EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE 
S. No. 2178
OATt:
TIME
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROMOTING AND SAFEGUARDING COMMUNITY INTELLECTUAL RIGHTS 
(CIR) OF INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS 
PEOPLES
EXPLANATORY NOTE
The Philippines is home to around 14 to 17 million indigenous peoples (IPs) 
who belong to one hundred and ten (110) ethno-linguistic groups. With their unique 
traditions, cultures and practices, they have been set apart from the conventional 
world and away from the mainstream society. Part of the many struggles of the IPs 
is protecting their traditional cultural heritage - their artistic expressions (writings, 
songs, performance, etc.), traditional arts and crafts, to name a few.
Article II, Section 22 of the Philippine Constitution declares that, "The State 
recognizes and promotes the rights of indigenous cultural communities within the 
framework of national unity and development." Further, Article XIV, Section 17 states 
that, "The State shall recognize, respect, and protect the rights of indigenous cultural 
communities to preserve the develop their cultures, traditions and institutions. It shall 
consider these rights in the formulation of national plans and policies."
Along this constitutional mandate. Republic Act No. 8371, otherwise known as 
"The Indigenous Peoples Rights Act of 1997" was enacted to recognize, protect and 
promote the rights of indigenous cultural communities and indigenous people.


However, the law does not provide for specific provision for the protection of their 
cultural properties.
Traditional cultural heritage, whether tangible or intangible, is a vital right of 
indigenous communities, which must be respected and protected. This is the objective 
of the proposed "Community Intellectual Rights of Indigenous Cultural Communities / 
Indigenous Peoples Act".
Through the National Commission for Culture and the Arts, National Museum, 
National Commission on Indigenous Peoples, and the local government units, this bill 
shall create a comprehensive cultural archive, which shall organize and provide an 
inventory of all cultural properties of the different ethno-linguistic groups of the 
Philippines. This bill also mandates the payment of royalties for the use of cultural 
property of the Indigenous groups.
To prevent possible abuses on the exploitation of our IPs' cultural heritage, this 
bill will be a source of their traditional intellectual property using the standards of the 
conventional intellectual property system. This will also fill the gap in the legal 
protection afforded to the works resulting from traditional knowledge and apply the 
conventional forms of Intellectual property like copyright, royalty, and ownership.
This measure was filed by Representative Loren B. Legarda and was deliberated 
upon by the House Committee on Indigenous Cultural Communities and Indigenous 
Peoples.
In view of the foregoing, the immediate passage of this bill is highly 
recommended.
RAMOINL/BONG revilla, JR.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE 
S. No. 2178
DATS
TiME
INDEX
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROMOTING AND SAFEGUARDING COMMUNITY INTELLECTUAL RIGHTS 
(CIR) OF INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS 
PEOPLES
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled:
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Section 1. Short Title. - This Act shali be known as the " Community Intellectual
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Rights of Indigenous Cultural Communities / Indigenous Peoples Act'.
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Sec. 2. Declaration of Principles and Policy. - It shall be a declared policy of the
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State to recognize, respect, protect, and safeguard the traditional cultural heritage of
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indigenous cultural communities/indigenous peoples (ICCs/IPs), both tangible and
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intangible; preserve and protect their culture, traditions and institutions; and to
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recognize and support traditional knowledge (TK), traditional arts and artisans for their
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contribution to their cultures, national heritage, and social and economic development.
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Towards this end, the state shall take measures to protect and guarantee
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respect for the cultural integrity of ICCs/IPs, and their right to practice and revitalize
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their own cultural traditions and customs. The State shall preserve, protect, and
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develop the past, present, and future manifestations of their cultures as well as the
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right to the restitution of cultural, intellectual, religious, and spiritual property taken
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without their free, prior and informed consent (FPIC) or in violation of their laws,
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traditions, and customs.


