NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
Senate
of tijf *inrrtiir/)
*» OCT 19 F3 38
RECEIVED BY;
SENATE
S.B. No. 1 399
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
RECOGNIZING THE INDIGENOUS CULTURAL COMMUNITIES AND 
INDIGENOUS PEOPLES (ICCs/IPs) 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 
Bill 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 ~
Senator


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
Senate
m)
*2 OCT 19 P3 38
SENATE
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
RECOGNIZING THE INDIGENOUS CULTURAL COMMUNITIES AND 
INDIGENOUS PEOPLES (ICCs/IPs) 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 of Representatives of 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 and
5 
Areas (ICCA) Act.
6 
Sec. 2. Declaration of Policy. - In accordance with the Philippine Constitution,
7 
Republic Act (RA) No. 8371, otherwise known as the "Indigenous Peoples Rights Act of
8 
1997" (IPRA), and the United Nations Declaration on the Rights of Indigenous Peoples
9 
(UNDRIP), it is the policy of the State to recognize, promote, and protect the rights of
10 
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), particularly to their
11 
ancestral domains.
12 
The State also recognizes the existing customary and traditional governance by
13 
ICCs/IPs of their ancestral domains and lands as an effective measure of conserving key
14 
biodiversity areas. Through this recognition, the State acknowledges the significant
15 
contribution of ICCs/IPs to the country's efforts in environmental protection, biodiversity
16 
conservation and in promoting the community resilience.
17 
Towards this end, the State shall adopt measures to recognize and respect the
18 
designation, and declaration of ICCs/IPs of their conserved areas within their ancestral
19 
domains and promote their rights to manage, maintain, and develop the natural resources
20 
and apply their indigenous knowledge systems and practices within these areas under
21 
their indigenous political structures and traditional governance systems.
1


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For this purpose, a national registry for all ICCs/IPs conserved territories and areas
2 
shall be established to be the repository of information on these conserved territories and
3 
areas.
4 
Sec. 3. Definition of Terms. - As used in this Act, the following terms shall mean:
5 
(a) Ancestral Domains - all areas generally belonging to ICCs/IPs
6 
comprising lands, inland waters, coastal areas, and natural resources therein, held
7 
under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or
8 
through their ancestors, communally or individually since time immemorial,
9 
continuously to the present except when interrupted by war, force majeure or
10 
displacement by force, deceit, stealth or as a consequence of government projects
11 
or any other voluntary dealings entered into by government and private
12 
individuals/corporations, and which are necessary to ensure their economic, social
13 
and cultural welfare. It shall include ancestral lands, forests, pasture, residential,
14 
agricultural, and other lands individually owned whether alienable and disposable
15 
or otherwise, hunting grounds, burial grounds, worship areas, bodies of water,
16 
mineral and other natural resources, and lands which may no longer be exclusively
17 
occupied by ICCs/IPs but from which they traditionally had access to for their
18 
subsistence and traditional activities, particularly the home ranges of ICCs/IPs who
19 
are still nomadic and/or shifting cultivators;
20 
(b) Ancestral Domains Sustainable Development and Protection Plan
21 
(ADSDPP) - the consolidated plans of ICCs/IPs for the sustainable management
22 
and development of their land and natural resources within their ancestral domain
23 
as well as the development of human and cultural resources based on their
24 
indigenous knowledge, systems and practices. Such plan shall be the basis of the
25 
Five Year Master Plan for ICCs/IPs;
26 
(c) Ancestral Lands - lands occupied, possessed and utilized by
27 
individuals, families and clans who are members of the ICCs/IPs since time
28 
immemorial, by themselves or through their predecessors-in-interest, under claims
29 
of individual or traditional group ownership, continuously, to the present except
30 
when interrupted by war, force majeure or displacement by force, deceit, stealth,
31 
or as a consequence of government projects and other voluntary dealings entered
32 
into by government and private individuals/corporations, including, but not limited
33 
to, residential lots, rice terraces or paddies, private forests, swidden farms and
34 
tree lots;
35 
(d) Assisting organization - an organization known to the community and
36 
with a good track record of respect for customary laws and self-determination
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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 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 (ECAs).
