05/02/2020 R.A. 6766 Communal or tribal ownership is exercised by a group of people belonging to a definite indigenous cultural community, ili or village. Lands in the actual, open, notorious, and uninterrupted possession and occupation by an indigenous cultural community for at least thirty (30) years are ancestral lands. Section 3. The constructive or traditional possession of lands and resources by an indigenous cultural community may also be recognized subject to confirmation by a competent tribunal, the petition for which shall be instituted within a period of ten (10) years from the effectivity of this Act. The procedure for such confirmation of imperfect titles under existing laws shall, as far as practicable, apply to the confirmation of titles to ancestral lands. The foregoing provisions notwithstanding, titles secured under the Torrens system, and rights already vested under the provisions of existing laws shall be respected. Section 4. Upon the identification and demarcation of ancestral lands, including those within town site reservations in the area of autonomy, the appropriate land agency of the Regional government shall issue titles over ancestral lands to communities or tribes. Section 5. Subject to the Constitution and national law, the Cordillera Assembly shall pass, within a period of ten (10) years from its organization, laws relating to customary tenure of land and communal property including the rights and usage's connected thereto. Such legislation on ancestral domain and the lands therein shall embody the customs of the indigenous community and prescribe the extent and the manner in which dispositions of lands may be made. Section 6. The Regional Government shall require corporations, companies and other entities within the ancestral domain of the indigenous cultural communities whose operations adversely affect the ecological balance to take the necessary preventive measures and safeguards in order to maintain such a balance. Section 7. Unless authorized by the Cordillera Assembly, lands of the ancestral domain titled to or owned by an indigenous cultural community shall not be disposed of to non-members. Section 8. No portion of the ancestral domain shall be open to resettlement by non-members of the indigenous cultural communities. Section 9. Nothing in this Act shall authorize any person to enter or occupy by force or other unlawful means, any portion of the Autonomous Region under the guise that the same forms part of the ancestral domain. Section 10. The ancient rice terraces in the Cordilleras are hereby declared as national treasures and part of the national heritage of the cultural communities in the area as well as the Filipino people. ARTICLE XII Patrimony, Economy and Development Section 1. The Regional Government shall initiate, stimulate, facilitate, support and catalyze development in the region. Section 2. Development in the Autonomous Region shall be people-oriented. Under the peculiar circumstances of their respective environments, the people of the Cordilleras shall be empowered through their government's programs to participate actively and substantially in their own development. Section 3. The formulation and implementation of development programs in the Cordilleras shall, among other things, address the following concerns: (a) Delineation, protection and development of watersheds, parks, and other reservations that are declared by competent authorities as critical to the survival of the Cordillera communities and declaration of such areas as inalienable; (b) Respect for indigenous concepts, processes and institutions as bases of development; (c) The need for development strategies to meet disparities in natural resource endowments among communities. These include the need for programs that enhance physical, economic, and social mobility of the people of the Cordilleras; (d) The need for cooperative organizations and similar institutions as instruments for democratizing ownership and management of public utilities; (e) Urban land reform to minimize the problem of inadequate housing and congestion with its attendant social problems; (f) Development and use of appropriate technology based on indigenous conservation practices; and (g) Diffusion of the ownership of enterprises and the benefits of development. Section 4. Except for strategic minerals such as uranium and others as may be defined by national law, the control and supervision over the exploration, utilization and development of the natural resources of the Autonomous Region is hereby delegated to the Regional Government in accordance with the Constitution and national laws. The Cordillera Assembly shall have the authority to grant franchises and concessions, however, the Cordillera Governor may, by regional law, be authorized to grant leases, permits and licenses: Provided, That any lease permit, franchise or concession shall cover an area not exceeding the limits allowed by the Constitution and shall subsist for a period not exceeding twenty-five (25) years: Provided, further, That existing leases, permits, licenses, franchises and concessions shall be respected until their expiration unless legally terminated as provided by law: and Provided, finally, That when the natural resources are located within the ancestral domain, the permit, license, franchise or concession, shall be approved by the Cordillera Assembly after consultation with the cultural community concerned. Section 5. Consistent with the Constitution, national laws and national policies, the Autonomous Region may enact laws pertaining to the natural resources of the region. Such legislative authority may relate to mineral, energy and forestry resources management. Nothing herein, however, shall be construed as authorizing the Regional Government to require lesser standards concerning the protection, conservation, enhancement, fiscal and regulatory licensing of the natural resources than those required by the National Government. Section 6. Subject to Section 5 hereof, the Cordillera Assembly shall, as a matter of priority, regulate the extraction and processing of mineral and non-mineral resources in the region to protect the ecosystem, including setting limitations on open pit mining and similar methods. Section 7. The exploration, development and utilization of natural resources, except those enumerated in the first paragraph of Section 4 hereof, shall be allowed to all Filipinos and to private enterprises, including corporations, associations, cooperatives and such other similar collective organizations with at least sixty percent (60%) of their https://www.lawphil.net/statutes/repacts/ra1989/ra_6766_1989.html 8/14