SECTION 35. Access to Biological and Genetic Resources. — Access to biological and genetic
resources and to indigenous knowledge related to the conservation, utilization and enhancement of these
resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior
informed consent of such communities, obtained in accordance with customary laws of the concerned
community.
SECTION 36. Sustainable AgroTechnical Development. — The State shall recognize the right of
ICCs/IPs to a sustainable agrotechnological development and shall formulate and implement programs of
action for its effective implementation. The State shall likewise promote the biogenetic and resource
management systems among the ICCs/IPs and shall encourage cooperation among government agencies
to ensure the successful sustainable development of ICCs/IPs.
SECTION 37. Funds for Archeological and Historical Sites. — The ICCs/IPs shall have the right to
receive from the national government all funds especially earmarked or allocated for the management and
preservation of their archeological and historical sites and artifacts with the financial and technical support of
the national government agencies.
CHAPTER VIINational Commission on Indigenous Peoples (NCIP)
SECTION 38. National Commission on Indigenous Cultural Communities/Indigenous Peoples (NCIP).
— To carry out the policies herein set forth, there shall be created the National Commission on ICCs/IPs
(NCIP), which shall be the primary government agency responsible for the formulation and implementation
of policies, plans and programs to promote and protect the rights and wellbeing of the ICCs/IPs and the
recognition of their ancestral domains as well as the rights thereto.
SECTION 39. Mandate. — The NCIP shall protect and promote the interest and wellbeing of the
ICCs/IPs with due regard to their beliefs, customs, traditions and institutions.
SECTION 40. Composition. — The NCIP shall be an independent agency under the Office of the
President and shall be composed of seven (7) Commissioners belonging to ICCs/IPs, one (1) of whom shall
be the Chairperson. The Commissioners shall be appointed by the President of the Philippines from a list of
recommendees submitted by authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall be
appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras; Region II;
the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the Visayas;
Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That
at least two (2) of the seven (7) Commissioners shall be women.
SECTION 41. Qualifications, Tenure, Compensation. — The Chairperson and the six (6)
Commissioners must be natural born Filipino citizens, bona fide members of the ICCs/IPs as certified by
his/her tribe, experienced in ethnic affairs and who have worked for at least ten (10) years with an ICC/IP
community and/or any government agency involved in ICC/IP, at least 35 years of age at the time of
appointment, and must be of proven honesty and integrity: Provided, That at least two (2) of the seven (7)
Commissioners shall be members of the Philippine Bar: Provided, further, That the members of the NCIP
shall hold office for a period of three (3) years, and may be subject to reappointment for another term:
Provided, furthermore, That no person shall serve for more than two (2) terms. Appointment to any vacancy
shall only be for the unexpired term of the predecessor and in no case shall a member be appointed or
designated in a temporary or acting capacity: Provided, finally, That the Chairperson and the Commissioners
shall be entitled to compensation in accordance with the Salary Standardization Law.