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RepublicofthePhilippines
HOUSH OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBjLLNo.7LE2
Introduced by Representative Midy N. Cua
Lone District, Quit.lno
ANACTRECOGNIZINGTHECOMMUNITYCONSERVEDTERRITORIESANDAREAS
0FINDIGENOUSPEOPLESANDCULTURALCOMMUNITIES,ESTABLISHINGFOR
THEpuRpOsETHENATIONALINDIGENOusconrmNITycONSERVEDAREAs
REGISTRY, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Section  16,  Article  11  of the  1987  Philippine Constitution declares that the  "State  shall protec.t and
advance the right of the people to a balanced and healthful ecology  in accord with the rhythm and
harmonyofnature".ItfurtherstatesinSection22thatthe"Staterecognizesandpromotesthe.rights
ofindigenousculturalcommunitieswithintheframeworkofnationalunityanddevelopment".
This n`eans that it is  important to recognize, promote, and protect the rights of I.ndigenous Cultural
Communities/Indigenous  Peoples  (ICCs^Ps)  to  their  community  conserved  territories  and   areas
(ICCAs) Oy  acknowledging their contribution to the conservation of biodiversity areas through the
establishment  of a  National  Indigenous  Community  Conserved  Area  Registry  under  the  Na.tional
CommissiononlndigenousPeoplesOJGIP).Inlinewiththisobjective,thisproposedbillcontailisthe
following key provisions:
•     Recognizes  the  rights  of  ICCs/IPs  to  their  ancestral  domains,  self-detei.mination,  cultural
identity and fundamental human rights;
•     Provides  for the protection of ancestral  domains  against threats  from  a variety  of sources,
namely,tenurialinsecurity,extractiveindustryandinappropriatedevelopment,impositionof
inappropriate   land  uses   including  top-down  goverrment   protected   areas   and   industrial
agriculture, intei.nat inequalities and injustices;
•     Mandates   the  NCIP   and   the   Biodiversity   Management  Bureau  of  the   Department   of
Environment   and   Natural   Resources   to   recogl`ize   existing   customary   and   tradi.tional
governance  by  ICCs/IPs  of their  ancestral  lands  and  domains  as  an  effective  measure  of
conserving key biodiversity areas;
•     Categorizes the punishable acts and stipulates penalties for coITesponding violations; and
•     Dii.ects  local  government  units  to  include  ICCAs  in  the  Regional  and  Provincial  Physical
Frainework  Plans,  Comprehensive  Land  and  Water  Use  Plans,  Community  Develo[iment
Plan,ForestLandUsePlanandotherrelevantplansandprograms.
This   measure   previously   passed   the  third   reading   in   the   18th   Congress.   It   was   propose'd   by
RepresentativesLoren8.Legarda,MariaLourdesAcosta-Alba,AllenJesseC.Mangaoang,El.icGo
Yap,AmihildaJ.Sangcopan,JunieE.Cua,Mark0.Go,SolomonR.Chingalao,MaximoY.I)alog,
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Jr., Leonardo L. Babasa, Jr., Raul "Boboy" C. Tupas, Deogracias Victor "DV" 8.  Savellano, Joseph
Stephen       "Caraps"       S.       Paduano,       Manuel       D.a.       Cabochan       Ill,       Manuel        Jose
"Manmix'.' M. Dalipe, Rufus a. Rodriguez, Tyrone D. Agabas, lianda 8. Bolilia, John marvin  "Yul
Servo"  C.  Nieto,  Argel  Joseph  T.  Cabatbat,  Loma  P.  Bautista-Bandigan,  Rufty  8.  Biazon,  Luisa
lloren Cuai.esma, Paul Ruiz Daza, Michael John R. Duavit, Rudys Caesar G. Farifias I, Jose Erurique
"Joet" S. Garcia Ill, Greg G. Gasataya, Ed Christopher S. Go, Jocelyn Sy. Limkaichong, Corazon T.
Nufiez-Malanyaon, Manuel T.  Sagarbarria, Jose "Ping-Ping" I.  Tejada, Micaela S. Violago, Manuel
"Way  Kurat" E.  Zamora,  Cyrille  "Beng"  F.  Abueg-Zaldivar,  Yasser Alonto  Balindong,  Gabriel  G.
