EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE 
S. No. 1805
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
RECOGNIZING THE INDIGENOUS CULTURAL COMMUNITIES AND 
INDIGENOUS PEOPLES (ICCs/IPs) COMMUNITY CONSERVED TERRITORIES 
AND AREAS (ICCA), ESTABLISHING FOR THE PURPOSE THE NATIONAL 
ICCA REGISTRY, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
As guaranteed by the Constitution, the State shall recognize and promote the 
rights of the indigenous cultural communities within the framework of national unity 
and development, and shall protect their rights to ancestral lands to ensure their 
economic, social and cultural well-being.
This bill recognizes the crucial role and significant contribution of our 
Indigenous Cultural Communities and Indigenous Peoples (ICCs/IPs) in the protection 
of our environment and preservation of biodiversity. It also acknowledges their 
traditional knowledge and means as effective methods of ensuring the health and 
quality of our precious natural resources.
As majority of our natural forests, key biodiversity areas, and watersheds are 
within their ancestral domains, it is important that they be recognized and further 
empowered as main protectors, caretakers and guardians, as they have done so for 
centuries, of these vital resources as we try to achieve sustainable development, 
disaster resilience and ecological balance.
Moreover, this measure proposes the creation of a national registry of 
Indigenous Community Conserved Territories and Areas (ICCAs) or areas within their 
ancestral lands that are identified, conserved and sustainably used by the ICCs/IPs


using their indigenous knowledge and practices in accordance to their customary laws. 
These ICCAs shall be recognized by national agencies and local government units as 
another category of protected areas that are owned, governed, and protected by the 
ICCs/IPs. ICCAs listed in the registry shall also be prioritized for biodiversity 
conservation, forest cover, protection of ancestral waters, and as reforestation project 
sites. Further, these ICCAs shall be considered in the formulation of national, regional 
and local policies and plans.
In this light, the immediate passage of this bill is sought.
RAMO^BONG REVILLA, JR.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE 
S. No. 1805
WOE
Introduced by SENATOR RAMON BONG RE VILLA, JR.
AN ACT
RECOGNIZING THE INDIGENOUS CULTURAL COMMUNITIES AND 
INDIGENOUS PEOPLES (ICCs/IPs) COMMUNITY CONSERVED TERRITORIES 
AND AREAS (ICCA), ESTABLISHING FOR THE PURPOSE THE NATIONAL 
ICCA REGISTRY, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representative of the Philippines in Congress 
assembled:
CHAPTER I
GENERAL PROVISIONS
1 
Section 1. Short Title. - This Act shall be known as the "Indigenous Cultural
2 
Communities and Indigenous Peoples (ICCs/IPs) Community Conserved Territories
3 
and Areas (ICCA) Act".
4 
Sec. 2. Declaration of Policy. - In accordance with the Philippine Constitution,
5 
Republic Act (RA) No. 8371, otherwise known as the "Indigenous Peoples Rights Act
6 
of 1997" (IPRA), and the United Nations Declaration on the Rights of Indigenous
7 
Peoples (UNDRIP), it is the policy of the State to recognize, promote, and protect the
8 
rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), particularly
9 
to their ancestral domains.
10 
The State also recognizes the existing customary and traditional governance by
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ICCs/IPs of their ancestral domains and lands as an effective measure of conserving
12 
key biodiversity areas. Through this recognition, the State acknowledges the
13 
significant contribution of ICCs/IPs to the country's efforts in environmental protection,
14 
biodiversity conservation and in promoting community resilience.


