NCIP Administrative Order No.

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Series of 20___

THE GENERAL GUIDELINES ON THE ESTABLISHMENT, ACCREDITATION AND

REGULATION OF INDIGENOUS PEOPLES’ ORGANIZATIONS

This Guidelines govern the establishment, accreditation and regulation of

Indigenous Peoples’ Organizations is hereby promulgated for the effective
implementation of the provisions of the Indigenous Peoples Rights Act or RA 8371 and
for other purposes.

PART I – PRELIMINARY PROVISIONS

Section 1. Title. This Administrative Order shall be known as “The General Guidelines
on the Establishment, Accreditation and Regulation of Indigenous Peoples’
Organizations”.

Section 2. Statutory Bases.

Article XII (National Economy and Patrimony), Section 5 of the Constitution

provides that the State, subject to the provisions of the Constitution and national
development policies and programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social, and cultural well-
being. The Congress may provide for the applicability of customary laws governing
property rights and relations in determining the ownership and extent of ancestral
domain.

Article XIII (Social Justice and Human Rights), Section 15 of the Constitution
defines People's organizations as bona fide associations of citizens with
demonstrated capacity to promote the public interest and with identifiable leadership,
membership, and structure. It further provides that the State shall respect the role of
independent people's organizations to enable the people to pursue and protect, within
the democratic framework, their legitimate and collective interests and aspirations
through peaceful and lawful means. Section 16 provides that the right of the people and
their organizations to effective and reasonable participation at all levels of social,
political, and economic decision-making shall not be abridged. The State shall, by law,
facilitate the establishment of adequate consultation mechanisms.

Republic Act No. 8371 (RA 8371) otherwise known as the Indigenous Peoples
Rights Act (IPRA) of 1997 enumerates provisions on Rights to Ancestral Domains
(Chapter III), Self-Governance and Empowerment (Chapter IV), Social Justice and
Human Rights (Chapter V), and Cultural Integrity (Chapter VI) in order to implement the
promotion of the political, economic and cultural rights of the Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs);

Chapter II, Sections 3 (i) of RA 8371 defines Indigenous Political Structures (IPS)
as referring to organizational and cultural leadership systems, institutions, relationships,
patterns and processes for decision-making and participation identified and accepted by
ICCs/IPs (e.g. Council of Timuays, Bodong Holders);

Chapter II, Section 3 (n) of RA 8371, on the other hand, defines people’s
organizations as private, non-profit voluntary organizations of members of ICCs/IPs
which are accepted as representatives of such ICCs/IPs.

Chapter IV, Section 16 of RA 8371 provides that ICCs/IPs have the right to
participate fully, if they so choose, at all levels of decision-making in matters which may
affect their rights, lives, and destinies through procedures determined by them as well
as to maintain and develop their own IPS.

Section 1, Part I, Rule IV (Right to Self-Governance and Empowerment) of the

Rules and Regulations Implementing the IPRA of 1997 (IRR) provides that the
ICCs/IPs, in coordination with the Department of the Interior and Local Government,
shall formulate measures to ensure the following: (a) the socio-political structures,
systems and institutions of ICCs/IPs are strengthened; (b) the indigenous structures,
systems, and institutions are not supplanted by other forms of non-indigenous
governance; and/or (c) mechanisms that allow the interfacing of indigenous systems of
governance with the national systems are established.

Section 3. Operating Principles. The following fundamental principles in the

implementation of this Guidelines shall be recognized:

a) Self-governance and Self-determination. The inherent right of ICCs/IPs to

self-governance and self-determination includes the right to pursue their
economic, social, and cultural development; promote and protect the integrity of
their values, practices and institutions; determine, use and control their own
organizational and community leadership systems, institutions, relationships,
patterns and processes for decision- making and participation;