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Sec. 3. Definition of Terms. - For purposes of this Act, the following terms
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shall be defined as follows:
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a) Commission shall refer to the National Commission on Indigenous
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Peoples (NCIP);
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b) Community Inteiiectuai Rights shall refer to the rights of Indigenous
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cultural communities/indigenous peoples (ICCs/IPs) to own, control,
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develop, protect, and enjoy their Indigenous knowledge or creative
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intellectual activity and their manifestations, such as but not limited to:
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1. archeological and historical sites, artifacts, ceremonies, oral
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traditions, visual and performing arts and literature, as well as
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religious and spiritual properties;
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2. science, technologies, human and other genetic resources. Including
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derivatives of these resources, seeds, medicines, health practices,
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vital medicinal plants,, animals and minerals, resource management
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systems, agricultural technologies, knowledge of the properties of
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fauna and flora, scientific discoveries; and,
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3. language, script, histories, and teaching and learning systems;
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which are distinctively associated with and integral to the cultural and social
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identity of the ICCs/IPs or groups of ICCs/IPs generated, preserved, and
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transmitted from one generation to another either orally or by practice, and are
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constantly evolving, developing, and being recreated within the community, and
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such other new Indigenous knowledge or creative intellectual activity which are
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identifiable and adopted as community owned.
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c) Cuiturai agencies shall refer to the following national government
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agencies with their specific areas of responsibility: National Commission
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for Culture and the Arts (registry of cultural property); National Museum
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of the Philippines (inventory); National Library of the Philippines (books);
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National Historical Commission of the Philippines (Philippine history);
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National Archives of the Philippines (documents); Cultural Center of the
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Philippines (culture and arts); and Komlsyon sa Wikang Filipino
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(language);


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d) Derivative shall refer to any naturally occurring biochemical compound 
resulting from the genetic resources or metabolism of biological or 
genetic resources even if it does not contain functional units of heredity;
e) Derivative work shaW refer to the infusion or incorporation of variations 
on a community intellectual right that would result in a derivative work 
or craft, which is one that is primarily a new work, but incorporates 
preexisting works or previously published material. A derivative work 
must be different enough from the original to be regarded as a "new 
work," or must contain a substantial amount of new material. Making 
minor changes or additions of little substance to a pre-existing work will 
not qualify the work as a new version;
f) Genetic materiaishaW refer to any material of plant, animal, microbial or 
other origin containing functional units of heredity;
g) Genetic resources shall refer to genetic material of actual or potential 
value;
h) Misappropriation shall refer to any access or use of community 
intellectual rights of the indigenous peoples or indigenous cultural 
communities without their free, prior and informed consent or approval 
and involvement and, where applicable, without mutual agreed terms, 
for whatever purpose, be it commercial, research, academic, and 
technology transfer, in violation of customary law and established 
practices governing the access or use of such community intellectual 
rights;
i) 
A//sz/se shall refer to any act wherein the user had secured prior consent 
from the ICCs/IPs for the use of the community inteilectual rights, 
however, the same is used in a manner violative of customary laws and 
established practices, or those contrary to or beyond what was agreed 
upon;
j) Registry shaW refer to the registry of community intellectual rights to be 
estabiished and managed by the Commission;
k) Royaity shaii refer to the fair and equitable sharing of benefits as 
provided in the mutually agreed terms (MAT) in the memorandum of


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agreement (MOA) after the conduct of the FPIC process or to the
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payment to the owner of the registered cultural property for the right to
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use their property;
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I) Traditional Knowledge shall refer to knowledge originating from ICCs/IPs
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that may be dynamic and evolving and Is the result of intellectual
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activity, experiences, spiritual means, or insights in or from a traditional
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context, which may be connected to land and environment. Including
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know-how, skills, innovations, practices, teaching or learning; and
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m) Traditional Cultural Expressions shall refer to any form in which
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traditional culture practices and knowledge are expressed by ICCs/IPs,
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in or from a traditional context, and may be.dynamic and evolving and
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comprise verbal forms, musical forms, expressions by movement,
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tangible or intangible forms of expression, or combinations thereof;
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Sec. 4. Coverage of Protection. - The ICCs/IPs shall have full ownership,
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control, and protection from misappropriation, misuse, and false designation of origin
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of the community intellectual rights of ICCs/IPs, and they shall have the right to the
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restitution of cultural, intellectual, religious, and spiritual property taken without their
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free, prior and Informed consent or in violation of their laws, traditions, and customs.
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The protection of the community intellectual rights of the ICCs/IPs shall also cover
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their economic and moral interests to be enumerated in the implementing rules and
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regulations of this Act.
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Sec. 5. Implementing Body. —The National Commission on Indigenous Peoples
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(NCIP) shall implement the provisions of this Act.
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Sec. 6. Promotion of Community Intellectual Rights. - The Commission shall
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undertake activities to promote intellectual rights of ICCs/IPs, Including building the
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capacity of ICCs/IPs to enhance the protection and management of their rights.
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Sec. 7. Registry. - The Commission shall establish and maintain a registry in
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which IKSPs shall be registered for the purpose of this Act and which shall be recorded
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in the order of their registration.
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The registration of community intellectual rights shall be filed before the
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nearest NCIP Office. The application for registration shall contain the pertinent


