Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

1586

HOUSE BILL NO.

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

EXPLANATORY NOTE

This bill seeks to recognize the significant role of Indigenous
Peoples/indigenous Cultural Communities (IPs/ICCs) in biodiversity conservation in
the country by establishing a system of identification, registration, protection,
promotion and recognition of areas within their ancestral domains and lands which
have been identified, protected and sustainably used pursuant to their indigenous
knowledge, systems and practices and in accordance with their customary laws
otherwise known as Indigenous Community Conserved Territories and Areas (ICCAs).

With the establishment of the National ICCA Registry, ICCAs shall be registered
upon the submission of pertinent records and documentation by ICCs/IPs with the
assistance of the NCIP, DENR or other pertinent government and non-government
organizations. Once the ICCAs are registered, ICCs/IPs concerned shall have
exclusive use and shall govern, conserve, manage and protect them with the
assistance of national and local government agencies. Moreover, the registered
ICCAs shall be prioritized for biodiversity conservation, preservation of forest cover
protection of ancestral waters and as reforestation sites.

Hence, with the approval of this bill, ICCs/IPs are given the needed support and
assistance in the protection and conservation of key biodiversity areas in the country.

In view of the foregoing, approval of this bill is earnestly sough


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 1536

INTRODUCED BY REP. MAXIMO JR. Y. DALOG

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

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

Section 1. Short Title. — This Act shall be known as the “/ndigenous
Community Conserved Territories and Areas Act’.

Section 2. Declaration of Policy. — \n 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/Ips), particularly to their ancestral domains.

The state also recognizes the existing customary and traditional
governance by ICCs/lps of their ancestral domains and lands as an effective
measure of conserving key biodiversity areas. By this recognition, the State
acknowledges the significant contribution of ICCs/IPs to the country's efforts in the
protection of the environment, the conservation of biodiversity, and in the
promotion the community resilience.

Towards this end, the State shall adopt measures to recognize and respect
the designation and declaration by ICCs/Ips of the conserved areas within their
ancestral domains and to promote their 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 traditional governance systems.


For this purpose, a national registry for all ICCs/Ips conserved territories.
and areas shall be established to be the repository of information on these
conserved territories and areas.

Section 3. Definition of Terms. — As used in this Act:

a) Environmentally critical areas (ECAs) refer to areas identified under
Presidential Proclamation No. 2146, Series of 1981 and herein further
classified as Strict Protection Zones (SPZ);

b) Indigenous Community Conserved Territories and Areas (ICCA) refer to
areas within ancestral domains and lands, and parts thereof, that 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 since time immemorial
continuously to the present, subject to the limitations imposed by the
Constitution.

These are characterized by natural or modified ecosystems,
containing significant biodiversity, beneficial qualities and is of great cultural
and spiritual value to the community.

°C)

Key biodiversity areas 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 for safeguards. These criteria
are based on the framework of vulnerability and irreplaceability used in
systematic conservation planning;

d) National ICCA Registry refers to the national information management
‘system that contains records of the pertinent information on ICCAs;

) Sustainable Traditional Resource Rights (STRR) refer to the rights of
ICCs/IPs to sustainably use, manage, protect and conserve 1) land, air,
water, and minerals; 2) plants, animals and other organisms; 3) collecting,
fishing and hunting grounds; 4) sacred sites; and 5) other areas of
economic, ceremonial and aesthetic value in accordance with their
indigenous knowledge, belief systems, and practices.

Section 4. Scope and Coverage. 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 formally recognized under a Certificate of
Ancestral Domain Title (CALT) or Certificate of Ancestral Land Title (CADT) issued
pursuant to Republic Act No. 8371.

CHAPTER I
INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS PEOPLES
CONSERVED TERRITORIES AND AREAS


Section 5. Guiding Principles. — The following guidelines shall be
observed in recognizing the indigenous cultural communities and indigenous
peoples conserved territories and areas (ICCAs)

a) The rights to land and self-determination include the full 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;

The customary laws and indigenous knowledge systems and practices

(IKSPs) in the governance and management of ICCAs shall be

recognized and respected provided that they are within the framework

of national unity and development as envisioned under the Constitution.

The ICCs/Ips shall govern their conserved territories and areas and

ensure the preservation, restoration, and maintenance of ecological

balance and biodiversity therein in consonance with existing
environmental policies and with the assistance of government agencies;

d) The identification and declaration of ICCAs shall consider duly
formulated national, regional, provincial and municipal policies, plans
and programs;

e) The ICCs/IPs 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 ICCs/IPs themselves in accordance with
existing environmental policies, rules and regulations; and

f) 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

b)

°)

Section 6. Recognition of ICCAs. — The |CCs/IPs shall define and declare
the conserved 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.
11038, 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-determination and sustainable traditional resource rights of the
ICCs/IPs. 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/IPs themselves. The ICCAs, their respective
locations, names in indigenous language, and components therein, shall be
respected used, and promoted in all official documents.


