NOTES ON IPRA

 IPRA Author- Senator Juan Flavier

 The IPRA was signed into law on October 29, 1997

 Landmark legislation to:

-Correct Historical Injustice

-Enforce Constitutional Mandates

-Observe International Norms

 IPRA was the manifestation of the power of parens patriae of the State. IPs are
at disadvantage to the rest of society thus they require special protection.

 Regalian Doctrine- all properties were deemed to belong to the King, therefore
IPs were stripped of their ancestral land.

 1935, no provision protecting IP, 1973’s State Policies provided some manner of
protecting IPs

 1987 Constitution recognized the right of IPs and their way of life. (Article 2,
Section 22)

 Customary Law- a body of unwritten rules, traditionally and continually

recognized, accepted and observed by the IPs
 Four Bundles of Rights Defined under IPRA

▰Right to Ancestral Domains and Lands

▰Right to Self-Governance and Empowerment
▰Right to Social Justice and Human Rights
▰Right to Cultural Integrity

 The indigenous concept of ownership generally holds that ancestral domain are
private but community property of IPs, which belong to all generations
therefore, cannot be sold, disposed or destroyed.

 They are private simply because they are not part of the public domain, owned
in common by the community and not by one particular persons.

 The State has the duty to protect the culture of IPs. This obligation must be
carried out with consideration as to their particular needs and effected without
violating their participatory rights.

 Time immemorial- period of time as far as memory can go, beyond human
memory.

 Immemorial Possession- No man living has seen the beginning and existence of
such possession was learned from the elders.
 When as far as time immemorial, the land has been held under a private claim of
ownership, it is presumed to have been held in the same way before
Spanish Conquest and never to have been a public land.

 Force Majeure, War, Displacement by force, deceit and stealth shall not affect
the possession of IPs.

 The management and conservation of ancestral domains as well as development

and control shall be vested to the IPs.

 IPRA provides a legal remedy by ensuring IPs the right to stay in their territories
with the requirement of obtaining their free and prior informed consent to effect
their relocation in case of exercise of eminent domain, in case of noncompliance
the IPs have the right to stop and suspend the project.

 IPRA provides for mandatory representation of IPs in policy making an in other

local legislative councils.

 A mining agreement is subject to the right of IPs. The law is prohibiting opening
of mining operations without prior consent from IPs.

 Possession or occupation is the basis of ownership from viewpoint of IPs with

regards to their ancestral domains.

 Distinction of Ancestral Land and Ancestral Domain

 General Rule: In absence of clear and applicable provision, customs shall be

applied but it is still must be duly proven
 Exception: IPRA provided primacy with regards to customary laws

 ICC/IPs are not descriptive of geographical groups but identifies those who
share common language, bonds, customs, tradition and other distinctive cultural
traits.

 Pursuant to the mandate of Article 12 Section 5 of the Constitution, Congress

thru IPRA created the NCIP.

 NCIP is an administrative body vested with Quasi-Judicial Powers and Quasi-

Legislative Powers.

 It is the primary government agency responsible for formulation and

implementation of policies, plans, and programs to promote and protect the
rights of IPs and recognition of ancestral domains and their rights thereto.

 According to Justice Kapunan, the Provision in the IRR does not infringe upon
the powers of control of the President but it expressly puts the NCIP under the
Office of the President

CARIÑO DOCTRINE
 KEYPOINTS IN THE OPINIONS OF THE JUSTICES

 In conflict resolutions between two IPs, it shall be applied according to

customary law first.

 In case of Non-IPs and IPs it shall be in accordance with the rule of NCIP.

 IPRA recognized the right of IPs to self-governance. They have the right to
regulate the entry of migrants within their ancestral domains.
  IPRA hastens the equalization between IPs and Non-IPs by recognizing the
unequal situation between the 2 are not inherent and that their conditions of
poverty, illiteracy and underdevelopment were brought about by Govt. neglect,
foreign colonization and discrimination.

NATIONAL COMMISSION ON INDIGENOUS PEOPLE

Nature
1. Rule Making
2. Adjudicatory
3. Primary Government Agency
DELINEATION AN RECOGNITION OF ANCESTRAL DOMAINS
 IPs shall have preference or first consideration in the award of privileges
provided by existing laws and regulation with due regards to the needs and
welfare of IPs living in the area.