Article 139p. 139

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

b. Office on Policy, Planning and Research - The Office

on Policy, Planning and Research shall be responsible for

the formulation of appropriate policies and programs for

ICCs/IPs such as, but not limited to, the development of a

Five-Year Master Plan for the ICCs/IPs. Such plan shall

undergo

a

process

such that every five years, the

Commission shall endeavor to assess the plan and make

ramifications

in

accordance

with

the

changing

situations.

The

Office

shall

also

undertake

the

documentation of customary law and shall establish and

maintain a Research Center that would serve as a

depository of ethnographic information for monitoring,

evaluation and policy formulation. It shall assist the

legislative branch of the national government in the

formulation

of

appropriate

legislation

benefiting

ICCs/IPs.

c. Office of Education, Culture and Health - The Office on

Culture, Education and Health shall be responsible for

the effective implementation of the education, cultural

and related rights as provided in this Act. It shall assist,

promote and support community schools, both formal

and non-formal, for the benefit of the local indigenous

community,

especially

in

areas

where

existing

educational facilities are not accessible to members of

the indigenous group. It shall administer all scholarship

programs and other educational rights intended for

ICC/IP

beneficiaries

in

coordination

with

the

Department of Education, Culture and Sports and the

Commission on Higher Education. It shall undertake,

within the limits of available appropriation, a special

program

which

includes

language

and

vocational

training, public health and family assistance program

and related subjects.

It shall also identify ICCs/IPs with potential training in

the health profession and encourage and assist them to

enroll in schools of medicine, nursing, physical therapy

and

other

allied

courses

pertaining

to

the

health

profession.

Towards this end, the NCIP shall deploy a representative

in each of the said offices who shall personally perform

the foregoing task and who shall receive complaints

from the ICCs/IPs and compel action from appropriate

agency. It shall also monitor the activities of the National

Museum

and

other

similar

government

agencies

generally intended to manage and preserve historical

and archeological artifacts of the ICCs /IPs and shall be

responsible

for

the

implementation

of

such

other

functions

as

the

NCIP

may deem appropriate and

necessary;

d.

Office

on

Socio-Economic

Services

and

Special

Concerns - The Office on Socio-Economic Services and

Special Concerns shall serve as the Office through which

the NCIP shall coordinate with pertinent government

agencies specially charged with the implementation of

various basic socio-economic services, policies, plans and

programs affecting the ICCs/IPs to ensure that the same

are properly and directly enjoyed by them. It shall also be

responsible for such other functions as the NCIP may

deem appropriate and necessary;

e. Office of Empowerment and Human Rights - The

Office of Empowerment and Human Rights shall ensure

that indigenous socio- political, cultural and economic

rights are respected and recognized. It shall ensure that

capacity

building

mechanisms

are

instituted

and

ICCs/IPs

are

afforded

every

opportunity,

if

they so

choose, to participate in all level decision-making. It shall

likewise ensure that the basic human rights, and such

other rights as the NCIP may determine, subject to

existing laws, rules and regulations are protected and

promoted;

f. Administrative Office - The Administrative Office shall

provide the NCIP with economical, efficient and effective

services

pertaining

to

personnel,

finance,

records,

equipment, security, supplies, and related services. It

shall also administer the Ancestral Domains Fund; and

g. Legal Affairs Office - There shall be a Legal Affairs

Office which shall advice the NCIP on all legal matters

concerning ICCs/IPs and which shall be responsible for

providing ICCs/IPs with legal assistance in litigation

involving

community

interest.

It

shall

conduct

preliminary investigation on the basis of complaints filed

by the ICCs/IPs against a natural or juridical person

believed to have violated ICCs/IPs rights. On the basis of

its findings, it shall initiate the filing of appropriate legal

or administrative action to the NCIP.

Section 47. Other Offices. - The NCIP shall have the

power to create additional offices as it may deem

necessary subject to existing rules and regulations.

Section 48. Regional and Field Offices. - Existing regional

and field offices shall remain to function under the

strengthened organizational structure of the NCIP. Other

field office shall be created wherever appropriate and

the staffing pattern thereof shall be determined by the

NCIP:

Provided,

That

in

provinces where there are

ICCs/IPs

but

without

field

offices,

the

NCIP

shall

establish field offices in said provinces.

Section 49. Office of the Executive Director. - The NCIP

shall create the Office of the Executive Director which

shall serve as its secretariat. The office shall be headed

by an Executive Director who shall be appointed by the

President of the Republic of the Philippines upon the

recommendation of the NCIP on a permanent basis. The

staffing pattern of the office shall be determined by the

NCIP subject to existing rules and regulations.

Section 50. Consultative Body. - A body consisting of the

traditional leaders, elders and representatives from the

women and youth sectors of the different ICCs/IPs shall

be constituted by the NCIP from the time to time to

advise it on matters relating to the problems, aspirations

and interests of the ICCs/IPs.

➔

See Rules Governing the Indigenous

Peoples Consultative Body here

CHAPTER

VIII

DELINEATION

AND

RECOGNITION OF ANCESTRAL DOMAINS

Section 51. Delineation and Recognition of Ancestral

Domains. - Self-delineation shall be guiding principle in

the identification and delineation of ancestral domains.

As such, the ICCs/IPs concerned shall have a decisive role

in

all

the

activities

pertinent

thereto.

The

Sworn

Statement of the Elders as to the Scope of the territories

and agreements/pacts made with neighboring ICCs/IPs,

if any, will be essential to the determination of these

traditional territories. The Government shall take the

necessary steps to identify lands which the ICCs/IPs

concerned traditionally occupy and guarantee effective

protection of their rights of ownership and possession

thereto. Measures shall be taken in appropriate cases to

safeguard the rights of the ICCs/IPs concerned to land

which may no longer be exclusively occupied by them,

but to which they have traditionally had access for their

subsistence

and

traditional

activities,

particularly

of

ICCs/IPs who are still nomadic and/or shifting cultivators.

Section 52. Delineation Process. - The identification and

delineation

of

ancestral

domains

shall

be

done

in

accordance with the following procedures:

a. Ancestral Domains Delineated Prior to this Act - The

provisions

hereunder

shall

not

apply

to

ancestral

domains/lands already delineated according to DENR

Administrative Order No. 2, series of 1993, nor to ancestral

lands

and

domains

delineated

under

any

other

© 2018 Compiled by RGL

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