Article 138p. 138

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

appointed

specifically

from

each

of

the

following

ethnographic areas: Region I and the Cordilleras; Region

II; the rest of Luzon; Island Groups including Mindoro,

Palawan, Romblon, Panay and the rest of the Visayas;

Northern and Western Mindanao; Southern and Eastern

Mindanao; and Central Mindanao: Provided, That at least

two (2) of the seven (7) Commissioners shall be women.

Section 41. Qualifications, Tenure, Compensation. - The

Chairperson and the six (6) Commissioners must be

natural born Filipino citizens, bonafide members of

ICCs/IPs as certified by his/her tribe, experienced in

ethnic affairs and who have worked for at least ten (10)

years with an ICC/IP community and/or any government

agency involved in ICC/IP, at least 35 years of age at the

time of appointment, and must be of proven honesty

and integrity: Provided, That at least two (2) of the seven

(7)

Commissioners

shall

be

the

members

of

the

Philippine Bar: Provided, further, That the members of

the NCIP shall hold office for a period of three (3) years,

and may be subject to re-appointment for another term:

Provided, furthermore, That no person shall serve for

more than two (2) terms. Appointment to any vacancy

shall only be for the unexpired term of the predecessor

and

in

no

case

shall

a

member

be appointed or

designated in a temporary or acting capacity: Provided,

finally, That the Chairperson and the Commissioners

shall be entitled to compensation in accordance with the

Salary Standardization Law.

Section 42. Removal from Office. - Any member of the

NCIP may be removed from office by the President, on

his own initiative or upon recommendation by any

indigenous community, before the expiration of his term

for

cause

and

after

complying

with

due

process

requirement of law.

Section

43.

Appointment

of

Commissioners.

-

The

President shall appoint the seven (7) Commissioners of

the NCIP within ninety (90) days from the effectivity of

this Act.

Section 44. Powers and Functions. - To accomplish its

mandate, the NCIP shall have the following powers,

jurisdiction and function:

a) To serve as the primary government agency through

which ICCs/IPs can seek government assistance and as

the medium, thorough which such assistance may be

extended;

b) To review and assess the conditions of ICCs/IPs

including existing laws and policies pertinent thereto

and to propose relevant laws and policies to address

their role in national development;

c) To formulate and implement policies, plans, programs

and

projects

for

the

economic,

social and cultural

development

of

the

ICCs/IPs

and

to

monitor

the

implementation thereof;

d) To request and engage the services and support of

experts from other agencies of government or employ

private experts and consultants as may be required in

the pursuit of its objectives;

e) To issue certificate of ancestral land/domain title;

f) Subject to existing laws, to enter into contracts,

agreements,

or

arrangement,

with

government

or

private agencies or entities as may be necessary to attain

the objectives of this Act, and subject to the approval of

the President, to obtain loans from government lending

institutions and other lending institutions to finance its

programs;

g)

To

negotiate

for

funds

and

to

accept

grants,

donations, gifts and/or properties in whatever form and

from whatever source, local and international, subject to

the approval of the President of the Philippines, for the

benefit

of

ICCs/IPs

and

administer

the

same

in

accordance with the terms thereof; or in the absence of

any condition, in such manner consistent with the

interest of ICCs/IPs as well as existing laws;

h) To coordinate development programs and projects for

the advancement of the ICCs/IPs and to oversee the

proper implementation thereof;

i) To convene periodic conventions or assemblies of IPs

to review, assess as well as propose policies or plans;

j) To advise the President of the Philippines on all

matters relating to the ICCs/IPs and to submit within

sixty (60) days after the close of each calendar year, a

report of its operations and achievements;

k)

To

submit

to

Congress

appropriate

legislative

proposals intended to carry out the policies under this

Act;

l) To prepare and submit the appropriate budget to the

Office of the President;

m) To issue appropriate certification as a pre-condition

to the grant of permit, lease, grant, or any other similar

authority for the disposition, utilization, management

and appropriation by any private individual, corporate

entity

or

any

government

agency,

corporation

or

subdivision

thereof

on

any

part

or

portion

of the

ancestral

domain

taking

into

consideration

the

consensus approval of the ICCs/IPs concerned;

n) To decide all appeals from the decisions and acts of all

the various offices within the Commission:

o) To promulgate the necessary rules and regulations for

the implementation of this Act;

p) To exercise such other powers and functions as may

be directed by the President of the Republic of the

Philippines; and

q) To represent the Philippine ICCs/IPs in all international

conferences and conventions dealing with indigenous

peoples and other related concerns.

➔

See Revised Guidelines for FPIC and

Issuance of Certificate Precondition here

Section 45. Accessibility and Transparency. - Subject to

such limitations as may be provided by law or by rules

and

regulations

promulgated

pursuant

thereto,

all

official records, documents and papers pertaining to

official acts, transactions or decisions, as well as research

data

used

as

basis

for

policy

development of the

Commission shall be made accessible to the public.

Section 46. Officers within the NCIP. - The NCIP shall

have the following offices which shall be responsible for

the implementation of the policies herein after provided:

a. Ancestral Domains Office - The Ancestral Domain

Office

shall

be

responsible

for

the

identification,

delineation and recognition of ancestral land/domains. It

shall

also

be

responsible

for

the

management

of

ancestral lands/domains in accordance with the master

plans as well as the implementation of the ancestral

domain rights of the ICCs/IPs as provided in Chapter III of

this Act. It shall also issue, upon the free and prior

informed

consent

of

the

ICCs/IPs

concerned,

certification prior to the grant of any license, lease or

permit for the exploitation of natural resources affecting

the interests of ICCs/IPs in protecting the territorial

integrity

of

all

ancestral

domains.

It

shall

likewise

perform such other functions as the Commission may

deem appropriate and necessary;

© 2018 Compiled by RGL

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