government agency responsible for the formulation and implementation of policies, plans and
programs to recognize, protect and promote the rights of ICCs/ IPs.
s) 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.
t)
Natural Resources. Refer to life support systems such as, but not limited to, the sea, coral
reefs, soil, lakes, rivers, streams and forests as well as useful products found therein such as
minerals, wildlife, trees and other plants, including the aesthetic attributes of scenic sites that
are not man-made.
u) Non-Government Organization (NGO). Refers to a private, non-profit voluntary
organization that has been organized primarily for the delivery of various services to the
ICCs/ IPs and has an established track record for effectiveness and acceptability in the
community where it serves.
v) Peoples’ Organization. Refers to a private, non-profit voluntary organization of members of
an ICC/IP which is accepted as representative of such ICCs/IPs.
w) Self Governance. Refers to the right of ICCs/IPs to pursue their economic, social, and
cultural development; promote and protect the integrity of their values, practices and
institutions; determine, use and control their own organizational and community leadership
systems, institutions, relationships, patterns and processes for decision making and
participation, such as, but not limited to, Council of Elders, Bodong Holders, Dap-ay, Ator,
Council of Mangkatadong, or any other body of similar nature.
x) Sustainable Traditional Resource Rights. Refer to the rights of ICCs/IPs to sustainably use,
manage, protect and conserve: a) land, air, water, and minerals; b) plants, animals and other
organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of
economic, ceremonial and aesthetic value in accordance with their indigenous knowledge,
belief systems, and practices.
y) Time Immemorial. Refers to a period of time when as far back as memory can go, certain
ICCs /IPs are known to have occupied, possessed and utilized a defined territory devolved to
them, by operation of custom law or inherited from their ancestors, in accordance with their
customs and traditions.
z) Unlawful or Unauthorized Intrusion. Refers to the occupation of lands and utilization of
resources within the ancestral domain without the consent of the IP concerned or through
invasion, violation, wrongful entry or entry by stealth or force or uninvited entrance upon the
territorial domain of another.
aa) Usurpation. Usurpation of real rights in property or occupation of real property as defined
in Article 312 of the Penal Code is committed by any person who, by means of violence
against or intimidation of persons, shall take possession of any real property belonging to
another.
RULE III : RIGHTS TO ANCESTRAL DOMAINS/LANDS
Part I. Policies and Concepts
Section. 1. Constitutional and Legal Framework. The State shall protect the rights of
ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and
shall recognize the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domains.
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