EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
(0ff!ce o( jijf ^pcrffflrp
*19 NOV -4 All :45
SENATE
S. No. 1128
RECE;^''.[> fly. 
^
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT RECOGNIZING THE INDIGENOUS CULTURAL COMMUNITIES AND 
INDIGENOUS PEOPLES (IC C s/IP s) COMMUNITY CONSERVED TERRITORIES 
AND AREAS (ICCA), ESTABLISHING FOR THE PURPOSE THE NATIONAL ICCA 
REGISTRY, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Article II of the 1987 Constitution declares the State's mandate to "protect and 
advance the right of the people to a balanced and healthful ecology in accord with the 
rhythm and harmony of nature," and "recognize, respect, and protect the rights of 
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to preserve and develop 
their cultures, traditions, and institutions." Further, it shall consider the rights of ICCs/IPs 
in the formulation of national plans and policies, in its policies in pursuit of biodiversity 
conservation, climate change mitigation and adaptation, and sustainable development.
By recognizing the declaration of ICCs/IPs of Indigenous Community Conserved Areas 
(ICCAs) within their ancestral domains, the State acknowledges the significant 
contribution of ICCs/IPs to the country's efforts in environmental protection, biodiversity 
conservation, and community resilience. ICCAs are "territories of life," areas within 
ancestral domains and lands, or parts thereof, are identified, protected, conserved, and 
sustainably used by ICCs/IPs pursuant to their indigenous knowledge, systems, and 
practices, and in accordance with customary laws and other effective means, as they 
have done since time immemorial.
This is consistent with the recognition and promotion of the rights of ICCs/IPs under 
Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 (IPRA), and globally, 
under the Universal Declaration of the Rights of Indigenous Peoples (UNDRIP), and the 
United Nations Convention on Biological Diversity (CBD), which enjoins states to recognize 
and promote other effective area-based conservation measures apart from protected 
areas. This aligns with the recognition and promotion of ICC/IP conservation areas and 
governance within their ancestral domains, through the Republic Act No. 7586, or the 
National Integrated Protected Areas System (NIPAS) Act of 1992 as amended by Republic 
Act No. 11038, otherwise known as the "Expanded National Integrated Protected Areas 
System Act of 2018 (ENIPAS Act), and Republic Act No. 9174 or the Wildlife Resources 
Conservation and Protection (WRCP) Act. The ICCA is consistent with the IPRA and the


ENIPAS laws, which mandate the full and effective assistance of government agencies to 
ICCs/IPs in their responsibility to maintain, develop, protect and conserve such areas.
To give life to the Constitutional Mandate and International Covenants, and to 
integrate and further strengthen the Indigenous Peoples Rights Act (IPRA), National 
Integrated Protected Areas System (NIPAS) and Expanded National Integrated Protected 
Areas (ENIPAS), and the Wildlife Resources Conservation and Protection Act (WRCP), it 
is essential that the Indigenous Community Conserved Areas (ICCA) Bill be passed.
The ICCA Bill establishes a national ICCA registry, creates a procedure for 
documentation, registration, and recognition of ICCAs and their inclusion and integration 
with local government plans. The ICCA Bill identifies prohibited acts, corresponding 
penalties, and provides for the appropriation funds needed to manage ICCAs. The ICCA 
Bili recognizes and promotes ICCs/IPs self-determination, governance, and sustainable 
traditional resource rights (STRR), and their contribution to the conservation and 
protection of their preserving their ICCAs-territories of life within their ancestral domains.
For the foregoing reasons, the immediate approval is therefore earnestly sought.
RISA HONTIVEROS 
V
-----
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No. 112 8
Senate
Indict of tljf d rc iP ta rp
*19 
NOV -4 All :45
RECEIVtD 6>';
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT RECOGNIZING THE INDIGENOUS CULTURAL COMMUNITIES 
AND INDIGENOUS PEOPLES (IC C s/IP s) COMMUNITY CONSERVED 
TERRITORIES AND AREAS (ICCA), ESTABLISHING FOR THE PURPOSE 
THE NATIONAL ICCA REGISTRY, AND APPROPRIATING FUNDS
THEREFOR
Be it enacted by the Senate and the House o f Representatives o f the Philippines 
in Congress assembled:
1 
CHAPTER I
2 
GENERAL PROVISIONS
3 
SECTION 1. Short Title. -  This Act shall be known as the "Indigenous Cultural
4 
Communities and Indigenous Peoples (ICCs/IPs) Community Conserved Territories
5 
and Areas (ICCA)  Act'.
6 
SEC. 2. Declaration o f Policy. -  In accordance with the Philippine Constitution,
7 
Republic Act (RA) No. 8371, otherwise known as the "Indigenous Peoples Rights
8 
Act o f 1997" (IPRA), and the United Nations Declaration on the Rights o f
9 
Indigenous Peoples (UNDRIP), it is the policy of the State to recognize, promote,
10 
and protect the rights of Indigenous Cultural Communities/Indigenous Peoples
11 
(ICCs/IPs), particularly to their ancestral domains.
12 
The State also recognizes the existing customary and traditional governance
13 
by ICCs/IPs of their ancestral domains and lands as an effective measure of
14 
conserving 
key 
biodiversity 
areas. 
Through 
this 
recognition, 
the 
State
15 
acknowledges the significant contribution of ICCs/IPs to the country's efforts in
16 
environmental protection, biodiversity conservation and in promoting the
17 
community resilience.


