Republic af the Philippines
House of Represeututines

NINETEENTH CONGRESS
First Regular Session

1087

HOUSE BILL NO.

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

AN ACT INSTITUTIONALIZING INDIGENOUS PEOPLES MANDATORY
REPRESENTATION IN THE PROVINCE OF NUEVA VIZCAYA AND APPROPRIATING
FUNDS THEREFOR,

EXPLANATORY NOTE

It is declared policy of the State, according to Section 22, Article 11 of the 1987 Philippine
Constitution that, “The State shall recognize and promote the rights in indigenous cultural
communities (ICs) within the framework of national unity and development

To accomplish this mandate, R.A. No. 8371, otherwise known as the Indigenous Peoples
Rights Act of 1997 (IPRA) was enacted. Section 16 of this law provides that, ICCs/IPs have the right
to participate fully, if they so choose, at all levels of decision-making in matters which may affect
their rights, lives and destinies through procedures determined by them as well as to maintain and
develop their own indigenous political structure. Consequently, the State shall ensure that the
ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative
councils.”

However, despite the existence of the aforementioned provision of IPRA Law, the ICCs/IPs
remain underrepresented, particularly in the province of Nueva Vizcaya, Due to this under
representation in council or bodies that make decisions about the lives of the IPs, there is a
continuous struggle to uphold their already constitutionally-recognized rights. With this reality, the
State must be more vigilant in protecting the [Ps in our country

With the view of uplifting the welfare of the IPs, this bill seeks to institutionalize IPs
mandatory representation in the province of Nueva Vizcaya. It is hoped that with this bill, the local
government unit of Nueva Vizcaya will recognize and provide a representative from the IP sector to
their local legislative or Sanggunian. This will ensure a more coordinated effort between the State
and the IP sector in guaranteeing the protection of their rights

In view of the foregoing, the passage of this bill is eamestly sought

an LLOREN CUARESMA


Republic of the Vhitinpines
House of Representatives

NINETEENTH CONGRESS
First Regular Session

1067

HOUSE BILL NO.

Introduced by Rep. Luisa Loren Cuaresma
Lone District of Nueva Vizcaya

AN ACT INSTITUTIONALIZING INDIGENOUS PEOPLES MANDATORY
REPRESENTATION IN THE PROVINCE OF NUEVA VIZCAYA AND APPROPRIATING
FUNDS THEREFOR.

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

SECTION 1. Short Title — This Act shall be known as the “Nueva Vizcaya IP
Representation Act”

SECTION 2. Declaration of Policies — Pursuant to the 1987 Constitution and Republic Act
No, 8371 otherwise known as the “The Indigenous Peoples’ Rights Act of 1997", the State shall
recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples
(ICCS/Ps) particularly the following:

a) 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,]

b) 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

¢) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for
cultural integrity by assuring maximum ICC/P 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,

SECTION 3. Definition of Terms — For the purpose of this Act, the following terms are
defined as follows

a) Indigenous Cultural Communities Indigenous Peoples (ICCs IPs) refer to a group of
people or homogenous societies identified by self-subscription by other, who have
continuously lives as organized community on communally bounded and defined
territory, and who have under claims of ownership since time immemorial, occupied,
possessed and utilized such territories, sharing common bonds of language, customs,
tradition and other distinctive cultural traits, or who have, through resistance to political,


b) social and cultural inroads of colonization, non-indigenous religions and culture, became
historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include
peoples who are regarded as indigenous on account of their descent from the populations
which inhabited the country, at the time of conquest or colonization, or at the time of
inroads of non-indigenous religions and cultures, or the establishment of present
boundaries, who retain some or all of their own social, economic, cultural and political
institutions, but who may have been displaced from their traditional domains or who may
have resettled outside their ancestral domains.

©) Indigenous Peoples Mandatory Represemative refers to a person duly selected and
confirmed under the provisions of this Act to become an automatic member of the local
legislative as representative of the indigenous people’s sector,

d) Indigenous Political Structure ~ refers to the organizational and cultural leadership
systems, institutions, relationships, patterns and process of decision-making and
participation, identified by ICCs/IPs

©) National Commission on Indigenous Peoples (NCIP) ~ refers to the office attached under
the Office of the President and created under Republic Act No. 8371. It is currently the
primary government agency responsible formulation and implementation of policies,
plans, and programs to recognize, protect and promote the rights of the ICCs/IPs

SECTION 4. Institution/Creation ~ There is hereby created/instituted a national program

for Indigenous Peoples Mandatory Representation in the Province of Nueva Vizcaya under the direct
supervision of the NCIP in coordination with the Local Government Unit of the Province.

SECTION §. Scope of Application - The Indigenous Peoples Mandatory representation

shall be applicable to the Province of Nueva Vizcaya. Each of the recognized ICCs/IPs shall have its
‘own representation

SECTION 6. Selection/Qualification - No person shall become an Indigenous Peoples

Mandatory Representative (IPMR) unless he or she is

a)
b)
c)
d)

e)

)

A bonafide member of the ICCs/IPs sought to be represented in the Province of Nueva
Vizcaya:

A bonafide member of an Indigenous Political Structure, accredited by the NCIP, of the
ICCs/IPs in the Province of Nueva Vizcaya:

Selected through customary laws and traditions by majority of the members of ICCs/IPs
sought to be represented and whose selection has been confirmed by the NCIP:

At least twenty-one (21) years of age;

Resident of the Province of Nueva Vizcaya; and

Of good moral character

SECTION 7. Terms of Office - Any person whose selection has been confirmed by the

NCIP to become an IPMR shall become an automatic member of the local legislative or the
Sanggunian concerns as representative of the Indigenous Peoples sector

An IPMR shall serve in the local or Sanggunian for a period of three (3) years from the time

his or her selection shall have been confirmed by the NCIP. The confirmation of the NCIP shall
also serve as the appointment of the IPMR in the local legislative or Sanggunian concerned.

No person shall serve the IPMR for more than three (3) consecutive terms in the same local

legislative or Sanggunian, In case of death, permanent incapacity, or voluntary resignation or
both, of an IPMR, the successor shall serve the unexpired portion of his or her predecessor


SECTION 8, Remuneration — any person selected and confirmed as IPMR shall receive
from the NCIP his or her remuneration and benefits equivalent to the remuneration and benefits
given to members of the local legislative or Sanggunian where the IPMR shall have become a
member.

SECTION 9. League of Indigenous Peoples Mandatory Representative ~ There is hereby
created an association of all IPMRs. The association shall be called the “League of Indigenous
Peoples Mandatory Representative (LIPMR)” as provided for under the Title VI of Republic Act.
No. 7160. Otherwise known as the Local Government Code. The LIPMR shall become a member of
the umbrella organization of the Union of Local Authorities of the Philippines.

SECTION 10. implementation. — Within sixty (60) days after the implementation of this
Act, the NCIP in coordination with TESDA, DepEd and CHED, shall promulgate the necessary rules
a and regulation to govern the effective implementation of this Act.

SECTION 11. Appropriations ~ The amount necessary to carry out the provisions of this
Act shall be included in the budget of concerned government agencies in the General appropriations
Act of the year following its enactment into law and thereafter.

SECTION 12. Repealing Clause - All laws, decrees, executive orders, administrative orders
or parts thereof inconsistent with the provision of this Act are hereby repealed, amended or modified
accordingly

SECTION 13. Separability Clause - If any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.

SECTION 14. Effectivity Clause ~ This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in at least two (2) newspaper of general circulation.

Approved,