Republic of the Philippines
House of Representatives
Quezon City, Metra Manila

EIGHTEENTH CONGRESS
Second Regular Session

8779

House Bill No.

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
CREATING REGIONAL TRIAL COURTS FOR INDIGENOUS PEOPLES

EXPLANATORY NOTE

Globally, indigenous peoples continue to fight for recognition and
strengthen their communities. The United Nations supports them by
adopting an international instrument in 2007 known as the UN Declaration
on the Rights of Indigenous Peoples (UNDRIP)!, adopted by the majority of
the member states of the United Nations General Assembly. As for countries
like the Philippines, Indigenous Peoples have lobbied beforehand resulting in
the adoption of the Indigenous People's Right Act (IPRA). With the combined
forces of the IPRA and the UNDRIP, there has been an increase in the
ancestral lands returned to indigenous communities.

However, the implementation of the UN Declaration needs better
legislation to complement it. Priorities to expropriate for economic activities
are still strongly present. Aside from issues with territory, historical
injustices are still happening along with the lack of recognition on the
contributions of indigenous peoples?.

In the Philippines, the number of Indigenous Peoples is estimated to
be around 10 to 20 percent of the national population. With the constant
challenges faced, they continue to lack accessibility to justice and
protection. The provisions of the Indigenous Peoples Right Act of 1997 do
not have effective clauses regarding protection within criminal justice
processes?.

tion on the Rights of Indigenous Peoples. n.d). Retrieved January 26, 2021, from
jgenousfoundatione.arts.ube.ca/tn declaration onthe ights_of indigenous” peoples/

‘Author Victoria Taull-Corpuz (2017, September 01). It Is Time Governments Recognize Indigenous Peoples’ Contributions.
Retrieved January 26, 2021, from http://www. culturalsurvival.org/ publications /cultural-survival-quartery/it-time-governments-
recognize indigenous-peoplee

tion for indigenous people. (2012, August). Retrieved January 26,
pines-obstacles-concerning-accest.to.justice

' Philippines: Obstacles concerning access to justice a
2021, from https:/ war. iwpla.org/en/philippines/ 16%



This bill seeks to further uphold the fundamental rights to due
process of the Indigenous Peoples by creating regional trial courts
specifically for them. This legislation is in accordance with Section 21 of
Republic Act No. 8371, also known as the Indigenous Peoples’ Rights Act of
1997 as we uphold the rights and privileges available to every member of the
society, and make justice available and accessible for the marginalized
sectors of society,

In view of the foregoing, the immediate passage of this bill is earnestly
sought.


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8779

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
CREATING REGIONAL TRIAL COURTS FOR INDIGENOUS PEOPLES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Regional Trial
Courts for Indigenous Peoples Act”.

SECTION 2. Declaration of Policy. - It is hereby declared policy of the
State to increase access to justice for the indigenous peoples by
creating Regional Trial Courts for them.

SECTION 3. Creation of Separate Courts for Indigenous Peoples. -
Regional Trial Courts for cases involving indigenous peoples are
hereby created in provinces where there is some concentration of
indigenous peoples as deemed and recognized by the National
Commission on Indigenous Peoples (NCIP).

SECTION 4. Implementing Rules and Regulations. - The Supreme
Court shall issue rules and regulations to implement this Act. Said
rules shall be published in at least two (2) national newspapers of
general circulation.

SECTION 5. Appropriation. - The amount of One Billion Pesos
(P1.000,000,000.00) is hereby appropriated out of any savings or
unexpected balance in the National Treasury not otherwise
appropriated. Hereafter, it shall be included in the budget of the
Judiciary in the General Appropriations Act for the corresponding
fiscal year.


SECTION 6. Implementing Rules and Regulations. - The Secretary
of Justice shall, in coordination with the NCIP in consultation with
the Committees on National Cultural Communities of the House of
Representatives and the Senate, issue the necessary rules and
regulations for the effective implementation of this Act.

SECTION 7. Separability Clause. - Should any provision of this Act
or any part thereof be declared invalid, the other provisions, so far as
they are separable from the invalid ones, shall remain in full force
and effect.

SECTION 8. Repealing Clause. - All laws, orders. Issuances, rules
and regulations or parts thereof inconsistent with this Act. Are
hereby repealed or modified accordingly.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) newspapers of
general circulation.

Approved,