Republie of the PI
HOUSE OF REPRES

Quezon Ci

hilippines

ENTATIVES

y

Seventeenth Cong
First Regular Session

4612

ss

HOUSE BILL NO.

dluced by Representative Manuel Antonio F, Zubiri

EXPLANATORY NOTE

The passaze of Republic Act No. $371. otherwise known as the “Phe Indigenous
Peoples’ Rights Act of 1997". represents a landmark in Philippine legislation in that it
breathed life and meaning to the Constitutional mandate for the recognition and promotion of
the rights of Indigenous Cultural Communities and Indigenous Peoples, In this. regard,
Section 2 of R.A. 8371 provides thus:

SECTION 2. Declaration of State Policies. — The State shall
recognize and promote all the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within
the framework of the Constitution:

a) The State shall recognize and promote the rights of ICCs/IPs
within the framework of national unity and development;

b) The State shall protect the rights of ICCs/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 or
relations in determining the ownership and extent of ancestral domain;

c) The State shall recognize, respect and protect the rights of
ICCs/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 ICCs/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
ICCs/IPs concerned, to protect their rights and guarantee respect for their
cultural integrity, and to ensure that members of the ICCs/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 ICCs/IPs for cultural integrity by assuring maximum ICC/IP
participation in the direction of education, health, as well as other services
of ICCs/IPs, 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,

While certainly laudable in its legislative purposes and present achievements. R.A.
8371 still falls short in its effecting the full implementation and attainment of the State's
above-declared policies. For the same reason that Congress. in its promulgation of Republic
Act No. 9997 otherwise known as the “National Commission on Muslim Filipinos Act of
2009", accorded greater importance and urgency in addressing the needs and welfare of our
brother Muslim F Filipinos through the creation of a new Department under the Office of the
President, this bill seeks to accord the same level of importance and urgency to the needs and
welfare of Indigenous Cultural Communities and Indigenous Peoples as well. ‘This bill
sweeps away the old National Commission on Indigenous Peoples (*NCIP*) created under
R.A, 8371 in favor of the creation of the Department of Indigenous Cultural Communities
and Indigenous Peoples. Among other innovations. this bill mandates that the Department
shall take over from the NCIP and be headed by Cabinet Secretary, The former offices
under the NCIP have likewise been reorganized into bureaus of the Department



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
t Regular Session

4612

HOUSE BIL!

Introduced by Representative Manuel Antonio F. Zubiri

AN ACT
CREATING THE DEPARTMENT OF INDIGENOUS CULTURAL COMMUNITIES
AND INDIGENOUS PI 'S DEFINING ITS POWERS, FUNCTIONS AND
RESPONSIBILITIES AND APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

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

SECTION I. Short Title. — This Act shall be known as the “Department of
Indigenous Cultural Communities and Indigenous Peoples Act of 201.”

PION 2. Declaration of Poli
ensure the rights and well-being of Indigenous Cultural Communities and Indigenous
Peoples (ICCs/IPs) with due regard to their belief
well as (0 further ensure their contribution to national goals and aspi
them active participants in nation-building.

It is henceforth the policy of the State to

customs, traditions and institutions, as

ions and to make

A
VATION OF THE DEPAR

Ch

SECTION 3. Creation of the Department of Indigenous Cultural Communities
and Indigenous Peoples (DEPARTMENT

the Department of Indigenous Communities and Indigenous Peoples is hereby created

In pursuance of the abovementioned policy


The Department shall be an independent department under the Office of the President, Its
coverage shall be both local and national affairs involving ICCs/IPs that include the
implementation of economic, educational, cultural, and infrastructure programs. for
Indigenous Filipino communities. It shall be the primary government body responsible for
the formulation and implementation of policies, plans and programs to promote and protect
the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as
well as the rights thereto.