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information necessary for examination of the community intellectuai rights which shaii
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inciude but not iimited to the foiiowing information:
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a) Identity of ICCs/IPs community inteliectuai right hoider;
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b) Location;
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c) Detaiied description of the community inteiiectuai right registered;
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d) Disciosure of agreements/partnerships with private or pubiic
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individuals/entities for the use of their cdmmunity inteiiectuai rights, if
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any.
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Enroiiment of community inteiiectuai rights in the Registry shaii be prima fade
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evidence of community inteiiectuai rights of the ICCs/IPs.
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The State recognizes the existence of community intellectual rights of ICCs/IPs
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without need of prior approval from any licensing agency or other undertaking,
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including registration.
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Sec. 8. Coordination by the NOP with the NCCA andIPOPHL on the Registry of
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Community Inteiiectuai Rights, Cuiturai Property, and Inteiiectuai Property Rights. -
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The Commission, together with the National Commission for Culture and the Arts and
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the IPOPHL shall establish a system of coordination that will be consistent with the
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policy of this Act, including the streamlining of the procedures for the registration of
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community intellectual rights. They may jointly or individually promulgate the
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appropriate mechanisms to ensure the effective implementation of the policies and
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objectives of this Act, and they shall undertake activities geared toward building the
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capacity of ICCs/IPs to enhance the protection and management of their community
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intellectual property rights.
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Sec. 9. Period of Ownership. -The community intellectual rights of ICCs/IPs
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shall continue indefinitely to be their exclusive intellectual right and shall not expire
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and shall not become part of the public domain.
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Sec. 10. Originai Rights of Ownership. - Though the State recognizes the
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dynamic evolution of community intellectual rights, the ICCs/IPs shall retain these
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intellectual rights as well as derivative works.
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Sec. 11. Royaities. -The concerned ICCs/IPs are entitled to royalties and other
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benefits as may be negotiated by the parties. When the community intellectual rights


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are used commercially, the royalty payment due the concerned ICCs/IPs shall, in no
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case, be less than five percent (5%) of the gross proceeds of the sale.
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Sec. 12. Free, Prior and Informed Consent (FPIC). - The use of ICCs/IPs
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community Intellectual rights shall be governed by the provisions of Republic Act No.
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8371 or the Indigenous Peoples Rights Act of 1997, its Implementing Rules and
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Regulations, and guidelines on Free, Prior and Informed Consent.
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Sec. 13. Role of Government Agencies and Local Government Units. — All
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government agencies, government-owned and controlled corporations, public
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educational Institutions, local government units (LGUs) and other entities shall
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endeavor to promote ICCs/IPs community intellectual rights. They shall endeavor to
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develop, produce and publish information education campaign materials on
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community intellectual rights, the importance of registration, and the prohibited acts
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under this Act.
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For this purpose, all national government agencies and LGUs shall allocate
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funds for the implementation of programs, projects and activities that will recognize,
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respect, promote and protect the rights of the ICCs/IPs, including the protection and
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promotion of their community intellectual rights pursuant to IPRA and this Act.
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Sec. 14. Prohibited Acts. - Under this Act, the following are prohibited:
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a) Misappropriation - any access, infringement, copying, or use of
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community intellectual rights of the indigenous cultural
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communities/indigenous peoples without their free, prior and informed
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consent or approval and involvement and, where applicable, without
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mutual agreed terms, for whatever purpose, be it commercial, research,
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academic, and technology transfer.
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b) Misuse - any act wherein the user had secured prior consent from the
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ICCs/IPs for the use of the community intellectual rights, however, the
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same is used in a manner violative of national laws or customary laws
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known to the user, and established practices, or those contrary to or
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beyond what was agreed upon during the FPIC process.
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c) False Designations of Origin - any act which will likely cause confusion
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or mistake, or cause deception as to the affiliation, connection, or


