SIXTEENTH CONGRESS OF 
) 
THE REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S. B. NO. 2580 
Introduced by Senator Loren Legarda 
AN ACT PROTECTING AND STRENGTHENING THE INDIGENOUS 
COMMUNITY CONSERVED AREAS, RECOGNIZING THEIR CONTRIBUTION TO 
BIODIVERSITY CONSERVATION, ESTABLISHING FOR THE PURPOSE THE 
NATIONAL ICCA REGISTRY, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES 
EXPLANATORY NOTE 
Indigenous peoples communities have always played an important role in the 
conservation and preservation of the country's protected areas. Known as 
indigenous community conserved areas (ICCAs), these are "areas within ancestral 
domains including lakes, coastal seas, forests and watersheds imbued with deep 
spiritual and cultural values for indigenous peoples. 
A good example of an ICCA is the ancestral domain of the Tagbanuas in the 
island of Coron in Northeastern Palawan. It has been said that only traditional 
fishing is allowed in its ancestral waters considering that these are held sacred by 
the Tagbanuas. 
It is about time that the national government give due importance and recognition 
to the indigenous communities and consider them as partners in the conservation 
of the country's protected areas falling within their ancestral domains. 
For these reasons, passage of this measure is earnestly sought. 
~:-::;'--"'~ 
.. ~ ... = 
.' 
LOltEN LEGARDA 
Senator 


it 
:; t' 
SIXTEENTH CONGRESS OF 
) 
d)!hu II! ttl-' 1,1-1'nt'hlfl,J. 
THE REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
JAN 22 P2 :Hl 
SENATE 
S. B. NO. 2580 
Introduced by Senator Loren Legarda 
AN ACT PROTECTING AND STRENGTHENING THE INDIGENOUS 
COMMUNITY CONSERVED AREAS, RECOGNIZING THEIR CONTRIBUTION TO 
BIODIVERSITY CONSERVATION, ESTABLISHING FOR THE PURPOSE THE 
NATIONAL ICCA REGISTRY, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
I 
CHAPTER I 
2 
GENERAL PROVISIONS 
3 
4 
SECTION 1. Short Title - This Act shall be known as the "Indigenous Community 
5 
Conserved Areas Act of 2014". 
6 
SEC. 2. Declaration of Policy - It is the policy of the State to pursuc sustainable 
7 
development, recognition of the rights of Indigenous Cultural Communities/ 
8 
Indigenous Peoples (ICCs/IPs), biodiversity conservation, and climate change 
9 
mitigation and adaptation. Towards this end, the State adopts the principle of 
10 
protecting Key Biodiversity Areas (KBAs) and acknowledging the significant 
II 
contribution of conservation areas managed by ICC/IPs in safeguarding the 
12 
country's biodiversity as well as in national efforts to address climate change. 
13 
Consistent with the recognition and promotion of the rights of ICCs/IPs under the 
14 
Philippine Constitution. the Indigenous Peoples Rights Act of 1997 (IPRA), and 
15 
the Universal Declaration of the Rights of Indigenous Peoples (UNDRIP), the State 
16 
shall recognize and respect the designation, declaration or establishment of 
17 
Indigenous Community Conserved Areas (ICCAs) by ICC/IPs within their 
18 
ancestral domains. 
19 
As a party to the United Nations Convention on Biological Diversity (CBD). the 
20 
State shall foster the recognition and promotion of other conservation area 
21 
governance types aside from protected areas established under Republic Act No. 
22 
7586, otherwise known as the "National Integrated Protected Areas System 
23 
(NIPAS) Act of 1992" and critical habitats designated under Republic Act No. 
24 
9174. otherwise known as the "Wildlife Resources Conservation and Protection 
25 
Act", among others. 