Bordado,  Jr.,  Narciso  R.  Bravo,  .Ir.,  Carl  Nicolas  C.  Carl,  Sergio  C.  Dagooc,  Cheryl  P.  Deloso-
Montalla,  Abdullah  D.  Dimaporo,  Alan  "Aldu"  R.  Dujali,  Faustino  "Inno"  A.  Dy  V,  Michael  a.
Gorriceta,  Eduardo  "Eddie"  R.  Gullas,  Godofredo N.  Guya,  Ann  K.  Hofer,  Glopa G.  Labadl.abad,
Edward  Vera  Perez  Maceda,  Maricel  G.  Natividad-Nagano,  MD.,  Ma.  Lucille  L.  Nava,  MD.,
Emmarie  "Lolypop"  M.   Ouano-Dizon,   Eddiebong  G.   Plaza,  Hector  S.   Sanchez,   Joy  Myra   S.
Tambunting, Alyssa Sheena P.  Tan,  John reynald M.  Tiangco, Kristine Alexie 8.  Tutor,  Samantha
Louise  Vargas  Alfonso,  Rosanna "Ria"  V.  Vergara,  Shir]yn  L.  Bafias-Nograles,  Precious  mpolito
Castelo, Virgilio S. Lacson, Joseph "Jojo" L. Lara, Dahlia A. Loyola, Macnell M. Lusotan, Josephine
Ramirez-Sato, Rowena Nifia 0. Taduran, and Victor A. Yap as principal authors thereof.
In view of the foregoing, approval of this measure is earnestly sought.
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Republicoft.hePhilippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
F::suts::gi:|l;I.:7es§i3n2
Introduced by Repl.esentative Midy N. Cua
Lone District, Quirino
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AN ACT RECOGNIZING THE COMMUNITY CONSERVED TERRITORIES AND AREAS
OF INDIGENOUS PEOPLES AND CULTURAL COMMUNITIES, ESTABLISHING FOR
THE PURPOSE THE NATIONAL INDIGENOUS COMMUNITY CONSERVED AREAS
REGISTRY, AND APPROPRIATING FUNDS THEREFOR
BeilenactedbytheSenateandHouseOfRepresentativesOfthePhilippinesinCongressa!ssembled:
CHAPTER I
GENFRAL PROVISIONS
SHCTION  1.  Srfeor/  rz.//e.  -  This  Act  shall  be  known  as  the  "J#c7i.ge#o#s  Commw#ztj/  Co7aserved
6       Tei.ritories andAreas Act"
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SEC. 2. Dec/c}ra/I.o# o/Po/I.c}/. - In accordance with the provisions of the Constitution, Republic Act
No.  8371, otherwise known as the "Indigenous Peoples Rights Act of 1997" (IPRA), and the United
Nations Declaration on the  Rights of Indigenous Peoples (UNDRIP),  it is the policy of the  State to
recognize,  promote,  and  protect the  rights  of Indigenous  Cultural  Communities/Indigenous  Peoples
(ICCs/lps), particularly to their ancestral domains.
The State also recognizes the existing customary and traditional  governance by ICCs/Ips of
their ancestral domains and lands as an effective mez`sure of conserving key biodiversity areas. By this
recognition, the State acknowledges the significant contribution of ICCs/lps to the country's efforts in
the  protection  of  the  environment,  the  conservation  of  biodiversity,   and   in  the  promotion  the
18        community resilience.
;:                      Towards this end, the state shall adopt measures to recognize and respect the designation and
21        declaration  by  ICCs/IPs  of the  conserved  areas  within their  ancestral  doxpains  and  to  promote  their
I         ,,,,,          _,,   _    _     _   ____
rights to manage, maintain, and sustainably develop the natural resources by applying their indigenous
_---_-_--_-_    _  ,      _   _    _  _
knowledge  systems  and  practices  within  these  areas  under their  indigenous  political  structures  and
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For this purpose,  a national  I.egistry  for all  ICCs/lps  conserved  territories and  areas  shall be
established to be the repository of infomation on these to be conserved territories and areas.
