NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHIUPPINES 
First Regular Session
SENATE
862
peltate
of the r.’ctarp
•22 JUL25 P 2 *11
RPCElVtO SV;
S. Mo.
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
PROMOTING AND SAFEGUARDING COMMUNITY INTELLECTUAL RIGHTS 
(CIR) OF INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS 
PEOPLES
EXPLANATORY NOTE
The Philippines is home to around 14 to 17 million indigenous peoples (IPs) 
who belong to one hundred and ten (110) ethno-linguistic groups. With their unique 
traditions, cultures and practices, they have been set apart from the conventional 
world and away from the mainstream society. Part of the many struggles of the IPs 
is protecting their traditional cultural heritage - their artistic expressions (writings, 
songs, performance, etc.), traditional arts and crafts, to name a few.
Article II, Section 22 of the Philippine Constitution declares that, "The State 
recognizes and promotes the rights of indigenous cultural communities within the 
framework of national unity and development./, Further, Article XIV, Section 17 
states that, "The State shall recognize, respect, and protect the rights of indigenous 
cultural communities to preserve and develop their cultures, traditions and 
institutions. It shall consider these rights in the formulation of national plans and 
policies."
Along this constitutional mandate. Republic Act No. 8371, otherwise known as 
"The Indigenous Peoples Rights Act of 1997" was enacted to recognize, protect and
promote the rights of Indigenous cultural communities and indigenous people.
1


However, the law does not provide fc*r specific provision for the protection of their 
cultural properties^
Traditional cultural heritage, whether tangible or intangible, is a vital right of 
indigenous communities, which must be respected and protected. This is the 
objective of the proposed "Community Intellectual Rights of Indigenous Cultural 
Communities / Indigenous Peoples Act".
Through the National Comnriission for Culture and the Arts, National Museum, 
National Commission on Indigenous Peoples, and the local government units, this bill 
shall create a comprehensive cultural archive, which shall organize and provide an 
inventory of ail cultural properties of the different ethno-lingulstic groups of the 
Philippines. This bill also mandates the payment of royalties for the use of cultural 
property of the Indigenous groups.
To prevent possible abuses on the exploitation of our IPs' cultural heritage, 
this bill will be a source of their traditional intellectual property using the standards 
of the conventional intellectual property system. This will also fill the gap in the 
legal protection afforded to the works: resulting from traditional knowledge and apply 
the conventional forms of intellectual property like copyright, royalty, and ownership.
This measure was filed by Representative Loren B. Legarda and was 
deliberated upon by the House Committee on Indigenous Cultural Communities and 
Indigenous Peoples.
In view of the foregoing^ the Immediate passage of this bill is highly 
recommended.
RAMO^BONG REVILLA, 3R.


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHIQPPINES 
)
First Regular Session 
)
SENATE
s.No. 862
gjfuate 
of tl)p
*22 JUL25 P 2 :11
RIXEIVEOBV;
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROMOTING AND SAFEGUARpiNG COMMUNITY INTELLECTUAL RIGHTS 
(CIR) OF INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS 
PEOPLES
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the " Community Intellectual
2 
Rights of Indigenous Cultural Communities / Indigenous Peoples Act'.
3 
Sec. 2. Declaration of Principles and Policy. - It shall be a declared policy of the
4 
State to recognize, respect, protect, and safeguard the traditional cultural heritage of
5 
indigenous cultural communities/indigenous peoples (ICCs/IPs), both tangible and
6 
intangible; preserve and protect their culture, traditions and institutions; and to
7 
recognize and support traditional knowledge (TK), traditional arts and artisans for their
8 
contribution to their cuitures, national I iOritage, and social and economic development.
9 
Towards this end, the state shall take measures to protect and guarantee
10 
respect for the cultural integrity of ICCs/IPs, and their right to practice and revitalize
11 
their own cultural traditions and customs. The State shall preserve, protect, and
12 
develop the past, present, and future manifestations of their cultures as well as the
13 
right to the restitution of cultural, intellectual, religious, and spiritual property taken
14 
without their free, prior and informed consent (FPIC) or in violation of their laws,
15 
traditions, and customs.