No provision in this Act granting or recognizing the rights and privileges of
ICCs/IPs in the ICCAs shall be constructed to diminish their rights and privileges
in non-ICCA areas of the ancestral domains or lands.

Section 7. Protection of ICCAs. — 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 the ICC/IPs to govern,
conserve, manage and protect ICCAs with the assistance of government
agencies.

Section 8. Environmental Impact Assessment (EIA) System. — For the
purposes of this act, all ICCAs shall be considered as environmentally critical
areas.

All projects outside the ICCA that have potential adverse impacts on the
conserved territories and areas are subject to EIA.

The participation of the National Commission on Indigenous Peoples
(NCIP) and the Department of Environment and Natural Resources (DENR) is
fequired in the conduct of the EIA outside the ICCAs but within the ICC/IPs
ancestral domain.

The customary laws, the IKSPs of the ICCs/IPs and the social acceptability
of the reported for consideration during the Free and Prior Informed Consent
(FPIC) process, as provided for under Section 3 (g) of Republic Act No. 8371.

Section 9. ICCAs in Key Biodiversity Areas (KBAs). — Subject to the
Constitution, the ICCs/IPs shall govern, maintain, restore and sustainably develop
the ICCAs'’ key biodiversity areas (KBAs) in accordance with their customary laws,
IKSP, and in a manner consistent with the sustainable use and conservation of
biodiversity found therein and in accordance with existing environmental policies,
tules and regulations.

CHAPTER Ill
NATIONAL INDIGENOUS CULTURAL COMMUNITIES AND
INDIGENOUS PEOPLES CONSERVED TERRITORIES AND AREAS.
REGISTRY

Section 10. The National ICCA Registry. — To ensure the availability of
Official information on ICCAs, a National ICCA Registry, hereinafter referred to as
the “Registry”, is hereby established. The Registry shall be the official information
management system that shall contain all pertinent records on the ICCAs that are
voluntarily submitted by the ICCs/IPs as the ICCA registrant. The Registry shall
contain the following information:

a) Name of the ICCs/IPs;

b) A map generated from the delineation of the ICCAs with the
corresponding technical description by the DENR;

c) Brief description of governance structure;


d) Policies on resource conservation and sustainable use;

e) CADT and CALT, if applicable;

f) Relevant portions of the Ancestral Domain Sustainable Development
and Protection Plan (ADSDPP) containing information on the ICCAs;
and

g) Contact Persons.

Section 11. Operational Structures of the Registry. - 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.

Section 12. Creation of a Steering Committee. — A Steering Committee
id 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;

b) A representative from the NCIP;

c) A representative from the Department of the Interior and Local
Government (DILG);

d) Arepresentative from the Department of Human Settlements and Urban
Development (DHSUD);

e) A representative from the Philippine Statistics Authority (PSA);

f) Arepresentative from recognized civil society organization (CSOs); and

g) Three (3) representatives of the ICCs/IPs who are themselves members.
of the indigenous cultural community; and

h) A representative from the Union of Local Authorities of the Philippines
(ULAP).

Section 13. ICCA Registration. — The ICCs/IPs shall initiate the
documentation and registration of their ICCAs in the Registry with appropriate
financial and technical support from the NCIP, the DENR, or other assisting
organizations.

If the ICCs/IPs 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

¢) The NCIP shail 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 affirm the
documentation and pertinent documents submitted before the ICCAs may be
included in the Registry.

The map, the technical description of the specific ICCA, and 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, 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.

Section 14. Procedure for Delisting from the Registry. — if the ICCs/IPs
determine that the ICCA no longer serves the purpose for which it was defined
and declared, the ICCs/IPs may cause the delisting of the same through a
procedure to be provided in the rules and regulations to be issued by the NCIP
and the DENR to implement this Act.

Section 15. Inclusion of ICCAs in the LGUs Plan, — 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 ICCs/IPs.

Section 16. ICCA Governance. — The ICCAs shall be governed by the
ICCs/IPs in accordance with their customary laws, indigenous knowledge systems
and practices, structures and mechanisms: Provided, That any co-management
with, or relinquishment of management by the ICCs/IPs, 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 ICCs/IPs 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
tat 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. 1, 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

Section 17. Incentives Scheme. - The ICCAs listed in the Registry shall
be prioritized for biodiversity 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 ICCs/IPs 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.

CHAPTER V
ROLE OF GOVERNMENT AGENCIES.

Section 18. Role of the NCIP. — The NCIP shall be the primary agency
responsible for the full implementation of this Act. It shall protect and promote the
interest and well-being of the ICCs/IPs 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 technical assistance on the
followin:

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

¢) Interfacing of the ADSDPP into other relevant planning frameworks.

The NCIP 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: Provided, however, That
no such dispute shall be 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 ICC/P, and such dispute may be filed directly with the NCIP.