SEC. 3. De/#j./z.o# a/rcms. -As used in this Act:
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a)    Ezw.j'o#merofa//y    cri./;.ca/   arecrs    tECAS/    refer    to    ai.eas    identified    under    Presidential
Proclamation No. 2146, Series of 1981  and herein further classified as Strict Protection Zones
(SPZ);
b)   Indigenous  Community   Conserved   Territories  and  Ai.eas   (ICCA)  refer  to   areas  within
ancestral doinains and lands, and parts thereof, that are  identified, protected, conserved, and
sustainably used t)y ICCs/IPs pursuant to their indigenous knowledge, systems, and practices,
and  in  accordance  with  customary  laws  and  other  effective  means  since  time  immemorial
continuouslytothepresent,subjecttothelimitationsimposedbytheCoustitution.
These  are  characterized  by  natural  or  modified  ecosystems,  containing  significant
biodiversity,  beneficial  ecological  qualities  and is of great cultural  and spiritual value to the
community.
c)    Key 6!.od!.ve7.Si.fy clrecrs  refer to  the  sites  of global  significance  for biodiversity  conservation
that are  identified  using globally  standard  criteria and  thresholds, based  on the scale of the
need   foi.   safeguards.   These   criteria   are   based   on   the   franiework   of  vulnerability   and
irreplaceability used in systematic conservation planning;
d)   IVc!fi.o#¢/ JCCA  Regz.stry refers to the national infomation management system that contains
records of the pertinent information on ICCAs;
e)    SwS/aj.#ab/e rrc7d!./i.oncr/ jteso%7.ce j{!.gfo/S tsrREJ  refer to the rights of lccsflps to sustainably
use.  manage,  protect  and  conserve  1)  land,  air,  water,  and  minerals;  2)  plants,  animals  and
otherorganisms;3)collecting,fishingandhuntinggrounds;4)sacredsites;and,5)otherareas
of economic, ceremonial and aesthetic value in  accordance with their indigenous knowledge,
belief systems, and practices.
SEC.  4.  Scope  cr#d  Coverclge.  -  This  Act  shall  apply  to  all  ancestral  domains  and  lands  publicly
known to have been held under a claim of ownership, possession and occupation based on native title
since time immemorial continuously and up to the present, or fomally recognized under a Certificate
of Ancestral Domain Title (CALT) or Certificate of Ancestral Land Title (CADT) issued pursuant to
Republic Act No. 8371.
CHAPTER 11
INDIGENOUS CULTURAL COMMUNITIES AND
INDIGBNOUS PEOPLES CONSERVED TERRITORIBS AND AREAS
SEC.   5.   G%i.dJ.#g  Prj%cjz7/es.   -  The   following  guidelines   shall   be  observed   in   recognizing  the
indigenouscultui.alcommunitiesandindigenouspeoplesconservedterritoriesandareas(lccAs):
a)    The  rights  to  land  and  self-detemination  include  the  fun   recognition  of  the  traditional
resources, rights and practices of ICCs/IPs, as well as their right to access, maintain, protect,
conserve, regulate ICCAs and exclude unauthorized intrusion into these areas;
b)   The   customary   laws   and   indigenous   knowledge   systems   and   practices   (IKSPs)   in  the
govemanceandmanagementofICCAsshanberecognizedandrespectedprovidedthatthey
are   within  the   framework  of  national   unity   and   development  as   envisioned   under  the
Constitution.
c)    The  lccsnps  shall  govern their conserved territories and areas and ensure the preservation,
restoration,andmaintenanceofecologicalbalanceandbiodiversitythereininconsonancewith
existingenvironmentalpoliciesandwiththeassistanceofgovernmentagencies;
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d)   The identification and declaration of lccAs shall consider duly fomulated national, regional,
provincial and municipal policies, plans and programs;
e)    The  ICCs/lps  shall  receive  a  fair  and  equitable  share  in  the  benefits  derived  from  the
ecosystem  services  provided  by  ICCAs  and  other  activities  as  authorized  by  the  ICCsAPs
themselves in accordance with existing environmental policies, rules and regulations; and
I)    In case of conflict between ICC/IPs' customary laws and indigenous knowledge systems and
practices on the one hand, and existing environmental laws, rules and regulations, on the other,
earnest efforts  shall be exerted to adopt an  interpretation that will  give effect to  both.  Only
when  it  is  clear  that  the  two  are  truly  irreconcilable  will  environmental  laws,  rules  and
regulations prevail,  but such construction  shall  always  be supported by evidence attesting to
the fact that the customary laws and IKSPs have no sound scientific basis and shall be guided
by the pertinent provisions of the Constitution.