b) Secure Collective Rights to Domain/Land. Thedeeply rooted spiritual and

cultural bonds of ICCs/IPs to the ancestral domains/lands which they possess,
occupy and use as basic to their existence and to all their beliefs, customs,
traditions and culture;
c) Authentic Indigenous Political Leadership. The authentic indigenous political
leadershipemerging from the dynamics of customary laws and practices in the
maintenance and development of their own indigenous governance and decision-
making institutions;

d) Development with Identity. The pursuit of ICCs/IPs to their collective identity in

their economic, social and cultural development through their Ancestral Domain
Sustainable Development and Protection Plans (ADSDPP). It also embraces
preservation of cultural values and institutions; control over their own
development; and genuine consultation on all issues, programs and projects that
will affect them;

e) Sustainable Development. The ICCs/IPs, through their IPS, occupying their

ancestral domain shall preserve, restore, and maintain a balanced ecology in the
ancestral domain by protecting the flora and fauna, watershed areas, and other
reserves and to actively initiate, undertake and participate in the reforestation of
denuded areas and other development programs and projects subject to just and
reasonable remuneration;

f) Establishment ofIndigenous Peoples Organizations (IPO). The IPS shall

establish IPOs which shall have legal capacity to assist the ICCs/IPs in ensuring
their collective rights to their ancestral domains and to strengthen their political,
economic and social systems or institutions. IPOs accredited under this
Guidelines and registered by other government registering or accrediting
agencies/institutions such as the Local Government Units (LGU), Cooperative
Development Authority, and the Securities and Exchange Commission shall be
subject to verification, validation, registration or confirmation as the case may be;

g) Interfacing. The interfacing of indigenous systems of governance to the

mainstream legal and management system to effectively carry out the ICCs/IPs’
collective right to self-governance and self -determination;

h) Empowerment of Women. It shall be mandatory for the IPS and the IPO to
develop appropriate programs and projects to respond to gender issues and
concerns as these relate to the full realization and protection of women’s rights
for maximum participation in community and nation-building. The IPS shall
provide appropriate and full support to women’s groups/organizations to conduct
research and document IP women’s traditional roles in marriage, family,
community, political and economic life to determine gender issues and concerns
among ICCs/IPs.
 i) Empowerment of Children and Youth. It shall be mandatory for the IPS and
the IPO to develop appropriate programs and projects to respond to Children
and Youth issues and concerns as these relate to the full realization and
protection of Children and Youth s rights for maximum participation in
community and nation-building. The IPS shall provide appropriate and full
support to Children and Youth’s groups/organizations to conduct research and
document IP Children and Youth’s traditional and vital roles in family,
community, political and economic life to determine their physical, moral,
spiritual, intellectual and social well-being .issues and concerns among
ICCs/IPs.Towards this end, the IPS shall support all programs intended for the
development and rearing of the children and youth of ICCs/IPs for civic
efficiency and establish such mechanisms as may be necessary for the
protection of the rights of the indigenous children and youth.

Section 4. Coverage. This Guidelines shall cover all ICCs/IPs in ancestral domains and
lands; and ICCs/IPs resettled outside their ancestral domains.

Section 5. Definition of Terms. In addition to the definition of terms in the IPRA and its
IRR, the following terms, as used in this Guidelines, are defined as follows:

a. Indigenous Political Structures. It refers to organizational and cultural

leadership systems, institutions, relationships, patterns and processes for
decision-making and participation, identified and accepted by ICCs/IPs. The IPS
shall be recognized as the highest governing body with the IPO as its technical
arm;

b. Indigenous Elder/Leader- Indigenous elders/leaders emerge from the dynamics

of customary laws and practices; they evolve from a lifestyle of conscious
assertion and practice of traditional values and beliefs. Hence, they are
recognized authority on conflict resolution and peace-building processes, on
spiritual practices, rituals and ceremonials and by doing so; they possess the
attributes of wisdom and integrity. They lead and assist the community in
decision-making processes aimed at protecting and promoting the sustainable
development of their ancestral domains;

c. Technical IPO. It refers to IPOs duly registered with authorized registering

authority whose primary purpose is to provide expertise on a particular field of
the social, economic and cultural life of the ICCs/IPs, such as, but not limited to,
ancestral domain management, IP wealth management, protection and
promotion of IKSP; and
 d. Non-Technical IPO. It refers to an IPO whose primary purpose is to represent
and advance the interests of a particular sector or group of ICCs/IPs, such as
women, youth, farmers, etc., and whose members belong to the particular sector
it represents; it may be registered or unregistered.