1 
Sec. 3. Definition of Terms. — For purposes of this Act, the following terms
2 
shall be defined as follows:
3 
a) Commission shall refer to the National Commission on Indigenous
4 
Peoples (NCIP);
5 
b) Community Intellectual Rights shall refer to the rights of indigenous
6 
cultural communities/indigenous peoples (ICCs/IPs) to own, control,
7 
develop, protect, and enjoy their Indigenous knowledge or creative
8 
intellectual activity and their manifestations, such as but not limited to:
9 
1. archeological and liistorical sites, artifacts, ceremonies, oral
10 
traditions, visual and performing arts and literature, as well as
11 
religious and spiritual properties;
12 
2. science, technologies, human and other genetic resources. Including
13 
derivatives of these resources, seeds, medicines, health practices,
14 
vital medicinal plants, animals and minerals, resource management
15 
systems, agricultural technologies, knowledge of the properties of
16 
fauna and flora, scientific discoveries; and,
17 
3. language, script, histories, and teaching and learning systems;
18 
which are distinctively associated with and integral to the cultural and social
19 
identity of the ICCs/IPs or groups of ICCs/IPs generated, preserved, and
20 
transmitted from one generation to another either orally or by practice, and are
21 
constantly evolving, developing, and being recreated within the community, and
22 
such other new indigenous knowledge or creative intellectual activity which are
23 
identifiable and adopted as community owned.
24 
c) Cultural agencies shall refer to the following national government
25 
agencies with their specific areas of responsibility: National Commission
26 
for Culture and the Arts (registry of cultural property); National Museum
27 
of the Philippines (inventory); National Library of the Philippines (books);
28 
Natiorval Historical Commission of the Philippines (Philippine history);
29 
National Archives of the Philippines (documents); Cultural Center of the
30 
Philippines (culture and arts); and Komisyon sa WIkang Filipino
31 
(language);


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
d) Derivative shall refer to any naturally occurring biochemical compound 
resulting from the genetic resources or metabolism of biological or 
genetic resources even If It does not contain functional units of heredity;
e) Derivative workshdW refer to the infusion or incorporation of variations 
on a coriimunity intellectual right that would result in a derivative work 
or craft, which is one that is primarily a new work, but incorporates 
preexisting works or previously published material. A derivative work 
must be different enough from the original to be regarded as a "new 
work," or must contain a substantial amount of new material. Making 
minor changes or additions of little substance to a pre-existing work will 
not qualify the work as a new version;
f) Genetic materiaishd\\ refer to any material of plant, animal, microbial or 
other origin containing functional units of heredity;
g) Genetic resources s\\d\\ tefer to genetic material of actual or potential 
value;
h) Misappropriation shall refer to any access or use of community 
intellectual rights of the indigenous peoples or indigenous cultural 
communities without their free, prior and informed consent or approval 
and involvement and, where applicable, without mutual agreed terms, 
for whatever purpose, be it commercial, research, academic, and 
technology transfer, in violation of customary law and established 
practices governing the access or use of such community intellectual 
rights;
i) Misuse shall refer to any act wherein the user had secured prior consent 
from the ICCs/IPs for the use of the community intellectual rights, 
however, the same is used in a manner violative of customary laws and 
established practices, or those contrary to or beyond what was agreed 
upon;
j) Registry shdW refer to the registry of community intellectual rights to be 
established and managed by the Commission;
k) Royaity shall refer to the fair and equitable sharing of benefits as 
provided in the mutually agreed terms (MAT) in the memorandum of


1 
agreement (MOA) after the conduct of the FPIC process or to the
2 
payment to the owner of the registered cultural property for the right to
3 
use their property;
4 
i) Traditional Knowledge s\\d\\ refer to knowledge originating from ICCs/IPs
5 
that may be dynamic and evolving and is the result of intellectual
6 
activity, experiences, spiritual means, or insights in or from a traditional
7 
context, which may be connected to land and environment, including
8 
know-how, skills, innovations, practices, teaching or learning; and
9 
m) Traditional Cultural Expressions shall refer to any form in which
10 
traditional culture practices and knowledge are expressed by ICCs/IPs,
11 
in or from a traditional context, and may be dynamic and evolving and
12 
comprise verbal forms, musical forms, expressions by movement,
13 
tangible or intangible forms of expression, or combinations thereof;
14 
Sec. 4. Coverage of Protection. - The ICCs/IPs shall have full ownership,
15 
control, and protection from misappropriation, misuse, and false designation of origin
16 
of the community intellectual rights of ICCs/IPs, and they shall have the right to the
17 
restitution of cultural. Intellectual, religious, and spiritual property taken without their
18 
free, prior and informed consent or in violation of their laws, traditions, and customs.
19 
The protection of the community intellectual rights of the ICCs/IPs shall also cover
20 
their economic and moral interests to be enumerated in the implementing rules and
21 
regulations of this Act.
22 
Sec. 5. Implementing Body. —The National Commission on Indigenous Peoples
23 
(NCIP) shall implement the provisions of this Act.
24 
Sec. 6. Promotion of Community Intellectual Rights. - The Commission shall
25 
undertake activities to promote intellectual rights of ICCs/IPs, including building the
26 
capacity of ICCs/IPs to enhance the protection and management of their rights.
27 
Sec. 7. Registry. - The Commission shall establish and maintain a registry in
28 
which Indigenous knowledge systems and practices (IKSPs) shall be registered for the
29 
purpose of this Act and which shall be recorded in the order of their registration.
30 
The registration of community intellectual rights shall be filed before the
31 
nearest NCIP Office. The application for registration shall contain the pertinent


