IPRA LAW (RA 8371)

It is declared policy of the State to recognize,

respect, promote and protect all the rights of
Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) within the Framework of the
Constitution
and national unity and
development. These rights encompass the four
(4) bundles of rights as embodied in the Republic
Act 8371, otherwise known as the Indigenous
Peoples Right Act (IPRA) of 1997, namely:

THE FOUR BUNDLES OF RIGHT

Right to Ancestral Domains

Right to Self-Governance and
Empowerment
Right to Social Justice
Right to Cultural Integrity

KEY AREAS

Understanding
Indigenousness in the
Philippine Setting
DENRs DAO 2 of 1993 Section 3. Definition
of Terms
1. Indigenous Cultural Communities - a
homogenous society identified by selfascription and ascription by others, who have
continuously lived as community on
communally bounded and defined territory,
sharing common bonds of language,
customs, traditions and other distinctive
cultural traits, and who, through resistance
to the political, social and cultural inroads of
colonization,
became
historically
differentiated from the majority of Filipinos.

Indigeniety: Legal Framework

1.
2.
3.
4.
5.
6.

Philippine Commission (1900-1910)

Commission on National Integration (1957)
1973 Constitution
General Provisions, Sec. 11. The State shall
1987 Constitution
consider the customs traditions, beliefs, and
interests of national cultural communities in
DENR DAO 2 of 1993
the formulation and implementation of state
policies. (1973 Constitution)
IPRA 1997 (RA8371)

Article II, Declaration of Principles and State

Policies, State Policies. Section 22. The State
recognizes and promotes the rights of
indigenous cultural communities within the
framework of national unity and development.
(1987 Constitution)

THE BASIC PRINCIPLES AND CONCEPTS

Self-Governance and Self Determination
The State Recognizes ICC/IP rights to selfgovernance. These include right s to invoke
customary laws, indigenous knowledge systems
and practices (IKPs), and Indigenous Political
Structure (IPs) by virtue of which they are able
to exercise and assert the four bundles of
rights.

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Self-Delineation
Is the guiding principle in the identification and
delineation of ancestral domains.

Ex. The issuance of the Certificate of Ancestral

Domain Title (CADT) and Certificate of
Ancestral Land Title (CALT) represents the
States formal recognition of the right to
possession and ownership of identified and
delineated ancestral domains and ancestral
lands)

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Ancestral Domain
Is an encompassing term that includes
land, waters and other natural resources
occupied, possessed, utilized and
devolved by customary law or inheritance
since time immemorial. These lands are
private but communal in nature where
the communal ownership extends to the
future generation of ancestral domains
owners. The AD serve as the material
bases of ICC/IP cultural integrity.
KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Cultural Integrity
As embodied in the IPRA, cultural
integrity is the ICC/IP right to preserve
and protect their culture, traditions and
institutions. These includes right to
community intellectual rights, religious
and cultural sites and ceremonies,
indigenous knowledge systems and
practices (IKSP), access to biological and
genetic resources
KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Customary Laws
Refer to the body of written and/or
unwritten rules, usages, customs and
practices traditionally and continually
recognized, accepted and observed by
respective ICCs/IPs. These laws take
primacy in cases involving ICCs/IPs and
resolution of land conflicts in ancestral
domains. (Sec. 65 Chapter IX, IPRA)
KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Existing Property Rights Regimes

Property rights within the ancestral
domains already existing or vested prior
to the effectivity of IPRA shall be
recognized and respected (Sec. 56,
Chapter VIII).
KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Participation

KEY AREAS

As a matter of policy, the State recognizes its

obligations to assure maximum ICC/IP
participation in the direction of education,
health and other services in order to render
public services more responsive to the needs
and desires of ICCs/IPs. (Sec. 1 (f), Chapter 1
IPRA). This includes ICC/IP participation in
CLUP and other planning processes in
territories where there are ancestral domains
and Indigenous Peoples

GENERAL OBJECTIVES AND OUTPUTS

Define Ancestral Domain Boundaries and Traditional Land

uses and identify their intersections with lands covered
by the CLUP
To assess the current situation of the LGUs ancestral
domains, specifically, its natural resource base/assets,
including biodiversity; condition of these assets; their
current and traditional uses and existing and potential
opportunities and threats to sustainable development.

GENERAL OBJECTIVES AND OUTPUTS

For ancestral domains without ADSDPP, to document
relevant indigenous knowledge, systems and practices
(IKSPs) on land use and zoning arrangements.
To document risks and vulnerabilities for climate change
adaptation, disaster risk management, and land use
conflicts.

Assess ICC/IP needs, problems, concerns and opportunities

for sustainable development.