SECTION 4. Composition. — The Department shall be headed by a Secretary
belonging to ICCs/IPs. The Department shall have seven (7) undersecretaries, all of whom
shall be appointed by the President of the Philippines from a list of recommendees submitted
by authentic ICCs/IPs: Provided, That the seven (7) underseeretaries shall be appointed
specifically from each of the following ethnographic areas: Region 1 and the Cordillera:
Region Il; the rest of Luzon; Island Groups including Mindoro, Palawan, Romblon, Panay
and the rest of the Visayas; Norther and Western Mindanao; Southern and F:
Mindanao; and Central Mindanao: Provided further, ‘That at least two (2) of the seven (7)
underseeretaries shall be women. ‘They shall be individuals who possess the highest degree
of integrity and have the endorsement of their respective tribes or sectors.

tern

The Department may create a Council of Advisers to be composed of cultural, religious,
traditional, and tribal leaders. The Council shall advise the Department on matters pursuant
to the Department's mandate.

SECTION 5. Qualifications, Tenure, Compensation.

The Secretary shall attend the Cabinet-level meetings, be appointed by the President, and
shall serve at the pleasure of the President,

The Secretary and the seven (7) undersecretaries must be natural born Filipino citizens, bona
fide members of the ICCs/IPs as certified by his/her tribe, experienced in ethnic affairs and
ten (10) years with an ICC/IP community and/or any
government agency involved in ICC/IP, at least 35 years of age at the time of appointment,
and must be of proven honesty and integrity: Provided, That at least two (2) of the seven (7)
underseeretaries. shall be members of the Philippine Bar: Provided, further, That the
underseeretaries shall serve at the pleasure of the President

who have worked for at leas

The Secretary and the underseeretaries shall have the same rank, salary, and privileges as
those of any other Cabinet Secretary and Cabinet undersecretaries, respectively.


SECTION 6. Removal from Office. — The President may, on his own initiative or
upon recommendation by any indigenous community, remove the Secretary or any or all
ndersecretaries at any time and with or without cause.

SECTION 7. Appointment of Undersecretaries. — The President shall appoint the
seven (7) underseeretaries of the Department within ninety (90) days from the effectivity of
this Act

ARTICLE IL
POWERS AND FUNCTIONS

SECTION 8 Powers and Funetions, — ‘To accomplish its mandate, the Department,
through the Secretary, shall have the following powers, jurisdiction and function:

a) Provide advice and assistance to the President in the formulation, coordinatioi
implementation and monitoring of policies, plans, programs and projects affecting ICCs/IPs;
when so authorized, represent the President on matters concerning ICCs/IPs; serve as a link
between the President and public or private agencies, internal or external, that are involved
in such programs and projects; and recommend such affirmative actions as may be necessary
for their efficient and effective implementation;

(b) Undertake and coordinate development programs and projects for the advancement
of ICCs/IPs, including designing, implementing and maintaining settlements for ICCs/IPs:
Provided, That the Department shall not take jurisdiction or ownership over lands, and
bodies of water traditionally and actually occupied by Muslim Filipino communities and
within the identified ancestral domains of the National Commission on Muslim Filipinos:
Provided, further, That lands may be identified by the Department for the purpose of settling
the homeless and displaced ICCs/IPs to improve the conditions of the members of the
ICCS/IPs;

(©) Act as the primary government officer through which ICCs/Ps can seek government
assistance and redress: serve as the medium through which such assistance may be extended
to ICCs/IPs; for this purpose, the Department is hereby authorized, subject to existing
auditing rules and regulations, to give grants-in-aid out of its appropriations or other
appropriate funds to cooperating government agencies for such programs or projects for the
development of ICCs/IPs; provide services including legal assistance, medical aid, relief,
rehabilitation and other forms of assistance for socioeconomic uplifiment of ICCS/IPs;

(d) Enter, subject to existing laws, policies and guidelines, into contracts, agreements or
arrangements with government or private agencies/entities as may be necessary to attain the
objectives of the Department;


(c) In accordance with existing laws, rules and regulations and subject to guideline:
provided by the Office of the President, promote and enhance the development of domestic
trade and commerce among the members of the ICCs/IPs; promote or facilitate the
establishment by members of the ICCs/IPs joint venture and investments in cooperation or
coordination with existing public enterprises, corporations or private entities; initiate and/ or
organize, in accordance with pertinent laws, rules and regulations, enterprises based on the
principles of indigenous business and finance for the benefit and welfare of the ICCs/IPs;