1 
information necessary for examination of the community intellectual rights which shall
2 
include but not limited to the following information:
3 
a) Identity of ICCs/IPs community intellectual right holder;
4 
b) Location;
5 
c) Detailed description of the community intellectual right registered;
6 
d) Disclosure of agreements/partnerships with private or public
7 
Individuals/entities for the use of their community intellectual rights, if
8 
any.
9 
Enrollment of community Intellectual rights In the Registry shall be prima facie
10 
evidence of community intellectual rights of the ICCs/IPs.
11 
The State recognizes the existence of community Intellectual rights of ICCs/IPs
12 
without need of prior approval from any licensing agency or other undertaking,
13 
including registration.
14 
Sec. 8. Coordination by the NCIP with the NCCA and IPOPHL on the Registry of
15 
Community Inteiiectuai Rights, Cuiturai Property, and Inteliectuai Property Rights. -
16 
The Commission, together with the National Commission for Culture and the Arts and
17 
the IPOPHL shall establish a system of coordination that will be consistent with the
18 
policy of this Act, including the strearrJining of the procedures for the registration of
19 
community intellectual rights. They may jointly or individually promulgate the
20 
appropriate mechanisms to ensure the effective implementation of the policies and
21 
objectives of this Act, and they shall undertake activities geared toward building the
22 
capacity of ICCs/IPs to enhance the protection and management of their community
23 
intellectual property rights.
24 
Sec. 9. Period of Ownership. -The community intellectual rights of ICCs/IPs
25 
shall continue indefinitely to be their exclusive intellectual right and shall not expire
26 
and shall not become part of the public domain.
27 
Sec. 10. Original Rights of Ownership. - Though the State recognizes the
28 
dynamic evolution of community intellectual rights, the ICCs/IPs shall retain these
29 
intellectual rights as well as derivative works.
30 
Sec. 11. Royaities. -The concerned ICCs/IPs are entitled to royalties and other
31 
benefits as may be negotiated by the parties. When the community Intellectual rights


1 
are used commercially, the royalty payment due the concerned ICCs/IPs shall, In no
2 
case, be less than five percent (5%) of the gross proceeds of the sale.
3 
Sec. 12. Free, Prior and Informed Consent (FPIC). - The use of ICCs/IPs
4 
community intellectual rights shall be governed by the provisions of Republic Act No.
5 
8371 or the Indigenous Peoples Rights Act of 1997, its Implementing Rules and
6 
Regulations, and guidelines on Free, Prior and Informed Consent.
7 
Sec. 13. Role of Government Agencies and Local Government Units. - All
8 
government agencies, government-owned and controlled 
corporations, public
9 
educational Institutions, local government units (LGUs) and other entities shall
10 
endeavor to promote ICCs/IPs community intellectual rights. They shall endeavor to
11 
develop, produce and publish information education campaign materials on
12 
community intellectual rights, the importance of registration, and the prohibited acts
13 
under this Act.
14 
For this purpose, all national government agencies and LGUs shall allocate
15 
funds for the implementation of programs, projects and activities that will recognize,
16 
respect, promote and protect the rights of the ICCs/IPs, Including the protection and
17 
promotion of their community Intellectual rights pursuant to IPRA and this Act.
18 
Sec. 14. Prohibited Acts. - Under this Act, the following are prohibited:
19 
a) Misappropriation - any access, infringement, 
copying, or use of
20 
community Intellectual rights of the Indigenous cultural
21 
communities/indigenous peoples without their free, prior and informed
22 
consent or approval and involvement and, where applicable, without
23 
mutual agreed terms, for whatever purpose, be it commercial, research,
24 
academic, and technology transfer.
25 
b) Misuse - any act wherein the user had secured prior consent from the
26 
ICCs/IPs for the use of the community Intellectual rights, however, the
27 
same is used in a manner violative of national laws or customary laws
28 
known to the user, and established practices, or those contrary to or
29 
beyond what was agreed upon during the FPIC process.
30 
c) False Designations of Origin - any act which will likely cause confusion
31 
or mistaKe, or cause deception as to the affiliation, connection, or


