FOURTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES
1
First Regular Session
1
9 JUL -2
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SENATE
S. No.
417
Introduced by Senator Jinggoy Ejercito Estrada
EXPLANATORY NOTE
The 1987 Constitution has very wisely given the highest priority to the
protection and promotion of the rights of indigenous cultural communities to
ensure their economic, social and cultural well-being.
Thus, in its declaration of principles and state policies, the Constitution
in Article 11, Section 22, provides that “(t)he State recognizes and promotes
the rights of indigenous cultural communities within the framework of national
unity and development.” In its article on the national economy and
patrimony, the Constitution in Article XII, Section 5 provides that “the State x
x x shall protect the rights of indigenous cultural communities to their
ancestral lands” and expressly authorizes Congress to provide ”for the
applicability of the customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain.” In its provisions
on education, science and technology, arts, culture, and sports, the Article
XIV, Section 17 of the Constitution provides that “(t)he State shall recognize,
respect and protect the rights of indigenous cultural communities to preserve
and develop their cultures, traditions and institutions” and “shall consider
their rights in the formulation of national plans and policies.”
In light of the above provisions, it is imperative that the government
should adopt policies and programs for indigenous cultural communities. But
to ensure that these policies and programs are based on facts and an
enlightened judgment, it is necessary to have a continuing in-depth study of
the indigenous cultural communities, who should also participate in such
study. This is the reason for the proposed creation of a center for studies on
indigenous cultural communities.
In view of the foregoing considerations, the approval of this bill is
earnestly requested.