(j) 
Indigenous Cultural Communities/Indigenous Peoples (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
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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 poiitical, 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 aii 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 
ancestrai domains;
(k) 
Indigenous Knowledge Systems and Practices (IKSPs) — the systems, 
institutions, mechanisms, and technoiogies comprising a unique body of 
knowledge evolved through time that embody patterns of reiationships between 
and among peopies and between peoples, their lands and resource environment, 
including such spheres of reiationships which may include social, political, cultural, 
economic, religious spheres, and which are the direct outcome of the indigenous 
peoples, responses to certain needs consisting of adaptive mechanisms which have 
allowed indigenous peoples to survive and thrive within their given socio-cultural 
and biophysical conditions;
(l) 
Key Biodiversity Areas (KBAs) - the sites of global significance for 
biodiversity conservation identified using globally standard criteria and thresholds, 
based on the needs of biodiversity requiring safeguards at the site scale. These 
criteria are based on the framework of vulnerability and irreplaceability widely used 
in systematic conservation planning;
(m) NationalICCA Registry- the national information management system 
that contains records on pertinent information on ICCAs;
(n) 
Native Title - pre-conquest rights to lands and domains which, as far 
back as memory reaches, have been held under a claim of private ownership by 
ICCs/IPs, have never been public lands and are thus indisputably presumed to 
have been held that way since before the Spanish Conquest;
(o) 
Sustainable traditional resource rights (STRRs) - the rights of ICCs/IPs 
to sustainably use, manage, protect and conserve a) land, air, water, and minerals; 
b) plants, animals and other organisms; c) collecting, fishing and hunting grounds;


1 
d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in
2 
accordance with their indigenous knowledge, beliefs, systems and practices.
3 
Sec. 4. Scope and Coverage. - This Act shall apply to all ancestral domains and
4 
lands, whether held by native title or formally recognized under a Certificate of Ancestral
5 
Domain Title or Certificate of Ancestral Land Title issued under Republic Act No. 8371.
6 
It shall also apply to ancestral domains and lands within national parks or protected
7 
areas under Republic Act No. 7586, as amended by Republic Act No. 11038, otherwise
8 
known as the "Expanded National Integrated Protected Areas System Act of 2018
9 
(ENIPAS Act)., otherwise known as the "National Integrated Protected Areas System
10 
(NIPAS) Act of1992".
11
12 
CHAPTER II
13 
INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS PEOPLES
14 
CONSERVED TERRITORIES AND AREAS (ICCAs)
15
16 
Sec. 5. Guiding Principles. - The following are guidelines in recognizing the
17 
Indigenous Cultural Communities and Indigenous Peoples Conserved Territories and
18 
Areas (ICCAs):
19 
(a) The rights to land and self-determination include the full recognition
20 
of the traditional resources, rights and practices of ICCs/IPs, as well as their right
21 
to access, maintain, protect, conserve, regulate ICCAs and exclude unauthorized
22 
intrusion into these areas;
23 
(b) The primacy of customary laws and indigenous knowledge systems
24 
and practices (IKSPs) in the governance and management of ICCAs shall be
25 
recognized and respected;
26 
(c) The ICCs/IPs shall govern their conserved territories and areas and
27 
ensure the preservation, restoration, and maintenance of ecological balance and
28 
biodiversity therein with the assistance of government agencies;
29 
(d) The ICCAs shall be considered in the formulation of national, regional
30 
and local policies, plans and programs; and
31 
(e) The ICCs/IPs shall receive fair and equitable share in the benefits
32 
derived from the ecosystem services provided by ICCAs and other activities as
33 
authorized by the ICCs/IPs themselves.
34 
Sec. 6. Recognition of ICCAs. - The ICCs/IPs shall define and declare the
35 
conserved areas within their ancestral domains and lands in accordance with their
36 
indigenous political structures, cultures and traditions.
