Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007) CHAPTER II. LEGAL FRAMEWORK The policy framework governing Resettlement Action Plans for Structures and Land is derived from the Philippine Constitution, Republic Act (RA) 8974, RA 8371 or the Indigenous Peoples’ Rights Act, Environmental and Social Safeguards Policies of the financing institutions and other applicable laws. Hereunder are the various provisions and prescriptions of laws, policies and guidelines governing the operation and implementation of resettlement action plans and safeguards for indigenous peoples. A. Basic National Policy 1. Article III, Section 9: “Private property shall not be taken for public use without just compensation.” 2. Article XII, Section 5: “The State…shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. By an act of Congress, customary laws governing property rights or relations can be applied in determining the ownership and extent of ancestral domains.” Environmental and Social Services OfficeDepartment of Public Works and Highways February 2007 2