SEC. 6. Recogrz.#.o# o/JCG4s.  -The ICCs/IPs shall  define and declare the conserved  areas within
their ancestral domains and lands in accordance with their indigenous political structures, cultures and
traditions  provided that the  identified area is not earlier proclaimed or declared as a protected area
under Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System
Act of 1992" as amended by Republic Act No.  I ]038, otherwise known as the "Expanded National
Integrated Protected Areas System Act of 2018" and other presidential proclamations.
The  declaration  of ICCAs  shall  be  respected  as  an  exercise  of the  self-governance,  self-
detemination and sustainable traditional resource rights of the ICCsHPs. It shall be recognized by all
national agencies and local government units (LGUs) as another category of protected areas that are
owned,  controlled,  governed  and  managed  by  ICCs/lps  themselves.  The  ICCAs,  their  respective
locations.  names  in  indigenous  language,  and  components  therein,  shall  be  respected  used,  and
promoted in all offlcial documents.
No provision  in this Act granting or recognizing the rights and privileges of ICCs/Ips  in  the
ICCAs shall be construed  to diminish  their rights and privileges  in non-ICCA  areas of the ancestral
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SEC. 7. Pro/ecf!.o# a/JCCL4s. -Subject to the provisions of the Constitution, Republic Act No. 8371,
and  Republic  Act  No.  7586,  as  amended,  the  ICCAs  shall  be  reserved  for  the  exclusive  use  of
ICCs/IPs exercising their sustainable traditional resource rights. It shall be the duty of th.e ICC/Ips to
govern, conserve, manage and protect ICCAs with the assistance of government agencies.
SEC.  8.  E#vi./.o#mej7fcr/ /7#pcr€f ,4Ssessme#j  /EZ4/  Sys/em.  - For the  purposes of this Act  all  ICC4s
shall be considered as environmentally critical areas.
All projects outside the ICCA that have potential adverse impacts on the conserved territories
43        andareasare subjectto EIA.
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The   participation  of  the  National   Commission   on   Indigenous   Peoples   O{CIP)   and   the
Department of Environment and Natural  Resources  (DENR)  is  required  in the conduct of the EIA
outside the ICCAs but within the lcc/lps ancestral domain.
The customary laws, the IKSPs of the ICCs/lps and the social acceptability of the project shall
50       be considered in the assessment of such projects.
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In the interest of transparency and full disclosure, the EIA should be concluded and reported
for consideration during the Free and Prior lnfomed Consent (FPIC) process, as provided for under
Section 3 (g) of Republic Act No 8371.
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SHC.  9. JCCAs  I.# Key Bj.OCJI.vers!.fy Areas  /K84sJ.  - Subject to the  Constitution,  the  ICCs/lps  shall
govern,  maintain,  restore  and  sustainably  develop  the  ICCAs'  key  biodiversity  areas  (KBAs)  in
accordance with their customary laws, IKSP, and in a marmer consistent with the sustainable use and
conservation  of biodiversity  found  therein  and  in  accordance  with  existing  environmental  policies,
rules and regulations.
CHAPTER Ill
NATIONAL INDIGENOUS CULTURAL COMMUNITIES AND
INDIGENOUS PEOPLES CONSERVED TERRITORIES AND AREAS REGI.STRY
SHC.10. 77ie IVc7/j.o#c7/ JCC# j}cg;.stry. -To ensure the availability of official infomation on ICCAs, a
National ICCA Registry, hereinafter refened to as the "Regi.stry," is hereby established. The Registry
shall  be  the  official  information  inanagement  system  that  shall  contain  all  pertinent  records  on  the
ICCAs  that  are  voluntarily  submitted  by  the  ICcsnps  as  the  ICCA  registrant.  The  Registry  shall
contain the following information:
a)   Name of the lccsflps;
b)   A  map  generated  from  the  delineation.   of  the  ICCAs  with  the  corresponding  technical
description by the DENR;
c)    Brief description ofgovemance structure;
d)   Policies on resource conservation and sustainable use;
e)    CADT and CALT, if applicable;
I)    Relevant  portions  of the  Ancestral  Domain  Sustainable  Development  and  Protection  plan
(ADSDPP) containing information on the ICCAs; and
g)    Contact persons.