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Towards this end, the State shall adopt measures to recognize and respect the
2 
designation, and declaration of ICCs/IPs of their conserved areas within their ancestral
3 
domains and promote their rights to manage, maintain, and develop the natural
4 
resources and apply their indigenous knowledge systems and practices within these
5 
areas under their indigenous political structures and traditional governance systems.
6 
For this purpose, a national registry for all ICCs/IPs conserved territories and
7 
areas shall be established to be the repository of information on these conserved
8 
territories and areas.
9 
Sec. 3. Definition of Terms. - As used in this Act, the following terms shall
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mean:
11 
(a) Ancestral Domains - all areas generally belonging to ICCs/IPs comprising
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lands, inland waters, coastal areas, and natural resources therein, held
13 
under a claim of ownership, occupied or possessed by ICCs/IPs, by
14 
themselves or through their ancestors, communally or Individually since
15 
time immemorial, continuously to the present except when interrupted by
16 
war, force majeure or displacement by force, deceit, stealth or as a
17 
consequence of government projects or any other voluntary dealings
18 
entered into by government and private individuals/corporations, and which
19 
are necessary to ensure their economic, social and cultural welfare. It shall
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include ancestral lands, forests, pasture, residential, agricultural, and other
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lands individually owned whether alienable and disposable or otherwise,
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hunting grounds, burial grounds, worship areas, bodies of water, mineral
23 
and other natural resources, and lands which may no longer be exclusively
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occupied by ICCs/IPs but from which they traditionally had access to for
25 
their subsistence and traditional activities, particularly the home ranges of
26 
ICCs/IPs who are still nomadic and/or shifting cultivators;
27 
(b) Ancestral Domains Sustainable Development and Protection Plan (ADSDPP)
28 
- the consolidated plans of ICCs/IPs for the sustainable management and
29 
development of their land and natural resources within their ancestral
30 
domain as well as the development of human and cultural resources based
31 
on their indigenous knowledge, systems and practices. Such plan shall be
32 
the basis of the Five Year Master Plan for ICCs/IPs;


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(c) Ancestral Lands - lands occupied, possessed and utilized by individuais, 
famiiies and clans who are members of the ICCs/IPs since time immemoriai, 
by themseives or through their predecessors-in-interest, under daims of 
individuai or traditionai group ownership, continuousiy, to the present 
except when interrupted by war, force majeure or displacement by force, 
deceit, stealth, or as a consequence of government projects and other 
voluntary dealings entered into by government and private 
individuais/corporations, inciuding, but not limited to, residential lots, rice 
terraces or paddies, private forests, swidden farms and tree lots;
(d) Assisting organization - an organization known to the community and with 
a good track record of respect for customary iaws and self-determination 
intending to support ICCs/IRs in the documentation of their ICCAs. This 
may inciude non-government organizations (NGOs), the academe, church- 
based organizations and other simiiar civic organizations;
(e) Biological Diversity or Biodiversity- the variability among organisms from 
aii sources, inciuding terrestriai, marine and other aquatic ecosystems and 
the ecoiogical complexes of which they are a part. This inciudes diversity 
within species, between species and of ecosystems;
(f) Ecosystem services - the benefits people obtain from ecosystems, which 
include: (a) provisioning services such as food, water, timber, and fiber; 
(b) regulating services that affect climate, floods, disease, wastes, and 
water quality; (c) cultural services that provide recreational, aesthetic, and 
spiritual benefits; (d) supporting services such as soil formation, 
photosynthesis, and nutrient cycling;
(g) Environmental Impact Assessment (EIA) - the process that involves 
evaluating and predicting the likely impacts of a project (including 
cumulative impacts) on the environment during construction, 
commissioning, operation and abandonment. It also includes designing 
appropriate preventive, mitigating and enhancement measures addressing 
these consequences to protect the environment and the community's 
welfare;


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(h) Free and Prior Informed Consent (FPIC) - the consensus of all members of 
the ICCs/IPs to be determined in accordance with their respective 
customary laws and practices, free from any external manipulation, 
interference and coercion, and obtained after fully disclosing the intent and 
scope of the activity, in a language and process understandable to the 
community;
(i) Indigenous Community Conserved Territories and Areas (ICCA) - is an area 
within ancestral domains and lands, and parts thereof, that is 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. It is 
characterized by natural or with modified ecosystems, containing significant 
biodiversity values, ecological benefits and cultural and spiritual values. For 
purposes of this law, all ICCAs shall be considered as environmentally 
critical areas (ECAs);
(j) Indigenous Cuiturai Communities/Indigenous Peopies (ICCs/IPs) - groups 
of people or homogenous societies identified by self-ascription and 
ascription by others, who have continuously lived 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, traditions and 
other distinctive cultural traits, or who have, through resistance to political, 
social and cultural inroads of colonization, non-indigenous religions and 
cultures, 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 state 
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;