1 
Towards this end, the State shall adopt measures to recognize and respect
2 
the designation, and declaration of ICCs/IPs of their conserved areas within their
3 
ancestral domains and promote their rights to manage, maintain, and develop the
4 
natural resources and apply their indigenous knowledge systems and practices
5 
within these areas under their indigenous political structures and traditional
6 
governance systems.
7 
For this purpose, a national registry for all ICCs/IPs conserved territories
8 
and areas shall be established to be the repository of information on these
9 
conserved territories and areas.
10 
SEC. 3. Definition o f Terms. -  As used in this Act, the following terms shall
11 
mean;
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(a) 
Ancestral Domains -  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 ICCs/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 Domains Sustainable Development and Protection 
Plan (ADSDPP) -  the consolidated plans of ICCs/IPs for the sustainable 
management and development of their land and natural resources within 
their ancestral domain as well as the development of human and cultural 
resources based on their indigenous knowledge, systems and practices. 
Such plan shall be the basis of the Five Year Master Plan for ICCs/IPs;


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(c) 
Ancestral Lands -  lands 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 
claims 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 and 
other voluntary dealings entered into by government and private 
individuals/corporations, including, but not limited to, residential lots, rice 
terraces or paddies, private forests, swidden farms and tree lots;
(d) 
Assisting organization -  an organization 
known to the 
community and with a good track record of respect for customary laws and 
self-determination intending to support ICCs/IPs in the documentation of 
their ICCAs. This may include non-government organizations (NGOs), the 
academe, church-based organizations and other similar civic organizations;
(e) 
Biological Diversity or Biodiversity -  the variability among 
organisms from all sources, including terrestrial, marine and other aquatic 
ecosystems and the ecological complexes of which they are a part. This 
includes diversity within species, between species and of ecosystems;
(f) 
Ecosystem services -  the benefits people obtain from 
ecosystems, which include: (a) provisioning services such as food, water, 
timber, and fiber; (b) regulating services that affect climate, floods, disease, 
wastes, and water quality; (c) cultural services that provide recreational, 
aesthetic, and spiritual benefits; (d) supporting services such as soil 
formation, photosynthesis, and nutrient cycling;
(g) 
Environmental Impact Assessment (EIA) -  the process that
involves evaluating and predicting the likely impacts of a project (including 
cumulative 
impacts) 
on 
the 
environment 
during 
construction,
commissioning, operation and abandonment. It also includes designing 
appropriate preventive, mitigating and enhancement measures addressing 
these consequences to protect the environment and the community's 
welfare.
(h) 
Free and Prior Informed Consent (EPIC) — the consensus of all 
members of the ICCS/IPs to be determined in accordance with their 
respective customary laws and 
practices, free from any external 
manipulation, interference and coercion, and obtained after fully disclosing


