Gino Lopez (Group 7, 4th Reporter) II BSED Filipino GE 11 Elec: Phil.

Indigenous Community

IPRA Law: Chapters 8 – 9

CHAPTER VIII

DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS

SEC. 51. Delineation and Recognition of Ancestral Domains. – Self-delineation shall be the 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 right
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.

SEC. 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
community/ancestral domain program prior to the enactment of this law. ICCs/IPs whose
ancestral lands/ domains were officially delineated prior to the enactment of this law shall have
the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the
area without going through the process outlined hereunder;
b. Petition for Delineation. - The process of delineating a specific perimeter may be initiated by the
NCIP with the consent of the ICC/IP concerned, or through a Petition for Delineation filed with
the NCIP, by a majority of the members of the ICCs/IPs;
c. Delineation Proper. - The official delineation of ancestral domain boundaries including census of
all community members therein, shall be immediately undertaken by the Ancestral Domains
Office upon filing of the application by the ICCs/IPs concerned. Delineation will be done in
coordination with the community concerned and shall at all times include genuine involvement
and participation by the members of the communities concerned;
d. Proof Required. - Proof of Ancestral Domain Claims shall include the testimony of elders or
community under oath, and other documents directly or indirectly attesting to the possession or
occupation of the area since time immemorial by such ICCs/IPs in the concept of owners which
shall be any one (1) of the following authentic documents:

1. Written accounts of the ICCs/IPs customs and traditions; 2) Written accounts of the
ICCs/IPs political structure and institution; 3) Pictures showing long term occupation
such as those of old improvements, burial grounds, sacred places and old villages; 4)
Historical accounts, including pacts and agreements concerning boundaries entered into
by the ICCs/IPs concerned with other ICCs/IPs; 5) Survey plans and sketch maps; 6)
Anthropological data; 7) Genealogical surveys; 8) Pictures and descriptive histories
of traditional communal forests and hunting grounds; 9) Pictures and descriptive
histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces
and the like; and 10) Write-ups of names and places derived from the native dialect of
the community.
e. Preparation of Maps. - On the basis of such investigation and the findings of fact based thereon,
the Ancestral Domains Office of the NCIP shall prepare a perimeter map, complete with technical
descriptions, and a description of the natural features and landmarks embraced therein;
f. Report of Investigation and Other Documents. – A complete copy of the preliminary census and a
report of investigation, shall be prepared by the Ancestral Domains Office of the NCIP;
g. Notice and Publication. - A copy of each document, including a translation in the native language
of the ICCs/IPs concerned shall be posted in a prominent place therein for at least fifteen (15)
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days. A copy of the document shall also be posted at the local, provincial and regional offices of
the NCIP, and shall be published in a newspaper of general circulation once a week for two (2)
consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days
from date of such publication: Provided, That in areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting
shall be deemed sufficient if both newspaper and radio station are not available;
h. Endorsement to NCIP. - Within fifteen (15) days from publication, and of the inspection process,
the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action
upon a claim that is deemed to have sufficient proof. However, if the proof is deemed insufficient,
the Ancestral Domains Office shall require the submission of additional evidence: Provided, That
the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent
after inspection and verification: Provided further. That in case of rejection, the Ancestral
Domains Office shall give the applicant due notice, copy furnished all concerned, containing the
grounds for denial. The denial shall be appealable to the NCIP: Provided, furthermore, That in
cases where there are conflicting claims among ICCs/IPs on the boundaries of ancestral domain
claims, the Ancestral Domains Office shall cause the contending parties to meet and assist them
in coming up with a preliminary resolution of the conflict, without prejudice to its full
adjudication according to the section below.
i. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies. - The
Chairperson of the NCIP shall certify that the area covered is an ancestral domain. The secretaries
of the Department of Agrarian Reform, Department of Environment and Natural Resources,
Department of the Interior and Local Government, and Department of Justice, the Commissioner
of the National Development Corporation, and any other government agency claiming
jurisdiction over the area shall be notified thereof. Such notification shall terminate any legal
basis for the jurisdiction previously claimed;
j. Issuance of CADT. - ICCs/IPs whose ancestral domains have been officially delineated and
determined by the NCIP shall be issued a CADT in the name of the community concerned,
containing a list of all those identified in the census; and
k. Registration of CADTs. - The NCIP shall register issued certificates of ancestral domain titles and
certificates of ancestral lands titles before the Register of Deeds in the place where the property is
situated.
SEC. 53. Identification, Delineation and Certification of Ancestral Lands. -
a. The allocation of lands within any ancestral domain to individual or indigenous corporate (family
or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs
and traditions;
b. Individual and indigenous corporate claimants of ancestral lands which are not within ancestral
domains, may have their claims officially established by filing applications for the identification
and delineation of their claims with the Ancestral Domains Office. An individual or recognized
head of a family or clan may file such application in his behalf or in behalf of his family or clan,
respectively;
c. Proofs of such claims shall accompany the application form which shall include the testimony
under oath of elders of the community and other documents directly or indirectly attesting to the
possession or occupation of the areas since time immemorial by the individual or corporate
claimants in the concept of owners which shall be any of the authentic documents enumerated
under Sec. 52 (d) of this Act, including tax declarations and proofs of payment of taxes;
d. The Ancestral Domains Office may require from each ancestral claimant the submission of such
other documents, Sworn Statements and the like, which in its opinion, may shed light on the
veracity of the contents of the application claim;
e. Upon receipt of the applications for delineation and recognition of ancestral land claims, the
Ancestral Domains Office shall cause the publication of the application and a copy of each
document submitted including a translation in the native language of the ICCs/IPs concerned in a
prominent place therein for at least fifteen (15) days. A copy of the document shall also be posted
at the local, provincial, and regional offices of the NCIP and shall be published in a newspaper of
general circulation once a week for two (2) consecutive weeks to allow other claimants to file
opposition thereto within fifteen (15) days from the date of such publication: Provided, That in
areas where no such newspaper exists, broadcasting in a radio station will be a valid substitute:
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Provided, further, That mere posting shall be deemed sufficient if both newspapers and radio
station are not available;
f. Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and
inspect each application, and if found to be meritorious, shall cause a parcellary survey of the area
being claimed. The Ancestral Domains Office shall reject any claim that is deemed patently false
or fraudulent after inspection and verification. In case of rejection, the Ancestral Domains Office
shall give the applicant due notice, copy furnished all concerned, containing the grounds for
denial. The denial shall be appealable to the NCIP. In case of conflicting claims among individual
or indigenous corporate claimants, the Ancestral Domains Office shall cause the contending
parties to meet and assist them in coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to Sec. 62 of this Act. In all proceedings for the
identification or delineation of the ancestral domains as herein provided, the Director of Lands
shall represent the interest of the Republic of the Philippines; and
g. The Ancestral Domains Office shall prepare and submit a report on each and every application
surveyed and delineated to the NCIP, which shall, in turn, evaluate the report submitted. If the
NCIP finds such claim meritorious, it shall issue a certificate of ancestral land, declaring and
certifying the claim of each individual or corporate (family or clan) claimant over ancestral lands.
SEC. 54. Fraudulent Claims. – The Ancestral Domains Office may, upon written request from the
ICCs/IPs, review existing claims which have been fraudulently acquired by any person or community.
Any claim found to be fraudulently acquired by, and issued to; any person or community may be
cancelled by the NCIP after due notice and hearing of all parties concerned.