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(k) Indigenous Knowledge Systems and Practices (IKSPs) - the systems,
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institutions, mechanisms, and technologies comprising a unique body of
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knowledge evolved through time that embody patterns of relationships
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between and among peoples, their lands and resource environment,
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including such spheres of relationships which may include social, political,
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cultural, economic, religious spheres, and which are the direct outcome of
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the indigenous peoples' responses to certain needs consisting of adaptive
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mechanisms which have allowed indigenous peoples to survive and thrive
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within their given socio-cultural and biophysical conditions;
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(I) Key Biodiversity Areas (KBAs) - the sites of global significance for
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biodiversity conservation identified using globally standard criteria and
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thresholds, based on the needs of biodiversity requiring safeguards at the
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site scale. These criteria are based on the framework of vulnerability and
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irreplaceability widely used in systematic conservation planning;
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(m) NationalICCA Registry- the national information management system that
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contains records on pertinent Information on ICCAs;
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(n) Native Title- pre-conquest rights to lands and domains which, as far back
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as memory reaches, have been held under a claim of private ownership by
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ICCs/IPs, have never been public lands and are thus indisputably presumed
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to have been held that way since before the Spanish Conquest;
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(o) Sustainable traditional resource rights (STRRs) - the rights of ICCs/IPs to
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sustainably use, manage, protect and conserve (a) land, air, water, and
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minerals; (b) plants, animals and other organisms; (c) collecting, fishing
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and hunting grounds; (d) sacred sites; and (e) other areas of economic,
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ceremonial and aesthetic value in accordance with their indigenous
26 
knowledge, beliefs, systems and practices;
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Sec. 4. Scope and Coverage. - This Act shall apply to all ancestral domains
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and lands, whether held by native title or formally recognized under a Certificate of
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Ancestral Domain Title or Certificate of Ancestral Land Title issued under RA 8371.
30 
It shall also apply to ancestral domains and lands within national parks or
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protected areas under Republic Act No. 7586, as amended by Republic Act No. 11038,


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otherwise known as the "Expanded National Integrated Protected Areas System Act
2 
of 2018" (ENIPAS Act).
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CHAPTER II
5 
INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS PEOPLES
6 
CONSERVED TERRITORIES AND AREAS (ICCAs)
7
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Sec. 5. Guiding Principies. - The following are guidelines in recognizing the
9 
Indigenous Cultural Communities and Indigenous Peoples Conserved Territories and
10 
Areas (ICCAs):
11 
(a) The rights to land and self-determination include the full recognition of the
12 
traditional resources, rights and practices of ICCs/IPs, as well as their right
13 
to access, maintain, protect, conserve, regulate ICCAs and exclude
14 
unauthorized intrusion into these areas;
15 
(b) The primacy of customary laws and indigenous knowledge systems and
16 
practices (IKSPs) in the governance and management of ICCAs shall be
17 
recognized and respected;
18 
(c) The ICCs/IPs shall govern their conserved territories and areas and ensure
19 
the preservation, restoration, and maintenance of ecological balance and
20 
biodiversity therein with the assistance of government agencies;
21 
(d) The ICCAs shall be considered in the formulation of national, regional and
22 
local policies, plans and programs; and
23 
(e) The ICCs/IPs shall receive fair and equitable share in the benefits derived
24 
from the ecosystem services provided by ICCAs and other activities as
25 
authorized by the ICCs/IPs themselves.
26 
Sec. 6. Recognition of ICCAs. - The ICCs/IPs shall define and declare the
27 
conserved areas within their ancestral domains and lands in accordance with their
28 
indigenous political structures, cultures and traditions.
29 
The declaration of ICCAs shall be respected as an exercise of the self-
30 
governance, self-determination and sustainable traditional resource rights of the
31 
ICCs/IPs. It shall be recognized by all national agencies and local government units
32 
(LCDs) as another category of protected areas that are owned, controlled, governed