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association of such ICCs/IPs IKSPs, including but not limited to the
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following:
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1. false designation of an origin, false or misleading description of fact,
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or false or misleading representation of fact; and,
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2. Misrepresentation of the nature, characteristics, qualities, or
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geographic origin of an ICCs/IPs' IKSP.
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Sec. 15. Limitations on Community Jnteiiectuai Rights. - Notwithstanding the
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protection given to the community intellectual right of ICCs/IPs, the following shall not
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be prohibited:
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a) Government use in cases of national emergencies, national security,
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health, or the development of vital sectors in the national economy as
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determined by the National Economic and Development Authority
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(NEDA); and,
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b) Acts necessary to address the needs of non-commercial use. Including
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teaching and research for educational purposes, personal or private use,
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criticism or review, reporting of current events, use in the course of legal
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proceedings, the making of recordings and reproductions of traditional
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knowledge or cultural expressions for inclusion in an archive or inventory
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exclusively for the purposes of safeguarding knowledge or cultural
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heritage, and incidental uses.
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Provided, That the relevant community's customary laws, protocols, and
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practices will be considered and the relevant community shall be acknowledged as
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the source of the traditional knowledge or cultural expressions: Ptovided further,
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That in researches affecting the ICCs/IPs, their IKSPs including their community
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intellectual right and their ancestral domains of which the ICCs/IPs themselves are
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the primary source of data shall require consultations with the relevant ICCs/IPs,
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including undertaking acts to obtain the free, prior and informed consent: Provided,
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finaiiy. That these acts do not conflict with the interests of, or are not derogatory
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to, the ICCs/IPs and do not unduly prejudice the implementation of the rights of
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ICCs/IPs.
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Sec. 16. Penalties.


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A. For Administrative Penalties. - After the conduct of a formal investigation 
and following due process, the Commission, may impose one (1) or more 
of the following administrative penalties:
a) Issuance of a cease-and-desist order which shall specify the acts that 
the respondent shall cease and desist from and shall require him to 
submit a compliance report within a reasonable time which shall be 
fixed in the Order;
b) The acceptance of a voluntary undertaking of compliance or 
discontinuance as may be imposed;
c) The condemnation or seizure of products which are subject of the 
offense. The goods seized hereunder shall be disposed of in such 
manner as may be deemed appropriate by the Commission;
d) The forfeiture of paraphernalia and all real and personal properties 
which have been used In the commission of the offense;
e) The imposition of administrative fines In such amount as deemed 
reasonable by the Commission;
f) The cancellation of any permit, license, authority, or registration 
which may have been granted by the Commission, or the suspension 
of the validity thereof for such period of time as the Commission may 
deem reasonable;
g) The withholding of any permit, license, authority or registration 
which is being secured by the respondent from the Commission;
h) The assessment and award of damages;
I) Censure;
j) Other analogous penalties or sanctions.
B. For criminal penalties. -- Independent of the civil and administrative 
sanctions imposed by law, any person found guilty In a criminal action 
for violating any provisions of this Act, shall be imprisoned for not less 
than nine (9) months but not more than nine (9) years or a fine of not 
less than One hundred thousand pesos (P100,000) nor more than Five 
hundred thousand pesos (P500,000) or both such fine and imprisonment 
upon the discretion of the court.


