HOUSE OF REPRESENTATIVES

Republic of the Philippines VE
HOUSE OF REPRESENTATIVE: RECEI : D
Quezon City pate. 99 JUN 2016

SEVENTEENTH CONGRESS
First Regular Session

” REGISTRATION UNIT
House Bill No._5'7'7 BILLS AND INDEX SERVICE

Introduced by REP. JOSE T. PANGANIBAN, JR.
of ANAC-IP Partylist

EXPLANATORY NOTE

Article II, Section 22 of the 1987 Constitution provides that “(T)he State recognizes and
promotes the rights of indigenous cultural communities within the framework of national unity and
development.” Hence, the promotion of a society recognizing and promoting the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of the 1987 Constitution
and Republic Act 8371, otherwise known as the Indigenous Peoples Rights Act of 1997.

‘The National Commission on Indigenous Peoples (NCIP) was created when RA 8371 was
enacted in 1997. Attached under the Office of the President, it is presently the primary Government
agency mandated in the formulation and implementation of policies, plans and programs to recognize,
protect, and promote the rights of ICCs/IPS in accordance with the provisions of the 1987
Constitution and RA 8371. However, there is now an urgent need to create a specific Department of
Indigenous Peoples (DIP) in order to strengthen the formulation and implementation of the salient
provisions of RA 8371. Toward this end, the DIP shall engage the ICCs/IPs in all levels of
Government to improve service delivery and facilitate the development of policy and programs which
carry out sustainable economic, environmental, and social benefits to ICCs/IPs.

This measure seeks to create a Department of Indigenous People (DIP), which shall become
the primary Government agency tasked to formulate and implement national policies, plans, and
programs relating to the rights of ICCs/IPs.

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

Entative, ANAC-IP Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

577

House Bill No.

Introduced by REP. JOSE T. PANGANIBAN, JR.
of ANAC-IP Partylist

AN ACT
CREATING THE DEPARTMENT OF INDIGENOUS PEOPLES
DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Department of Indigenous
Peoples Act of 2016.”

SECTION 2. Declaration of Policies. It is hereby declared the policy of the State:

(a) To recognize and promote the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) within the framework of national unity and
development;

(b) To protect the rights of ICCs/IPs to their ancestral domains to ensure their
economic, social and cultural well-being and shall recognize the applicability of customary
laws governing property rights or relations in determining the ownership and extent of
ancestral domain;

(©) _ To recognize, respect and protect the rights of the ICCs/IPs to preserve and
develop their cultures, traditions and institutions. It shall consider these rights in the
formulation of national law and policies;

(d) To guarantee that members of the ICCs/IPs regardless of sex, shall equally
enjoy the full measure of human rights and freedoms without distinction or discrimination;

(©) _ To 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;

(Q To recognize 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,

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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 realizations of these rights, taking into consideration their customs,
traditions, values, beliefs, interest and institutions, and to adopt and implement measures to
protect their rights to their ancestral domains.

SECTION 3. Definition of Terms. As used in this Act, the following terms are
defined as follows:

(a) Ancestral Domain — Subject to section 56 of RA 8371, shall refer to all areas
generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural
resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by
themselves or through their ancestors, communally or individually since time immemorial,
continuously to the present except when interrupted by war, force majeure or displacement by
force, deceit, stealth, or as a consequence of government projects or any other voluntary
dealings entered into by government and private individuals/corporations, and which are
necessary to ensure their economic, social, and cultural welfare. It shall include ancestral
lands, forests, pasture, residential, agricultural, and other lands individually owned whether
alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies
of water, mineral and other natural resources, and lands which may no longer be exclusively
occupied by ICC/s IPs but from which they traditionally had access to for their subsistence
and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic
and/or shifting cultivators;

(b) Ancestral Lands. - Subject to section 56 of RA 8371, shall refer to land
occupied, possessed and utilized by individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest,
under claim of individual or traditional group ownership, continuously, to the present except
when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a
consequence of government projects or any other voluntary dealings entered into by
government and private individuals/corporations, including but not limited, residential lots,
rice terraces or paddies, private forests, swidden farms and tree lots;

(©) Customary Laws. - refer to a body of written and/or unwritten rules, usage,
customs and practices traditionally and continually recognized, accepted and observed by
respective ICCs/IPs;

(@) Certificate of Ancestral Domain Title — refers to a title formally recognizing
the rights of possession and ownership of ICCs/IPs over their ancestral domains identified
and delineated in accordance with the provisions of Republic Act 8371;

(©) Certificate of Ancestral Land Title - refers to a title formally recognizing the
rights of ICCs/IPs over their ancestral lands;

() Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs). — refer to
a group of people or homogenous societies identified by self-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

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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 state 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;

(g) Indigenous Political Structure — refer to organizational and cultural
leadership systems, institutions, relationships, patterns and process for decision-making and
participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of
‘Timuays, Bodong Holders, or any other tribunal or body of similar nature;

(h) National Commission on Indigenous Peoples (NCIP) - refers to the office,
attached under the Office of the President and created under RA 8371. It is currently the
primary government agency responsible for the formulation and implementation of policies,
plans and programs, to recognize, protect and promote the rights of the ICCs/IPs; .