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1
the intent and scope of the activity, in a language and process 
understandable to the community;
(i) 
Indigenous Community Conserved Territories and Areas (ICCA)  
-  the ancestral domains and lands , and parts thereof, that is identified, 
protected, conserved, and sustainably used by ICCs/IPs pursuant to their 
indigenous knowledge, systems, and practices, and in accordance with 
customary laws and other effective means since time immemorial.
It is characterized by natural or with modified ecosystems, containing 
significant biodiversity values, ecological benefits and cultural and spiritual 
values;
For purposes of this law, all ICCAs shall be considered as environmentally 
critical areas (EGAs).
(j) 
Indigenous 
Cuiturai 
Communities/Indigenous 
Peopies 
(ICCs/IPs) -groups of people or homogenous societies identified by self­
ascription and 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 utilized such territories, sharing common bonds of language, 
customs, traditions and other distinctive cultural traits, or who have, 
through resistance to political, social and cultural inroads of colonization, 
non-indigenous religions and cultures, 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;
(k) 
Indigenous Knowiedge Systems and Practices (IKSPs) -  the 
systems, institutions, mechanisms, and technologies comprising a unique 
body of knowledge evolved through time that embody patterns of 
relationships between and among peoples and between peoples, their lands 
and resource environment, including such spheres of relationships which


1 
may include social, political, cultural, economic, religious spheres, and
2 
which are the direct outcome of the indigenous peoples, responses to
3 
certain needs consisting of adaptive mechanisms which have allowed
4 
indigenous peoples to survive and thrive within 
their given socio-cultural
5 
and biophysical conditions;
6 
(1) 
Key Biodiversity Areas (KBAs) -  the sites of global significance
7 
for biodiversity conservation identified using globally standard criteria and
8 
thresholds, based on the needs of biodiversity requiring safeguards at the
9 
site scale. These criteria are based on the framework of vulnerability and
10 
irreplaceability widely used in systematic conservation planning;
11 
(m) /Vaf/ic>/7^//C(C4/?e,p,/5^ry-the national information management
12 
system that contains records on pertinent information on ICCAs;
13 
(n) 
A'af/Ve 77^/e-pre-conquest rights to lands and domains which,
14 
as far back as memory reaches, have been held under a claim of private
15 
ownership by ICCs/IPs, have never been public lands and are thus
16 
indisputably presumed to have been held that way since before the Spanish
17 
Conquest;
18 
(o) 
Sustainabie traditionai resource rights (STRRs) -  the rights of
19 
ICCs/IPs to sustainably use, manage, protect and conserve a) land, air,
20 
water, and minerals; b) plants, animals and other organisms; c) collecting,
21 
fishing and hunting grounds; d) sacred sites; and e) other areas of
22 
economic, ceremonial and aesthetic value in accordance with their
23 
indigenous knowledge, beliefs, systems and practices.
24 
SEC. 4. Scope and C o v e r a g e . Act shall apply to all ancestral domains and
25 
lands, whether held by native title or formally recognized under a Certificate of
26 
Ancestral Domain Title or Certificate of Ancestral Land Title issued under Republic
27 
Act No. 8371.
28 
It shall also apply to ancestral domains and lands within national parks or
29 
protected areas under Republic Act No. 7586, as amended by Republic Act No.
30 
11038, otherwise known as the "Expanded National Integrated Protected Areas
31 
System Act of 2018 (ENIPAS Act)., otherwise known as the "Nationai Integrated
32 
Protected Areas System (NIPAS) Act o f 1992
33
CHAPTER II


1 
INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS PEOPLES
2 
CONSERVED TERRITORIES AND AREAS (ICCAs)
4 
SEC. 5. Guiding Principles. -  The following are guidelines in recognizing the
5 
Indigenous Cultural Communities and Indigenous Peoples Conserved Territories
6 
and Areas (ICCAs):
7 
(a) The rights to land and self-determination include the full
8 
recognition of the traditional resources, rights and practices of ICCs/IPs, as
9 
well as their right to access, maintain, protect, conserve, regulate ICCAs
10 
and exclude unauthorized intrusion into these areas;
11 
(b) The primacy of customary laws and indigenous knowledge
12 
systems and practices (IKSPs) in the governance and management of ICCAs
13 
shall be recognized and respected;
14 
(c) 
The ICCs/IPs shall govern their conserved territories and areas
15 
and ensure the preservation, restoration, and maintenance of ecological
16 
balance and biodiversity therein with the assistance of government
17 
agencies;
18 
(d) The ICCAs shall be considered in the formulation of national,
19 
regional and local policies, plans and programs; and
20 
(e) The ICCs/IPs shall receive fair and equitable share in the
21 
benefits derived from the ecosystem services provided by ICCAs and other
22 
activities as authorized by the ICCs/IPs themselves.
23 
SEC. 6. Recognition o f ICCAs. -  The ICCs/IPs shall define and declare the
24 
conserved areas within their ancestral domains and lands in accordance with their
25 
indigenous political structures, cultures and traditions.
26 
The declaration of ICCAS shall be respected as an exercise of the self-
27 
governance, self-determination and sustainable traditional resource rights of the
28 
ICCs/IPs. It shall be recognized by all national agencies and local government units
29 
(LGUS) as another category of protected areas that are owned, controlled,
30 
governed and managed by ICCs/IPs themselves. The ICCAs shall be subject to the
31 
provisions of this Act.