26 
SEC 3. Guiding Principles. - In the promotion of the recognition of ICCAs, all 
27 
concerned government agencies shall be guided by the following: 
28 
a. Recognition and promotion of ICC/IP rights to their ancestral domains 


includes the full recognition of ICCAs as well as the ICC/IF's right to 
2 
maintain, protect, and regulate access and prohibit unauthorized intrusion 
3 
thereto; 
4 
b. As part of their responsibilities to their ancestral domain, ICCs/IPs shall 
5 
have priority in the management of their conservation areas and the 
6 
preservation, restoration, and maintenance of ecological balance and 
7 
biodiversity therein, with the full and effective assistance of government 
8 
agencies; 
9 
c. ICCAs shall be considered in the formulation of, and integrated in, national 
10 
and sub national policies, plans and programs in recognition and respect of 
II 
the ICC/IP's right to preserve and develop their cultures, traditions, and 
12 
institutions within the framework of national unity and development; 
13 
d. The positive contribution to biodiversity conservation of ICCAs and related 
14 
sustainable traditional indigenous forest resources management systems 
15 
and practices shall be fully acknowledged and included in the accounting 
16 
and reporting of the national implementation of CBD obligations; and 
17 
e. ICCs/IPs shall have a fair and equitable share in the commercial profits of 
18 
users of well-defined and confirmed ecosystem services provided by ICCAs, 
19 
in recognition and respect of the ICC/IP's right to benefit and share in the 
20 
profits from allocation and utilization of the natural resources found in 
21 
their ancestral domains. 
22 
SEC. 4. Definition of Tenns. - For purposes of this Act, the following terms shall 
23 
have the corresponding meanings: 
24 
(a) "Ancestral Domain Sustainable Development and Protection Plan" or 
25 
"ADSDPP' refers to the document consolidating the plans of the ICC/IP for 
26 
the sustainable management and development of the land and natural 
27 
resources as well as human resources within their ancestral domains based 
28 
on their indigenous knowledge systems and practices and on the prinCiple 
29 
of self-determination; 
30 
(b) "Biological Diversity" or "Biodiversity" refers to the variety and variability 
31 
among all living organisms and the ecological complex in which they occur; 
32 
(c) "DENR" refers to the Department of Environment and Natural Resources; 
33 
(d) "Ecosystem services" 
refer to environmental goods and regulating, 
34 
supporting, and cultural services provided by ecosystems that are directly 
35 
used to further human well-being; or benefits that people derive from an 
36 
ecosystem; 
37 
(e) "Indigenous Cultural Communities/Indigenous Peoples" refer to a group of 
38 
people or homogenous societies as defined under Republic Act No. 8371, 
39 
otherwise known as "The Indigenous Peoples Rights Act of 1997"; 
40 
(f) "Indigenous Community Conserved Areas" or 
"ICCAs" refers to natural 
41 
and/ or modified ecosystems containing significant biodiversity values, 
42 
ecological services and cultural values, voluntarily conserved by indigenous 
43 
cultural communities/indigenous peoples through customary laws or other 
44 
effective means; 
2 


1 
(g) "Key Biodiversity Areas" or "KBAs" refer to sites of global significance for 
2 
biodiversity conservation identified using globally standard criteria and 
3 
thresholds, based on the needs of biodiversity requiring safeguards at the 
4 
site scale. These criteria are based on the framework of vulnerability and 
5 
irreplaceability widely used in systematic conservation planning; 
6 
(h) "NCIP' refers to the National Commission on Indigenous Peoples; 
7 
(i) "National ICCA Registry" refers to the database maintained by jointly by the 
8 
NCIP and the DENR containing qualitative, quantitative and spatial data on 
9 
ICCAs as provided by ICCs/IPs themselves; 
10 
(j) "Protected Areas" refer to identified portions of land and water set aside by 
I I 
reason of their unique physical and biological significance, managed to 
12 
enhance biological diversity and protected against destructive human 
13 
exploitation and included as a component of the National Integrated 
14 
Protected Area System (NIPAS); 
15 
(k) "Sustainable Traditional Indigenous Forest Resources Management Systems 
16 
and Practices" or "STIFRMSP' refer to those systems and practices of ICCs/ 
17 
IPS formally recognized, registered and confirmed jointly by the DENR and 
18 
the NCIP that were duly verified and found to be the sustainable forest 
19 
management system and practice in the forest/watershed area within the 
20 
ancestral domain/land of the concerned ICC/IP; 
21 
(I) "Sustainable Traditional Resource Rights" refer to the rights of ICCs/IPs to 
22 
sustainably use, manage, protect and conserve a) land, air, water, and 
23 
minerals; b) plants, animals and other organisms; c) collecting, fishing and 
24 
hunting grounds; d) sacred sites; and e) other areas of economic, 
25 
ceremonial and aesthetic value in accordance with their indigenous 
26 
knowledge, beliefs, systems and practices; 
27 
28 
CHAPTER II 
29 
INDIGENOUS COMMUNITY CONSERVED AREAS 
30 
31 
32 
SEC. 5. Recognition of ICCAs.- ICCAs shall be respected as an exercise by the 
33 
ICC/IP of their ancestral domain rights as well as of their sustainable traditional 
34 
resource rights. ICCAs shall be accorded special protection and full recognition by 
35 
all national and local government agencies. Except for ICCA documentation and 
36 
mapping and biodiversity conservation-related activities involving the full 
37 
participation of the concerned ICC/IP, the requirements for free and prior 
38 
informed consent (FPIC) shall be strictly followed for all other allowable activities 
39 
within ICCAs. 