() Non-Government Organization (NGO) — refers to a private, non-profit
voluntary organization that has been organized primarily for the delivery of various services
to the ICCs/IPs and has an established track record for effectiveness and acceptability in the
community where it serves:

@) Peoples’ Organization (PO) — refers to a private, nonprofit voluntary
organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs;

(k) Republic Act 8371 — refers to the Indigenous Peoples Rights Act of 1997;

() Time Immemorial — refers to a period of time when as far back as memory
can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and
utilized a defined territory devolved to them, by operation of customary law or inherited from
their ancestors, in accordance with their customs and traditions

SECTION 4. Creation. There is hereby created the Department of Indigenous
Peoples (DIP) hereinafter referred to as the Department. .

SECTION 5. Mandate. The Department shall protect and promote the interest and
well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and
institutions. It shall be the primary government agency responsible for the formulation and
implementation of policies, plans and programs to promote and protect the rights and well-
being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights
thereto.

SECTION 6. Powers and Functions. The Department shall exercise the following
powers, jurisdiction and functions:

(@) To serve as the primary government agency through which ICCs/IPs can seek
government assistance and as the medium, through which such assistance maybe extended;

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(b) To review and assess the conditions of ICCs/IPs including existing laws and
policies pertinent thereto and to propose relevant laws and policies to address their role in
national development;

(c) To formulate and promulgate necessary rules and regulations governing the
implementation of the provisions of RA No. 8371 and pertinent laws;

(d) To develop, administer, and implement policies, plans, programs, and projects
for the economic, social and cultural development of the ICCs/IPs;

(©) To coordinate development programs and projects for the advancement of the
ICCs/IPs and to oversee the proper implementation thereof;

(f) To issue and register certificate of ancestral land or ancestral domain title;

(g) To issue appropriate certification as a pre-condition to the grant of permit,
lease, grant, or any other similar authority for the disposition, utilization, management, and
appropriation by any private individual, corporate entity or any government agency,
corporation or subdivision thereof on any part or portion of the ancestral domain taking into
consideration the consensus approval of the ICCs/IPs concerned;

(h) To establish such regional, provincial, city, municipal branches and field
offices of the Department whenever and wherever it may expedient or necessary and to
supervise such branches;

(i) To provide social welfare services to ICCs/IPs, including social work
assistance, legal assistance, cultural services;

G) To coordinate government and voluntary efforts in social welfare work to
avoid duplication and overlapping of responsibility in social services;

(k) To implement relevant provisions of international treaties and agreements;

@ To collect and maintain records and facilitate research relating to rights and
cultural heritage of ICCs/IPs;

(m) _ To promote public awareness and insure proper dissemination of information
on understanding of Indigenous rights and cultural heritage;

(n) To perform quasi-judicial and allied functions and settle conflicts;

(0) _ To perform all other functions consistent with RA No. 8371 and as may be
provided by law.

SECTION 7. Quasi-Judicial Powers and Functions. \n cases of conflicting interest,
where there are adverse claims within the ancestral domains and which cannot be resolved
through customary laws, the Department shall hear and decide, after notice to proper parties,
the disputes arising from the delineation of such ancestral domains: Provided, that if the
dispute is between and/or among ICCs/IPS regarding the traditional boundaries of their
respective ancestral domains, customary processes shall be followed. The Department shall
promulgate the necessary rules and regulations to carry out its adjudicatory functions:
Provided, further, that any decision, order, award, or ruling of the Department on any
ancestral domain dispute or any matter pertaining to the application, implementation,
enforcement and interpretation of the pertinent provisions of Republic Act 8371 may be
brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt
of copy thereof; Provided, finally, that no inferior courts of the Philippines shall have
jurisdiction to issue any restraining order or writ of preliminary injunction against the
Department or any of its designated offices in any case, dispute, or controversy arising from,
necessary to, or interpretation of the provisions of RA 8371 and other pertinent laws relating
to ICCs/IPs and ancestral domain.

The Department shall have the power and authority:


(a) To promulgate rules and regulations governing hearing and disposition of
cases filed before it as well as those pertaining to its internal functions and such rule and
regulations as may be necessary to carry its purposes;

(b) To administer oaths, summon parties to a controversy, issue subpoenas
requiring the attendance and testimony of witnesses or the production of such books, papers,
contracts, records, agreements and other document of similar nature as may be material to a
just determination of the matter under investigation or hearing conducted in pursuance of this
Act;

(c)  Tohold any person in contempt, directly or indirectly, and impose appropriate
penalties therefor, and

(@) To enjoin any and all acts involving or arising from any case pending before
it, which, if not restrained fort with, may cause grave or irreparable damage to any of the
parties to the case or seriously affect social or economic activity.

