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IPRA LAW
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Republican Act 8371, October 29, 1997
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, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it e...
Supreme Court En Banc Decision GR # 135385
EN BANC[ G.R. No. 135385, December 06, 2000 ]
Supreme Court En Banc Decision GR # 224469
DIOSDADO SAMA Y HINUPAS AND BANDY MASANGLAY Y ACEVEDA, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.DECISION
UNDRIP
Human Rights Instruments Core Instrument Universal Instrument International Covenant on Civil and Political Rights
ADOPTED 16 December 1966 BY General Assembly resolution 2200A (XXI)
Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nation...
Montevideo Convention on the Rights and Duties of States (1933)
Vienna Convention on the Law of Treaties (1969)
Bretton Woods Agreement (1944)
Nuremberg Code (1947)
UN Resolution 1803 on Permanent Sovereignty over Natural Resources (1962)
General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources"
United Nations Charter (1945)
Maharajah Isa
Gabay sa Bagong Mundo, Gising Maharlika
Author: Datu Tagpaliwanag Manghuhusay / Maharajah Isa / Antonio Lorenzo Santillan
Native Title
IPRA LAW Bisaya
Bisaya Translation Republika sa PilipinasKongreso sa PilipinasMetro ManilaIkanapulo nga KongresoIkatulo nga Regular nga Sesyon Gisugdan ug gipahigayon sa Metro Manila, niadtong Lunes sa ikakawhaag-walo nga adlaw saHulyo, napulo'g siyam ka gatos ug kasiyaman ...
IPRA LAW English
Republic of the PhilippinesCongress of the PhilippinesMetro ManilaTenth CongressThird Regular Session Begun and held in Metro Manila, on Monday the twenty-eighth day of July, nineteen hundredand ninety-seven REPUBLIC ACT NO. 8371 AN ACT TO RECOGNIZE, PROTEC...
IPRA LAW Tagalog
BATAS NG REPUBLIKABLDG. 8371 Republika Bldg. 8371Batas na Kumikilala, Nagtatanggol atNagtataguyod sa Karapatan ng KatutubongPamayananng Kultural/Katutubong Pamayanan,Nagbubuo ng Pambansang Komisyon para saKatutubong Pamayanan, Nagtatadhana ngKaukulang Kaparaa...
Supreme Court Carino Case
Carino vs Insular Government
Maharajah Isa
Chapter I General Provisions
SECTION 1. Short Title. – This Act shall be known as "The Indigenous Peoples Rights Act of 1997."SEC. 2. Declaration of State Policies. – The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) here...
CHAPTER III RIGHTS TO ANCESTRAL DOMAINS
SEC. 4. Concept of Ancestral Lands/Domains. – Ancestral lands/domains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs ...
CHAPTER II DEFINITION OF TERMS
SEC. 3. Definition of Terms. – For purposes of this Act, the following terms shall mean: Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resourc...
CHAPTER IV RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT
SEC. 13. Self-Governance. – The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity of their values, practices and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to f...
CHAPTER V SOCIAL JUSTICE AND HUMAN RIGHTS
SEC. 21. Equal Protection and Non-discrimination of ICCs/IPs. – Consistent with the equal protection clause of the Constitution of the Republic of the Philippines, the Charter of the United Nations, the Universal Declaration of Human Rights including the Conve...
CHAPTER VI CULTURAL INTEGRITY
SEC. 29. Protection of Indigenous Culture, Traditions and Institutions. – The State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation...
CHAPTER VII NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)
SEC. 38. National Commission on Indigenous Cultural Communities/Indigenous Peoples (NCIP). – To carry out the policies herein set forth, there shall be created the National Commission on ICCs/IPs (NCIP), which shall be the primary government agency responsible...
CHAPTER VIII DELINEATION AND RECOGNITION OF ANCESTRAL DOMAINS
SEC. 51. Delineation and Recognition of Ancestral Domains. – Self-delineation shall be the guiding principle in the identification and delineation of ancestral domains. As such, the ICCs/IPs concerned shall have a decisive role in all the activities pertine...
CHAPTER IX JURISDICTION AND PROCEDURES FOR ENFORCEMENT OF RIGHTS
SEC. 65. Primacy of Customary Laws and Practices. – When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.SEC. 66. Jurisdiction of the NCIP. – The NCIP, through its regional offices, shall have jurisdiction over a...
CHAPTER X ANCESTRAL DOMAINS FUND
SEC. 71. Ancestral Domains Fund. – There is hereby created a special fund, to be known as the Ancestral Domains Fund, an initial amount of One hundred thirty million pesos (P130,000,000) to cover compensation for expropriated lands, delineation and developm...
CHAPTER XI PENALTIES
SEC. 72. Punishable Acts and Applicable Penalties. – Any person who commits violation of any of the provisions of this Act, such as, but not limited to, unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter...
CHAPTER XII MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC)
SEC. 74. Merger of ONCC/OSCC. – The Office for Northern Cultural Communities (ONCC) and the Office of Southern Cultural Communities (OSCC), created under Executive Order Nos. 122-B and 122-C respectively, are hereby merged as organic offices of the NCIP and sh...
CHAPTER XIII FINAL PROVISIONS
SEC. 78. Special Provision. – The City of Baguio shall remain to be governed by its Charter and all lands proclaimed as part of its town site reservation shall remain as such until otherwise reclassified by appropriate legislation: Provided, That prior land...
[ G.R. No. 135385, December 06, 2000 ]
ISAGANI CRUZ AND CESAR EUROPA, PETITIONERS, VS. SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES, SECRETARY OF BUDGET AND MANAGEMENT AND CHAIRMAN AND COMMISSIONERS OF THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES, RESPONDENTS.HON. JUAN M .FLAVIER, HON. PONCIANO ...
PER CURIAM
Petitioners Isagani Cruz and Cesar Europa brought this suit for prohibition and mandamus as citizens and taxpayers, assailing the constitutionality of certain provisions of Republic Act No. 8371 (R.A. 8371), otherwise known as the Indigenous Peoples Rights Act...
PRECIS
A classic essay on the utility of history was written in 1874 by Friedrich Nietzsche entitled "On the Uses and Disadvantages of History for Life." Expounding on Nietzsche's essay, Judge Richard Posner[1] wrote:[2] "Law is the most historically oriented, or...
I. THE DEVELOPMENT OF THE REGALIAN DOCTRINE IN THE PHILIPPINE LEGAL SYSTEM.
A. The Laws of the IndiesThe capacity of the State to own or acquire property is the state's power of dominium.[3] This was the foundation for the early Spanish decrees embracing the feudal theory of jura regalia. The "Regalian Doctrine" or jura regalia is ...
II. THE INDIGENOUS PEOPLES RIGHTS ACT.
Republic Act No. 8371 is 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, Appropriating Funds There...
III. THE IPRA IS A NOVEL PIECE OF LEGISLATION.
A. The Legislative History of the IPRA It was to address the centuries-old neglect of the Philippine indigenous peoples that the Tenth Congress of the Philippines, by their joint efforts, passed and approved R.A. No. 8371, the Indigenous Peoples Rights Act (I...
IV. THE PROVISIONS OF THE IPRA DO NOT CONTRAVENE THE CONSTITUTION.
A. Ancestral Domains and Ancestral Lands are the Private Property of Indigenous Peoples and Do Not Constitute Part of the Land of the Public Domain.The IPRA grants to ICCs/IPs a distinct kind of ownership over ancestral domains and ancestral lands. Ancestral...