends and others who have provided support, read, wrote,
offered comments and assisted in proofreading, we extend our thanks to all of you.

Last but definitely not the least, to the Great Almighty who has blessed
and guided us in creating this book, we thank you.
INTRODUCTION

Indigenous People's Rights Act of 1997 (IPRA) (RA 8371) is a legislation that
recognize and promote all the rights of Indigenous Cultural
Communities/Indigenous Peoples of the Philippines.
Indigenous peoples share distinctive traits that set them apart from the
Filipino mainstream. While the mainstream Filipinos are Christians, the indigenous
people are the non-Christians.
Accordingly, the IPs live in less accessible, marginal, mostly upland areas.
They have a system of self-government not dependent upon the laws of the central
administration of the Republic of the Philippines. They follow ways of life and
customs that are perceived as different from those of the rest of the population.
TABLE OF CONTENTS
OVERVIEW OF INDIGENOUS PEOPLE ACT OF 1997 1
REPUBLIC ACT NO. 8371
CHAPTER 1: GENERAL PROVISIONS 5
CHAPTER I: DEFINITION OF TERMS 6
CHAPTER III: RIGHTS TO ANCESTRAL DOMAINS 8
CHAPTER IV: RIGHT TO SELF-GOVERNANCE AND EMPLOYMENT 12
CHAPTER V: SOCIAL JUSTICE AND HUMAN RIGHTS 13
CHAPTER VI: CULTURAL INTEGRITY 15
CHAPTER VII: NATIONAL COMMISSION ON INDIGENOUS PEOPLES 18
CHAPTER VIII: DELIENATION AND RECOGNITION OF ANCESTRAL DOMAINS 23
CHAPTER IX: JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS 30
CHAPTER X: ANCESTRAL DOMAINS FUND 31
CHAPTER XI: PENALTIES 31
CHAPTER XII: MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES
(ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC) 32
CHAPTER XIII: FINAL PROVISIONS 34

COMMENTS AND DISCUSSIONS: 36


RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8371,
OTHERWISE KNOWN AS THE INDIGENOUS PEOPLES
RIGHTS ACT OF 1997
RULE I: PRELIMINARY PROVISION: 39
RULE II. DEFINITION OF TERMS 40
RULE III: RIGHTS TO ANCESTRAL DOMAINS/LANDS 44
RULE IV: RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT 55
RULE V: SOCIAL JUSTICE AND HUMAN RIGHTS 64
RULE VI: CULTURAL INTEGRITY 69
RULE VII. THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) 76
RULE VIII. DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS 95
RULE IX. JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS 110
RULE X. ANCESTRAL DOMAIN FUNDS 112
RULE XI. PENALTIES AND SANCTIONS 113
RULE XII: MERGER OF THE ONCC/OSCC 114
RULE XIII. FINAL PROVISIONS 120

NCIP ADMINISTRATIVE ORDER NO. 1


SERIES OF 2012 THE INDIGENOUS KNOWLEDGE SYSTEMS AND PRACTICES
(IKSPS) AND CUSTOMARY LAWS (CLS) RESEARCH AND DOCUMENTATION
GUIDELINES OF 2012 122

NCIP ADMINISTRATIVE ORDER NO. 2


SERIES OF 2012 THE GENERAL GUIDELINES ON THE CONFIRMATION OF
INDIGENOUS POLITICAL STRUCTURES AND THE
REGISTRATION OF INDIGENOUS PEOPLES ORGANIZATIONS 137

NCIP Administrative Order No. 3


Series of 2012 THE REVISED GUIDELINES ON FREE AND PRIOR INFORMED
CONSENT (FPIC) AND RELATED PROCESSES OF 2012 151
NCIP ADMINISTRATIVE ORDER NO.4
Series of 2012 REVISED OMNIBUS RULES ON DELINEATION AND
RECOGNITION OF ANCESTRAL DOMAINS AND LANDS OF 2012 189

NCIP Administrative Order No. 01


Series of 2006 THE FREE AND PRIOR INFORMED CONSENT (FPIC)
GUIDELINES OF 2006 234

JURISPRUDENCE ON INDEGENOUS PEOPLE ACT OF 1997 268