04/02/2020
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to self-governance and empowerment,[34] social justice and human rights,[35] the
right to preserve and protect their culture, traditions, institutions and community
intellectual rights, and the right to develop their own sciences and technologies.[36]
To carry out the policies of the Act, the law created the National Commission on
Indigenous Peoples (NCIP). The NCIP is an independent agency under the Office of
the President and is composed of seven (7) Commissioners belonging to ICCs/IPs
from each of the 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.[37] The NCIP took over the functions of the Office
for Northern Cultural Communities and the Office for Southern Cultural Communities
created by former President Corazon Aquino which were merged under a revitalized
structure.[38]
Disputes involving ICCs/IPs are to be resolved under customary laws and
practices. When still unresolved, the matter may be brought to the NCIP, which is
granted quasi-judicial powers.[39] The NCIP's decisions may be appealed to the
Court of Appeals by a petition for review.
Any person who violates any of the provisions of the Act such as, but not limited to,
unauthorized and/or unlawful intrusion upon ancestral lands and domains shall be
punished in accordance with customary laws or imprisoned from 9 months to 12
years and/or fined from P100,000.00 to P500,000.00 and obliged to pay damages.
[40]
A. Indigenous Peoples
The IPRA is a law dealing with a specific group of people, i.e., the Indigenous
Cultural Communities (ICCs) or the Indigenous Peoples (IPs). The term "ICCs" is
used in the 1987 Constitution while that of "IPs" is the contemporary international
language in the International Labor Organization (ILO) Convention 169[41] and the
United Nations (UN) Draft Declaration on the Rights of Indigenous Peoples.[42]
ICCs/IPs are defined by the IPRA as:
"Sec. 3 [h]. Indigenous Cultural Communities/ Indigenous Peoples-- refer
to a group of people or homogeneous societies identified by selfascription and ascription by others, who have continuously lived as
organized community on communally bounded and defined territory, and
who have, under claims of ownership since time immemorial, occupied,
possessed and utilized such territories, sharing common bonds of
language, customs, traditions and other distinctive cultural traits, or who
have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as indigenous on account of their
descent from the populations which inhabited the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous
religions and cultures, or the establishment of present state boundaries,
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