1 
For purposes of this Act, all ICCAs shall be considered as environmentally
2 
critical areas. The requirement of free and prior informed consent (FPIC) shall be
3 
strictly complied with to undertake allowable activities within the ICCAs.
4 
No provision in this Act granting or recognizing the rights and privileges of
5 
ICCs/IPs in the ICCAs shall be construed to diminish their rights and privileges in
6 
non-ICCA areas of the ancestral domains or lands.
7 
SEC. 7. Protection o f ICCAs. -  The ICCAs shall be reserved for the exclusive
8 
use of ICCs/IPs exercising their sustainable traditional resource rights. Activities
9 
that are not included as sustainable traditional resource rights and activities by a
10 
person who is not a member of ICCs/IPs may only be allowed within the ICCAs,
11 
Provided, That the activities are:
12 
(a) 
Permitted by the ICCs/IPs in accordance with customary laws;
13 
(b) Consistent with their cultural and spiritual values;
14 
(c) 
Compatible with conservation concepts; and
15 
(d) Not among the prohibited acts enumerated in Section 25 
of this
16 
Act.
17 
SEC. 8. Environmental Im pact Assessment (EIA) system . -  All projects
18 
within or outside the ICCA that have potential adverse impacts on the conserved
19 
territories and areas are subject to EIA.
20 
The participation of the ICCs/IPs, the National Commission on Indigenous
21 
Peoples (NCIP) and the Department of Environment and Natural Resources
22 
(DENR) are required in the conduct of the EIA of ICCAs.
23 
The customary laws, the IKSPs of the ICCs/IPs and the social acceptability
24 
of the project shall be considered in the assessment.
25 
The EIA should be concluded and reported for consideration during the FPIC
26 
process.
27
28 
SEC. 9. ICCAs in Key Biodiversity Areas (KBAs). -  The ICC/IPs shall govern,
29 
maintain, restore and develop the ICCAs key biodiversity areas (KBAs) in
30 
accordance with their customary laws and in a manner consistent with the
31 
sustainable use and conservation of biodiversity found therein.


1 
SEC. 10. Indigenous Community Conserved Areas Designations. -  The
2 
designation by the ICCs/IPs of the ICCA, and the places and components therein,
3 
shall be respected, used and promoted in all official documents.
4 
CHAPTER I I I
5 
NATIONAL INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS
6 
PEOPLES CONSERVED TERRITORIES AND AREAS REGISTRY
7 
SEC. 11. The National ICCA Registry. -  To ensure the availability of official
8 
information on ICCAs, a National ICCA Registry, hereinafter referred to as the
9 
"Registry" is hereby established. The Registry is the official information
10 
management system that contains records of all pertinent information regarding
11 
the ICCAs, voluntarily submitted by ICCs/IPs. The Registry shall contain the
12 
following information:
13 
(a) Name of the ICCs/IPs;
14 
(b) A map generated from the delineation of the ICCAs with the
15 
corresponding technical description;
16 
(c) Brief description of governance structure;
17 
(d) Policies on resource use;
18 
(e) Certificate of Ancestral Domain Title (CADT) and Certificate of
19 
Ancestral Lands Title," if applicable.
20 
(f) Relevant 
portions 
of 
the 
Ancestral 
Domain 
Sustainable
21 
Development and Protection Plan (ADSDPP) containing information on the
22 
ICCAs; and
23 
(g) Contact person/s.
24 
SEC. 12. Operational Structures o f the Registry. -  The DENR through the
25 
Biodiversity Management Bureau (BMB) shall be the main repository and
26 
administrator of the Registry. It shall organize store and update all information
27 
that may be contained in the Registry, and shall be responsible for the
28 
documentation, administration and maintenance of the Registry.
29 
All information and data in the Registry shall be obtained from the ICCs/IPs
30 
providing who registered and provided such information. The information and data
31 
submitted shall be considered as part of the community intellectual property rights.