SEC.11. Operc!/7.o#¢/ S/rwc/wres o/ffoe j}egj.s/r};. -The DENR, through the Biodiversity Management
Bureau (BMB), shall be the main repository and administrator of the Registry. It shall organize, store,
and  update  all  information that may  be  contained  in the Registry,  and  shall  be  responsible  for the
documentation, administration and maintenance of the Registry.
All information and data in the Registry shall be obtained from the ICCs/IPs who registered
and provided such information. The information and data submitted shall be considered as part of the
community's intellectual property rights.
The intellectual property rights of the ICCs/Ips shall be protected and respected.
SEC.12.  Crecr/i.o#  o/ a  S/ee/.j.ng  Com»t!.f/ee.  -A  Steering  Committee  is  created  to  define  policy,
provide  directions  and  perform  oversight  functions  in  the  administration  and  maintenance  of the
Registry.
It shall be chaired by a representative from the NCIP.
The Steering Committee shall be composed of the following:
a)    A representative from the DENR;
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b)   A representative from the NCIP;
c)    A  representative  from  the  Department  of the  Interior  and  Local  Government
(DILG);
d)   A   representative   from   the   Department   of  Human   Settlements   and   Urban
Development (DHSUD);
e)    A representative from the Philippine Statistics Authority (PSA);
I)    A representative from recognized civil society organizations (CSOs); and
g)   Three  (3)  representatives  of the  ICcsnps  who  are  themselves  members  of the
indigenous cultural community; and
h)   A representative from the Union of Local Authorities of the Philippines (ULAP).
SEC.  13. jcc4 Jteg;.a/rcr/i.o#. - The ICCsAPs shall initiate the documentation and registration ICCAs
in the of their financial and appropriate Registry with technical support from the NCIP. the DENR. or
other assisting organizations.
If the  ICCsAPs  seek  the  assistance  of the  NCIP  and  the  DENR  in  the  registration  of the
ICCAs. the following steps shall be undertaken:
a)    The NCIP  shall  assist the  community  in  documenting the  ICCAs  and,  with  the
support of the DENR, delineate the metes and bounds of the said ICCA;
b)    The NCIP  shall  facilitate the formulation of a Community  Conservation  Plan in
collaboration with the DENR and the municipal and provincial local government
units; and
c)    The  NCIP  shall  submit  the  documentation  of the  ICCAs  and  other  pertinent
documents to the DENR for inclusion in the Registry.
In case the ICCs/IPs decide to undertake the documentation by themselves with the support of
assisting  organizations,  the  NCIP,  DENR  and  the  municipal  and  provincial  local  government  units
concerned, shall verify and affim the documentation  and  pertinent documents  submitted before the
ICCAs inay be included in the Registry.
The map, he technical description of the speciflc ICCA, and a brief description of the natural
features   and  landmarks  of the  ICCA  sought to  be registered and  included in the  Registry  shall  be
posted at the local, provincial, and regional office of the NCIP, and shall be published in a newspaper
of general  circulation  once  a  week  for  two  (2)  consecutive  weeks  to  allow  concerned  parties  to
formally submit their written opposition within fifteen (15) days.
SFC.  14. ProcecJwre /or De/;.a/i.#g;o"  ffoe Regj.s#y.  -If the ICCs/Ips  determine that the lccA no
longer serves  the purpose  for which  it was defined and  declared,  the  lccs/IPs may he  cause  same
through a procedure delisting of the to be  in the rules and regulations provided to be issued by the
NCIP and the DENR to implement this Act.
SEC.  15. J#c/"Sj.ow a/JCC4S i.# }#e £GC/S P/a#.. -The LGUs shall include in their Regional Physical
Framework Plans, Provincial Physical Framework Plans, Comprehensive Land and Water Use Plans,
Community Development Plans, Forest Land Use Plans, Barangay Development Plans, the Ancestral
Domains  Sustainable Development and  Protection  Plan,  and other relevant harmonized  plans on the
ICCAs that have been declared and recorded in the Registry by the lccs/lps.