5


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The declaration of ICCAS shall be respected as an exercise of the self-governance,
2 
self-determination and sustainable traditional resource rights of the ICCs/IPs. It shall be
3 
recognized by all national agencies and local government units (LGUS) as another
4 
category of protected areas that are owned, controlled, governed and managed by
5 
ICCs/IPs themselves. The ICCAs shall be subject to the provisions of this Act.
6 
For purposes of this Act, all ICCAs shall be considered as environmentally critical
7 
areas. The requirement of free and prior informed consent (FPIC) shall be strictly
8 
complied with to undertake allowable activities within the ICCAs.
9 
No provision in this Act granting or recognizing the rights and privileges of ICCs/IPs
10 
in the ICCAs shall be construed to diminish their rights and privileges in non-ICCA areas
11 
of the ancestral domains or lands.
12 
Sec. 7. Protection of ICCAs. - The ICCAs shall be reserved for the exclusive use of
13 
ICCs/IPs exercising their sustainable traditional resource rights. Activities that are not
14 
included as sustainable traditional resource rights and activities by a person who is not a
15 
member of ICCs/IPs may only be allowed within the ICCAs, Provided, That the activities
16 
are:
17 
(a) Permitted by the ICCs/IPs in accordance with customary laws;
18 
(b) Consistent with their cultural and spiritual values;
19 
(c) Compatible with conservation concepts; and
20 
(d) Not among the prohibited acts enumerated in Section 25 of this Act.
21 
Sec. 8. Environmental Impact Assessment (EIA) system. - All projects within or
22 
outside the ICCA that have potential adverse impacts on the conserved territories and
23 
areas are subject to EIA.
24 
The participation of the ICCs/IPs, the National Commission on Indigenous Peoples
25 
(NCIP) and the Department of Environment and Natural Resources (DENR) are required
26 
in the conduct of the EIA of ICCAs.
27 
The customary laws, the IKSPs of the ICCs/IPs and the social acceptability of the
28 
project shall be considered in the assessment.
29 
The EIA should be concluded and reported for consideration during the FPIC
30 
process.
31 
Sec. 9. ICCAs in Key Biodiversity Areas (KBAs). - The ICC/IPs shall govern,
32 
maintain, restore and develop the ICCAs key biodiversity areas (KBAs) in accordance with
33 
their customary laws and in a manner consistent with the sustainable use and
34 
conservation of biodiversity found therein.


1 
Sec. 10. Indigenous Community Conserved Areas Designations. - The designation
2 
by the ICCs/IPs of the ICCA, and the places and components therein, shall be respected,
3 
used and promoted in all official documents.
4
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CHAPTER III
6 
NATIONAL INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS
7 
PEOPLES CONSERVED TERRITORIES AND AREAS REGISTRY
8
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Sec. 11. The Nationai ICCA Registry. - To ensure the availability of official
10 
information on ICCAs, a National ICCA Registry, hereinafter referred to as the "Registry"
11 
is hereby established. The Registry is the official information management system that
12 
contains records of all pertinent information regarding the ICCAs, voluntarily submitted
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by ICCs/IPs. The Registry shall contain the following information:
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(a) Name of the ICCs/IPs;
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(b) A map generated from the deiineation of the ICCAs with the
16 
corresponding technical description;
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(c) Brief description of governance structure;
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(d) Policies on resource use;
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(e) Certificate of Ancestral Domain Title (CADT) and Certificate of Ancestral
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Lands Title," if applicable.
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(f) Relevant portions of the Ancestral Domain Sustainable Development and
22 
Protection Plan (ADSDPP) containing information on the ICCAs; and
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(g) Contact person/s.
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Sec. 12. Operationai Structures of the Registry. - The DENR through the
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Biodiversity Management Bureau (BMB) shall be the main repository and administrator of
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the Registry. It shall organize store and update all information that may be contained in
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the Registry, and shall be responsible for the documentation, administration and
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maintenance of the Registry.