1 
and managed by ICCs/IPs themselves. The ICCAs shall be subject to the provisions of
2 
this Act.
3 
For purposes of this Act, all ICCAs shall be considered as environmentaiiy critical
4 
areas. The requirement of free and prior informed consent (FPIC) shall be strictly
5 
complied with to undertake allowable activities within the ICCAs.
6 
No provision in this Act granting or recognizing the rights and privileges of
7 
ICCs/IPs in the ICCAs shall be construed to diminish their rights and privileges in non-
8 
ICCA areas of the ancestral domains or iands.
9 
Sec. 7. Protection of ICCAs. - The ICCAs shail be reserved for the exclusive use
10 
of ICCs/IPs exercising their sustainable traditional resource rights. Activities that are
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not inciuded as sustainable traditional resource rights and activities by a person who
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is not a member of ICCs/IPs may only be allowed within the ICCAs, Provided^ That
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the activities are:
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(a) Permitted by the ICCs/IPs in accordance with customary laws;
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(b) Consistent with their cultural and spiritual values;
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(c) Compatible with conservation concepts; and
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(d) Not among the prohibited acts enumerated in Section 25 of this Act.
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Sec. 8. Environmental Impact Assessment (EIA) system. - All projects within
19 
or outside the ICCA that have potential adverse impacts on the conserved territories
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and areas are subject to EIA.
21 
The participation of the ICCs/IPs, the National Commission on Indigenous
22 
Peoples (NCIP) and the Department of Environment and Natural Resources (DENR)
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are required in the conduct of the EIA of ICCAs.
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The customary laws, the IKSPs of the ICCs/IPs and the social acceptability of
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the project shall be considered in the assessment.
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The EIA should be concluded and reported.for consideration during the FPIC
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process.
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Sec. 9. ICCAs in Key Biodiversity Areas (KBAs). - The ICCs/IPs shall govern,
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maintain, restore and develop the ICCAs key biodiversity areas (KBAs) in accordance
30 
with their customary laws and in a manner consistent with the sustainable use and
31 
conservation of biodiversity found therein.


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Sec. 10. 
Indigenous Community Conserved Areas Designations. - The
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designation by the ICCs/IPs of the ICCA, and the pieces and components therein, shall
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be respected, used and promoted in all official documents.
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CHAPTER III
6 
NATIONAL INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS
7 
PEOPLES CONSERVED TERRITORIES AND AREAS REGISTRY
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Sec. 11. The National ICCA Registry. - To ensure the availability of official
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information on ICCAs, a National ICCA Registry, hereinafter referred to as the
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"Registry," is hereby established. The Registry is the official information management
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system that contains records of all pertinent information regarding the ICCAs,
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voluntarily submitted by ICCs/IPs. The Registry shall contain the following information:
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(a) Name of the ICCs/IPs;
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(b) A map generated from the delineation of the ICCAs with the corresponding
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technical description;
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(c) Brief description of governance structure;
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(d) Policies on resource use;
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(e) Certificate of Ancestral Domain Title (CADT) and Certificate of Ancestral
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Lands Title (CALT), if applicable;
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(f) Relevant portions of the Ancestral Domain Sustainable Development and
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Protection Plan (ADSDPP) containing information on the ICCAs; and
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(g) Contact person/s
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Sec. 12. Operational Structures of the Registry. - The DENR through the
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Biodiversity Management Bureau (BMB) shall be the main repository and administrator
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of the Registry. It shall organize store and update all information that may be
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contained in the Registry, and shall be responsible for the documentation,
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administration and maintenance of the Registry.
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All information and data in the Registry shall be obtained from the ICCs/IPs
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providing who registered and provided such information. The information and data
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submitted shall be considered as part of the community intellectual property rights.
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The intellectual property rights of the ICCs/IPs shall be protected and
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respected.


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Sec. 13. Creation of a Steering Committee. - A Steering Committee is created
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to define policy, provide directions and perform oversight functions in the
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administration and maintenance of the Registry.
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The Steering Committee shall be composed of the following:
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(a) A representative from the DENR;
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(b) A representative from the NCIP;
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(c) A representative from the Department of Interior and Local Government
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(DILG);
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(d) A representative from the Housing and Land Use Regulatory Board
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(HLURB);
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(e) A representative from recognized civil society organizations (CSOs); and
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(f) Two (2) representatives from ICCs/IPs..
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Sec. 14. ICCAs Registration. - The ICCs/IPs shall initiate the documentation
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and registration of their ICCAs in the Registry with appropriate financial and technical
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support from the NCIP and the DENR or assisting organizations.
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If the ICCs/IPs seek the assistance of the NCIP and the DENR in the registration
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of the ICCAs, the following steps shall be undertaken:
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(a) The ICCs/IPs shall request the NCIP to assist in documenting their ICCAs;
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(b) The NCIP shall assist the community in documenting the ICCAs with the
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support of the DENR, and delineating the same;
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(c) The NCIP shall facilitate the formulation of a Community Conservation Plan;
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and;
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(d) The NCIP shall submit the documentation of the ICCAs and other pertinent
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documents to the DENR for inclusion in the Registry.
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If the ICCs/IPs undertake the documentation by themselves with the support
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of assisting organizations, the NCIP and the DENR, shall verify and affirm the
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documentation and pertinent documents submitted before the ICCAs may be included
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in the Registry.
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The map, complete with technical description and a brief description of the
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natural features and landmarks of the ICCAs to be registered and included in the
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Registry shall be posted at the local, provincial, and regional office of the NCIP, and