40 
SEC. 6. Protection/Privileges of ICCAs. -
ICCAs shall be closed to mining and 
41 
other destructive forms of natural resource exploration, development and 
42 
utilization. These activities shall likewise be not allowed outside the ICCAs if it 
43 
will adversely impact the ICCA. 
44 
SEC. 7. Zones. - ICCs/IPs may establish zones within their ICCAs and provide for 
45 
the management and use for such zones in accordance with their customary 
46 
laws, traditions, customs or practices. 
47 
SEC. 8. ICCAs in Key Biodiversity Areas. - ICCAs within or encompassing KBAs 
48 
shall be maintained, managed and sustainably developed in a manner consistent 
49 
with conservation of the biodiversity found therein. As habitats or threatened 
3 


I 
species of Philippine wildlife, KBAs are environmentally critical areas (ECAs) in 
2 
the context of the Philippine Environmental Impact Statement System. KBAs 
3 
shall be those identified by the Philippine Biodiversity Conservation Priority 
4 
Setting Program and its iterations as updated by the DENR in consultation with 
5 
other concerned government agencies, the academe, private sector and civil 
6 
society. 
7 
SEC. 9. Respect for the names and designations made by the ICC/ IP. - Place 
8 
names and designations of ICCAs in the native dialect of the ICCs/IPs shall be 
9 
accorded respect. 
10 
CHAPTER III 
II 
REGISTRATION AND MAINSTREAMING OF ICCAS 
12 
13 
SEC. 10. National ICCA Registry.- To ensure the availability of official information 
14 
on ICCAs, there is hereby established a centralized information management 
15 
system to be known as the National ICCA Registry. The National ICCA Registry 
16 
shall contain records of all pertinent information voluntarily submitted by the 
17 
concerned ICC/IP regarding their respective ICCAs. 
18 
SEC. 11. Implementing Arrangements and Operational Structures. - The NCIP and 
19 
the DENR, in consultation and coordination with ICCs/IPs, shall lead in the 
20 
establishment of the National ICCA Registry and shall be jointly responsible for 
21 
its management and maintenance: Provided, That all information and data in the 
22 
National ICCA Registry shall be owned by the ICC/IP providing such information 
23 
and data as part of their community intellectual property rights. 
24 
SEC. 12. Inclusion in the Comprehensive Land Use Plans and Forest Land Use 
25 
Plans.-ICCAs recorded in the National ICCA Registry shall be included and duly 
26 
reflected in the Comprehensive Land Use Plan (CLUP) of the concerned local 
27 
government unit (LGU). National government agencies shall likewise ensure that 
28 
the ICCAs are recognized in land use plans covering lands of the public domain. 
29 
SEC. 13. Procedure for formal recognition and listing of ICCAs. - Within six (6) 
30 
months from the effectivity of this Act, the NCIP and the DENR, in consultation 
31 
with the ICCs/IPs, shall jointly issue the procedural rules and regulations for the 
32 
recording and listing of ICCAs in the National ICCA Registry. The procedure shall 
33 
provide guidelines for the documentation and mapping of ICCAs by the ICCAs 
34 
themselves or with the assistance of government and non-government entities at 
35 
the option of the ICC/IP. It shall also provide for the incorporation of ICCA in the 
36 
Ancestral Domain Sustainable Development and Protection Plan (ADSDPP). 
