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EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._1456

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

EXPLANATORY NOTE

It is declared policy of the State, according to Section 22, Article II of the 1987
Philippine Constitution that, “The State shall recognize and promote the rights in indigenous
cultural communities (ICCs) within the framework of national unity and development.

To accomplish this mandate, R.A. No. 8371, otherwise known as the Indigenous
Peoples Rights Act of 1997 (IPRA) was enacted. Section 16 of this law provides that, ICCs/IPs
have the right to participate fully, if they so choose, at all levels of decision-making in matters
which may affect their rights, lives and destinies through procedures determined by them as
well as to maintain and develop their own indigenous political structure. Consequently, the
State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making
bodies and other local legislative councils.”

However, despite the existence of the aforementioned provision of IPRA Law, the
ICCs/IPs remain underrepresented, particularly in the province of Nueva Vizcaya. Due to this
under representation in council or bodies that make decisions about the lives of the IPs, there
is a continuous struggle to uphold their already constitutionally-recognized rights. With this
reality, the State must be more vigilant in protecting the IPs in our country.

With the view of uplifting the welfare of the IPs, this bill seeks to institutionalize IPs
mandatory representation in the province of Nueva Vizcaya. It is hoped that with this bill, the
local government unit of Nueva Vizcaya will recognize and provide a representative from the
IP sector to their local legislative or Sanggunian. This will ensure a more coordinated effort
between the State and the IP sector in guaranteeing the protection of their rights.

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

ISA LLOREN CUARESMA


Republic of the Philippines
House of Represeutatives

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1456

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizeaya

AN ACT INSTITUTIONALIZING INDIGENOUS PEOPLES MANDATORY
REPRESENTATION IN THE PROVINCE OF NUEVA VIZCAYA AND
APPROPRIATING FUNDS THEREFOR.

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

SECTION 1. Short Title — This Act shall be known as the “Nueva Vizcaya IP
Representation Act”

SECTION 2, Declaration of Policies — Pursuant to the 1987 Constitution and Republic
Act No. 8371 otherwise known as the “The Indigenous Peoples’ Rights Act of 1997”, the State
shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous
Peoples (ICCS/IPs) particularly the following:

a) The State shall recognize, respect and protect the rights of ICCS/IPs to preserve and
develop their cultures, traditions and institutions, It shall consider these rights in the
formulation of national laws and policies:]

b) The State shall take measures, with the participation of the ICCS/IPs concerned, to
protect their rights and guarantee respect for their cultural integrity, and to ensure that
members of the ICCs/IPs benefit on an equal footing from the rights and opportunities
which national laws and regulations grant to other members of the population; and

c) The State recognizes its obligations to respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the
direction of education, health, as well as other services of ICCs/IPs, in order to render
such services more responsive to the needs and desires of these communities.


Towards these ends, the State shall institute and establish the necessary mechanisms to enforce
and guarantee the realization of these rights, taking into consideration their customs, traditions,
values, beliefs, interests and institutions, and to adopt and implement measures to protect their

rights.

SECTION 3. Definition of Terms — For the purpose of this Act, the following terms
are defined as follows:

a) Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) refer to a group
of people or homogenous societies identified by self-subscription by other, who
have continuously lives 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, tradition and other distinctive cultural traits, or who have,
through resistance to political, social and cultural inroads of colonization, non-
indigenous religions and culture, 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 boundaries, who
retain some or all of their own social, economic, cultural and political institutions,
but who may have been displaced from their traditional domains or who may have
resettled outside their ancestral domains;

b)

Indigenous Peoples Mandatory Representative —refers to a person duly selected and
confirmed under the provisions of this Act to become an automatic member of the
local legislative as representative of the indigenous people’s sector;

©)

Indigenous Political Structure ~ refers to the organizational and cultural leadership
systems, institutions, relationships, patterns and process of decision-making and
participation, identified by ICCs/IPs.

qd

National Commission on Indigenous Peoples (NCIP) — refers to the office attached
under the Office of the President and created under Republic Act No. 8371. It is
currently the primary government agency responsible formulation and
implementation of policies, plans, and programs to recognize, protect and promote
the rights of the ICCs/IPs.

SECTION 4. Institution/Creation — There is hereby created/instituted a national
program for Indigenous Peoples Mandatory Representation in the Province of Nueva Vizcaya
under the direct supervision of the NCIP in coordination with the Local Government Unit of
the Province.


SECTION 5. Scope of Application - The Indigenous Peoples Mandatory
representation shall be applicable to the Province of Nueva Vizcaya. Each of the recognized
ICC/IPs shall have its own representation.

SECTION 6, Selection/Qualification - No person shall become an Indigenous Peoples
Mandatory Representative (IPMR) unless he or she is:

a) A bonafide member of the ICCs/IPs sought to be represented in the Province of Nueva
Vizcaya;

b) A bonafide member of an Indigenous Political Structure, accredited by the NCIP, of the
ICCs/IPs in the Province of Nueva Vizcaya;

¢) Selected through customary laws and traditions by majority of the members of ICCs/IPs
sought to be represented and whose selection has been confirmed by the NCIP;

d) At least twenty-one (21) years of age:

e) Resident of the Province of Nueva Vizcaya; and

f) Of good moral character

SECTION 7. Terms of Offfice - Any person whose selection has been confirmed by
the NCIP to become an IPMR shall become an automatic member of the local legislative
or the Sanggunian concems as representative of the Indigenous Peoples sector.

An IPMR shall serve in the local or Sanggunian for a period of three (3) years from the
time his or her selection shall have been confirmed by the NCIP. The confirmation of the
NCIP shall also serve as the appointment of the IPMR in the local legislative or Sanggunian
concerned.

No person shall serve the IPMR for more than three (3) consecutive terms in the same
local legislative or Sanggunian. In case of death, permanent incapacity, or voluntary
resignation or both, of an IPMR, the successor shall serve the unexpired portion of his or
her predecessor.

SECTION 8. Remuneration — any person selected and confirmed as IPMR shall
receive from the NCIP his or her remuneration and benefits equivalent to the remuneration and
benefits given to members of the local legislative or Sanggunian where the IPMR shall have
become a member.

SECTION 9, League of Indigenous Peoples Mandatory Representative — There is
hereby created an association of all IPMRs. The association shall be called the “League of
Indigenous Peoples Mandatory Representative (LIPMR)” as provided for under the Title VI
of Republic Act. No. 7160, Otherwise known as the Local Government Code.


‘The LIPMR shall become a member of the umbrella organization of the Union of Local
Authorities of the Philippines.

SECTION 10. Implementation. — Within sixty (60) days after the implementation of
this Act, the NCIP in coordination with TESDA, DepEd and CHED, shall promulgate the
necessary rules a and regulation to govern the effective implementation of this Act.

SECTION 11. Appropriations — The amount necessary to carry out the provisions of
this Act shall be included in the budget of concerned government agencies in the General
appropriations Act of the year following its enactment into law and thereafter.

SECTION 12. Repealing Clause - All laws, decrees, executive orders, administrative
orders or parts thereof inconsistent with the provision of this Act are hereby repealed,
amended or modified accordingly.

SECTION 13. Separability Clause - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force and
effect.

SECTION 14, Effectivity Clause — This Act shall take effect fifleen (15) days
following its complete publication in the Official Gazette or in at least two (2) newspaper of
general circulation.

Approved,