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Ali information and data in the Registry shall be obtained from the ICCs/IPs
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providing who registered and provided such information. The information and data
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submitted shall be considered as part of the community intellectual property rights.
32 
The intellectual property rights of the ICCs/IPs shall be protected and respected.
33 
Sec. 13. Creation of a Steering Committee. - A Steering Committee is created to
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define poiicy, provide directions and perform oversight functions in the administration
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and maintenance of the Registry.
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The Steering Committee shall be composed of the following:
7


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(a) A representative from the DENR;
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(b) A representative from the NCIP;
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(c) A representative from the Department of Interior and Local Government
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(DILG);
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(d) A representative from the Housing and Land Use Regulatory Board
6 
(HLURB);
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(e) A representative from recognized civil society organizations (CSOs); and
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(f) Two (2) representatives from ICCs/IPs.
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Sec. 14. ICCAs Registration. - The ICCs/IPs shall initiate the documentation and
10 
registration of their ICCAs in the Registry with appropriate financial and technical support
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from the NCIP and the DENR or assisting organizations.
12 
If the ICCs/IPs seek the assistance of the NCIP and the DENR in the registration
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of the ICCAs, the following steps shall be undertaken:
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(a) The ICCs/IPs shall request the NCIP to assist in documenting their
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ICCAs;
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(b) The NCIP shall assist the community in documenting the ICCAs with the
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support of the DENR, delineate the same;
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(c) The NCIP shall facilitate the formulation of a Community Conservation
19 
Plan; and
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(d)The NCIP shall submit the documentation of the ICCAs and other
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pertinent documents to the DENR for inciusion in the Registry.
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If the ICCs/IPs undertake the documentation by themseives with the support of
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assisting organizations, the NCIP and the DENR shall verify and affirm the documentation
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and pertinent documents submitted before the ICCAs may be included in the Registry.
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The map, compiete with technical description and a brief description of the natural
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features and landmarks of the ICCAs to be registered and included in the Registry shall
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be posted at the local, provincial and regional office of the NCIP, and shall be published
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in a newspaper of general circulation once a week for two (2) consecutive weeks to allow
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others to file opposition papers within fifteen (15) days.
30 
Sec. 15. Procedure for Delisting from the Registry. - If the ICCs/IPs determined
31 
that the ICCA no longer serves the purpose for which it was defined and declared, the
32 
ICCs/IPs may cause the delisting of the same through a procedure provided in the
33 
Implementing Ruies and Regulations of this Act.
34 
Sec. 16. Inclusion of ICCAs in the LGUs Plan. - The LGUs shali include in their
35 
Regional Physical Framework Plans, Provincial Physical Framework Plans, Comprehensive
36 
Land and Water Use Plans (CLWUP), Community Development Plans (CDP), Forest Land
8


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Use Plans (FLUP), Barangay Development Plans (BDPs), the Ancestral Domains
2 
Sustainable Development and Protection Plan (ADSDPP), and other relevant plans on the
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ICCAs that have been declared and recorded in the Registry by the ICCs/IPs.
4 
Sec. 17. ICCAs within the Protected Areas. - In cases where ICCAs are in the
5 
protected areas established under RA No. 7586 or the NIPAS Act, the ICCs/IPs concerned
6 
shall have the authority to govern, maintain, develop, protect and conserve the areas in
7 
accordance with their customary laws and IKSPs, with financial and technical assistance
8 
from the NCIP, the DENR, LGUs and other concerned government agencies.
9 
A mechanism for coordination and complementation between the indigenous
10 
traditional leadership and governance, the NCIP, the DENR, concerned LGUs and other
11 
government agencies shall be established. The absence of such mechanism shall not in
12 
any way stall, diminish, or suspend the provisions of the preceding paragraph.