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shall be published in a newspaper of general circulation once a week for two (2)
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consecutive weeks to allow others to file opposition papers within fifteen (15) days.
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Sec. 15. Procedure for Delisting from the Registry. - If the ICCs/IPs determined
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that the ICCA no longer served the purpose for which it was defined and declared, the
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ICCs/IPs may cause the delisting of the same through a procedure provided in the
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Implementing Rules and Regulations of this Act.
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Sec. 16. Inclusion ofICCAs in the LGUs Plan. - The LCDs shall include in their
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Regional Physical Framework Plans, Provincial Physical Framework Plans,
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Comprehensive Land and Water Use Plans (CLWUP), Community Development Plans
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(CDP), Forest Land Use Plans (FLUP), Barangay Development Plans (BDPs), the
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Ancestral Domains Sustainable Development and Protection Plan (ADSDPP), and other
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relevant plans on the ICCAs that have been declared and recorded in the Registry by
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the ICCs/IPs.
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Sec. 17. ICCAs within the Protected Areas. - In cases where ICCAs are in the
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protected areas established under RA No. 7586 or the NIPAS Act, the ICCs/IPs
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concerned shall have the authority to govern, maintain, develop, protect and conserve
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the areas in accordance with their customary laws and IKSPs, with financial and
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technical assistance from the NCIP, the DENR, LGUs and other concerned government
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agencies.
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A mechanism for coordination and complementation between the indigenous
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traditional leadership and governance, the NCIP, the DENR, concerned LGUs and other
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government agencies shall be established. The absence of such mechanism shall not
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in any way stall, diminish, or suspend the provisions of the preceding paragraph.
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Sec. 18. ICCAs Governance. - The ICCAs shall be governed by the ICCs/IPs in
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accordance with their customary laws, indigenous knowledge systems and practices,
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structures and mechanisms, provided that any co-management with, or
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relinquishment of management by ICCs/IPs, shall be temporary In nature and subject
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to regular renewal by the ICCs/IPs in accordance with Sec. 58 of IPRA, and Sec. 13 of
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the ENIPAS Act.
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The application of- customary laws, indigenous knowledge systems and
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practices, structures, and mechanisms by the ICCs/IPs within and outside their ICCAs
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shall be presumed to be a sustainable traditional resource right (STRR) and shall not
10


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be subject to prior approval or validation and shall not be covered under the prohibited
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acts in Section 25. The burden of proof that laws, knowledge, practices, structures,
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and mechanisms exercised by ICCs/IPs are not indigenous or are not in accordance
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with the STRR shall lie with the party making the assertion.
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Any conflict that may arise within the ICCAs shall be primarily resolved through
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customary laws and traditional conflict resolution mechanisms.
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CHAPTER IV
9 
ROLE OF GOVERNMENT AGENCIES
10
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Sec. 19. Role of the NCIP. - The NCIP shall be the primary government agency
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responsible for the full implementation of this Act. It shall protect and promote the
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interest and well-being of the ICCs/IPs in the context of biodiversity conservation and
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community resilience.
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The NCIP shall create the Ancestral Domain Protection and Sustainable
16 
Development Office, and shall receive requests from the ICCs/IPs. It shall coordinate
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with the DENR all activities related to the documentation, community conservation,
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planning and registration of ICCAs.
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It shall provide full and effective financial and technical assistance on the
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following:
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(a) Capacity building and enhancement in the identification, documentation,
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and recognition of ICCAs;
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(b) Preparation of Community Conservation Plans (CCP), and integrating them
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in the ADSDPP; and
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(c) Interfacing of the ADSDPP into other relevant planning frameworks.
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The NCIP shall also be responsible for the verification and affirmation of
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information submitted by ICCs/IPs who undertake the documentation by themselves,
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for inclusion in the Registry of ICCAs.
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The NCIP shall take into account the issues and concerns on ICCA in all
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management planning and decision-making processes of the ICCs/IPs.
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The NCIP shall also be a member of the Protected Area Management Board
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(PAMB), in reference to the ENIPAS Act, where ancestral domains and lands overlap
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with protected areas or declared ICCAs.
11