1 
The intellectual property rights of the ICCs/IPs shall be protected and
2 
respected.
3 
SEC. 13. 
Creation o f a Steering Committee. -  A Steering Committee is
4 
created to define policy, provide directions and perform oversight functions in the
5 
administration and maintenance of the Registry.
6 
The Steering Committee shall be composed of the following:
7 
(a) A representative from the DENR;
8 
(b) A representative from the NCIP;
9 
(c) A representative from the Department of Interior and Local
10 
Government (DILG);
11 
(d)A representative from the Housing and Land Use Regulatory
12 
Board (HLURB);
13 
(e) A representative from recognized civil society organizations
14 
(CSOs); and
15 
(f) Two (2) representatives from ICCs/IPs.
16 
SEC. 14. ICCAs Registration. -  The ICCs/IPs shall initiate the documentation
17 
and registration of their ICCAs in the Registry with appropriate financial and
18 
technical support from the NCIP and the DENR or assisting organizations.
19 
If the ICCs/IPs seek the assistance of the NCIP and the DENR in the
20 
registration of the ICCAs, the following steps shall be undertaken:
21 
(a) The ICCs/IPs shall request the NCIP to assist in documenting their
22 
ICCAs;
23 
(b) The NCIP shall assist the community in documenting the ICCAs
24 
with the support of the DENR, delineate the same;
25 
(c) The NCIP shall facilitate the formulation of a Community
26 
Conservation Plan; and
27 
(d) The NCIP shall submit the documentation of the ICCAs and other
28 
pertinent documents to the DENR for inclusion in the Registry.
29 
If the ICCs/IPs undertake the documentation by themselves with the
30 
support of assisting organizations, the NCIP and the DENR shall verify and affirm
31 
the documentation and pertinent documents submitted before the ICCAs may be
32 
included in the Registry.


1 
The map, complete with technical description and a brief description of the
2 
natural features and landmarks of the ICCAs to be registered and included in the
3 
Registry shall be posted at the local, provincial and regional office of the NCIP, and
4 
shall be published in a newspaper of general circulation once a week for two (2)
5 
consecutive weeks to allow others to file opposition papers within fifteen (15) days.
6 
SEC. 15. Procedure fo r Delisting from  the Registry. -  If the ICCs/IPs
7 
determined that the ICCA no longer serves the purpose for which it was defined
8 
and declared, the ICCs/IPs may cause the delisting of the same through a
9 
procedure provided in the Implementing Rules and Regulations of this Act.
10 
SEC. 16. Inclusion o f ICCAs in the LGUs Plan. -  The LGUs shall include in
11 
their Regional Physical Framework Plans, Provincial Physical Framework Plans,
12 
Comprehensive Land and Water Use Plans (CLWUP), Community Development
13 
Plans (CDP), Forest Land Use Plans (FLUP), Barangay Development Plans (BDPs),
14 
the Ancestral Domains Sustainable Development and Protection Plan (ADSDPP),
15 
and other relevant plans on the ICCAs that have been declared and recorded in
16 
the Registry by the ICCs/IPs.
17 
SEC. 17. ICCAs w ithin the Protected Areas. -  In cases where ICCAs are in
18 
the protected areas established under RA No. 7586 or the NIPAS Act, the ICCs/IPs
19 
concerned shall have the authority to govern, maintain, develop, protect and
20 
conserve the areas in accordance with their customary laws and IKSPs, with
21 
financial and technical assistance from the NCIP, the DENR, LGUs and other
22 
concerned government agencies.
23 
A mechanism for coordination and complementation 
between the
24 
indigenous traditional leadership and governance, the NCIP, the DENR, concerned
25 
LGUs and other government agencies shall be established. The absence of such
26 
mechanism shall not in any way stall, diminish, or suspend the provisions of the
27 
preceding paragraph.
28 
SEC. 18. ICCAs Governance. -  The ICCAs shall be governed by the ICCs/IPs in
29 
accordance with their customary laws, indigenous knowledge systems and
30 
practices, structures and mechanisms, provided that any co-management with, or
31 
relinquishment of management by ICCs/IPs, in accordance with Sec. 58 of IPRA,
32 
and Sec. 13 of ENIPAS
33 
The application of customary laws, indigenous knowledge, systems and
34 
practices, structures and mechanisms by the ICCs/IPs within and outside their
10


