HOUSE OF REPRESENTATIVES

Republic of the Philippines
Quezon City ei

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.426.1.

Introduced by Representative GLORIA MACAPAGAL ARROYO

PRESS

> RECEIy,
Luc 7 NOV it a

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AN ACT
AMENDING SECTION 53 OF REPUBLIC ACT NO. 8371, ENTITLED “AN ACT
TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS,
CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A
NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING
IMPLEMENTING MECHANISMS, APPPROPRIATING FUNDS THEREFORE,
AND FOR OTHER PURPOSES”

EXPLANATORY NOTE

Section 53 of Republic Act No. 8371, otherwise known as "The Indigenous Peoples
Rights Act of 1997” provides for the identification, delineation and certification of
ancestral lands. In its implementation, however, various interpretations have been
attached to paragraph (a) thereof specifically as to whether ancestral land titles
can still be issued over lands covered by an ancestral domain title.

This bill seeks to amend this provision in order to clarify and preclude varying
interpretations by categorically stating that ancestral lands within an ancestral
domain covered by an ancestral domain title can still be issued land titles and
providing for procedure for its titling,

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

axon aacarnea ARROYO
2" District, Pampanga



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill Not 26.1

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING SECTION 53 OF REPUBLIC ACT NO. 8371, ENTITLED “AN ACT
TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS
CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A
NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING
IMPLEMENTING MECHANISMS, APPPROPRIATING FUNDS THEREFORE,
AND FOR OTHER PURPOSES”

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

SECTION 1. Section 53 of Republic Act No. 8371 is hereby amended as
follows:

a) The ICCs/IPs, through their Indigenous Peoples Organizations
and/or Council of Elders, shall be responsible for identifying and
establishing ancestral lands covered by an ancestral domain title
based on their own customs and traditions. The community may
allocate portions of the ancestral domain to individuals, families or
clans in accordance with their customary laws and traditional
practices.

Individuals, families or clans belonging to the concerned ICCs/IPs
covered by an ancestral domain title may apply for Certificate of
Ancestral Land Titles over their identified ancestral lands in
accordance with the procedure followed in the titling of ancestral
lands outside an ancestral domain as set forth in the succeeding
paragraphs;

Ss

Individual and indigenous corporate claimants of ancestral lands which
are not within titled ancestral domains, may have their claims officially
established by filing applications for the identification and delineation of
their claims with the Ancestral Domain Office. An individual or


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recognized head of a family or clan may file such application in his behalf
of his family or clan, respectively;

Proofs of such claims shall accompany the application form which shall
include the testimony under oath of elders of the community and other
documents directly or indirectly attesting to the possession or
occupation of the areas since time immemorial by the individual or
corporate claimants in the concept of owners which shall be any of the
authentic documents enumerated under Section 52 (d) of this Act,
including tax declarations and proofs of payment of taxes;

The Ancestral Domains Office may require from each ancestral claimant
the submission of such other documents, sworn statements and the like,
which in its opinion, may shed light on the veracity of the contents of the
application/claim;

Upon receipt of the applications for delineation and recognition of
ancestral land claims, the Ancestral Domain Office shall cause the
publication of the application and a copy of each document submitted
including a translation in the native language of the ICCs/IPs concerned
in a prominent place therein for at least fifteen (15) days. A copy of the
document shall also be posted at the local, provincial and regional
offices of the NCIP and shall be published in a newspaper of general
circulation once a week for two (2) consecutive weeks to allow their
claimants to file opposition thereto within fifteen (15) days from the date
of such publication: Provided, That in areas where no such newspaper
exists, broadcasting in a radio station will be a valid substitlite; Provided
further, That mere posting shall be deemed sufficient if both newspapers
and radio station are not available.

Fifteen (15) days after such publication, the Ancestral Doman Office
shall investigate and inspect each application, and if found to be
meritorious, shall cause a parcellary survey of the area being claimed
The Ancestral Domain Office shail reject any claim that is deemed
patently false or fraudulent after inspection and verification, In case of
rejection, the Ancestral Domain Office shall give the applicant due
notice, copy furnished all concerned, containing the grounds for denial
The denial shall be appealable to the NCIP. In case of conflicting claims
among individuals or indigenous corporate claimants, the Ancestral
Domain Office shall cause the contending parties to meet and assist
them in coming up with a preliminary resolution of the conflict, without
prejudice to its full adjudication according to Section 62 of this Act. In all
proceedings for the identification or delineation of the ancestral domains
as herein provided, the Director of Lands shall represent the interest of
the Republic of the Philippines; and

The Ancestral Domains Office shall prepare and submit a report on each
and every application surveyed and delineated to the NCIP, which shall,
in turn, evaluate the report submitted. If the NCIP finds such claim
meritorious, it shall issue a certificate of ancestral land, declaring and
certifying the claim of each individual or corporate (family or clan)
claimant over ancestral lands.


SECTION 2. Repealing Clause. — All orders, rules, regulations and other
issuances, or parts thereof, which are inconsistent with this Act, are hereby
repealed or modified accordingly

SECTION 3. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation

Approved,