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RA 8371 - IPRA Law

Source: Mines and Geosciences Bureau
Issued by: Mines and Geosciences Bureau
Issued on: July 2010

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Overview

Republic Act No. 8371 AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

CHAPTER I. GENERAL PROVISIONS

Section 1. Short Title
Section 2. Declaration of State Policies

CHAPTER II. IDEFINITION OF TERMS

Section. 3. Definition of Terms.

CHAPTER III. RIGHTS TO ANCESTRAL DOMAINS

Section. 4. Concept of Ancestral Lands/Domains
Section. 5. Indigenous Concept of Ownership
Section. 6. Composition of Ancestral Lands/Domains
Section. 7. Rights to Ancestral Domains.
Section. 8. Rights to Ancestral Lands
Section. 9. Responsibilities of ICCs/IPs to their Ancestral Domains
Section. 10. Unauthorized and Unlawful Intrusion
Section. 11. Recognition of Ancestral Domain Rights
Section. 12. Option to Sectionure Certificate of Title Under Commonwealth Act 141, as amended, or the Land Registration Act 496.

CHAPTER IV. RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT

Section. 13. Self-Governance.
Section. 14. Support for Autonomous Regions.
Section. 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes
Section. 16. Right to Participate in Decision-Making.
Section. 17. Right to Determine and Decide Priorities for Development.
Section. 18. Tribal Barangays.
Section. 19. Role of Peoples Organizations.
Section. 20. Means for Development/Empowerment of ICCs/IPs.

CHAPTER V. SOCIAL JUSTICE AND HUMAN RIGHTS

Section. 21. Equal Protection and Non-discrimination of ICCs/IPs.
Section. 22. Rights during Armed Conflict
Section. 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment.
Section. 24. Unlawful Acts Pertaining to Employment.
Section. 25. Basic Services.
Section. 26. Women.
Section. 27. Children and Youth
Section. 28. Integrated System of Education.

CHAPTER VI. CULTURAL INTEGRITY

Section. 29. Protection of Indigenous Culture, Traditions and Institutions
Section. 30. Educational Systems.
Section. 31. Recognition of Cultural Diversity
Section. 32. Community Intellectual Rights.
Section. 33. Rights to Religious, Cultural Sites and Ceremonies.
Section. 34. Right to Indigenous Knowledge systems and Practices and to Develop own Sciences and Technologies.
Section. 35. Access to Biological and Genetic Resources
Section. 36. Sustainable Agro-Technical Development
Section. 37. Funds for Archeological and Historic Sites.

CHAPTER VII. NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

Section. 38. National Commission on Indigenous Cultural Communities/ Indigenous Peoples (NCIP).
Section. 39. Mandate
Section. 40. Composition
Section. 41. Qualifications, Tenure, Compensation.
Section. 42. Removal from Office.
Section. 43. Appointment of Commissioners.
Section. 44. Powers and Functions
Section. 45. Accessibility and Transparency
Section. 46. Offices within the NCIP
Section. 47. Other Offices.
Section. 48. Regional and Field Offices
Section. 49. Office of the Executive Director
Section. 50. Consultative Body.

CHAPTER VIII. DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS

Section. 51. Delineation and Recognition of Ancestral Domains.
Section. 52. Delineation Process.
Section. 53. Identification, Delineation and Certification of Ancestral Lands. -
Section. 54. Fraudulent Claims.
Section. 55. Communal Rights
Section. 56. Existing Property Rights Regimes.
Section. 57. Natural Resources within Ancestral Domains.
Section. 58. Environmental Considerations.
Section. 59. Certification Precondition.
Section. 60. Exemption from Taxes.
Section. 61. Temporary Requisition Powers
Section. 62. Resolution of Conflicts.
Section. 63. Applicable Laws.
Section. 64. Remedial Measures.

CHAPTER IX. JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS

Section. 65. Primacy of Customary Laws and Practices.
Section. 66. Jurisdiction of the NCIP.
Section. 67. Appeals to the Court of Appeals
Section. 68. Execution of Decisions, Awards, Orders
Section. 69. Quasi-Judicial Powers of the NCIP.
Section. 70. No Restraining Order or Preliminary Injunction.

CHAPTER X. ANCESTRAL DOMAINS FUND

Section. 71. Ancestral Domains Fund.

CHAPTER XI. PENALTIES

Section. 72. Punishable Acts and Applicable Penalties.
Section. 73. Persons Subject to Punishment.

CHAPTER XII. MERGER OF THE OFFICE FOR NORTHERN CULTURALCOMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC)

Section. 74. Merger of the ONCC/OSCC.
Section. 75. Transition Period
Section. 76. Transfer of Assets/Properties.
Section. 77. Placement Committee.

CHAPTER XIII. FINAL PROVISIONS

Section. 78. Special Provisions.
Section. 79. Appropriations.
Section. 80. Implementing Rules and Regulations
Section. 81. Saving Clause.
Section. 82. Seperability Clause.
Section. 83. Repealing Clause.
Section. 84. Effectivity.