1 
ICCAs shall be presumed to be a sustainable traditional resource right (STRR) and
2 
shall not be subject to prior approval or validation by the other government
3 
agencies and parties. The burden of proof that certain acts or practices are not in
4 
accordance with the STRR shall lie with the party making the assertion.
5 
Any conflict that may arise within the ICCAs shall be primarily resolved
6 
through customary laws and traditional conflict resolution mechanisms.
7 
CHAPTER IV
8 
ROLE OF GOVERNMENT AGENCIES
9 
SEC. 19. Role o f the NCIP. -  The NCIP shall be the primary government agency
10 
responsible for the full implementation of this Act. It shall protect and promote the
11 
interest and well-being of the ICCs/IPs in the context of biodiversity conservation
12 
and community resilience.
13 
The NCIP shall create the Ancestral Domain Protection and Sustainable
14 
Development Office, and shall receive requests from the ICCs/IPs. It shall
15 
coordinate with the DENR all activities related to the documentation, community
16 
conservation, planning and registration of ICCAs.
17 
It shall provide full and effective financial and technical assistance on the
18 
following:
19 
(a) Capacity building 
and enhancement in the identification,
20 
documentation, and recognition of ICCAs;
21 
(b) Preparation 
of Community Consen/ation Plans (CCP), and
22 
integrating them in the ADSDPP; and
23 
(c) Interfacing 
of the ADSDPP into other relevant planning
24 
frameworks.
25 
The NCIP shall also be responsible for the verification and affirmation of
26 
information submitted by 
ICCs/IPs who undertake the documentation by
27 
themselves, for inclusion in the Registry of ICCAs.
28 
The NCIP shall take into account the issues and concerns on ICCA in all
29 
management planning and decision-making processes of the ICCs/IPs.
30 
The NCIP shall also be member of the Protected Area Management Board
31 
(PAMB), as provided in the ENIPAS Act, where ancestral domains and lands overlap
32 
with protected areas or declared ICCAs.
11


1 
The NCIP, through its regional offices, shall have original and exclusive
2 
jurisdiction over all claims and disputes involving ICCAs; Provided, however, that
3 
no such dispute shall be brought to the NCIP unless the parties have exhausted
4 
all remedies provided under their customary laws, provided further that when one
5 
of the parties is not a member of the ICCs/IPs, traditional conflict resolutions
6 
mechanisms shall apply. For this purpose, a certification shall be issued by the
7 
Council of Elders/Leaders who participated in the attempt to settle the dispute that
8 
the same has not been resolved, which certification shall be a condition precedent
9 
to the filing of a petition with the NCIP
10 
SEC. 20. Rote o f the DENR. -T h e  DENR shall, upon the formal request of the
11 
ICCs/IPs, provide financial and technical support for delineation and mapping, and
12 
biodiversity assessment of ICCA and in the listing or registration of ICCA with the
13 
Registry and similar global platforms or networks.
14 
Enforcement of the preventive mechanisms and penal provisions of this Act
15 
shall also be vested in the DENR.
16 
The agency shall also take into account the issues and concerns on ICCAs
17 
in all management planning and decision-making processes of the ICCs/IPs..
18 
The government shall provide funds for the publication of the ICCAs.
19 
SEC. 21. Role o f Other Government Agencies and LGUs. -Consistent with
20 
their respective mandates and upon formal request by ICCs/IPs, national
21 
government agencies and LGUs shall provide financial and technical assistance in
22 
building and strengthening the capacity of the requesting ICCs/IPs to manage their
23 
ICCA.
24 
The NCIP and the DENR, in partnership with the DILG, shall device an
25 
incentive scheme for LGUs that will adopt and include ICCAs in the Regional and
26 
Provincial Physical Framework Plans, Comprehensive Land and Water Use Plans
27 
(CLWUP), Community Development Plan (CDP), Forest Land Use Plan (FLUP) and
28 
other relevant plans and programs.
29 
The NCIP and the DENR, in partnership with the Department of Information
30 
and Communications Technology (DICT) and the Philippine Statistics Authority
31 
(PSA), shall create or improve on existing data gathering methods for a complete
32 
and centralized ICCA registry.
12