The decision of the provincial office can be appealed to the regional office
and the Commission proper.

Section 19. Role of the DENR. - The DENR shall, upon the formal request
of the ICCs/IPs, provide financial and technical support for delineation and
mapping, and biodiversity assessment of ICCA and in the listing or registration of
ICCA with the Registry and similar global platforms or network.

Enforcement of the preventive mechanisms and penal provisions of this Act
shall also be vested in the DENR.

The agency shall also take into account the issues and concerns on ICCs
in all management planning and decision-making processes of the ICCs/IPs.

The government shall provide funds for the publication of the list of verified
ICCAs.

Section 20. Role of Other Government Agencies and LGUs. —
Consistent with their respective mandates and upon formal request by ICCs/IPs,
national government agencies and LGUs shall provide financial and technical
assistance in building and strengthening the capacity of the requesting ICCs/IPs
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 (NEDA), 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.

Section 21. Engagement with the Private Sector and Civil Society to
Recognize ICCAs. - The ICCS/IPs, the NCIP and the DENR shall actively
engage and collaborate with the private sector and civil society in raising public
awareness and recognition of ICCAs, and in obtaining specialized assistance and
services, subject to FPIC requirements of the concerned ICCs/IPs. Public
Participation in the protection, conservation, and sustainable use of ICCAs in
accordance with the ICCs/IPs customary law and IKSP, especially at the local
level, shall be encouraged to maximize conservation and community benefits.

Section 22. Sustainable Livelihoods. — Subject to the provisions of the
Constitution, the NCIP, the DENR, and other relevant government agencies shall
support sustainable livelihood opportunities, including  biodiversity-friendly
livelihoods that are identified and defined by ICCs/IPs consistent with traditional
practices and resource use in accordance with ICCs/IPs customary law and IKSP
that contribute to the sustainable and proper management of the ICCAs.

CHAPTER VI
PENA PROVISIONS

Section 23. Prohibited Acts. — any act inconsistent with the policies of
conservation and protection, and prohibited in Republic Act No. 8371 and Republic
Act No. 7586, as amended, is prohibited.

Section 24. Penalties. — Any individual, corporation, partnership,
association or judicial entity who commits any acts in violation of Section 23 of this
Act shall upon conviction, be punished by imprisonment of not less than six
months but not more than six (6) years or a fine of not less than Fifty Thousand
Pesos (P50,000.00) but not more than Fifty Million Pesos (P50,000,000.00), or
both, at the discretion of the court.

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 kalikasan. This is without prejudice to the other provisional remedies provided
under Rule 127 of the Revised Rules on Criminal Procedure.

The offender, upon conviction, shall also provide restitution commensurate
to the cost of the destroyed ecosystem and the cost of rehabilitation of the same
as agreed upon with the ICCs/IPs.

If the offender is a government official or employee, the offender shall, in
addition to imprisonment and fine, be perpetually disqualified to hold public office.

Any object and instrumentality used in committing any of the prohibited acts
under Section 23 of this Act shall be confiscated and forfeited in favor of the
government.


If the offender is a juridical entity, the penalty of imprisonment and fine shall
be imposed upon its manager, director, representative or employee responsible
for the violation without prejudice to the cancellation or revocation of the license
or accreditation of the offender, issued by any licensing or accredited body of the
government.

If the offender is an alien, the offender shall be deported immediately after
service of the sentence.

The prosecution of offenses under Section 23 of this Act shall be without
prejudice to any liability for violation of Republic Act No. 8371 or other criminal and
civil liabilities under existing laws.

CHAPTER VII
FINAL PROVISIONS

Section 25. Annual Report. — The Chairperson of the NCIP shall submit
to the President of the Philippines and to the Congress an annual progress report
on the implementation of this Act. The report shall be posted in the website of the
NCIP.

Section 26. Construction. — The provisions of this Act shall be constructed
liberally in favor of ICCs/IPs and the protection and conservation of biodiversity.
In no way, shall it be interpreted as an instrument to exploit ICC/IPs or undermine
the intent of this Act to conserve and protect ICCAs.

This Act shall not in any manner adversely affect the rights and benefits of
the ICCs/IPs under Republic Act No. 8371, international conventions,
recommendations, international treaties, national laws, awards, customs and
agreements.

Section 27. Appropriations. — The amount necessary to cover the initial
implementation of this Act shall be charged against the current years
appropriations of the concerned departments or agencies. Thereafter, such sums
as may be necessary for its continued implementation shall be included in the
annual General Appropriations Act.

Section 28. Implementing Rules and Regulations. — 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
full participation of ICCs/IPs, issue the necessary rules and regulations for the
effective implementation of this Act.

Section 29. Separability Clause. — if any part or provision of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected
shall remain in full force and effect.


Section 30. Repealing Clause. — All laws, decrees, orders, rules and
regulations and other issuances, or parts thereof, which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 31. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,