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C. If a person is found to have committed any of the prohibited acts and is
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found to be in good faith, or one who is considered as an innocent
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infringer, the community inteiiectuai rights holders shaii be entitied as
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against such infringer to an injunction against future use, payment of
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reasonabie damages, and/or such other sanctions provided in this Act.
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Sec. 17. Administrative Adjudication of Cases in Vioiation of This Act. - The
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Commission, in addition to the jurisdiction and enforcement powers given to it under
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Repubiic Act No. 8371 or the Indigenous Peoples Rights Act of 1997, shall have the
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following functions and powers to adjudicate administrative cases in violation of this
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Act:
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a) Exercise original jurisdiction over complaints for violations of the
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community intellectual rights of the ICCs/IPs;
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b) Issue a cease-and-desist order which shall specify the acts that the
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- respondent shall cease and desist from and shall require the respondent
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to submit a compliance report within a reasonable time which shall be
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fixed in the order;
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c) Issue such other provisional remedies as provided under the Rules of
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Court;
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d) After a formal investigation and following due process, issue appropriate
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sanctions and penalties for the violation of community intellectual rights.
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The Commission shall promulgate the rules and procedures to govern the
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adjudication of violations of community intellectual rights of ICCs/IPs.
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Sec. 18. Administrative Decisions or Orders of the Commission. - The final
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decision or order of the Commission shall be immediately executory even pending
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appeal. The process of appeal in the Commission in the adjudication of administrative
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complaints involving CIRs shall be provided in the rules of procedure.
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Sec. 19. Criminai Action for Community Inteiiectuai Rights Violation. - If the
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prohibited acts are repeated by the violator or by anyone In connivance with him, the
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offenders shall, without prejudice to the institution of a civil and administrative action
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for damages, be criminally liable therefor. However, if the act committed is done with
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malice, the element of repetition is not required to institute the criminal action.


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The criminal action shall be filed with the proper court. The offense shall
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prescribe in five (5) years from date of the commission thereof.
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Sec. 20. Correction of Mistakes of the Commission. - The Commission shall
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have the power to correct, without fee, any mistake in the entry of data during the
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community intellectual rights processing of registration incurred through the fault of
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the Commission when clearly disclosed In the records thereof, to make the community
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intellectual rights application and registration conform to the records.
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Sec. 21. Correction of Mistake in the Appiication. - On request of any interested
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person and payment of the prescribed fee, the Commission is authorized to correct
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any mistake in the community intellectual rights application of a formal and clerical
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nature, not incurred through the fault of the Commission.
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Sec. 22. Creation of Offices and Piantiiia Positions. - The Commission shall
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create offices and corresponding piantiiia positions necessary for the implementation
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of the provisions of this Act.
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Sec. 23. Appropriations. -For the initial implementation of this Act, the amount
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of Fifty million pesos (Php50,000,000.00) is hereby appropriated and shall be sourced
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from the President's Contingent Fund. Funds for the succeeding years shall be
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included in the General Appropriations Act.
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Sec. 24. Impiementing Ruies and Reguiations (IRR). - The Commission, in
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consultation with other cultural agencies, IPO-PHIL, the Palawan Council on
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Sustainable Development, the Department of Environment and Natural Resources, the
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Department of Agriculture, the Philippine Institute of Traditional and Alternative Health
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Care (PITAHC), civil society organizations, and other relevant government agencies,
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shall promulgate the IRR of this Act, including, but not limited to CIR belonging to
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several ICCs/IPs, mechanisms for the registry, positive and defensive protection of
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CIR, treatment of derivative works, validation, dispute settlement/resolution, and rules
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of procedure, within one hundred and twenty (120) days after the effectivlty of this
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Act.
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Sec. 25. Repeaiing Ciause. —The provisions of existing laws, to the extent that
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they are inconsistent with this Act, are hereby repealed or amended accordingly.
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Sec. 26. Separability Clause. - If, for any reason, any part or provision of this
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Act is declared invalid or unconstitutional, the parts or provisions not affected thereby
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shall remain In full force and effect.
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Sec. 27. Effectivity. -This Act shall take effect fifteen (15) days following its
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publication in the Official Gazette or in two (2) newspapers of general circulation,
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whichever comes first.
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Approved.
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