RA 8371

INDIGENOUS PEOPLE’S RIGHTS ACT OF 1997 People’s Organization – private/non-profit organization which
has MEMBERS who are ICCs/IPs. REPRESENTATIVE of
An Act to recognize, protect and promote the rights of ICCs/IPs.
Indigenous Cultural Communities/Indigenous Peoples, creating a Sustainable Traditional Resource Rights – the rights of
National Commission on Indigenous Peoples, establishing ICCs/IPs to use the resources in sustainable manner.
implementing mechanisms, appropriating funds therefor, and for
other purposes. Time Immemorial – period/time (in the past) where ICCs/IPs are
considered to occupy/own a specific territory.
Ancestral Domain – (broad category) all areas generally
belonging to the IPs. Includes: Indigenous Concept of Ownership
a) Ancestral Lands • Ancestral Domains – cannot be sold,
b) Forests disposed/destroyed.
c) Residential, Commercial
d) Bodies of Water, etc. Rights to ANCESTRAL DOMAIN:
1) Right of Ownership
Ancestral Land – Lands occupied by the ICCs/IPs 2) Right to Develop Land and Natural Resources
3) Right to Stay in the Territories
Certificate of Ancestral Domain Title (CADT) – title recognizing 4) Right In Case of Displacement
the rights of possession and ownership of ICCs/IPs over their 5) Right to Regulate Entry of Migrants
ANCESTRAL DOMAIN. 6) Right to Safe and Clean Air and Water
7) Right to Claim Parts of Reservation
Certificate of Ancestral Land Title (CALT) – title recognizing the 8) Right to Resolve Conflict
rights of ICCs/IPs over their ANCESTRAL LADS.
Rights to ANCESTRAL LAND:
Communal Claims – claims of the ICCs/IPs (not as an individual 1) Right to Transfer Land/Property
but as a COMMUNITY) on their ancestral domain to protect it from 2) Right to Redemption (15 yrs from DATE OF
development/changes. TRANSFER)

Customary Laws – tradition/laws that the ICCs/IPs apply on their Responsibilities of ICCs/IPs on their ANCETSRAL DOMAIN:
tribe/community. How they organize themselves, maintain order, 1) Maintain Ecological Balance
resolve disputes, etc. 2) Restore Denuded Areas
3) Observe Laws
Free and Prior Informed Consent – before someone (esp.
government) undertake activities in areas part of the ancestral Option to Secure Certificate of Title under CA 141
domain, the ICCs/IPs must have Free and Prior Informed Consent • Individual members of the ICCs/IPs can secure title of
where the members of the ICCs/IPs decide on whether they will their land under CA 141/Act No. 496
allow the activity or not. Qualifications:
1) Occupation of 30+ years before 1997 (approval of
Indigenous Cultural Communities/Indigenous Peoples – RA 8371)
groups of people who are live in specific territories and have Classification & Characteristics of the Land:
distinct culture, language. These people resisted influence from 1) Alienable and Disposable Agricultural Lands: used
outside like colonization, etc. as residential, agricultural (including 18%+ slope)

Indigenous Political Structures – organization structure of Delineation and Recognition of ANCESTRAL DOMAINS –
ICCs/IPs’ leadership system. identification and delineation of ancestral domains shall be done in
accordance with the following procedures:
Individual Claims – claim of individual/family/clan over land and 1) Ancestral Domains Delineated Prior to this Act
rights on land (residential lots, rice terraces, paddies, etc) 2) Petition for Delineation
3) Delineation Proper
National Commission on Indigenous People (NCIP) – primary 4) Proof Required – testimony of elders, other documents
government agency that protect and promotes the rights of 5) Preparation of Maps
ICCs/IPs. Formulate the plans and policies. Issue CADT/CALT. 6) Report of Investigation and Other Documents
7) Notice and Publication
Native Title – rights to lands/domains (of the ICCs/IPs – have 8) Endorsement to NCIP
never been public lands) that occurred before Spanish 9) Turnover of Areas Within Ancestral Domains Managed
Colonization. by Other Government Agencies
10) Issuance of CADT
Non-government Organization – private, non-profit voluntary 11) Registration of CADTs
organization that deliver services to ICCs/IPs.
Punishment/Penalties
• Imprisonment: 9 months – 12 years
• Fines: 100,000 – 500,000