REPUBLIC OF THE PHILIPPINES eet
House of Representatives Po
Quezon City ;

FIFTEENTH CONGRESS
Second Regular Session

~ 3543

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVES NANCY A. CATAMCO and TEDDY BRAWNER BAGUILAT, JR.

EXPLANATORY NOTE

No less than the 1987 Constitution declares, Section 22, Article Il thereof, declares that
*(t}he State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.”

As a concrete step towards the recognition and promotion of all the rights of indigenous
Cuttural Communities/Indigenous Peoples {ICCs/IPs) within the framework of the Constitution
as well as RA No. 8371, otherwise known as the Indigenous Peoples Rights Act, this bill seeks to
create a Department of indigenous Peoples (DIP), which shall become primary government
agency tasked to formulate and implement the national policies, plans, and programs relating
to the rights of ICCs/IPs.

Although the National Commission on Indigenous Peoples {NCIP) is at present
performing the functions related to the formulation and implementation of policies, plans and
programs to recognize, protect, and promote the rights of ICCs/iPs, a department specifically
created for such purpose can further strengthen such formulation and implementation.
Towards this end, the DIP shail engage with ICCs/IPs and all levels of Government to improve
service delivery and facilitate the development of policy and programs which carry out
sustainable economic, environmental, and social benefits to indigenous communities.

The creation of the DIP will be a significant breakthrough to guarantee the realization of
these rights, taking into consideration their customs, traditions, values, beliefs, their rights to

their ancestral domains.

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

ato, 2nd District



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session
HOUSE BILL No: 8543

Introduced by Representatives Nancy A. Catamco and Teddy Brawner Baguilat, Jr

AN ACT CREATING THE
DEPARTMENT OF INDIGENOUS PEOPLES,
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR AND OTHER
PURPOSES.

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

SECTION 1. Title. This Act shail be known as the “Department of Indigenous Peoples Act
of 2012."

SECTION 2: Creation. The Department of Indigenous Peoples, hereinafter referred to as
the Department, is hereby created, structurally and functionally, in accordance with the

provisions of this Act

SECTION 3. Declaration of Policies. The State shall recognize and promote all the rights

of Indigenous Peoples (IPs) hereunder enumerated within the framework of the Constitution:

2. The State shall recognize and promote the rights of IPs within the framework of
national unity and development;

b. The State shall protect the rights of IPs to their ancestral domains to ensure their
economic, social and cultural well being and shall recognize the applicability of
customary laws governing property rights of relations in determining the

ownership and extent of ancestral domain;


¢. The State shall recognize, respect and protect the rights of IPs to preserve and
develop their cultures, traditions and institutions. It shall consider these rights in
the formulation of national laws and policies;

d. The State shall guarantee that members of the IPs regardless of sex, shall equally
enjoy the full measure of human rights and freedoms without distinction or
discrimination;

e. The State shall take measures, with the participation of the IPs concemed, to
protect their rights and guarantee respect for their cultural integrity, and to
ensure that members of the IPs benefit on an equal footing from the rights and
opportunities which national laws and regulations grant to other members of the
population; and

f, The State recognizes its obligations to respond to the strong expression of the
1s for cultural integrity by assuring maximum IP participation in the direction of
education, heath, as well as other services of tPs, in order to render such

services more responsive to the needs and desires of these communities.

Towards these ends, the State shall institute and establish the necessary mechanisms to
enforce and guarantee the realization of these rights, taking into consideration their customs,
traditions, values, beliefs, interests and institutions, and to adopt and implement measures to

protect their rights to their ancestral domains

SECTION 4: Jurisdiction of the Department. To carry out the policies herein set forth
under Republic Act 8371 otherwise known as the Indigenous peoples Rights Act of 1997 and aft
‘other applicable laws, the Department shall be the primary government agency responsible for
the formulation and implementation of policies, plans and programs ta promote and protect
the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well

as their rights thereto.

SECTION 5. Powers and Functions of the Department. To accomplish its mandate, the
Department shall have the following powers, functions, and respansibilities:
a. Promulgate necessary rules and regulations governing the implementation of the

provisions of RA No. 8371 and pertinent laws.


b. Develop, administer, and implement policies, plans, programs and projects for the
economic, sociat, and cultural development of the ICCs/IPs

c. Establish such regional, provincial, city and municipal branches and field offices of
the Department whenever and wherever it may be expedient or necessary, and to
supervise such branches.

d. Provide social welfare services to ICCs/IPs, including social work assistance, legal
assistance, and cultural services

e. Coordinate government and voluntary efforts in social welfare work to avoid
duplication and overtapping of responsibility in social services.

f._ Implement relevant provisions of international treaties and agreements.

&. Collect and maintain records and facilitate research relating to rights and cultural
heritage of 1CCs/IPs.

h. Promote public awareness and insure proper dissemination of information on
understanding of Indigenous rights and cultural heritage.

i. Perform quasi-judicial and allied functions and settle conflicts.

J. Perform alll other functions consistent with RA No. 8371 and as may be provided by

law

SECTION 6. Authority and Responsibility. The Department shall be headed by the

Secretary who shail be appointed by the President of the Republic of the Philippines

SECTION 7, Staff Appointments. The Department shall determine its organizational
structure and its staffing pattern and shall appoint officers and employees of the Department in

accordance with laws, rules and regulations governing government agencies.

SECTION 8. Appropriation. The amount to carry out the provisions of this Act shall be
included in the General Appropriations Act of the year following its enactment into law and

thereafter.


SECTION 9. Repealing Clause. All other decrees, laws, rules and regulations, and other
issuances or parts thereaf, inconsistent with this Act are hereby repealed or modified

accordingly.

SECTION 10. Separability Clause. If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not atherwise affected shall remain in full force

and effect.

SECTION 11. Effectivity Clause. This Act shall take effect after fifteen (15) days from its

publication in at least two (2) papers of general circulation.

Approved,