EXPECTED OUTPUTS
Map of the Ancestral Domains Boundary, reflecting assets,
resources and traditional land uses, existing and
proposed.
Summary table of the AD Assets with corresponding
area/quantity.
Formulation and documentation of the ICC/IP
development framework, vision and preferred spatial
strategies and development thrust

EXPECTED OUTPUTS
Documentation of Indigenous knowledge systems
and practices (IKSP) in relation to land use and zoning
arrangements.
Stakeholders analysis, ie, the identification of
institutions, organizations, population groups and
sectors that have legitimate interests and declared
goals and positions either as key stakeholders,
primary stakeholders.

THEMATIC ARE ASSESSMENT GUIDE

Stakeholders Analysis
NCIP representative
IPS/IPO leaders or their designated representatives
IP mandatory representative, if any
Other IP leaders and sectors nominated by the NCIP and or the IPS
ADSDPP Community Working Group, in ancestral domains where
there is an existing ADSDPP or where an ADSDPP process is ongoing.
CLUP TWG

THEMATIC AREA ASSESSMENT SHALL

INCLUDE
Ancestral Domains with ADSDPPs
Ancestral Domains without ADSDPPs
Ancestral Domains that straddle two or more Municipal/City
LGUs and/or across 2 provinces
Ancestral Domains that are included in existing FLUPs
Ancestral Domains that are excluded or do not yet form part of
existing FLUPs
Ancestral Domains that do not have FLUP

COMPARATIVE LINKAGES OF CLUP, ADSDPP AND FLUP STEPS

INTERFACING CLUP WITH ADSDPP

Interfacing CLUP with ADSDPP and other plans
means,
juxtaposing
planning
frameworks,
guidelines and procedures, agency and local
government mandates, composition of technical
working groups and configuration of stakeholder
participation. Interfacing enables identification of
intersections with which to define form and
content of cooperation and complementation.

GUIDE FOR INTERFACING AND SENSITIZING CLUP TO ANCESTRAL

DOMAINS AND FLUP

WHAT THE CLUP NEEDS TO KNOW AND

CONSIDER ABOUT ANCESTRAL DOMAIN
1.Land Demarcation (Ancestral Domain Boundaries)
2.Ancestral Domain Situationer
ie. Social, economic, political and environmental/ecological
profiles, including conflict profile
- IKSPs relevant to land use planning and zoning
arrangements
- IP/AD policies and mechanisms applicable to land use and
zoning arrangements and enforcement

3. Physical/Spatial Data
a. Boundary Maps (NCIP, IPS/IPO and other
stakeholders should coordinated for the conduct of
the perimeters survey. The CLUP TWG can also
provide support for ICC/IP community Mapping and
its susceptibility to hazards

-Thematic Maps Needed

-RESOURCE ASSESSMENT
Aimed at determining the quantity, quality
and location of natural assets using valuation
criteria such as economic, cultural and social
values, biodiversity conservation and use, and
ecological services. The assessment should
also consider the effects of climate changes
and disaster risks and correspondingly, the
function of assets management in climate
change adaptation and disaster risk reductions

KEY QUESTIONS FOR QUALITATIVE ASSESSMENT

What are the available resources in the Ancestral Domain?
What is your general observation about the condition of
these resources in the last 10-20 years?
Have there been changes in the amount and quality of these
resources?
What are the possible causes of these changes

4. INDIGENOUS KNOWLEDGE SYSTEMS AND PRACTICES

4. ICC/IP Development Framework
It contains the vision, mission and aspirations,
priority development thrust, preferred strategies
of the ICC/IP communities and priority programs
and projects.

FACILITATE A SMALL GROUP DISCUSSION ON IP DEVELOPMENT

FRAMEWORK
1.Review of the resource assessment and land resource use map
2.Examine existing land use and preferred spatial strategies for the
future land use changes
3.Overlay the proposed land use changes on the AD Map
4.IPs leads in the internal legitimization of the proposed land use
change using customary procedures.
5.CLUP TWG adopts the validated IP/AD development framework
and preferred spatial strategies as relevant reference in the CLUP
preparation.

5. INSTITUTIONAL ASSESSMENT
Aims to examine existing and future programs
and projects of relevant government agencies,
local government units and NGOs that will serve
as opportunities for ICC/IP communities. The
data can be generated through various ways such
as consultations, roundtable discussions, focus
group discussions, key informant interviews or a
simple survey.

KEY QUESTIONS
1.What are the current projects that can support
ADSDPP implementation and/or the needs of ICC/IP
communities?
2.Do they have regular budget for these projects or
other activities that can support ADSDPP activities
and/or the needs of ICC/IP communities?
3.Are there mechanisms by which ICC/IP communities
can engage these institutions to avail assistance?

CONSOLIDATE THE DATA