37 
38 
CHAPTER IV 
39 
ROLE OF GOVERNMENT AGENCIES 
40 
41 
42 
SEC. 14. Role of the NCfP.- The NCIP shall be the primary government agency 
43 
responsible for the full implementation of this Act and shall protect and promote 
44 
the interest and well-being of the ICCs/IPs in the context of biodiversity 
45 
conservation and climate change mitigation and adaptation. The NCIP shall 
46 
convene periodic national and subnational conventions of ICCs/IPs, government 
47 
agencies, private sector and civil society organizations to review, assess as well as 
48 
propose policies or plans to further promote ICCAs. It shall also ensure that ICCA 
49 
concerns and issues are included and addressed in the ADSDPP of the concerned 
50 
ICC/IP. 
4 


1 
SEC. 15. Role of the DENR.- The DENR shall provide technical assistance to 
2 
requesting ICCs/IPs biodiversity assessments and survey, mapping of the ICCA. 
3 
Upon the formal request of the concerned ICC/IP, the DENR shall provide 
4 
technical assistance for the international recognition of ICCAs through their 
5 
listing or registration with the ICCA Registry, the World ICCA Database, or other 
6 
similar global platforms or networks, among others. The DENR shall likewise 
7 
provide information on the location of KBAs identified in the Philippine 
8 
Biodiversity Conservation Priority Setting Program and its iterations or updates. 
9 
SEC. 16. Role of other government agencies. - Where applicable, national 
10 
government agencies shall integrate and mainstream ICCAs in their policies and 
11 
programs, provide technical assistance to ICCs/IPs, and support to the National 
12 
ICCA Registry. Consistent with their respective mandates and upon formal 
13 
request an ICC/IP, national government agencies shall provide technical 
14 
assistance in building and strengthening the capacity of the requesting ICC/IP to 
15 
manage their ICCA. 
16 
The Department of Education (DepEd), the Commission on Higher Education 
17 
(CHED), the Technical Education and Skills Development Authority (TESDA), the 
18 
Department of Social Welfare and Development (DSWD), in coordination with the 
19 
DENR and the NCIP, and other relevant agencies, shall integrate ICCAs and KBAs 
20 
in the school curricula under environmental education at the appropriate 
21 
educational level/ s. 
22 
SEC. 17. Role of the Private Sector and Civil Society. - The NCIP and DENR shall 
23 
actively engage and collaborate with the private sector and civil society in the 
24 
raising public awareness and recognition of ICCAs and in obtaining specialized 
25 
assistance and service, subject to the free and prior informed consent 
26 
requirements of the concerned ICC/IP. Public participation in protection, 
27 
conservation and sustainable use activities, especially at the local level, shall be 
28 
encouraged to maximize conservation and community benefits. 
29 
30 
CHAPTER V 
31 
INCENTIVES 
32 
33 
34 
SEC. 18. Incentive Scheme. - ICCAs listed in the National ICCA Registry shall 
35 
enjoy priority as biodiversity conservation and reforestation project sites. Where 
36 
appropriate and 
available, 
government financial 
institutions and other 
37 
government agencies shall provide financial and technical assistance to ICCs/IPs 
38 
for the protection and promotion of their listed ICCAs, particularly in the 
39 
establishment and implementation of payment schemes for ecosystem serviccs 
40 
provided by the ICCAs. 
41 
SEC. 19. Sustainable livelihoods. - The DENR, in coordination with the NCIP, 
42 
shall develop sustainable livelihood opportunities for ICCs/IPs particularly those 
43 
consistent with traditional practices and resource use that contribute to the 
44 
sustainable development and proper management of the ICCAs. In all cases, the 
45 
interests and well-being of the ICC/IP concerned shall be paramount. 