13 
Sec. 18. ICCAs Governance. - The ICCAs shall be governed by the ICCs/IPs in
14 
accordance with their customary laws, indigenous knowledge systems and practices,
15 
structures and mechanisms, provided that any co-management with, or relinquishment
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of management by ICCs/IPs, in accordance with Sec. 58 of IPRA, and Sec. 13 of ENIPAS
17 
The application of customary laws, indigenous knowledge, systems and practices,
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structures and mechanisms by the ICCs/IPs within and outside their ICCAs shall be
19 
presumed to be a sustainable traditional resource right (STRR) and shall not be subject
20 
to prior approval or validation by the other government agencies and parties. The burden
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of proof that certain acts or practices are not in accordance with the STRR shall lie with
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the party making the assertion.
23 
Any conflict that may arise within the ICCAs shall be primarily resolved through
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customary laws and traditional conflict resolution mechanisms.
25
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CHAPTER IV
27 
ROLE OF GOVERNMENT AGENCIES
28
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Sec. 19. Roie of the NCIP. - The NCIP shall be the primary government agency
30 
responsible for the full implementation of this Act. It shall protect and promote the
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interest and well-being of the ICCs/IPs in the context of biodiversity conservation and
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community resilience.
33 
The NCIP shall create the Ancestral Domain Protection and Sustainable
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Development Office, and shall receive requests from the ICCs/IPs. It shall coordinate with
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the DENR all activities related to the documentation, community conservation, planning
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and registration of ICCAs.
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It shall provide full and effective financial and technical assistance on the following:
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(a) Capacity building and enhancement in the identification, documentation,
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and recognition of ICCAs;
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(b) Preparation of Community Conservation Plans (CCP), and integrating
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them in the ADSDPP; and
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(c) Interfacing of the ADSDPP into other relevant planning frameworks.
7 
The NCIP shall also be responsible for the verification and affirmation of
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information submitted by ICCs/IPs who undertake the documentation by themselves, for
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inclusion in the Registry of ICCAs.
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The NCIP shall take into account the issues and concerns on ICCA in all
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management planning and decision-making processes of the ICCs/IPs.
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The NCIP shall also be member of the Protected Area Management Board (PAMB),
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as provided in the ENIPAS Act, where ancestral domains and lands overlap with protected
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areas or declared ICCAs.
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The NCIP, through its regional offices, shall have original and exclusive jurisdiction
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over all claims and disputes involving ICCAs; Provided, however, that no such dispute
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shall be brought to the NCIP unless the parties have exhausted all remedies provided
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under their customary laws, provided further that when one of the parties is not a
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member of the ICCs/IPs, traditional conflict resolutions mechanisms shall apply. For this
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purpose, a certification shall be issued by the Council of Elders/Leaders who participated
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in the attempt to settle the dispute that the same has not been resolved, which
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certification shall be a condition precedent to the filing of a petition with the NCIP
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Sec. 20. Role of the DENR. - The DENR shall, upon the formal request of the
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ICCs/IPs, provide financial and technical support for delineation and mapping, and
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biodiversity assessment of ICCA and in the listing or registration of ICCA with the Registry
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and similar global platforms or networks.
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Enforcement of the preventive mechanisms and penal provisions of this Act shall
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also be vested in the DENR.
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The agency shall also take into account the issues and concerns on ICCAs in all
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management planning and decision-making processes of the ICCs/IPs..
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The government shall provide funds for the publication of the ICCAs.
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Sec. 21. Role of Other Government Agencies and LGUs. - Consistent with their
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respective mandates and upon formal request by ICCs/IPs, national government agencies
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and LGUs shall provide financial and technical assistance in building and strengthening
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the capacity of the requesting ICCs/IPs to manage their ICCA.
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The NCIP and the DENR, in partnership with the DILG, shall device an incentive
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scheme for LCDs that will adopt and include ICCAs in the Regional and Provincial Physical
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Framework Plans, Comprehensive Land and Water Use Plans (CLWUP), Community
4 
Development Plan (CDP), Forest Land Use Plan (FLUP) and other relevant plans and
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programs.
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The NCIP and the DENR, in partnership with the Department of Information and
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Communications Technology (DICT) and the Philippine Statistics Authority (PSA), shall
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create or improve on existing data gathering methods for a complete and centralized
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ICCA registry.