1 
association of such IGCs/IPs IKSPs, including but not limited to the
2 
following:
3 
1. false designation of ati origin, false or misleading description of fact,
4 
or false or misleading representation of fact; and,
5 
2. Misrepresentation of the nature, characteristics, qualities, or
6 
geographic origin of an ICCs/IPs' IKSP.
7 
Sec. 15. Limitations on Community Inteiiectuai Rights. - Notwithstanding the
8 
protection given to the community inteiiectuai right of ICCs/IPs, the following shall not
9 
be prohibited:
10 
a) Government use in cases of national emergencies, national security,
11 
health, or the development of vital sectors in the national economy as
12 
determined by the National Economic and Development Authority
13 
(NEDA); and,
14 
b) Acts necessary to address the needs of non-commercial use, including
15 
teaching and research for educational purposes, personal or private use,
16 
criticism or review, reporting of current events, use in the course of legal
17 
proceedings, the making of recordings and reproductions of traditional
18 
knowledge or cultural expressions for inclusion in an archive or inventory
19 
exclusively for the purposes of safeguarding knowledge or cultural
20 
heritage, and incidental uses.
21 
Provided, That the relevant community’s customary laws, protocols, and
22 
practices will be considered and the relevant community shall be acknowledged as
23 
the source of the traditional knowledge or cultural expressions: Provided further,
24 
That in researches affecting the ICCs/IPs, their IKSPs including their community
25 
intellectual right and their ancestral domains of which the ICCs/IPs themselves are
26 
the primary source of data shall require consultations with the relevant ICCs/IPs,
27 
including undertaking acts to obtain the free, prior and informed consent: Provided,
28 
finaiiy. That these acts do not conflict with the interests of, or are not derogatory
29 
to, the ICCs/IPs and do not unduly prejudice the implementation of the rights of
30 
ICCs/IPs.
31 
Sec. 16. Penaities.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
A. For Administrative Penalties. - After the conduct of a formal Investigation 
and following due process, the Commission, may impose one (1) or more 
of the following administrative penalties:
a) Issuance of a cease-and-desist order which shall specify the acts that 
the respondent shall cease and desist from and shall require him to 
submit a compliance report within a reasonable time which shall be 
fixed in the Order;
b) The acceptance of a voluntary undertaking of compliance or 
discontinuance as may be imposed;
c) The condemnation or seizure of products which are subject of the 
offense. The goods seized hereunder shall be disposed of in such 
manner as may be deemed appropriate by the Commission;
d) The forfeiture of paraphernalia and all real and personal properties 
which have been used in the commission of the offense;
e) The imposition of administrative fines in such amount as deemed 
reasonable by the Commission;
f) The cancellation of any permit, license, authority, or registration 
which may have been granted by the Commission, or the suspension 
of the validity thereof for such period of time as the Commission may 
deem reasonable;
g) The withholding of any permit, license, authority or registration 
which is being secured by the respondent from the Commission;
h) The assessment and award of damages;
i) Censure;
j) Other analogous penalties or sanctions.
B. For criminal penalties. - Independent of the civil and administrative 
sanctions imposed by law, any person found guilty in a criminal action 
for violating any provisions of this Act, shall be imprisoned for not less 
than nine (9) months but not more than nine (9) years or a fine of not 
less than One hundred thousand pesos (P100,000) nor more than Five 
hundred thousand pesos (P500,000) or both such fine and imprisonment 
upon the discretion of the court.