SEC. 55. Communal Rights. – Subject to Section 56 hereof, areas within the ancestral domains, whether
delineated or not, shall be presumed to be communally held: Provided, that communal rights under this
Act shall not be construed as co-ownership as provided in Republic Act No. 386, otherwise known as the
New Civil Code.

SEC. 56. Existing Property Rights Regimes. – Property rights within the ancestral domains already
existing and/or vested upon effectivity of this Act, shall be recognized and respected.

SEC. 57. Natural Resources within Ancestral Domains. – The ICCs/IPs shall have priority rights in the
harvesting, extraction, development or exploitation of any natural resources within the ancestral domains.
A non-member of the ICCs/IPs concerned may be allowed to take part in the development and utilization
of the natural resources for a period of not exceeding twenty-five (25) years renewable for not more than
twenty-five (25) years: Provided, That a formal and written agreement is entered into with the ICCs/IPs
concerned or that the community, pursuant to its own decision making process, has agreed to allow such
operation: Provided, finally, That the NCIP may exercise visitorial powers and take appropriate action to
safeguard the rights of the ICCs/IPs under the same contract.

SEC. 58. Environmental Considerations. – Ancestral domains or portions thereof, which are found to be
necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest
cover, or reforestation as determined by appropriate agencies with the full participation of the ICCs/IPs
concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs concerned shall
be given the responsibility to maintain, develop, protect and conserve such areas with the full and
effective assistance of government agencies. Should the ICCs/IPs decide to transfer the responsibility
over the areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in
accordance with its customary laws without prejudice to the basic requirements of existing laws on free
and prior informed consent: Provided, That the transfer shall be temporary and will ultimately revert to
the ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs
shall be displaced or relocated for the purpose enumerated under this section without the written consent
of the specific persons authorized to give consent.

SEC. 59. Certification Precondition. – All departments and other governmental agencies shall henceforth
be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into
any production-sharing agreement, without prior certification from the NCIP that the area affected does
not overlap with any ancestral domain. Such certification shall only be issued after a field-based
investigation is conducted by the Ancestral Domains Office of the area concerned: Provided, That no
certification shall be issued by the NCIP without the free and prior informed and written consent of
ICCs/IPs concerned: Provided, further, That no department, government agency or government-owned or
-controlled corporation may issue new concession, license, lease, or production sharing agreement while
there is a pending application for a CADT: Provided, finally, That the ICCs/IPs shall have the right to stop
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or suspend, in accordance with this Act, any project that has not satisfied the requirement of this
consultation process.