(1) Recommend to the Department of Budget and Management (DBM) the proposed
expenditure for the development of all ICCs/IPs,

(2) Develop criteria for allocating additional resources for education, economic and
cultural development programs;

(bh) Monitor and evaluate the performance of all existing policies and development
programs of the government that seek to strengthen and uplift the socioeconomic conditions

of ICCs/IPs and identify areas that need government intervention and support:

si

(Acquire, lease or own property or a whatever form as may be necessary, and
sell or otherwise dispose of the same, and serve as the custodian or administrator of such
lands or areas and other properties or assets the President may reserve for the benefit of
ICCs/IPs;

(Solicit and accept grants, donations and gifts, in cash or in kind, in whatever source,
in coordination with the appropriate agency for the benefit of the ICCs/IPs, and administer
the same in accordance with the terms thereof, or in the absence of any condition, in such
manner consistent with the interest of ICCS/IPs as well as existing laws;

(k) Undertake studies, establish and maintain ethnographic research centers and
museums on the cultures and institutions of ICCs/IPs for policy formulation and program
implementation and for the purpose of preserving their historical heritage;

(I) Certify, whenever appropriate, membership of persons in ICCs/IPs for purposes of
establishing qualifications for specific requirements of government and private agencies or
for benefits as may be provided by law:

icates of ancestral land/domain title;

(m) _ Issue certil

(n) Provide legal and technical services for the survey, adjudication, titling, and
development of identified ancestral domains and settlements proclaimed by the government
for the ICCs/IPs;



(0) Assist the National Statistics Office (NSO) in conducting census on the actual
population of ICCs/IPs in the country;

(p) Formulate and adopt continuing programs and activities to strengthen and preserve
the cultural heritage of ICCs/IPs, in coordination with appropriate agencies of the
government;

(q) Promote and supervise, in coordination with appropriate agencies of the government,
the implementation of indigenous learning systems among the ICCs/IPs; and provide
assistance in the expeditious accreditation of indigenous learning institutions with the
appropriate agencies of the government:

(r) Ensure that the curriculum of the indigenous learning system shall conform with the
basic curriculum of the national formal education system which shall include, among others,
the subjects on Filipino and English Grammar and Usage, Philippine History and
Geography, Science and Technology. Mathematics, Physical Education and Sports
Development, and Vocational Education to secure the local and international
competitiveness of ICC/IP graduates from the indigenous learning institutions;

(8) Ensure the continuous transfer of technology to ICCs/IPs to upli
of ICCs/IPs;

the quality of life

() To convene periodic conventions or assemblies of ICCs/IPs to review, assess as well
as propose policies or plans;

(u) To issue appropriate certification as a pre-condition to the grant of permit, lease,
grant, or any other similar authority for the disposition, utilization, management and
appropriation by any private individual, corporate entity or any government agency,
corporation or subdivision thereof on any part or portion of the ancestral domain taking into
consideration the consensus approval of the ICCs/IPs concerned;

(v) To decide all appeals from the decisions and acts of all the various offices within the
Department;

(w) To represent the Philippine ICCs/IPs in all international conferences and conventions
dealing with indigenous peoples and other related concerns;

(x) To exercise such other powers and function
the Republic of the Philippines;

as may be directed by the President of

(y) Promulgate such rules and regulations and exercise such powers and functions as
may be necessary to carty out the purposes and objectives outlined in this Act; and



(z) Perform such other functions as may be necessary for its effective operations and
continued enhancement as a government entity

SECTION 9, Accessibility and Transparency. — Subject to such limitations as may
be provided by law or by rules and regulations promulgated pursuant thereto, all official
records, documents and papers pertaining to official acts, transactions or decisions, as well
as research data used as basis for policy development of the Department shall be made
accessible to the public.

