Article 135p. 135

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

d. Right in Case of Displacement. - In case displacement

occurs as a result of natural catastrophes, the State shall

endeavor to resettle the displaced ICCs/IPs in suitable

areas

where

they

can have temporary life support

system: Provided, That the displaced ICCs/IPs shall have

the right to return to their abandoned lands until such

time that the normalcy and safety of such lands shall be

determined:

Provided,

further,

That

should

their

ancestral domain cease to exist and normalcy and safety

of the previous settlements are not possible, displaced

ICCs/IPs shall enjoy security of tenure over lands to

which they have been resettled: Provided, furthermore,

That basic services and livelihood shall be provided to

them

to

ensure

that

their

needs

are

adequately

addressed:

e. Right to Regulate Entry of Migrants. - Right to regulate

the entry of migrant settlers and organizations into the

domains;

f. Right to Safe and Clean Air and Water. - For this

purpose, the ICCs/IPs shall have access to integrated

systems for the management of their inland waters and

air space;

g. Right to Claim Parts of Reservations. - The right to

claim parts of the ancestral domains which have been

reserved for various purposes, except those reserved and

intended for common and public welfare and service;

and

h. Right to Resolve Conflict. - Right to resolve land

conflicts in accordance with customary laws of the area

where the land is located, and only in default thereof

shall

the

complaints

be

submitted

to

amicable

settlement

and

to

the

Courts of Justice whenever

necessary.

Section 8. Rights to Ancestral Lands. - The right of

ownership

and

possession

of the ICCs/IPs, to their

ancestral lands shall be recognized and protected.

a. Right to transfer land/property. - Such right shall

include the right to transfer land or property rights

to/among members of the same ICCs/IPs, subject to

customary

laws

and

traditions

of

the

community

concerned.

b. Right to Redemption. - In cases where it is shown that

the transfer of land/property rights by virtue of any

agreement or devise, to a non-member of the concerned

ICCs/IPs

is

tainted

by

the

vitiated

consent

of

the

ICCs/IPs,or

is

transferred

for

an

unconscionable

consideration or price, the transferor ICC/IP shall have

the right to redeem the same within a period not

exceeding fifteen (15) years from the date of transfer.

Section 9. Responsibilities of ICCs/IPs to their Ancestral

Domains. - ICCs/IPs occupying a duly certified ancestral

domain shall have the following responsibilities:

a. Maintain Ecological Balance- To preserve, restore, and

maintain a balanced ecology in the ancestral domain by

protecting the flora and fauna, watershed areas, and

other reserves;

b. Restore Denuded Areas- To actively initiate, undertake

and participate in the reforestation of denuded areas

and other development programs and projects subject

to just and reasonable remuneration; and

c. Observe Laws- To observe and comply with the

provisions of this Act and the rules and regulations for its

effective implementation.

Section

10.

Unauthorized

and

Unlawful

Intrusion.

-

Unauthorized and unlawful intrusion upon, or use of any

portion of the ancestral domain, or any violation of the

rights herein before enumerated, shall be punishable

under this law. Furthermore, the Government shall take

measures

to

prevent

non-ICCs/IPs

from

taking

advantage

of

the

ICCs/IPs

customs

or

lack

of

understanding of laws to secure ownership, possession

of land belonging to said ICCs/IPs.

Section 11. Recognition of Ancestral Domain Rights. - The

rights of ICCs/IPs to their ancestral domains by virtue of

Native Title shall be recognized and respected. Formal

recognition, when solicited by ICCs/IPs concerned, shall

be embodied in a Certificate of Ancestral Domain Title

(CADT), which shall recognize the title of the concerned

ICCs/IPs over the territories identified and delineated.

Section 12. Option to Secure Certificate of Title under

Commonwealth

Act

141,

as

amended,

or

the Land

Registration Act 496. - Individual members of cultural

communities,

with

respect

to

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 the immemorial or for a period of not less

than

thirty

(30)

years

immediately

preceding

the

approval of this Act 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.

For this purpose, said individually-owned ancestral lands,

which are agricultural in character and actually used for

agricultural,

residential,

pasture,

and

tree

farming

purposes, including those with a slope of eighteen

percent (18%) or more, are hereby classified as alienable

and disposable agricultural lands.

The option granted under this Section shall be exercised

within twenty (20) years from the approval of this Act.

➔

See IRR of Section 12 here

CHAPTER IV RIGHT TO SELF-GOVERNANCE

AND EMPOWERMENT

Section 13. Self-Governance. - The State recognizes the

inherent

right

of

ICCs/IPs

to

self-governance

and

self-determination and respects the integrity of their

values,

practices

and institutions. Consequently, the

State shall guarantee the right of ICCs/IPs to freely

pursue their economic, social and cultural development.

Section 14. Support for Autonomous Regions. - The State

shall

continue

to

strengthen

and

support

the

autonomous regions created under the Constitution as

they may require or need. The State shall likewise

encourage other ICCs/IPs not included or outside Muslim

Mindanao and the Cordillera to use the form and content

of their ways of life as may be compatible with the

fundamental rights defined in the Constitution of the

Republic of the Philippines and other internationally

recognized human rights.

Section

15.

Justice

System,

Conflict

Resolution

Institutions and Peace Building Processes. - The ICCs/IPs

shall have the right to use their own commonly accepted

justice systems, conflict resolution institutions, peace

building processes or mechanisms and other customary

laws and practices within their respective communities

and as may be compatible with the national legal system

and with internationally recognized human rights.

Section 16. Right to Participate in Decision -Making. -

ICCs/IPs have the right to participate fully, if they so

choose, at all levels of decision-making in matters which

may affect their rights, lives and destinies through

procedures determined by them as well as to maintain

and develop their own indigenous political structures.

© 2018 Compiled by RGL

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