Part II – Establishment of IPOs

Section 6. Establishment of Indigenous Peoples’ Organization. The ICCs/IPs may

establish IPOs for the protection and promotion of their social, economic, cultural and
other interests.

For purposes of establishing an IPO, the IPS of the concerned ICC/IP need not be
confirmed already by the NCIP Commission en Banc. Validation of the IPS by the NCIP
Provincial Office concerned is sufficient.

Section 7. NCIP Accreditation of IPOs. It shall be necessary for the IPO to be

accredited by the NCIP in order for it to validly represent ICCs/IPs it belongs to.

a. To be granted accreditation, the following requirements must be submitted

together with the application for accreditation:

1. Written resolution of the IPS recognizing the IPO;

2. For technical IPOs Certificate of Registration, if registered with the Securities
and Exchange Commission (SEC),Cooperative Development Authority
(CDA), Department of Labor and Employment (DOLE) and/or other
registering agency;
3. Articles of Incorporation and By-Laws, whether or not registered with the
above-mentioned registering agencies;
4. In the case of non-technical IPOs, the list of members and their respective
addresses and ICCs/IPs; and
5. Duly notarized Memorandum of Cooperation between the IPS and the IPO.

b. For IPOs already existing at the effectivity of this Guidelines, the following
additional requirements must be submitted, which shall be evaluated and
considered in granting or denying the accreditation:

1. Track record, with detailed description of accomplishments;

 2. List of seminars, workshops, trainings and other capacity development
activities attended, with corresponding dates and description of each,
attaching the corresponding Certificate of Participation;
3. Financial statements for the previous five (5) years of existence, if applicable;
and
4. Other pertinent documents.

The application for accreditation, together with the required documents, shall be filed
with the NCIP Provincial Office, which shall review and validate the application for
accreditation and recommend to the Regional Office approval or denial of said
application. Based on the report of the NCIP Provincial Office, the Regional Office shall
grant or deny accreditation of the IPO. The Regional Office shall endorse the accredited
IPOs to the OEHR.

Accredited IPOs not yet registered with the SEC or other registering agencies must be
registered within five (5) years from accreditation.

People’s organizations (POs) other than IPOs and non-government organizations

(NGOs) engaging in any activity within the ancestral domain shall not be covered by this
rule, but shall undergo the FPIC process in accordance with NCIP Administrative Order
No. 3, series of 2012.

Section 8. Validity and Renewal of Accreditation. The accreditation of non-technical

IPOs shall be valid for five (5) years. Accreditation granted to a technical IPO shall
remain valid until the IPS abolishes the IPO or withdraws its recognition of the IPO, with
notice to the NCIP, or its accreditation is cancelled under this Guidelines.

At least six (6) months but not earlier than one (1) year before the accreditation expires,
the non-technical IPO shall apply for renewal of its accreditation, in accordance with the
immediately preceding section, including the requirements in par. b thereof. In
determining whether it shall renew the accreditation, NCIP shall also evaluate the
performance of the IPO for the past years.

Section 9. Composition and Membership of IPOs. A member of the IPS may not, at
the same time, be part of a technical IPO. However, in case technical IPOs existing as
of effectivity of this Guidelines which already have in their composition members of the
IPS, said IPOs shall have one year from effectivity of this Guidelines to remove from its
composition said members of the IPS.

A technical IPO shall be composed only of member IPs of the ICC/IP-CADT holder and
included in the alpha list of CADT claimants.
In the case of a non-technical IPO, all of its members must belong to the sector
represented by said non-technical IPO. However, only IPs may become officers of the
non-technical IPO.