SECTION 8. Composition. The Department shall be headed by Cabinet Secretary.
The Department proper shall be composed of the Office of the Secretary, the Offices of the
Undersecretaries and the Assistant Secretaries.

SECTION 9. Secretary of Indigenous Peoples. The Secretary shall be appointed by
the President, subject to confirmation by the Commission on Appointments. The Secretary.
shall have the following functions:

(a) Provide executive direction and supervision over the entire operations of the
Department and its attached agencies;

(b) Establish policies and standards for the effective, efficient, and economical
operations of the Department, in accordance with the program of the Government;

(©) _ Review and approve request for financial and manpower resources of all
operating offices of the Department;

(4) Exercise disciplinary powers over officers and employees of the Department
in accordance with law, including their investigation and the designation of a committee or
officer to conduct such investigation;

(©) Coordinate with LGU’s, other agencies and public and private interest groups,
including non-government organizations (NGOs) and peoples’ organization (POs) on
Department policies and initiatives;

() Prepare and submit to the President through the Department of Budget and
Management (DBM) an estimate of the necessary expenditures of the Department during the
next fiscal year, on the basis of the reports and estimates submitted by bureaus and offices
under him/her;

(g) Serve as a member of the Government Procurement Policy Board (GPPB) as
established by Republic Act 9184;

(h) " Advise the President on the promulgation of executive and administrative
orders and formulation of regulatory and legislative processes on matters pertaining to
ICCs/IPs development;

(i) Formulate such rules and regulations and exercise such other powers as may
be required to implement the objectives of this Act;

() Perform such other tasks as may be provided by law or assigned by the
President.

SECTION 10. Undersecretaries. The Secretary shall be assisted by four (4)
undersecretaries, who shall be appointed by the President upon the recommendation of the


Secretary: Provided, that two (2) undersecretaries shall be career officers or members of the
Philippine Bar.

SECTION 11, Assistant Secretaries. The Secretary shall be assisted by four (4)
assistant secretaries, who shall be appointed by the President upon the recommendation of the
Secretary: Provided, that two (2) assistant secretaries are career officers.

SECTION 12. Qualifications. No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless he or she is a natural-born
Filipino citizen and resident of the Philippines, at least 35 years of age, bonafide members of
ICCs/IPs as certified by his/her tribe, of good moral character, of proven integrity, and who
have experienced and worked for at least ten (10) years with an ICC/IP community and/or
any agency, whether public or private, involved in ICC/IP.

SECTION 13. Abolition of NCIP and Transfer of Personnel. The National
Commission on Indigenous Peoples (NCIP) is hereby abolished and its powers, functions,
applicable funds and appropriations, records, equipment, property and personnel are
transferred to the Department.

SECTION 14. Structure and Staffing Pattern. Subject to the approval of DBM and
pertinent provisions of Republic Act 6656, otherwise known as the Reorganization Law, the
Department shall determine its organizational structure and create new divisions or units as it
may deem necessary, and shall appoint officers and employees of the Department in
accordance with the civil service law, rules, and regulations.

SECTION 15. Separation and Retirement from Service. Employees who are
separated from service within six (6) months from the effectivity of this Act as a result of the
abolition of NCIP and/or reorganization under the provisions of this Act shall receive
separation benefits to which they may be entitled under Executive Order No. 366, s.2004:
Provided, that those who are qualified to retire under existing retirement laws shall be
allowed to retire and receive retirement benefits to which they may be entitled under
applicable laws and issuances.

SECTION 16. Transition Period. The transfer of functions, assets, funds,
equipment, properties, transactions, and personnel of NCIP, and the formulation of the
internal organic structure, staffing pattern, operating system, and revised budget of the
Department, shall be completed within six (6) months from the effectivity of this Act, during
which time, the existing personnel shall continue to assume their post in holdover capacities
until new appointments are issued: Provided, that after the abolition of NCIP as specified in
Section 13 of this Act, the Department, in coordination with the DBM, shall determine and
create new positions, the funding requirements of which shall not exceed the equivalent cost
of position abolished.

SECTION 17. Appropriation. The amount needed for the initial implementation of
this Act shall be taken from the current fiscal years appropriation of NCIP, if any. Otherwise,
the amount needed for the operations and maintenance of the Department shall be included in
the General Appropriations Act of the year following the effectivity of this Act and
thereafter.


SECTION 18. Implementing Rules and Regulations. The Department, the DBM, the
CSC and other government agencies concemed shall issue within sixty (60) days from the
effectivity of this Act, the necessary implementing rules and regulations for the effective
implementation of this Act.

SECTION 19. Repealing Clause. All laws, decrees, executive orders, rules and
regulations, and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.

SECTION 20. Separability Clause. If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SECTION 21. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,