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Snc. 16. JCG4 Gover#c}#ce. -The ]CCAs shall be governed by the ICCs/lps in accordance with their
customary  laws,  indigenous knowledge systems and practices, structures and mechanisms: Provi.cJecJ,
That any co-management with, or relinquishment of management by the ICCs/lps, shall be temporary
in nature and subject to regular renewal by the ICCs/Ips in accordance with Section 58  of Republic
Act No. 8371, and Section  13 of Republic Act No. 7586, as amended.
The application of customary  laws,  indigenous knowledge systems and practices,  structures,
and mechanisms by the ICCsAPs within and outside their ICCAs shall enjoy the presumption of being
indigenous  and  a  sustainable  traditional  resource  right,  and  shall  not  require  prior  approval  or
validation  provided  that  such  customary  laws,  indigenous  knowledge  systems  and  practices  and
sustainable  traditional  resource  right  has  been  earlier  acknowledged  and  recognized  by  the  NCIP.
Towards this  end,  the NCIP  shall  endeavor to  codify these  customary  laws,  indigenous  knowledge
systems and practices  and sustainable traditional  resource right  in accordance with  Section 46 (b) of
Republic Act No. 8371  and NCIP Administrative Order No.  I , Series of 2012.
Any  conflict  on matters  of governance that may  arise within the  ICCAs  shall  be primarily
resolved through customary laws and traditional conflict resolution mechanisms.
CHAPTER IV
INCENTIVES
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24        SBC.  17. J#ce7¢/z.ve Sche#!e.  -The  ICCAs  listed  in the Registry  shall be  prioritized for  biodiversity
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conservation, preservation of forest cover, protection of ancestral waters, and as reforestation project
sites.   Where  appropriate  and  available,   government  financial   institutions  and  other  government
agencies shall provide financial and technical assistance to ICcsnps for the protection and promotion
of their registered conserved territories and areas, particularly in the establishment and implementation
of payment schemes for ecosystem services provided by the ICCAs.
In all cases, the rights, interests and well-being of the ICCs/IPs shall .be of paramount concern.
CHAPTERV
ROLE 0F GOVERNMENT AGENCIES
SEC.  18. Ro/e o//foe IVCJP. -The NCIP shall be the primary government agency responsible for the
fullimplementationofthisAct.Itshallprotectandpromotetheinterestandwell-beingoftheICCs/lps
in the context of biodiversity conservation and community resilience.
The NCIP shall create the Ancestral Domain Protection and Sustainable Development Office,
and  shall  coordinate  with  the  DENR  on  all  activities  related  to  the  documentation,  community
conservation,  planning,  and  registration  of ICCAs.  It  shall  provide  full  and  effective  financial  and
44       technical assistance on the following:
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a)    Capacity  building  and  enhancement  in  the  identification,  documentation,  and
recognition of ICCAs;
b)   Preparation of community Conservation Plans (CCP), and integrating them in the
ADSDPP; and
c)    Interfacing of the ADSDPp into other relevant planning frameworks.
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The  NCTP  shall   also  be  responsible  for  the  verification  and  affirmation  of  information
submitted  by  the  ICCs/IPs  who  undertake  the  documentation  by  themselves,  for  inclusion  in  the
Registry of ICCAs.
The  NCIP  shall  take  into  account  the  issues  and  concerns  on  ICCAs  in  all  management
planning and decision-making processes of the ICCs/IPs.
The NCIP shall also be represented in the Protected Area Management Board (PAMB)
created for each protected area pursuant to Republic Act No. 7586, as amended.
The NCIP, through its provincial offices, shall have original and exclusive jurisdiction over all
claims and disputes involving ICCAs: Provl.ded, however, That no such dispute shall Oe brought to the
NCIP  unless the parties have  exhausted all  remedies provided under their customary  laws:  Provided
further, That the indigenous conflict resolution should not apply if one of the parties is a non-member
of an ICCAP, and such dispute may be flled directly with the NCIP.
The   decision   of  the  provincial   off]ce   can   be   appealed   to   the  regional   oflrice   and   the
18        Commissionpro|)er.
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20
21
22
23
24
SEC.19. j}o/c a/l¢e  DENR.  -The DENR shall, upon the formal  request of the  ICcsnps, provide
financial and technical support for delineation and mapping, and biodiversity assessment of ICCA and
inthelistingorregistrationofICCAwiththeRegistryandsimilarglobalplatformsornetworks.
