04/02/2020
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the right to an informed and intelligent participation in the formulation
and implementation of any project, government or private, that will affect
or impact upon the ancestral domains and to receive just and fair
compensation for any damages which they may sustain as a result of the
project; and the right to effective measures by the government to
prevent any interference with, alienation and encroachment upon these
rights;"
c) Right to Stay in the Territories.-- The right to stay in the territory and
not to be removed therefrom. No ICCs/IPs will be relocated without their
free and prior informed consent, nor through any means other than
eminent domain. x x x;
d) Right in Case of Displacement.-- In case displacement occurs as a
result of natural catastrophes, the State shall endeavor to resettle the
displaced ICCs/IPs in suitable areas where they can have temporary life
support systems: x x x;
e) Right to Regulate the Entry of Migrants.-- Right to regulate the entry of
migrant settlers and organizations into their domains;
f) Right to Safe and Clean Air and Water.--For this purpose, the ICCs/IPs
shall have access to integrated systems for the management of their
inland waters and air space;
g) Right to Claim Parts of Reservations.-- The right to claim parts of the
ancestral domains which have been reserved for various purposes, except
those reserved and intended for common and public welfare and service;
h) Right to Resolve Conflict.-- Right to resolve land conflicts in accordance
with customary laws of the area where the land is located, and only in
default thereof shall the complaints be submitted to amicable settlement
and to the Courts of Justice whenever necessary."
Section 8 provides for the rights over ancestral lands:
"Sec. 8. Rights to Ancestral Lands.-- The right of ownership and
possession of the ICCs/IPs to their ancestral lands shall be recognized
and protected.
a) Right to transfer land/property.-- Such right shall include the right to
transfer land or property rights to/among members of the same ICCs/IPs,
subject to customary laws and traditions of the community concerned.
b) Right to Redemption.-- In cases where it is shown that the transfer of
land/property rights by virtue of any agreement or devise, to a nonmember of the concerned ICCs/IPs is tainted by the vitiated consent of
the ICCs/IPs, or is transferred for an unconscionable consideration or
price, the transferor ICC/IP shall have the right to redeem the same
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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