WRITTEN PAPER

Presented to
JAHARAH BANTUA, RSW
Faculty of the Department of Social Work
Jamiatul Philippine Al-Islamia
Marawi City

In partial fulfillment of the Requirements for the Course

G.E. 9 (PHILIPPINE INDIGENOUS COMMUNITIES)
S.Y 2024

Presented by:
DIDA-AGUN, WAHIDA P.
H.YASSER, SITTIE NOR-ASMINAH
SANGCOAN, ALJOMEN
SUMAGUINA, SODIAS

MARC 13, 2024

 GROUP OF IPRA AND NCIP

The Indigenous Peoples' Rights Act (IPRA) is a law enacted in the Philippines,
primarily designed to recognize and protect the rights of indigenous peoples (IPs) or
indigenous cultural communities (ICCs) residing in the country. It applies to various
ethnic groups, including but not limited to the Lumad, Igorot, Mangyan, and Aeta.
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.
The IPRA was signed into law by President Fidel V. Ramos on October 29, 1997,
making it a significant milestone in the recognition and protection of indigenous peoples'
rights in the Philippines.
Landmark legislation to:
- Correct Historical Injustice
- Enforce Constitutional Mandates
- Observe International Norms
Problems of IPs:
- Companies exploiting their lands without consent; MINING
- destruction of their forests and homes
- social discrimination
- lack of government support
- lack of opportunity to quality education and health units

Four Bundles of Rights Defined under IPRA

1. Right to Ancestral Domains and Lands

Ownership; Develop & manage lands & natural resources; Stay in territories;
Rights in case of displacement; Regulate entry of migrants; Claim reservations; Right to
safe & clean air & water; Resolve conflict through customary law; To transfer ancestral
lands; To redeem ancestral lands lost through vitiated consent. Note: Ancestral domains/
lands are beyond the scope of the regalian doctrine (Jura Regalia)

Native Title - refers to pre-conquest rights to lands and domains which, as far back as
memory reaches, have been held under a claim of private ownership by ICCs/IPs, have
never been public lands and are thus indisputably presumed to have been held that way
since before the Spanish Conquest (Section 3l, RA 8371)
Ancestral Domains - all areas generally belonging to ICCs/IPs comprising lands, inland
waters, coastal areas, and natural resources therein, held under a claim of ownership,
occupied or possessed by ICCs/IPs, by themselves or through their ancestors,
communally or individually since time immemorial, continuously to the present except
when interrupted by war, force majeure or displacement by force, deceit, stealth or as a
consequence of government projects or any other voluntary dealings entered into by
government and private individuals/corporations, and which are necessary to ensure their
economic, social and cultural welfare. xxx xxx (Section 3a, RA 8371).
Ancestral Lands- land occupied, possessed and utilized by individuals, families and
clans who are members of the ICCs/IPs since time immemorial, by themselves or through
their predecessors-in-interest, under claims of individual or traditional group ownership,
continuously, to the present (Section 3b, RA 8371)

* ADs/ALs cover not only the physical environment but the total environment including
the spiritual and cultural bonds to the areas.
* ADs are private but community property; cannot be sold, disposed or destroyed.
2.Right to Self-Governance and Empowerment
Freely pursue economic, social & cultural well-being; Free Prior Informed
Consent in use of resources therein; Use commonly accepted justice system/conflict
resolution institutions/peace building processes/customary laws; Participate in decision-
making that may affect them; Mandatory representation in policy-making bodies & local
legislative councils; Determine their own priorities; Organize; Granted means to fully
develop their institutions & initiative.
3. Social Justice & Human Rights
 Equal protection & non-discrimination
 Rights during armed conflict
 Equal opportunity & treatment
 Basic services
 Protection to women, children & youth
 Integrated system of education
4. Right to Cultural Integrity
 Protection of culture, traditions and institutions. These must be considered in the
formulation and application of national plans and policies;
 Access to cultural opportunities
 Recognition of cultural diversity
 Practice & revitalize their customs & traditions & the state must protect
manifestations thereof
 Religious, cultural sites & ceremonies; funds for archaeological & historical sites
 Ownership and recognition of cultural and intellectual rights [IKSP]
 National Commission on Indigenous Peoples

The National Commission on Indigenous Peoples (NCIP) is the agency of the national
government of the Philippines that is responsible for protecting the rights of the
indigenous peoples of the Philippines. The commission is composed of seven
commissioners. It is attached to the Department of Social Welfare and Development.
The NCIP was established through Republic Act No. 8371, also known as the
Indigenous Peoples Rights Act (IPRA) of 1997.
Mandate
The NCIP shall protect and promote the interest and well-being of indigenous
peoples with due regard to their:
 Beliefs
 Customs
 Traditions, and
 Institutions
Agency Overview
Formed October 22, 1997
Headquarters Quezon City, Philippines
Annual Budget P 1.11 billion (2020)
Agency executive Jennifer Pia “Limpayen” Sibug-Las, Chairperson
Parent Agency Department of Social Welfare and Development