•   Enforcement  of the  preventive  mechanisms  and  penal  provisions  of this  Act  shall  also  be
25        vested in the DENR.
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48
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The agency shall also take into account the issues and concerns on ICCAs in all management
planning and decision-making processes of the ICCs/lps.
The government shall provide funds for the publication of the list of verified ICCAs.
SEC. 20. flo/e o/Olfoer Govern"e#/ ,4gr%c[.es a#d £GC/S. -Consistent with their respective mandates
and llpon fomal request by ICCs/lps, national government agencies and LGUs shall provide financial
and  technical  assistance  in  building  and  strengthening  the  capacity  of the  requesting  ICCsAPs  to
manage their ICCA.
The NCIP and the DENR, in partnership with the DILG, shall device an incentive scheme for
LGUs  that  will  adopt  and  include  ICCAs  in  the  harmonized  Regional  and  Provincial  Physical
Framework Plans. Comprehensive Land and Water Use Plans, Community Development Plan, Forest
Land Use Plan and other relevant plans and programs.
The  NCIP  and  the  DENR  shall,  in  partnership  with  the  Department  of  Information  and
Communications Technology (DICT) and the Philippine Statistics Authority (PSA), create or improve
on existing data gathering methods for a complete and centralized ICCA registry.
The  NCIP  shall,  in  coordination  with  the  DENR,  the  National  Economic  Development
Authority  OVEDA),  the  DILG,  the  Housing  and  Land  Use  Regulatory  Board  (HLURB),  and  the
Department  of  Budget  and  Management  (DBM),  formulate  guidelines  for  the  prioritization   of
programs and projects that support ICCAs.
50
51         SHC. 21.
52       the NCIP
53        inraising
54        services,
Engagemeniwiththepriva_tese,ctorand.Ciy!l.Soci?tyt.?`R.:C_Oap.i_::L!C.€^±:..-:I:.:,S€S^!£a::,
and the DENR shall actively engage and collaborate with the private sector and civil society
put)lic  awareness  and  recognition  of ICCAs,  and  in  obtaining  specialized  assistance  and
I    ',__    ,'_        h  _,_1±_    __-i_!-.A+:^.    :n    +LJa
subject  to   FPIC   requirements   of  the  cone;med   ICCs/IPs.  -Public  participation   in  the
I,W+,,,\,   I+ ,,-,-,.-., I ,--. _   .___a___    _  _
^^-^^ ...,, +:^-   --1 aiia+a:nahla lice nf lrr.As in accordance with the ICCS/lps Cllstomary law
55        protection, consei.vation, and su.stainable use oflccAs in accordance with the
`,   `               -_ ----- _,     _  _   _J  _
9


1        and lKSP, especially at the local level, shall be encouraged to maximize conservation and community
2       benefits.
3
4
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18
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20
SEC.  22.  SwS/cli.#46/e  fi.ve/i./ioods.  -  Subject  to  the  provisions  of the  Constitution,  the  NCIP.  the
DENR,  and  other  relevant  goverrment  agencies  shall  support  sustainaole  livelihood  opportunities,
includingbiodiversity-friendlylivelihoodsthatareidentifiedanddefmedbyICCs/IPsconsistentwith
traditional  practices  and  resource  use  in  accordance  with  ICCs/IPs  customay  law  and  IKSP  that
contribute to the sustainable use and proper management of the ICCAs.
CHAPTER VI
FINAL PROVISIONS
SEC.23.Profoj.6i.fedj4cts.-Anyactinconsistentwiththepoliciesofconservationandprotection,and
prohibitedinRepublicActNo.8371andRepublicActNo.7586,asamended,isprohibited.
SEC.  24.  Pe#aJft.es.  - Any  individual,  corporation,  parthership,  association,  or juridical  entity  who
.I                  1-_       ._____±_1__I      L'J
0\\-,   I.+.   ,  C.,,|^,,,®®.          | ,``J    ```_`--_---_-,       _    \
commits  any  acts  in  violation  of  Section  23  of in.is  Act  sh-all  upon  conviction,  be  punished
.     ^      "   __  ti__..  _I.. _^.+t`^ tu,+.^+ m^ra+Lan etv /f;`vfiarQ nrzlfineofnot lessthan F
impl.isonmentofnotlessthansixmonthsbutnotmorethansix(6)yearsorafineofnotlessthanI
\,\J,\\,,|\+\,   \^.,,)    ---``.     `  -_______
thousand pesos (P50,000.00) but not more than Fifty million pesos (P50,000,000.00),  or both,  at
21        discretion of the couil.
