May 09, 2007
JOINT DENR-NCIP MEMORANDUM CIRCULAR
No. 2007 – 01
SUBJECT
:
MANAGEMENT OF OVERLAPPING
PROTECTED
AREAS AND/OR THEIR BUFFER ZONES AND
ANCESTRAL DOMAINS/ LANDS
Pursuant to Section 13 of RA No. 7586, otherwise known as the National Integrated
Protected Areas System (NIPAS) Act of 1992, Section 58 of RA No. 8371 or the
Indigenous People’s Rights Act (IPRA) of 1997, and Section 6 of the Joint DENRNCIP Memorandum Circular No. 2003-01 on the Harmonization of the
Implementation of the Indigenous Peoples’ Rights Act (IPRA) and Environment and
Natural Resources (ENR) Laws and Policies, the following guidelines is hereby
promulgated:
Section 1. Basic Policy. It is the policy of the State to protect and advance the rights
of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature as well as to protect the rights of the Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) to their ancestral domains/lands to
ensure their economic, social and cultural well-being. State policy also recognizes
that exploration, development and utilization of all natural resources shall be under its
full control and supervision, and that ICCs/IPs have priority rights in the harvesting,
extraction, or development of any natural resource within their ancestral
domains/lands.
Section 2. Scope and Coverage. This Joint Memorandum Circular shall only cover
the overlapping protected areas established pursuant to the NIPAS Act and ancestral
domains/lands as defined under the IPRA.
Section 3. Objectives. This Joint Memorandum Circular aims to clarify the
management, authority and responsibilities of the NCIP and DENR in the
management of overlapping protected areas and/or their buffer zones and ancestral
domains/lands.
Section 4. Definition of Terms. For the purposes of this Joint Memorandum
Circular, the following terms shall be defined as follows:
b. Ancestral Domains - refer to 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 up to
present except when interrupted by war, force maje ure 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. It shall include
ancestral lands, forests, pasture, residential, agricultural, and other lands individually
owned whether alienable and disposable or otherwise, hunting grounds, burial
grounds, worship areas, bodies of water, mineral and other natural resources, and
lands which may no longer be exclusively occupied by ICCs/IPs but from which they
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