SECTION 10, Administrative Supervision and Control. - The administrative supervision
and control over the personnel, excepting the undersecretaries, and the properties of the
Department shall be vested in the Secretary. Except for presidential appointees, the
appointment of and imposition of disciplinary measures on the same personnel shalll likewise
be vested in the Secretary who shall accomplish the same in consultation with the
undersecretaries, except that when the administrative charge entails, considering the
circumstances alleged in the complaint, the penalty of dismissal from the service, the
decision thereon shall be by the Secretary. ‘The Secretary shall exercise administrative
supervision over the undersecretaries. ‘The undersecretaries shall assist the Secretary in the
performance of his/her functions, who may assign or delegate specific, substantive or
administrative responsibi

es to any of them,

SECTION 11. Organizational Structure. - The Department shall be composed of the
offices of the Secretary, the undersecretaries, the Executive Director and the Deputy
Executive Director and their immediate staff, the Bureaus, Services, Regional Offices, Field
Offices and Sub-offices,

SECTION 12. Bureaus. — The Bureaus of the Department shall consist of the Bureau
of Ancestral Domains, Bureau on Policy, Planning and Research, Bureau of Education,
Culture and Health, Bureau on Socio-Economic Services and Special Concerns, Bureau on
Empowerment and Human Rights, Administration, and Bureau of Legal Affairs. Each of
these Bureaus shall be headed by a Director who shall hold the same rank, salary, and
privileges of a Staff Bureau Director, The Bureau Director shall be appointed by the
President from among the names or nominees submitted by the Secretary to the President.

a) Bureau of Ancestral Domains — The Bureau of Ancestral Domains shall take over
the functions of the Office of Ancestral Domains of the National Commission on Indigenous
Peoples (“NCIP”) and be responsible for the identification, delineation and recognition of
ancestral lands/domains. It shall also be responsible for the management of ancestral
lands/domains in accordance with a master plan as well as the implementation of the
ancestral domain rights of the ICCs/IPs as provided in Chapter III of Republic Act No. 8371.
It shall also issue, upon the free and prior informed consent of the ICCs/IPs concerned,



certification prior to the grant of any license, lease or permit for the exploitation of natural
resources affecting the interests of ICCs/IPs or their ancestral domains and to assist the
ICCs/IPs in protecting the territorial integrity of all ancestral domains. It shall likewise
perform such other functions as the Secretary may deem appropriate and necessary

b) Bureau of Policy, Planning and Research — 'The Bureau of Policy, Planning and
Research shall take over the functions of the Office of Policy, Planning and Research of the
NCIP and be responsible for the formulation of appropriate policies and programs for
ICCs/Ps such as, but not limited to, the development of a Five-Year Master Plan for the
ICCs/IPs, Such plan shall undergo a process the Secretary shall
endeavor to assess the plan and make ramifications in accordance with the changing
situations, The Bureau shall also undertake the documentation of customary law and shall
establish and maintain a Research Center that would serve as a depository of ethnographic
information for monitoring, evaluation and policy formulation. tt shall assist the legislative
branch of the national government in the formulation of appropriate legislation benefiting
ICCs/IPs;

that every five ye:

° Bureau of Education, Culture and Health — The Bureau of Culture, Education
and Health shall take over the functions of the Office of Education, Culture and Health of
the NCIP and be responsible for the effective implementation of the education, cultural and
related rights as provided in this Act. It shall assist, promote and support community
schools, both formal and non-formal, for the benefit of the local indigenous community,
especially in areas where existing educational facilities are not accessible to members of the
indigenous group. It shall administer all scholarship programs and other educational rights
intended for ICC/IP benef coordination with the Department of Education, Culture
and Sports and the Commission on Higher Education, It shall undertake, within the limits of
available appropriation, a special program which includes language and vocational training,
public health and family assistance program and related subj

aries

ects,

It shall also identify ICCs/IPs with potential training in the health profe
and assist them {0 enroll in schools of medicine, nursing, physical therapy and other allied
courses pertaining to the health profession.

