Article 134p. 134

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

identified by self-ascription and ascription by other, who

have continuously lived as organized community on

communally bounded and defined territory, and who

have, under claims of ownership since time immemorial,

occupied,

possessed

customs,

tradition

and

other

distinctive

cultural

traits,

or

who

have,

through

resistance to political, social and cultural inroads of

colonization,

non-indigenous

religions

and

culture,

became historically differentiated from the majority of

Filipinos. ICCs/IPs shall likewise include peoples who are

regarded as indigenous on account of their descent

from the populations which inhabited the country, at

the time of conquest or colonization, or at the time of

inroads of non-indigenous religions and cultures, or the

establishment of present state boundaries, who retain

some or all of their own social, economic, cultural and

political institutions, but who may have been displaced

from

their

traditional

domains

or

who

may

have

resettled outside their ancestral domains;

i) Indigenous Political Structure - refer to organizational

and

cultural

leadership

systems,

institutions,

relationships,

patterns

and

processed

for

decision-making and participation, identified by ICCs/IPs

such as, but not limited to, Council of Elders, Council of

Timuays, Bodong Holder, or any other tribunal or body of

similar nature;

j) Individual Claims - refer to claims on land and rights

thereon

which

have

been

devolved

to

individuals,

families

and

clans

including,

but

not

limited

to,

residential lots, rice terraces or paddies and tree lots;

k) National Commission on Indigenous Peoples (NCIP) -

refers to the office created under this Act, which shall be

under the Office of the President, and which shall be the

primary

government

agency

responsible

for

the

formulation and implementation of policies, plans and

programs to recognize, protect and promote the rights

of ICCs/IPs;

l) Native Title - refers to pre-conquest rights to lands and

domains which, as far back as memory reaches, have

been

held

under

a

claim

of private ownership by

ICCs/IPs, have never been public lands and are thus

indisputably presumed to have been held that way since

before the Spanish Conquest;

m) Nongovernment Organization - refers to a private,

nonprofit

voluntary

organization

that

has

been

organized primarily for the delivery of various services to

the ICCs/IPs and has an established track record for

effectiveness and acceptability in the community where

it serves;

n) People's Organization - refers to a private, nonprofit

voluntary organization of members of an ICC/IP which is

accepted as representative of such ICCs/IPs;

o) Sustainable Traditional Resource Rights - refer to the

rights of ICCs/IPs to sustainably use,manage, protect and

conserve a) land, air, water, and minerals; b) plants,

animals and other organisms; c) collecting, fishing and

hunting grounds; d) sacred sites; and e) other areas of

economic, ceremonial and aesthetic value in accordance

with their indigenous knowledge, beliefs, systems and

practices; and

p) Time Immemorial - refers to a period of time when as

far back as memory can go, certain ICCs/IPs are known

to have occupied, possessed in the concept of owner,

and utilized a defined territory devolved to them, by

operation of customary law or inherited from their

ancestors,

in

accordance

with

their

customs

and

traditions.

CHAPTER

III

RIGHTS

TO

ANCESTRAL

DOMAINS

Section

4.

Concept

of

Ancestral

Lands/Domains.

-

Ancestral lands/domains shall include such concepts of

territories which cover not only the physical environment

but the total environment including the spiritual and

cultural bonds to the area which the ICCs/IPs possess,

occupy and use and to which they have claims of

ownership.

Section

5.

Indigenous

Concept

of

Ownership.

-

Indigenous concept of ownership sustains the view that

ancestral domains and all resources found therein shall

serve as the material bases of their cultural integrity. The

indigenous concept of ownership generally holds that

ancestral

domains

are

the

ICC's/IP's

private

but

community property which belongs to all generations

and therefore cannot be sold, disposed or destroyed. It

likewise covers sustainable traditional resource rights.

Section 6. Composition of Ancestral Lands/Domains. -

Ancestral lands and domains shall consist of all areas

generally belonging to ICCs/IPs as referred under Sec. 3,

items (a) and (b) of this Act.

Section 7. Rights to Ancestral Domains. - The rights of

ownership and possession of ICCs/IPs t their ancestral

domains shall be recognized and protected. Such rights

shall include:

a. Rights of Ownership.- The right to claim ownership

over lands, bodies of water traditionally and actually

occupied by ICCs/IPs, sacred places, traditional hunting

and fishing grounds, and all improvements made by

them at any time within the domains;

b. Right to Develop Lands and Natural Resources. -

Subject to Section 56 hereof, right to develop, control

and use lands and territories traditionally occupied,

owned,

or

used;

to

manage

and

conserve

natural

resources

within

the

territories

and

uphold

the

responsibilities for future generations; to benefit and

share the profits from allocation and utilization of the

natural resources found therein; the right to negotiate

the terms and conditions for the exploration of natural

resources in the areas for the purpose of ensuring

ecological,

environmental

protection

and

the

conservation

measures,

pursuant

to

national

and

customary laws; the right to an informed and intelligent

participation in the formulation and implementation of

any project, government or private, that will affect or

impact upon the ancestral domains and to receive just

and fair compensation for any damages which they

sustain as a result of the project; and the right to

effective measures by the government to prevent any

interfere with, alienation and encroachment upon these

rights;

c. Right to Stay in the Territories- The right to stay in the

territory and not be removed therefrom. No ICCs/IPs will

be relocated without their free and prior informed

consent, nor through any means other than eminent

domain. Where relocation is considered necessary as an

exceptional measure, such relocation shall take place

only with the free and prior informed consent of the

ICCs/IPs concerned and whenever possible, they shall be

guaranteed

the

right

to

return

to

their

ancestral

domains, as soon as the grounds for relocation cease to

exist. When such return is not possible, as determined by

agreement or through appropriate procedures, ICCs/IPs

shall be provided in all possible cases with lands of

quality and legal status at least equal to that of the land

previously occupied by them, suitable to provide for their

present needs and future development. Persons thus

relocated shall likewise be fully compensated for any

resulting loss or injury;

© 2018 Compiled by RGL

134 of 244