IPRA LAW RA 8371 PDF

RULE I. These rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of Republic Act No. Declaration of Policy. The State recognizes the inherent dignity and equal and inalienable rights of all members of Philippine society as the foundation of freedom, justice and peace. Operating Principles. In the pursuit of civil, political, economic, social and cultural development, the human person shall be the central subject thereof and its active participant and beneficiary.

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Gromuro Execution of Decisions, Awards, Orders. No restraining Order or Preliminary Injunction. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury; d.

It likewise covers sustainable traditional resource rights. The law also emphasizes that these rights are also to be afforded to indigenous women and children. Provided, That if the offender is a public official, the penalty shall include perpetual disqualification to hold public office. Preparation of Maps — On the basis of such investigation and the lpra of fact based thereon, the Ancestral Lad Office of the NCIP shall prepare a perimeter map, complete with technical descriptions, and a description of the natural features and landmarks embraced therein.

As of is the list of the identified Indigenous People in the Philippines and their location. It shall likewise ensure that the basic human rights, and such other rights as the NCIP may determine, subject to existing laws, rules and regulations are protected and promoted.

In case of rejection, the Ancestral Domains office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The State shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs.

Accordingly, the State shall effective measures, in cooperation with the burial sites, be preserved, respected and protected. Any claim found to be fraudulently acquired by, and issued to, any person or community may be cancelled by the NCIP after due notice and hearing of all parties concerned. Support for Autonomous Regions.

Chapter V sets forth human rights, including freedom from discrimination against indigenous peoples and a right to special protection in times of armed conflict. 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 or corporate family or clan claimant over ancestral lands.

Provided, furthermore, That no person shall serve for more than two 2 terms. On Octoberthe Lumads an indigenous group rs a conference in Naga, Zamboanga Sibugay involving several indigenous people groups.

Provided, furthermore, That in cases where there are conflicting claims, the Ancestral Domains Office shall cause da contending parties to meet and assist them in coming up with a preliminary fa of the conflict, without prejudice to its full adjudication according to the selection below.

To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and d. The decrees that have been passed fail to encompass all the needs of the indigenous people primarily because of failure in implementation and sole focus on the land and domains only.

This was implemented in order to stop the historical injustices experienced by the IPs. Provided, further, That mere posting shall be deemed sufficient if both newspapers and radio station are not available.

Right to Determine and Decide Priorities for Development. Provide, That communal rights under this Act shall not be construed as co-ownership as rz in Republic Act. Lad meant that areas in ancestral domains is shared by the members of the community, but that does not mean that they are considered as co-owners of the said property according to the New Civil Code 2. The Office shall also undertake the documentation of customary law and shall establish and maintain a Research Center that would serve as a depository of ethnographic information for monitoring, evaluation and policy formulation.

By using this site, you agree to the Terms of Use and Privacy Policy. Observe Laws- To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation. Provided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not available; h. Right to Participate in Decision -Making. If they are already entitled to retirement benefits or the gratuity herein provided.

Chapter II sets forth definitions. Instead of protecting the rights of the IPs, Section 57 strengthens argument that all natural resources found in ancestral domains belong to the State 3. The State shall likewise ensure the participation of appropriate indigenous leaders in schools, communities and international cooperative undertakings like festivals, conferences, seminars and workshops to promote and enhance their distinctive heritage and values.

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IPRA LAW RA 8371 PDF

Both the terms IPs and ICCs refer to homogenous societies identified by self-ascription and ascription by others, who have continuously lived as a community on communally bounded and defined territory, sharing common bonds of customs, traditions and other cultural traits, through resistance to political, social and cultural inroads to colonization, non-indigenous religions and culture. This generally refer to areas which they have possessed at a period of time when as far back as memory can go. Proofs of time immemorial possession main may include testimony of elders, historical accounts, anthropological or ethnographic studies, names of places, using dialect or language of indigenous peoples, genealogy, treaties or pacts, between or among indigenous peoples and or other populations. This is different with ancestral domains in a sense that this specifically refers to the land while the domain may include land, water, and aerial territories.

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Gromuro Execution of Decisions, Awards, Orders. No restraining Order or Preliminary Injunction. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury; d. It likewise covers sustainable traditional resource rights. The law also emphasizes that these rights are also to be afforded to indigenous women and children.

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