sion and encourage

Towards this end, the Secretary shall deploy a representative in each of the said offices who
shall personally perform the foregoing task and who shall receive complaints from the
ICCs/IPs and compel action from appropriate agency. It shall also monitor the activities of
the National Museum and other similar government agencies generally intended to manage
and preserve historical and archeological artifacts of the ICCs/IPs and shall be responsible
for the implementation of such other functions as the Secretary may deem appropriate and
necessary:



d) Bureau on Socio-Economic Services and Special Concerns — The Bureau on Socio-
Economic Services and Special Concerns shall take over the functions of the Office on
Socio-Economic Services and Special Concerns of the NCIP and serve as the Bureau
through which the Secretary shall coordinate with pertinent government agencies specially
charged with the implementation of various basic socio-economic services, policies, plans
and programs affecting the ICCs/IPs to ensure that the same are properly and directly
enjoyed by them, It shall also be responsible for such other functions as the Secretary may
deem appropriate and nece

sary;

e) Bureau of Empowerment and Human Rights The Bureau of Empowerment
and Human Rights shall take over the functions of the Office of Empowerment and Human
Rights of the NCIP and ensure that indigenous socio-political, cultural and economic rights
are respected and recognized. It shall ensure that capacity building mechanisms are
tuted and ICCs/IPs are afforded every opportunity, if they so choose, to participate in all
levels of decisi ‘ing. It shall likewise ensure that the basic human rights, and such
other rights as the Secretary may determine, subject to existing laws, rules and regulations,
are protected and promoted:

ins

Administration — The Administration shall take over the functions of the Office
of Administration of the NCIP and provide the Secretary with economical, efficient and
effective services pertaining to personnel, finance. records, equipment, security, supplies and
related services. It shall also administer the Ancestral Domains Fund; and

8) Bureau of Legal Affairs— The Bureau of Legal Affairs shall take over the
functions of the Office of Legal Affairs of the NCIP and advise the Secretary on all legal
matters concerning ICCs/IPs and which shall be responsible for providing ICCs/IPs with
legal assistance in litigation involving community interest, It shall conduet preliminary
investigation on the basis of complaints filed by the ICCs/IPs against a natural or juridical
person believed to have violated ICCs/IPs rights. On the basis of its findings, it shall initiate
the filing of appropriate legal or administrative action to the Secretary.

SECTION 13. Other Offices. The Department, through the Secretary, shall have
the power to create additional bureaus or offices as it may deem necessary subject to
existing rules and regulations.

SECTION 14. Regional and Field Offices. — Existing regional and field offices shall
remain to function under the strengthened organizational
appropriate and the staffing pattern thereof shall be
determined by the Secretary; Provided, That in provinces where there are ICCs/IPs but
without field offices, the Secretary shall establish field offices in said provinces.

ructure of the Department, Other
field offices shall be created wherev‘



SECTION 15. The Secretariat. - The Department, through the Secretary, shall
organize a Secretariat that shall assist the Secretary in the performance of hi
and shall serve as the technical arm of the Secretary. The Secretariat shall be headed by an
Executive Director who shall be appointed by the President, The Executive Director shall
execute the policies and programs of the Department and shall be responsible for the
efficient and effective day-to-day management of the operations of the Department

her functions

The Executive Director shall recommend to the Secretary the budget of the Secretariat, its
staffing pattern, position classification and compensation scheme, and the appointment of its

personnel subject to existing laws, rules and regulations,

The Executive Director shall be appointed by the President and shall et
and may only be removed for cause in accordance with law

joy security of tenure

SECTION 16. Consultative Body. — A body consisting of the traditional leader
elders and representatives from the women and youth sectors of the different ICCs/IPs shall
be constituted by the Secretary from time to time to advise the Secretary on matters relating
to the problems, aspirations and interests of the ICCs/IP:

ARTICLE HI
APPROPRIATIONS, MANAGEMENT AND ADMINISTRATION

SECTION 17. Appropriations. - The amount necessary for the initial
implementation of this Act shall be charged against the current appropriations of the
NCIP. However, to carry out the additional functions and powers of the Commission as
provided in this Act, an additional amount of Five Hundred Million Pesos
(Php500,000,000.00) is hereby appropriated. Thereafter, such sums as may be needed for the
continued implementation of this Act shall be included in the annual General Appropriations
Act.