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In partnership with the Department of Budget and Management (DBM), the NCIP,
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the DENR, the National Economic Development Authority (NEDA), the Department of
12 
Interior and Local Government (DILG) and the Housing and Land Use Regulatory Board
13 
(HLURB) shall formulate a framework to prioritize national government programs and
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projects that support ICCAs.
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Sec. 22. Engagement with the Private Sector and Civii Society to Recognize ICCAs.
16 
-The ICCs/IPs, the NCIP and the DENR shall actively engage and collaborate with the
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private sector and the civil society in raising public awareness and recognition of ICCAs,
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and in obtaining specialized assistance and service, subject to the FPIC requirements of
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the concerned ICCs/IPs. Public participation in the protection, conservation, and
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sustainable use ICCAs, especially at the local level, shall be encouraged to maximize
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conservation and community benefits.
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CHAPTER V
24 
INCENTIVES
25
26 
Sec. 23. Incentive Scheme. -ICCAs listed in the Registry shall be prioritized for
27 
biodiversity conservation, forest cover, protection of ancestral waters, and as
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reforestation project sites. Where appropriate and available, government financial
29 
institutions and other government agencies shall provide financial and technical
30 
assistance to ICCs/IPs for the protection and promotion of their registered covered
31 
territories and areas, particularly in the establishment and implementation of payment
32 
schemes for ecosystem services provided by the ICCAs.
33 
In all cases, the rights, interests and well-being of the ICCs/IPs shall be of
34 
paramount concern.
35 
Sec. 24. Sustainable Livelihoods. - The NCIP, the DENR, and other relevant
36 
government agencies shall support sustainable livelihood opportunities, including
11


1 
biodiversity-friendly livelihoods that are identified and defined by ICCs/IPs consistent with
2 
traditional practices and resource use that contribute to the sustainable use and proper
3 
management of the ICCAs.
4
5 
CHAPTER VI
6 
PENAL PROVISIONS
7 
Sec. 25. Prohibited Acts. - It shall be unlawful for any person to commit the
8 
following acts within the ICCAs:
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(a) Establishing heavy industries such as non-ferrous metal industries,
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iron and steel mills, petroleum and petro-chemical industries including oil and gas,
11 
and smelting plants;
12 
(b) Establishing resource extractive industries such as exploration,
13 
extraction and development of mining and quarrying projects, forestry projects
14 
including logging, and major wood processing projects; introduction of fauna,
15 
exotic animals, forest occupancy, extraction of mangrove products, grazing,
16 
fishery projects like dikes or fishpond development projects;
17 
(c) Building infrastructure projects such as major dams, major power
18 
plants including fossil-fueled, nuclear fueled, hydroelectric or geothermal, major
19 
reclamation projects, major roads and bridges;
20 
(d) Building golf course projects;
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(e) Using or intruding on any portion of the ICCA for any authorized or
22 
unlawful purpose;
23 
(f) Conducting mineral exploration, extraction, and development,
24 
quarrying and other destructive forms of natural resource exploitation,
25 
development, and utilization;
26 
(g) Logging by non-members of the IP community;
27 
(h) Mutilating, defacing, removing, or otherwise destroying objects that
28 
have cultural, spiritual or ecological significance to ICCs/IPs;
29 
(i) 
Dumping of waste products detrimental to flora and fauna;
30 
(j) 
Squatting, mineral locating, or otherwise occupying any land
31 
declared as ICCA;
32 
(k) Using any motorized equipment, except of enhancing traditional
33 
resource rights;
34 
(1) 
Altering, removing destroying or defacing boundary marks or signs;
35 
(m) Constructing or maintaining any kind of structure, fence or
36 
enclosures;
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1 
(n) Fishing through the use of explosives, noxious or poisonous substance
2 
or electricity;
3 
(o) Gathering, selling, possessing, transport or sale of corals;
4 
(p) Gathering, selling or exporting sand, silica, pebbles and any other
5 
substances used as marine habitat;
6 
(q) Converting mangroves into fishponds or for any other purposes;
7 
(r) Fishing or taking for commercial purposes rare, threatened 
or
8 
endangered species listed in the Convention on International Trade in Endangered
9 
Species of Wild Fauna and Flora (CITES) or those determined as such by the
10 
Bureau of Fisheries and Aquatic Resources (BFAR), and by the Biodiversity
11 
Management Bureau of the DENR;
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(s) Generating aquatic pollution; and
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(t) Converting ICCAs into industriai land use and special economic zones.