1 
C. If a person is found to have committed any of the prohibited acts and is
2 
found to be in good faith, or one who is considered as an innocent
3 
infringer, the community intellectual rights holders shall be entitled as
4 
against such Infringer to an injunction against future use, payment of
5 
reasonable damages, and/or such other sanctions provided In this Act.
6 
Sec. 17. Administrative Adjudication of Cases in Vioiation of This Act - The
7 
Commission, in addition to the jurlsdiccion and enforcement powers given to it under
8 
Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997, shall have the
9 
following functions and powers to adjudicate administrative cases in violation of this
10 
Act:
11 
a) Exercise original jurisdiction over complaints for violations of the
12 
community intellectual rights of the ICCs/IPs;
13 
b) Issue a cease-and-desist order which shall specify the acts that the
14 
respondent shall cease and desist from and shall require the respondent
15 
to submit a compliance report within a reasonable time which shall be
16 
fixed in the order;
17 
c) Issue such other provisional remedies as provided under the Rules of
18 
Court;
19 
d) After a formal investigation and following due process, issue appropriate
20 
sanctions and penalties for the violation of community intellectual rights.
21 
The Commission shall promulgate the rules and procedures to govern the
22 
adjudication of violations of commuhity intellectual rights of ICCs/IPs.
23 
Sec. 18. Administrative Decisions or Orders of the Commission. - The final
24 
decision or order of the Commission shall be immediately executory even pending
25 
appeal. The process of appeal in the Commission in the adjudication of administrative
26 
complaints involving community intellectual rights (CIRs) shall be provided in the rules
27 
of procedure.
28 
Sec. 19. Criminal Action for Community Intellectual Rights Vioiation. - If the
29 
prohibited acts are repeated by the violator or by anyone in connivance with him, the
30 
offenders shall, without prejudice to the institution of a civil and administrative action
31 
for damages, be criminally liable therefor. However, if the act committed Is done with
32 
malice, the element of repetition is not required to institute the criminal action.


1 
The criminal action shall be filed with the proper court. The offense shall be
2 
prescribed in five (5) years from date of the commission thereof.
3 
Sec. 20. Correction of Mistaken of the Commission. - The Commission shall
4 
have the power to correct, without fee, any mistake in the entry of data during the
5 
community intellectual rights processing of registration incurred through the fault of
6 
the Commission when clearly disclosed in the records thereof, to make the community
7 
intellectual rights application and registration conform to the records.
8 
Sec. 21. Correction of Mistake in the Appiication. - On request of any interested
9 
person and payment of the prescribed fee, the Commission is authorized to correct
10 
any mistake in the community intellectual rights application of a formal and clerical
11 
nature, not incurred through the fault of the Commission.
12 
Sec. 22. Creation of Offices and Piantiiia Positions. - The Commission shall
13 
create offices and corresponding piantiiia positions necessary for the implementation
14 
of the provisions of this Act.
15 
Sec. 23. Appropriations. —For the initial implementation of this Act, the amount
16 
of Fifty million pesos (Php50,000,000.00) is hereby appropriated and shall be sourced
17 
from the President's Contingent Fund. Funds for the succeeding years shall be
18 
included in the General Appropriations Act.
19 
Sec. 24. Impiementing Ruies and Reguiations (IRR). - The Commission, in
20 
consultation with other cultural agencies. Intellectual Property Office of the Philippines
21 
(IPO-PHIL), the Palav/an Council on Sustainable Development, the Department of
22 
Environment and Natural Resources, the Department of Agriculture, the Philippine
23 
Institute of Traditional and Alternative Health Care (PITAHC), civil society
24 
organizations, and other relevant government agencies, shall promulgate the IRR of
25 
this Act, including, but not limited to CIR belonging to several ICCs/IPs, mechanisms
26 
for the registry, positive and defensive protection of CIR, treatment of derivative
27 
works, validation, dispute settlement/resolution, and rules of procedure, within one
28 
hundred and twenty (120) days after the effectivity of this Act.
29 
Sec. 25. Repeaiing Ciause. -The provisions of existing laws, to the extent that
30 
they are inconsistent with this Act, are hereby repealed or amended accordingly.
10


1 
Sec. 26. Separability Clause. - If, for any reason, any part or provision of this
2 
Act is declared invalid or unconstitutional, the parts or provisions not affected thereby
3 
shall remain in full force and effect.
4 
Sec. 27. Effectivity. —This Act shall take effect fifteen (15) days following its
5 
publication in the Official Gazette or in two (2) newspapers of general circulation,
6 
whichever comes first.
Approved,
11