SEC. 60. Exemption from Taxes. – All lands certified to be ancestral domains shall be exempt from real
property taxes, special levies, and other forms of exaction except such portion of the ancestral domains as
are actually used for large-scale agriculture, commercial forest plantation and residential purposes or upon
titling by private persons: Provided, That all exactions shall be used to facilitate the development and
improvement of the ancestral domains.

SEC. 61. Temporary Requisition Powers. – Prior to the establishment of an institutional surveying
capacity whereby it can effectively fulfill its mandate, but in no case beyond three (3) years after its
creation, the NCIP is hereby authorized to request the Department of Environment and Natural Resources
(DENR) survey teams as well as other equally capable private survey teams, through a Memorandum of
Agreement (MOA), to delineate ancestral domain perimeters. The DENR Secretary shall accommodate
any such request within one (1) month of its issuance: Provided, that the Memorandum of Agreement
shall stipulate, among others, a provision for technology transfer to the NCIP.

SEC. 62. Resolution of Conflicts. – In cases of conflicting interest, where there are adverse claims within
the ancestral domains as delineated in the survey plan, and which can not be resolved, the NCIP shall hear
and decide, after notice to the proper parties, the disputes arising from the delineation of such ancestral
domains: Provided, That if the dispute is between and/or among ICCs/IPs regarding the traditional
boundaries of their respective ancestral domains, customary process shall be followed. The NCIP shall
promulgate the necessary rules and regulations to carry out its adjudicatory functions: Provided, further,
That any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any matter
pertaining to the application, implementation, enforcement and interpretation of this Act may be brought
for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy thereof.

SEC. 63. Applicable Laws. – Customary laws, traditions and practices of the ICCs/IPs of the land where
the conflict arises shall be applied first with respect to property rights, claims and ownerships, hereditary
succession and settlement of land disputes. Any doubt or ambiguity in the application and interpretation
of laws shall be resolved in favor of the ICCs/IPs.

SEC. 64. Remedial Measures. – Expropriation may be resorted to in the resolution of conflicts of interest
following the principle of the "common good." The NCIP shall take appropriate legal action for the
cancellation of officially documented titles which were acquired illegally: Provided, That such procedure
shall ensure that the rights of possessors in good faith shall be respected: Provided, further, That the
action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided,
finally, That the action for reconveyance shall be within a period of ten (10) years in accordance with
existing laws.

CHAPTER IX

JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS

SEC. 65. Primacy of Customary Laws and Practices. – When disputes involve ICCs/IPs, customary laws
and practices shall be used to resolve the dispute.
SEC. 66. Jurisdiction of the NCIP. – The NCIP, through its regional offices, shall have jurisdiction over
all claims and disputes involving rights of ICCs/IPs: Provided, however, that no such dispute shall be
brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws.
For this purpose, a certification shall be issued by the Council of Elders Leaders who participated in the
attempt to settle the dispute that the same has not been resolved, which certification shall be a condition
precedent to the filing of a petition with the NCIP.

SEC. 67. Appeals to the Court of Appeals. – Decisions of the NCIP shall be appealable to the Court of
Appeals by way of a petition for review.

SEC. 68. Execution of Decisions, Awards, Orders. – Upon expiration of the period herein provided and no
appeal is perfected by any of the contending parties, the Hearing Officer of the NCIP, on its own initiative
or upon motion by the prevailing party, shall issue a writ of execution requiring the sheriff or the proper
officer to execute final decisions, orders or awards of the Regional Hearing Officer of the NCIP.

SEC. 69. Quasi-Judicial Powers of the NCIP. – The NCIP shall have the power and authority:
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a. To promulgate rules and regulations governing the hearing and disposition of cases filed before it
as well as those pertaining to its internal functions and such rules and regulations as may be
necessary to carry out the purposes of this Act;
b. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the
attendance and testimony of witnesses or the production of such books, papers, contracts, records,
agreements and other document of similar nature as may be material to a just determination of the
matter under investigation or hearing conducted in pursuance of this Act;
c. To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefore;
and
d. To enjoin any or all acts involving or arising from any case pending before it which, if not
restrained forthwith, may cause grave or irreparable damage to any of the parties to the case or
seriously affect social or economic activity.
SEC. 70. No Restraining Order or Preliminary Injunction. – No inferior court of the Philippines shall
have jurisdiction to issue any restraining order or writ of preliminary injunction against the NCIP or any
of its duly authorized or designated offices in any case, dispute or controversy arising from, necessary to,
or interpretation of this Act and other pertinent laws relating to ICCs/IPs and ancestral domains.