Indigenous property rights arising from marriages between IPs and non-IPs shall be
governed by customary laws of the IP spouse. The non-IP spouse shall have usufructuary rights
thereto for the maintenance and support of the family.
Section 2. Right to Redemption. Transfer of ancestral lands by IPs to non-IPs attended
by vitiated consent or made for an unconscionable price shall, upon investigation and proof
thereof, be declared null and void ab initio and the transferor has the right to redeem the property
within a period of fifteen years from the date of transfer. In case of fraudulent transactions, the
redemption period shall be reckoned upon the discovery of the fraud.
Consent is deemed vitiated when given through error or mistake, violence, intimidation,
undue influence, fraud or deceit. The price is considered unconscionable when the amount
compared to the value of the property is so disproportionate as to be revolting to human
conscience.
The transferor shall exercise his right to redeem within fifteen years from date of transfer.
The NCIP shall provide, as part of its Rules of Procedures, the process for the exercise of this
right. It shall include the filing of a petition therefor stating the circumstances of vitiated consent
or unconscionable price; due notice and hearing; and the reconveyance of the property to the
transferor ICC/IP.
Section 3. Option to Secure Patents under Commonwealth Act No. 141, as Amended.
Formal recognition of native title to ancestral lands is secured through the issuance of a
Certificate of Ancestral Land Title under the Act.
Members of the ICCs/IP communities who individually own ancestral lands shall have
the option to secure Certificates of Title to such land pursuant to the provisions of
Commonwealth Act No. 141, as amended, provided such option is exercised within twenty (20)
years from approval of the Act.
Pursuant to Section 12 of the Act, all ancestral lands which have been individually owned
and actually used continuously by ICCs/IPs for a period of at least thirty (30) years for
agricultural, residential, pasture, or tree farming purposes, including those with slope of more
than eighteen (18) degrees are hereby classified as alienable and disposable agricultural lands and
may be titled in accordance with the provisions of Commonwealth Act No. 141, as amended.
Ancestral lands within ancestral domains shall remain an integral part thereof and can
only be transferred or otherwise encumbered subject to customary laws and traditions of the
community where the same is located.
Part IV. Responsibilities of ICCs/IPs to their Ancestral Domains
Section 1. Maintain Ecological Balance. Based on their indigenous and traditional
practices, ICCs/IPs shall formulate and implement their respective systems for protecting and
conserving the flora and fauna, watershed areas, sacred places and all other objects of ritual and
ecological importance in order to preserve, restore and maintain a balanced ecology within their
ancestral domains. To ensure biological diversity, sustainable indigenous agriculture shall be
encouraged while the system of mono-cropping shall be discouraged.
The ICCs/IPs shall establish their own institutions, systems and standards for
protecting their natural resources. Such standards shall consider the national standards as
minimum, without prejudice to imposing stricter standards. For this purpose, the ICCs/IPs shall
be authorized by the government, through appropriate issuance, to exercise powers to apprehend
and prosecute all persons violating environmental and natural resources laws within ancestral
domains in accordance with Section 72 of the Act.
The ICCs/IPs shall have access to all government funds earmarked for environmental
protection in relation to their domains. For this purpose, the NCIP shall negotiate and enter into
agreements with concerned agencies for the effective transfer of funds appropriated for such
purposes to the concerned indigenous peoples’ communities through the NCIP.
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