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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...

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 ...

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...

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...

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...

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...

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...

  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...

  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...

  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...

  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...

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...

  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...

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 ...

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...

  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...

  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 ...

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...

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...

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...