14 
Sec. 26. Penalties. - Any individual, corporation, partnership, association or
15 
juridical entity who commits any of the prohibited acts enumerated under Section 25 of
16 
this Act shall upon conviction, be punished by imprisonment of not less than six months
17 
but not more than six (6) years or a fine of not less than Fifty thousand pesos
18 
(P50,000.00) but not more than Fifty million pesos (P50,000,000.00) or both, at the
19 
discretion of the court.
20 
The offender, upon conviction, shall also provide restitution commensurate to the
21 
cost of the destroyed ecosystem and the cost of rehabilitation of the ecosystem as agreed
22 
upon with the ICCs/IPs.
23 
If the offender is a government official or employee, the offender shall, in addition
24 
to imprisonment and fine, be perpetually disqualified to hold public office.
25 
Any object and instrumentality used in committing any of the prohibited acts under
26 
Section 25 of this Act shall be confiscated and forfeited in favor of the government.
27 
If the offender is a juridical entity, the penalty of imprisonment and fine shall be
28 
imposed upon its manager, director, representative or employee responsible for the
29 
violation without prejudice to the cancellation or revocation of the license or accreditation
30 
of the offender, issued by any licensing or accredited body of the government.
31 
If the offender is an alien, the offender shall be deported immediately after service
32 
of the sentence.
33 
The prosecution of offenses under Section 25 of this Act shall be without prejudice
34 
to any liability for violation of Republic Act No. 8371, as amended, otherwise known as
35 
the "Indigenous Peoples' Rights Act of 1997" or other criminal and civil liabilities under
36 
existing laws.
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1 
CHAPTER VII
2 
FINAL PROVISIONS
3
4 
Sec. 27. Annual Report. - The Chairperson of the NCIP shall submit to the
5 
President of the Philippines and to the Congress an annual progress report on the
6 
implementation of this Act. The report shall be posted in the website of the NCIP.
7 
Sec. 28. Construction. -The provisions of this Act shall be construed liberally in
8 
favor of ICCs/IPs and in the protection and conservation of biodiversity.
9 
Sec. 29. Appropriations. - The amount necessary to cover the initial
10 
implementation of this Act shall be charged against the current year's appropriations of
11 
the concerned departments/agency. Thereafter, such sums as may be necessary for its
12 
continued implementation shall be included in the annual General Appropriations Act.
13 
Sec. 30. Implementing Rules and Regulations. - Within ninety (90) days from the
14 
approval of this Act, the Chairperson of the NCIP and the Secretary of the DENR shall, in
15 
consultation with appropriate government agencies and with the full participation of
16 
ICCs/IPs, issue the necessary rules and regulations for the effective implementation of
17 
this Act.
18 
Sec. 31. Separability Clause. -If any part or provision of this Act is declared invalid
19 
or unconstitutional, the remaining parts or provisions not affected shall remain in full
20 
force and effect.
21 
Sec. 32. Repealing Clause. - All laws, decrees, orders, rules and regulations and
22 
other issuances, or parts thereof, which are inconsistent with the provisions of this Act
23 
are hereby repealed or modified accordingly.
24 
Sec. 33. Saving Clause. - This Act shall not in any manner adversely affect the
25 
rights and benefits of the ICCs/IPs under RA 8371, conventions, recommendations,
26 
international treaties, national laws, awards, customs and agreements.
27 
Sec. 34. Effectivity. - This Act shall take effect fifteen (15) days after its
28 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
14