1 
In partnership with the Department of Budget and Management (DBM), the
2 
NCIP, the DENR, the National Economic Development Authority (NEDA), the
3 
Department of Interior and Local Government (DILG) and the Housing and Land
4 
Use Regulatory Board (HLURB) shall formulate a framework to prioritize national
5 
government programs and projects that support ICCAs.
6 
SEC. 22. Engagement w ith the Private Sector and Civil Society to
1 
Recognize ICCAs. -T h e  ICCs/IPs, the NCIP and the DENR shall actively engage
8 
and collaborate with the private sector and the civil society in raising public
9 
awareness and recognition of ICCAs, and in obtaining specialized assistance and
10 
service, subject to the EPIC requirements of the concerned ICCs/IPs. 
Public
11 
participation in the protection, conservation, and sustainable use ICCAs, especially
12 
at the local level, shall be encouraged to maximize conservation and community
13 
benefits.
14 
CHAPTER V
15 
INCENTIVES
16 
SEC. 23. Incentive Scheme. -ICCAs listed in the Registry shall be prioritized
17 
for biodiversity conservation, forest cover, protection of ancestral waters, and as
18 
reforestation project sites. Where appropriate and available, government financial
19 
institutions and other government agencies shall provide financial and technical
20 
assistance to ICCs/IPs for the protection and promotion of their registered covered
21 
territories and areas, particularly in the establishment and impiementation of
22 
payment schemes for ecosystem services provided by the ICCAs.
23 
In all cases, the rights, interests and weil-being of the ICCs/IPs shall be of
24 
paramount concern.
25 
SEC. 24. Sustainable Livelihoods. -T h e  NCIP, the DENR, and other relevant
26 
government agencies shall support sustainable livelihood opportunities, including
27 
biodiversity-friendly livelihoods that are identified and defined by ICCs/IPs
28 
consistent with traditional practices and resource use that contribute to the
29 
sustainable use and proper management of the ICCAs.
13


1 
CHAPTER V I
2 
PENAL PROVISIONS
3 
SEC. 25. Prohibited Acts. -  It shall be unlawful for any person to commit the
4 
following acts within the ICCAs:
5 
(a) 
Establishing heavy industries such as non-ferrous metal
6 
industries, iron and steel mills, petroleum and petro-chemical industries
7 
including oil and gas, and smelting plants;
8 
(b) 
Establishing resource extractive industries such as exploration,
9 
extraction and development of mining and quarrying projects, forestry
10 
projects 
including 
logging, 
and 
major wood 
processing 
projects;
11 
introduction of fauna, exotic animals, forest occupancy, extraction of
12 
mangrove products, grazing, fishery projects like dikes or fishpond
13 
development projects;
14 
(c) 
Building infrastructure projects such as major dams, major
15 
power plants including fossil-fueled, nuclear fueled, hydroelectric or
16 
geothermal, major reclamation projects, major roads and bridges;
17 
(d) 
Building golf course projects;
18 
(e) 
Using or intruding on any portion of the ICCA for any
19 
authorized or unlawful purpose;
20 
(f) 
Conducting mineral exploration, extraction, and development,
21 
quarrying and other destructive forms of natural resource exploitation,
22 
development, and utilization;
23 
(g) 
Logging by non-members of the IP community;
24 
(h) 
Mutilating, defacing, removing, or otherwise destroying
25 
objects that have cultural, spiritual or ecological significance to ICCs/IPs;
26 
(i) 
Dumping of waste products detrimental to flora and fauna;
27 
0  
Squatting, mineral locating, or otherwise occupying any land
28 
declared as ICCA;
29 
(k) 
Using any motorized equipment, except of enhancing
30 
traditional resource rights;
14