SECTION 18, Record of Transaction, - The Department shall keep proper accounts
and records of all its transactions and affairs, and shall exert all efforts to ensure that all
payments made out of its moneys are correctly made and properly authorized, and that
adequate control is maintained over the assets of, or in the custody of the Department and
the expenditures it may incur, The Department shall be subject to audit by the Commission
on Audit

SECTION 19. Civil Service Law Coverage for Employees. - The hiring,
appointment, employment, promotion, disciplinary control, separation, and other terms and
conditions of the service of all employees of the Department and such other matters


affecting its employees shall be consistent with the provisions of the Civil Service Law and
the Civil Service Commission's rules and regulations.

iCTION 20. Government Service Insurance § Coverage for
Employees. - All employees of the Department shall be deemed members of the GSIS and
shall enjoy all the benefits of said System.

SECTION 21. ‘Transitory Provisions. ~ The National Commission on Indigenous
Peoples created under Republic Act No. 8371 (“NCIP") is deemed abolished upon the
creation of the Department. All the powers, functions, assets, liabilities, capital, accounts,
contracts, equipment, and facilities of the NCIP shall be transferred to the Secretary

During the transition period, which begins upon approval of this Act, the President may
appoint the incumbent Chairperson of the NCIP as Acting Secretary of the Department until
the regular Secretary of the Department shall have been appointed,

All regular or permanent employees of the NCIP shall be absorbed or transferred to the
Department: Provided, That they possess the necessary qualifications, and shall not suffer
any loss of seniority or rank or decrease in emoluments.

No officer or employee in the career service shall be removed except for a valid cause and
after due notice and hearing. A valid cause for removal exists when, pursuant to a bona fide
reorganization, a position has been abolished or rendered redundant or there is a need to
merge, divide or consolidate pos
laylul causes allowed by the Civil Service Law.

ions in order to meet the exigencies of the service, or other

Employees separated and/or phased-out from the service as a result of the abolition of the
NCIP under the provision of this Act shall, within three (3) months from their separation
and/or phase-out from the service receive a separation pay in accordance with existing laws,
rules and regulations. In addition, those who are qualified to retire shall be allowed to retire
and be entitled to all benefits provided under existing retirement laws. ‘The fund of the NCIP
may be used to fund this purpose.

Employees separated and/or retired from the NCIP shall not be eligible for reappointment to
or employment in the Department whether on a permanent, temporary, casual or contractual
status within a period of three (3) years after separation or retirement.

The Secretary shall recommend to the President a work program that shall include the
organizational plan and structure, staffing pattern and compensation plan, budget, programs,
projects and activities of the Commission within ninety (90) days

from the approval of this



Act. Said work program shall be implemented by the Secretary within thirty (30) days after
its approval by the President,

SECTION 22. Periodic Performance Evaluation, - The Secretary is hereby required to
formulate and enforce a system of measuring and evaluating periodically and objectively the
performance of the Department and submit the same annually to the President and to the
Congress of the Philippines.

SECTION 23. Implementing Rules and Regulations. - The Department and the
Department of Budget and Management shall issue the implementing rules and regulations
ninety (90) days after the effectivity of this Act.

ION 24. Separability Claus

Act

‘on, any section or provision of thi

- If for any rea

is declared unconstitutional or invalid, the other sections or provisions hereof which are not
aff

cted thereby shall continue to be in full force and effect.

SECTION 25. Repealing Clause. — Chapter VII of Republic Act No. 8371 is hereby
repealed. All other acts, decrees, instructions, rules and regulations or parts thereof
inconsistent with the provisions of this Act are also hereby repealed or modified
accordingly.

SECTION 26. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in two (2) national newspapers of general circulation

Approved,