Section 10. Technical IPOs per Ancestral Domain. In a given ancestral domain, there
shall only be one IPO for a specific technical purpose, such as, but not limited to:

a. Ancestral domain management;

b. IP wealth management; and
c. Revitalization and strengthening of IKSPs.

Section 11. Tribal Councils Outside Ancestral Domains. Tribal councils of ICCs/IPs
not residing in ancestral domains and are representing more than one (1) ICC/IP shall
register as technical IPOs, in accordance with Section 7 hereof.

Section 12. Notice of Significant Changes. The accredited IPO shall notify the NCIP
Provincial Office concerned of any change of officers, amendments to the Articles of
Incorporation and By-Laws and such other significant changes in the IPO within fifteen
(15) days from the effectivity of said change. The NCIP Provincial Office shall then
endorse said notice to the Regional Office, which shall in turn make a quarterly report of
all notices to the OEHR for updating of records.

PART III – Functions of IPOs

Section 13. Powers, Duties and Functions of IPOs. In addition to those determined
and defined by the IPS concerned, the IPOs shall perform the following powers, duties,
and functions:

a. Protect and promote the collective interests and aspirations of the ICCs/IPs they
are representing;
b. Formulate and implement policies and programs to carry out their purposes;
c. Facilitate, lead, consolidate and harmonize all efforts relating to their specific
area of concern;
d. For technical IPOs, serve as technical arm of the IPS on their specific area of
concern;
e. Build the knowledge and capacity of its members through trainings, seminars,
workshops, etc.;
f. Respect, promote and preserve their indigenous culture, customs and traditions;
 g. Promote and integrate mainstream practices and technology that respect,
complement and enhance their indigenous culture, customs and traditions;
h. Establish partnerships and collaborate with government agencies and
instrumentalities, local government units, non-government organizations (NGOs),
and other private institutions and individuals for the implementation of relevant
programs and projects;
i. Closely coordinate with the IPS in all their plans, programs, and activities and
secure the consent or permission of the latter on matters that are traditionally
within their authority;
j. Keep updated and complete documentation and records of all its affairs and
transactions;
k. Report its activities and finances to the IPS periodically and whenever required
by the IPS and NCIP;
l. Cooperate with NCIP on activities and programs implemented by the latter
affecting them;
m. Observe and obey national and local laws and government regulations and
issuances particularly issued by NCIP; and
n. Such other functions as the IPS or the NCIP may hereafter recommend.

Section 14. IPO not to Perform the Functions of the IPS. The IPOs, or any of its
officers or members, shall not perform the functions of the IPS, except when such has
been expressly delegated in writing by the IPS in favor of the IPO for a particular and
specific purpose and period only. The IPS may not, however, delegate functions which
are traditionally within the functions of the IPS. Any such act done in violation of this rule
shall be invalid and shall not bind the IPS and the ICC/IP; NCIP and other entity in said
act.

Section 15. Honorarium of IPO Officers. The IPS may grant honorarium to officers of
IPOs. The honorarium must be reasonable, taking into consideration the financial
capacity of the IPO and the functions of the office concerned. The honorarium shall be
subject to review by the IPS and may be modified accordingly.

Part IV – Suspension and Revocation and Complaints Mechanism

Section 16.Treatment of Irregular IPOs. Technical IPOs not registered and non-
technical IPOs not recognized by IPS shall not be given due recognition and all action
done and to be done shall be considered void ab initio within the Ancestral Domain.

Acts done by IPOs not accredited by the IPS but are recognized by the IPS are valid
only insofar as they benefit the ICCs/IPs and ratified by the IPS in writing. However, any
acts done by said IPOs that are detrimental to the ICCs/IPs or incur any liability for the
ICCs/IPs shall not bind the ICCs/IPs and their ancestral domain and shall be the sole
responsibility or liability of said IPOs. The erring IPOs shall be liable to the ICCs/IPs for
any damage suffered by the ICCs/IPs or the ancestral domain.