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The NCIP, through its regional offices, shall have original and exclusive
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jurisdiction over all claims and disputes involving ICCAs; Provided, however, that no
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such dispute shall be brought to the NCIP unless the parties have exhausted all
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remedies provided under their customary laws. Provided further, that when one of the
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parties is not a member of the ICCs/IPs, indigenous conflict resolutions mechanisms
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shall apply. For this purpose, a certification shall be issued by the Council of
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Elders/Leaders who participated in the attempt to settle the dispute that the same has
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not been resolved, which certification shall be a condition precedent to the filing of a
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petition with the NCIP.
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Sec. 20. Pole of the DENR. - The DENR shall, upon the formal request of the
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ICCs/IPs, provide financial and technical support for delineation and mapping, and
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biodiversity assessment of ICCA and in the listing or registration of ICCA with the
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Registry and similar global platforms or networks.
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Enforcement of the preventive mechanisms and penal provisions of this Act
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shall also be vested In the DENR.
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The agency shall also take into account the issues and concerns on ICCAs In all
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management planning and decision-making processes of the ICCs/IPs.
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The government shall provide funds for the publication of the ICCAs.
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Sec. 21. Roie of Other Government Agencies and LGUs. - Consistent with their
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respective mandates and upon formal request by ICCs/IPs, national government
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agencies and LGUs shall provide financial and technical assistance in building and
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strengthening the capacity of the requesting ICCs/IPs to manage their ICCA.
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The NCIP and the DENR, in partnership with the DILG, shall device an incentive
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scheme for LGUs that will adopt and include ICCAs in the Regional and Provincial
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Physical Framework Plans, Comprehensive Land and Water Use Plans (CLWUP),
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Community Development Plan (CDP), Forest Land Use Plan (FLUP) and other relevant
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plans and programs.
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The NCIP and the DENR, in partnership with the Department of Information
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and Communications Technology (DICT) and the Philippine Statistics Authority (PSA),
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shall create or improve on existing data gathering methods for a complete and
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centralized ICCA registry.
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In partnership with the Department of Budget and Management (DBM), the 
NCIP, the DENR, the Nationai Economic Development Authority (NEDA), the 
Department of the Interior and Local Government (DILG) and the Housing and Land 
Use Regulatory Board (HLURB) shall formulate a framework to prioritize national 
government programs and projects that support ICCAs.
Sec. 22. Engagement with the Private Sector and Civii Society to Recognize 
ICCAs. - The ICCs/IPs, the NCIP and the DENR shall actively engage and collaborate 
with the private sector and the civil society in raising public awareness and recognition 
of ICCAs, and in obtaining specialized assistance and service, subject to the EPIC 
requirements of the concerned ICCs/IPs. Public participation in the protection, 
conservation, and sustainable use ICCAs, especially at the local level, shall be 
encouraged to maximize conservation and community benefits.
CHAPTERV 
INCENTIVES
Sec. 23. Incentive Scheme. - ICCAs listed in the Registry shall be prioritized for 
biodiversity conservation, 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 covered 
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.
Sec. 24. Sustainabie Liveiihoods. - 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 that contribute to the sustainable use and 
proper management of the ICCAs.
13