There some of the key programs included:

1.Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)
2.Certificate of Ancestral Domain Title (CADT) Process
3.Free and Prior Informed Consent (FPIC) Process
4.Cultural Heritage Programs
5.Educational Assistance and Advocacy
6.Health care Initiatives
MAJOR FUNCTIONS
1. Administrative/Executive – to implement/ operationalize RA 8371
2. Quasi-Judicial – to construe and apply the law on cases brought within its jurisdiction.
Appeal from its decision maybe brought to the Court of Appeals.
3. Quasi-Legislative – for the efficient, effective and economical implementation of the
law
NCIP PROGRAMS
 Policy Services
The Policy Services division of the NCIP in the Philippines is primarily tasked
with developing and implementing policies that safeguard the rights and welfare of
indigenous peoples (IPs) in the country.
These Policies are designed to address the unique needs and ensure their inclusion
in national development plans and initiatives.
1.Policy Formulation
2.Legal Assistance
3.Capacity Building
4.Advocacy and Awareness-Raising
5.Monitoring and Evaluation
 Ancestral Domain / Land Titling Services
Ancestral domain and Land titling services in the Philippines pertain to the legal
processes through which indigenous communities can secure rights to the ancestral land.
These services are vital for indigenous peoples as they seek recognition and
protection of their territories, cultural heritage, and traditional way of life.
1.Ancestral Domain Recognition
2.Land Titling Services
3.Consultation and Free, Prior, and Informed Consent (FPIC)
4.Legal Assistance
 Indigenous Peoples Rights Protection Services
Indigenous Peoples Rights Protection Services in the Philippines encompasses a
range of measures aimed to safeguarding the rights, well-being, and cultural heritage of
indigenous communities.
The NCIP plays a key role in overseeing and implementing these services, guided
by the Indigenous Peoples Rights Act (IPRA) of 1997.
1.Legal Assistance and Advocacy
2.Cultural Preservation
3.Community Empowerment
4.Social Justice Initiatives
5.Conflict Resolution
6.Education Awareness
7.Partnerships and Collaboration
 Human, Economic and Environmental Development and Protection Services
The NCIP in the Philippines is actively involved in promoting holistic
development and protection in the realms of human, economic, and environmental
aspects for indigenous communities.
The Human, Economic and Environmental Development and Protection Services
offered by the NCIP encompass various initiatives to improve the overall well-being of
indigenous peoples.
1.Human Development
- Education Programs, Health Services
2.Economic Development
- Livelihood Programs, Skills Training
3. Environmental Protection
- Natural Resource Management, Land Stewardship
4. Infrastructure Development
- Basic Infrastructure Projects, Housing Programs
5. Cultural Heritage Preservation
- Cultural Promotion Initiatives, Language Preservation
6. Legal Assistance and Rights Protection
- Legal Aid Services, Rights Awareness Programs
7. Community Building for Local Governance
- Participatory Decision Making, Capacity Building for Local Governance

The Current Issues Specifically Related To Indigenous Peoples In Mindanao:

1. Indigenous Communities: Indigenous Communities in Mindanao face various

challenges, including displacement due to militarization, tribal conflicts, and large-scale
development projects. Many Indigenous women who migrate to cities in search of
employment often face poverty and exclusion.
2. Conflict and Violent: The long-running conflict between the military and the New
People's Army (NPA) in Mindanao has had devastating impacts on the Lumad people,
resulting in displacement, extrajudicial killings, and torture. President Duterte’s
Administration has been accused of continuing these killings despite calls for an end.
3. Peace Process: Efforts for peace negotiations with the National Democratic Front of
the Philippines (NDFP) have faced challenges. While there have been talks and
ceasefires, the negotiations collapsed, and localized peace talks have led to some
surrenders but uncertainty persists.
4. Islamist Insurgency: In addition to the communist rebellion, Mindanao also faces
insecurity due to extremist groups affiliated with the Moro Islamic Liberation Front
(MILF), other extremist groups operate outside the peace agreement framework.
5. Education Challenges: Lumad communities have been caught in the crossfire of the
conflict and have faced attacks on their alternative education institutes. The military has
accused these schools of promoting communist propaganda, leading to displacement and
marginalization of indigenous rights.

SOURCES:
 https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/
 http://www.ph.undp.org/content/philippines/en/home/library/
democratic_governance/FastFacts-IPs/
 https://en.m.wikipedia.org./wiki/Article:Indigenous_Peoples
%27_Rights_Act_of_1997