Section 17. Grounds for Suspension and Revocation of Accreditation. In addition

to grounds as provided in the IPO internal rules and grounds for voluntary dissolution,
the NCIP Regional Office, upon recommendation of the IPS, may suspend or revoke the
accreditation of any IPO, after due investigation, based on the following grounds:

1. Unauthorized negotiation with natural or juridical persons relative to land

development, resource use, harvest and exploitation of natural resources;
2. Misrepresentation and entering into agreement or compromise with investors
without community consultation;
3. Accepting bribes such as project contracts, gifts, or donations in exchange of
favors;
4. Loss of trust and confidence of the members of the community;
5. Violation of customary processes and community collective decision-making;
6. Misuse of a right or condition for its creation conferred by the IPS or as provided
by its internal rules, violation of a right of the community, or commission of acts
against customary laws;
7. When the continuance of the IPO will not work to the best interest of the ICCs/IPs
on the basis of findings and recommendations of the conflict mechanism system
under the IPS;
8. When the IPO is guilty of fraud which violates the collective interest of the
community;
9. Refusal or defiance of the IPO to comply with an order of the IPS restraining its
commission of acts which will amount to grave violation of interests of the
community;
10. When it has offended against a provision or condition provided by the IPS for its
creation;
11. Violation of community protocols as provided in the ADSDPP;
12. Failure to submit reportorial requirements to the IPS and/or NCIP;
13. Violation of any provision of this Guidelines; and
14. Other grounds analogous to the foregoing.

Section 18. Complaints Mechanism. Complaints against the IPO or any of its
representatives shall be resolved in accordance with traditional conflict mechanism. If
customary mechanisms are exhausted and the conflict or dispute remains unresolved,
the aggrieved party may elevate the same to the NCIP.
 PART V – MONITORING AND EVALUATION

Section 19. Database. The NCIP, through the Regional Offices, OEHR and Office on
Policy, Planning and Research, shall establish their own mechanics of creating a
national database for IPS and registered IPOs. It shall also ensure an effective tracking,
releasing, controlling and filing of data at the Central Office.

Section 20. Reportorial Requirements. RD: Include reporting of change in

leadership/officers 15 days from said change, validated by the IPS. In addition to the
reports required by the IPS, IPOs shall submit their financial reports and audited
financial statements to the IPS and the NCIP Provincial Office, to wit:

a) Quarterly financial report – 15 days after the end of the quarter;

b) Annual Financial Report -- First working day of February of the following year;
c) Audited Annual Financial Report, when the same is also required by the Bureau
of Internal Revenue – First working day of April of the following year or 15 days
after end of the auditing activity;
d) Other Reports as may be required by the IPS and NCIP.

NCIP Provincial Office shall ensure that copy of this report is submitted to the NCIP
Regional Office within 5 days upon receipt of the above reports.

Section 21. Monitoring and Evaluation of IPOs. The Office of Empowerment and
Human Rights (OEHR) and the Regional Offices shall closely coordinate to establish a
quarterly monitoring and evaluation mechanism for the implementation and
enhancement of this Guidelines.

In the exercise of its mandate to protect the well-being and promote the rights of
ICCs/IPs, the NCIP may direct financial and management audits of IPOs managing
royalties and other benefits or exercise its visitorial powers as provided for by law.

Section 22. Violations Penalized Under IPRA. Violation of any of the provisions in this
Guidelines shall be penalized in accordance with Section 72 of IPRA.

Part IV – Final Provisions

Section 23. Separability Clause. In case any clause, sentence, section or provision of
this Guidelines or any portion hereof is declared unconstitutional or invalid by a
competent court, the other sections or provisions hereof which are not affected by such
issuance shall continue to be in full force and effect.

Section 24. Effectivity. This Administrative Order shall take effect fifteen (15) days
after its last publication in a newspaper of general circulation or registration in the Office
of the National Administrative Registrar, U.P. Law Center, Diliman, Quezon City,
Philippines.