1 
CHAPTER VI
2 
PENAL PROVISIONS
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Sec. 25. Prohibited Acts. - It shall be unlawful for any person to commit the
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following acts within the ICCAs:
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(a) Establishing heavy industries such as non-ferrous metal industries, iron and
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steel mills, petroleum and petro-chemical industries including oil and gas
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and smelting plants;
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(b) Establishing resource extractive industries such as exploration, extraction
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and development 
of mining and quarrying projects, forestry projects
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including logging, and major wood processing projects; introduction of
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fauna, exotic animals, forest occupancy, extraction of mangrove products,
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grazing, fishery projects like dikes or fishpond development projects;
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(c) Building infrastructure projects such as major dams, major power plants
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including fossil-fueled, nuclear fueled, hydroelectric or geothermal, major
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reclamation projects, major roads and bridges;
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(d) Building golf course projects;
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(e) Using or intruding on any portion of the ICCA for any authorized or unlawful
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purpose;
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(f) Conducting mineral exploration, extraction, and development, quarrying
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and other destructive forms of natural resource exploitation, development,
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and utilization;
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(g) Logging by non-members of the IP community;
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(h) Mutilating, defacing, removing, or otherwise destroying objects that have
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cultural, spiritual or ecological significance to ICCs/IPs;
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(i) Dumping of waste products detrimental to flora and fauna;
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(j) Squatting, mineral locating, or otherwise occupying any land declared as
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ICCA;
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(k) Using any motorized equipment, except for enhancing traditional resource
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rights;
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(I) Altering, removing destroying or defacing boundary marks or signs;
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(m) Constructing or maintaining any kind of structure, fence or enclosures;
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(n) Fishing through the use of explosives, noxious or poisonous substance or
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electricity;
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(o) Gathering, selling, possessing, transport or sale of corals;
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(p) Gathering, selling or exporting sand, silica, pebbles and any other
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substances used as marine habitat;
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(q) Converting mangroves into fishponds or for any other purposes;
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(r) Fishing or taking for commercial purposes rare, threatened or endangered
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species listed in the Convention on International Trade in Endangered
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Species of Wild Fauna and Flora (CUES) or those determined as such by
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the Bureau of Fisheries and Aquatic Resources (BFAR), and by the
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Biodiversity Management Bureau of the DENR;
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(s) Generating aquatic pollution; and
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(t) Converting ICCAs into industrial land use and special economic zones.
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Sec. 26. Penalties. - Any individual, corporation, partnership, association or
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juridical entity who commits any of the prohibited acts enumerated under Section 25
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of this Act shall upon conviction, be punished by imprisonment of not less than six (6)
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months but not more than six (6) years or a fine of not less than Fifty thousand pesos
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(P50,000.00) but not more than Fifty million pesos (P50,000,000.00) or both, at the
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discretion of the court.
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The offender, upon conviction, shall also provide restitution commensurate to
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the cost of the destroyed ecosystem and the cost of rehabilitation of the ecosystem
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as agreed upon with the ICCs/IPs.
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If the offender is a government official or employee, the offender shall, in
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addition to imprisonment and fine, be perpetually disqualified to hold public office.
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Any object and instrumentality used in committing any of the prohibited acts
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under Section 25 of this Act shall be confiscated and forfeited in favor of the
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government.
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If the offender is a juridical entity, the penalty of imprisonment and fine shall
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be imposed upon its manager, director, representative or employee responsible for
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the violation without prejudice to the cancellation or revocation of the license or
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accreditation of the offender, issued by any licensing or accredited body of the
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government.
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If the offender is an alien, the offender shall be deported immediately after
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service of the sentence.
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The prosecution of offenses under Section 25 of this Act shall be without
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prejudice to any liability for violation of Republic Act No. 8371, as amended, otherwise
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known as the "Indigenous Peoples' Rights Act of 1997" or other criminal and civil
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liabilities under existing laws.
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CHAPTER VII
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FINAL PROVISIONS
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Sec. 27. Annual Report. - The Chairperson of the NCIP shall submit to the
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President of the Philippines and to the Congress an annual progress report on the
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implementation of this Act. The report shall be posted in the website of the NCIP.
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Sec. 28. Construction. - The provisions of this Act shall be construed liberally
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in favor of ICCs/IPs and in the protection and conservation of biodiversity.
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Sec. 29. Appropriations. - The amount necessary to cover the initial
17 
implementation of this Act shall be charged against the current year's appropriations
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of the concerned departments/agency. Thereafter, such sums as may be necessary
19 
for its continued implementation shall be included in the annual General
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Appropriations Act.
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Sec. 30. Implementing Rules and Regulations. - Within ninety (90) days from
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the approval of this Act, the Chairperson of the NCIP and the Secretary of the DENR
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shall, in consultation with appropriate government agencies and with the full
24 
participation of ICCs/IPs, issue the necessary rules and regulations for the effective
25 
implementation of this Act.
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Sec. 31. Separability Clause. — If any provision or part hereof is held invalid or
27 
unconstitutional, the remainder of the law or the provision or part not otherwise
28 
affected shall remain valid and subsisting.
29 
Sec. 32. Repealing Clause. - Any law, presidential decree or issuance, executive
30 
order, letter of instruction, administrative order, rule, or regulation contrary to or
31 
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
32 
accordingly.
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Sec. 33. Saving Clause.- This Act shall not in any manner adversely affect the 
rights and benefits of the ICCs/IPs under RA 8371, conventions, recommendations, 
international treaties, national laws, awards, customs and agreements.
Sec. 34. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or In a newspaper of general circulation.
Approved,
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