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4
5
6
1
8
9
10
11
12
13
14
15
16
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19
(l) 
Altering, removing destroying or defacing boundary marks or
signs;
(m) Constructing or maintaining any kind of structure, fence or 
enclosures;
(n) 
Fishing through the use of explosives, noxious or poisonous 
substance or electricity;
(o) 
Gathering, selling, possessing, transport or sale of corals;
(p) 
Gathering, selling or exporting sand, silica, pebbles and any 
other substances used as marine habitat;
(q) 
Converting mangroves into fishponds or for any other 
purposes;
(r) 
Fishing or taking for commercial purposes rare, threatened or 
endangered species listed in the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (CUES) or those determined 
as such by the Bureau of Fisheries and Aquatic Resources (BFAR), and by 
the Biodiversity Management Bureau of the DENR;
(s) 
Generating aquatic pollution; and
(t) 
Converting ICCAs into industrial land use and special economic
zones.
20 
SEC. 26. Penalties. -  Any individual, corporation, partnership, association or
21 
juridical entity who commits any of the prohibited acts enumerated under Section
22 
25 of this Act shall upon conviction, be punished by imprisonment of not less than
23 
six months but not more than six (6) years or a fine of not less than Fifty thousand
24 
pesos (P50,000.00) but not more than Fifty million pesos (P50,000,000.00) or
25 
both, at the discretion of the court.
26 
The offender, upon conviction, shall also provide restitution commensurate
27 
to the cost of the destroyed ecosystem and the cost of rehabilitation of the
28 
ecosystem as agreed upon with the ICCs/IPs.
29 
If the offender is a government official or employee, the offender shall, in
30 
addition to imprisonment and fine, be perpetually disqualified to hold public office.
15


1 
Any object and instrumentality used in committing any of the prohibited
2 
acts under Section 25 of this Act shall be confiscated and forfeited in favor of the
3 
government.
4 
If the offender is a juridical entity, the penalty of imprisonment and fine
5 
shall be imposed upon its manager, director, representative or employee
6 
responsible for the violation without prejudice to the cancellation or revocation of
7 
the license or accreditation of the offender, issued by any licensing or accredited
8 
body of the government.
9 
If the offender is an alien, the offender shall be deported immediately after
10 
service of the sentence.
11 
The prosecution of offenses under Section 25 of this Act shall be without
12 
prejudice to any liability for violation of Republic Act No. 8371, as amended,
13 
otherwise known as the "Indigenous Peoples' Rights Act o f1997"or other criminal
14 
and civil liabilities under existing laws.
15 
CHAPTER V II
16 
FINAL PROVISIONS
17 
SEC. 27. 
Annual Report. -  The Chairperson of the NCIP shall submit to the
18 
President of the Philippines and to the Congress an annual progress report on the
19 
implementation of this Act. The report shall be posted in the website of the NCIP.
20 
SEC. 28. Construction. -T h e  provisions of this Act shall be construed liberally
21 
in favor of ICCs/IPs and in the protection and conservation of biodiversity.
22 
SEC. 29. Appropriations. -  The amount necessary to cover the initial
23 
implementation of this Act shall be charged against the current year's
24 
appropriations of the concerned departments/agency. Thereafter, such sums as
25 
may be necessary for its continued implementation shall be included in the annual
26 
General Appropriations Act.
27 
SEC. 30. Im plem enting Rules and Regulations. -  Within ninety (90) days
28 
from the approval of this Act, the Chairperson of the NCIP and the Secretary of
29 
the DENR shall, in consultation with appropriate government agencies and with
30 
the full participation of ICCs/IPs, issue the necessary rules and regulations for the
31 
effective implementation of this Act.
16


1 
SEC. 31. Separability Clause. -  If any part or provision of this Act is declared
2 
invalid or unconstitutional, the remaining parts or provisions not affected shall
3 
remain in full force and effect.
4 
SEC. 32. Repealing Clause. -  All laws, decrees, orders, rules and regulations
5 
and other issuances, or parts thereof, which are inconsistent with the provisions
6 
of this Act are hereby repealed or modified accordingly.
7 
SEC. 33. Saving Clause. —This Act shall not in any manner adversely affect the
8 
rights and benefits of the ICCs/IPs under RA 8371, conventions, recommendations,
9 
international treaties, national laws, awards, customs and agreements.
10 
SEC. 34. Effectivity. -  
This Act shall take effect fifteen (15) days after its
11 
publication in the Official Gazette or in a newspaper of general circulation.
12 
Approvedf
17