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After  finding  of a  probable  cause,  the  proper  court  where  the  information  is  filed  shall
immediately   conduct   a   summary   hearing  to   determine  the   propriety   of  issuing   a  Temporary
Environmental Protection Order (TEPO) and shall simultaneously hear the criminal case to determine
the  urgency  of issuing  of a  writ  of faJI.fasa#.  This  is  without  prejudice  to  the  other  provisional
remediesprovidedunderRule127oftheRevisedRulesonCriminalProcedure.
The offender, upon conviction, shall also provide restitution commensurate to the cost of the
destroyedecosystemandthecostofrehabilitationofthesameasagreeduponwiththeICcsflps.
If  the  offender  is  a  government  official  or  employee,  the  offender  shall,  in  addition  to
imprisonmentandfine,beperpetuallydisqualifledtoholdpublicoffice.
AnyobjectandinstrumentalityusedincommittinganyoftheprohibitedactsunderSection23
of this Act shall be confiscated and forfeited in favor of the government.
Iftheoffenderisajuridicalentity,thepenaltyofimprisonmentandfineshallbeimposedupon
itsmanager,director,representativeoremployeeresponsiblefortheviolationwithoutprejudicetothe
cancellation or revocation of the license or accreditation  of the  offender,  issued by  any  licensing or
accredited body of the government.
Iftheoffenderisanalien,theoffendershallbedeportedimmediatelyafterserviceof
44       the sentence.
The prosecution of offenses under  Section 23  of this Act shah be without prejudice to  any
liability for violation  of Republic Act No.  8371  or other criminal  and  civil  liabilities under existing
48        laws.
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50
51
52
53
SEC.  25.  4#%#aJ  Jzepor}.  -  The  Chairperson  of the  NCIP  shan  submit  to  the  President  of the
Philippines  the  and  to  an  annual  progress  report on  the  Congress  implementation  of this  Act.  The
report shall be posted in the website of the NCIP.
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1        SEC. 26. Cowtrwc/I.o#. -The provisions of this Act shall be construed liberally in favor oflccs/IPs
2       and the protection and conservation ofbiodiversity. In no way shall it be interpreted as an instrument
3       to exploit lcc/IPs or undermine the intent of this Act to conserve and protect IccAs.
4
5                      This Act shall  not in any manner adversely affect the rights and benefits of the lccsAPs under
6        Repiiblic  Act No.  8371,  international  conventions,  recommendations,  international  treaties,  national
7        laws, awards, custoins and agreements.
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9
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SEC. 27. j4j?pj.aprz.cr/z.our. - The amount necessary to cover the initial implementation of this Act shall
be  charged  against  the  cuITent  year's  appropriations  of  the  concerned  departments  or  agencies.
Thei.eafter, such sums as may be necessay for its continued implementation shall be included in the
12        annual General Appropriations Act.
13
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16
17
SEC. 28. J"p/e#Ie#Ji.#g Rw/es  cr#d jtegw/cr/I.o#s.  - Within ninety (90) days from the  approval  of this
Act,  the  Chairperson  of  the  NCIP  and  the  Secretary  of the  DENR  shall,   in  consultation  with
appropriate government agencies and with the full participation of ICCsAPs, issue the necessary rules
and regulations for the effective implementation of this Act.
18
19        SEC.  29. Sepc7rcrbz./jty C/crwse.  -If any provision  of this Act  is  held  unconstitutional  or  invalid,  all
20       other provisions not affected thereby shall remain valid.
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22
23
24
25
26
27
SEC.  30.  Repec!/I.ng  C/crwse.  -  All  laws,  decrees,  executive  orders,  rules  and  regulations  or  parts
thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.
SEC. 31. E#ecw.v;.ty. -This Act shall take effect fifteen (15) days after its publication in. the O#cJ.c!/
Gcrze//e or in a newspaper of general circulation.
2 8                      Approved ,
11