5 


I 
CHAPTER VI 
2 
PENAL PROVISIONS 
3 
4 
5 
SEC. 20. Prohibited Acts. - It shall be unlawful for any person to commit the 
6 
following acts within an ICCA: 
7 
(a) 
Unauthorized and/or unlawful intrusion upon, or use of any portion 
8 
of, the ICCA; 
9 
(b) 
Mineral exploration, extraction and development, quarrying and other 
10 
destructive forms of natural resource exploration, development and 
II 
utilization; 
12 
(c) 
Logging, except in instances of sustainable traditional indigenous 
\3 
forest resource management practices of ICC/IP; 
14 
(d) 
Mutilating, defacing, removing or otherwise destroying objects that 
15 
have cultural, spiritual or ecological significance to ICC/IP; 
16 
(e) 
Dumping of waste products detrimental to flora and fauna; 
17 
SEC. 21. Penalties. - Any individual, corporation, partnership, association, or 
18 
other juridical entity that commits any of the prohibited acts provided for in 
19 
Section 18 of this Act shall be prosecuted and upon conviction shall suffer a fine 
20 
of not less than SIX THOUSAND PESOS (PhP 6,000.00) or any amount not to 
21 
exceed FIVE HUNDRED THOUSAND PESOS (PhP. 500,000.00) or imprisonment 
22 
of not less than SIX (6) MONTHS AND ONE (1) DAY or more than SIX (6) years, or 
23 
both, at the discretion of the court, including perpetual disqualification from 
24 
public office if the offender is a public officer, and confiscation or forfeiture in 
25 
favor of the government of the objects and the instrumentalities used in 
26 
committing any of herein prohibited acts. 
27 
If the offender is a corporation, partnership or association, or other juridical 
28 
entity, the penalty shall be imposed upon the officer or officers of the corporation, 
29 
partnership, association or entity responsible for the violation without prejudice 
30 
to the cancellation or revocation of these entities license or accreditation issued to 
31 
them by any licensing or accredited body of the government. If such offender is an 
32 
alien, he or she shall, in addition to the penalties prescribed in this Act, be 
33 
deported without further proceedings after service of the sentence. 
34 
However, the prosecution for offenses set forth in Section 18 of this Act shall be 
35 
without prejudice to any liability for violation of Republic Act No. 8371, as 
36 
amended, otherwise known as the "Indigenous Peoples Rights Act of 1997", and 
37 
other criminal or civi1liabilities. 
38 
CHAPTER VII 
39 
FINAL PROVISIONS 
40 
41 
SEC. 22. Annual Report. - On or before March 30 of every year following the 
42 
effectivity of this Act, the Council shall submit to the President and to both 
43 
Houses of Congress a progress report on the status of the implementation of this 
44 
Act and on the implementation of the National ICCA Program. The Council shall 
45 
recommend legislation, where applicable and necessary. 
46 
SEC. 23. Construction. -
The provisions of this Act shall be construed liberally in 
47 
favor of ICCs/IPs and in consideration of the protection and conservation of 
6 


biodiversity. 
2 
SEC. 24. Implementing Rules and Regulations. - The NCrp, in coordination with 
3 
the DENR and other concerned government agencies and members of the civil 
4 
society, shall, within six (6) months from the effectivity of this Act, promulgate the 
5 
necessary rules and regulations for the enforcement of the provisions of this Act. 
6 
SEC. 25. Appropriations. -
The sum of TWENTY MILLION PESOS (PhP 
7 
20,000,000.00) is hereby appropriated as initial operating fund. Thereafter, the 
8 
amount necessary to effectively carry out the provisions of this Act shall be 
9 
included in the annual General Appropriations Act. 
lOIn succeeding years, in additional to the annual appropriations to be provided for 
II 
the implementation of this Act, the Fines to be collected as Penalties under 
12 
Section 20 shall also be added for the implementation of this law. 
13 
SEC. 26. Repealing Clause. - All laws, decrees, executive orders, rules and 
14 
regulations or parts thereof inconsistent with or contrary to the provisions of this 
15 
Act are hereby repealed or modified accordingly. 
16 
SEC. 27. Saving Clause. - This Act shall not in any manner adversely affect the 
17 
rights and benefits of the ICCs/IPs under other conventions, recommendations, 
18 
international treaties, national laws, awards, customs and agreements. 
19 
SEC 28. Separability Clause. - If any part or provision of this Act is held 
20 
unconstitutional or invalid, other parts or provisions hereof which are not affected 
21 
shall continue to remain in full force and effect. 
22 
SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days following 
23 
completion of its publication in at least two (2) newspapers of general circulation. 
24 
Approved, 
7