Compilation of Envromental Law

8/11/2019 Compilation of Envromental Law

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Republic of the PhilippinesCongress of the Philippines

Metro Manila

Tenth Congress

Republic Act No. 8371 October 29, 1997

AN ACT TO RCO!N"#, PROTCT AN$ PRO%OT T& R"!&T' O( "N$"!NO)'C)*T)RA* CO%%)N"T"'+"N$"!NO)' POP*, CRAT"N! A NAT"ONA* CO%%"''"ON O(

"N$"!NO)' POP*, 'TA*"'&"N! "%P*%NT"N! %C&AN"'%', APPROPR"AT"N!()N$' T&R(OR, AN$ (OR OT&R P)RPO''

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

C&APTR "!NRA* PRO-"'"ON'

'ection 1. Short Title.- This Act shall be known as "The Indigenous Peoples Rights Act of1997."

'ection 2. Declaration of State Policies.- The State shall recognize and promote all the rights ofIndigenous Cultural Communities/Indigenous eoples !ICCs/Is" hereunder enumerated within theframework of the Constitution:

a" The State shall recognize and promote the rights of ICCs/Is within the framework of

national unit# and de$elopment%

b"The State shall protect the rights of ICCs/Is to their ancestral domains to ensure theireconomic& social and cultural well being and shall recognize the applicabilit# of customar#laws go$erning propert# rights or relations in determining the ownership and e'tent ofancestral domain%

c" The State shall recognize& respect and protect the rights of ICCs/Is to preser$e andde$elop their cultures& traditions and institutions( It shall consider these rights in theformulation of national laws and policies%

d" The State shall guarantee that members of the ICCs/Is regardless of se'& shall e)uall#

en*o# the full measure of human rights and freedoms without distinctions or discriminations%

e" The State shall take measures& with the participation of the ICCs/Is concerned& to protecttheir rights and guarantee respect for their cultural integrit#& and to ensure that members ofthe ICCs/Is benefit on an e)ual footing from the rights and opportunities which nationallaws and regulations grant to other members of the population and

f" The State recognizes its obligations to respond to the strong e'pression of the ICCs/Is forcultural integrit# b# assuring ma'imum ICC/I participation in the direction of education&


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health& as well as other ser$ices of ICCs/Is& in order to render such ser$ices moreresponsi$e to the needs and desires of these communities(

Towards these ends& the State shall institute and establish the necessar# mechanisms to enforceand guarantee the realization of these rights& taking into consideration their customs& traditions&$alues& beliefs& their rights to their ancestral domains(

C&APTR ""$("N"T"ON O( TR%'

'ection 3. Definition of Terms.- +or purposes of this Act& the following terms shall mean:

a"Ancestral Domains- Sub*ect to Section , hereof& refer to all areas generall# belonging toICCs/Is comprising lands&inland waters& coastal areas& and natural resources therein& heldunder a claim of ownership& occupied or possessed b# ICCs/Is& themsel$es or through theirancestors& communall# or indi$iduall# since time immemorial& continuousl# to the presente'cept when interrupted b# war& force ma*eure or displacement b# force& deceit& stealth or asa conse)uence of go$ernment pro*ects or an# other $oluntar# dealings entered into b#

go$ernment and pri$ate indi$iduals& corporations& and which are necessar# to ensure theireconomic& social and cultural welfare( It shall include ancestral land& forests& pasture&residential& agricultural& and other lands indi$iduall# owned whether alienable and disposableor otherwise& hunting grounds& burial grounds& worship areas& bodies of water& mineral andother natural resources& and lands which ma# no longer be e'clusi$el# occupied b# ICCs/Isbut from which their traditionall# had access to for their subsistence and traditional acti$ities&particularl# the home ranges of ICCs/Is who are still nomadic and/or shifting culti$ators%

b"Ancestral Lands - Sub*ect to Section , hereof& refers to land occupied& possessed andutilized b# indi$iduals& families and clans who are members of the ICCs/Is since timeimmemorial& b# themsel$es or through their predecessors-in-interest& under claims ofindi$idual or traditional group ownership&continuousl#& to the present e'cept when interruptedb# war& force ma*eure or displacement b# force& deceit& stealth& or as a conse)uence ofgo$ernment pro*ects and other $oluntar# dealings entered into b# go$ernment and pri$ateindi$iduals/corporations& including& but not limited to& residential lots& rice terraces or paddies&pri$ate forests& swidden farms and tree lots%

c" Certificate of Ancestral Domain itle - refers to a title formall# recognizing the rights ofpossession and ownership of ICCs/Is o$er their ancestral domains identified and delineatedin accordance with this law%

d" Certificate of Ancestral Lands itle ! refers to a title formall# recognizing the rights ofICCs/Is o$er their ancestral lands%

e" Communal Claims - refer to claims on land& resources and rights thereon& belonging to the

whole communit# within a defined territor#

f" Customary La"s- refer to a bod# of written and/or unwritten rules& usages& customs andpractices traditionall# and continuall# recognized& accepted and obser$ed b# respecti$eICCs/Is%

g" #ree and Prior $nformed Consent ! as used in this Act shall mean the consensus of allmembers of the ICCs/Is to% be determined in accordance with their respecti$e customar#


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laws and practices& free from an# e'ternal manipulation& interference and coercion& andobtained after full# disclosing the intent and scope of the acti$it#& in a language an processunderstandable to the communit#%

h" $ndigenous Cultural Communities%$ndigenous Peoples ! refer to a group of people orhomogenous societies identified b# self-ascription and ascription b# other& who ha$e

continuousl# li$ed as organized communit# on communall# bounded and defined territor#&and who ha$e& under claims of ownership since time immemorial& occupied& possessedcustoms& tradition and other distincti$e cultural traits& or who ha$e& through resistance topolitical& social and cultural inroads of colonization& non-indigenous religions and culture&became historicall# differentiated from the ma*orit# of +ilipinos( ICCs/Is shall likewiseinclude peoples who are regarded as indigenous on account of their descent from thepopulations which inhabited the countr#& at the time of con)uest or colonization& or at thetime of inroads of non-indigenous religions and cultures& or the establishment of presentstate boundaries& who retain some or all of their own social& economic& cultural and politicalinstitutions& but who ma# ha$e been displaced from their traditional domains or who ma#ha$e resettled outside their ancestral domains%

i" $ndigenous Political Structure ! refer to organizational and cultural leadership s#stems&institutions& relationships& patterns and processed for decision-making and participation&identified b# ICCs/Is such as& but not limited to& Council of .lders& Council of Timua#s&odong 0older& or an# other tribunal or bod# of similar nature%

*" $ndividual Claims ! refer to claims on land and rights thereon which ha$e been de$ol$ed toindi$iduals& families and clans including& but not limited to& residential lots& rice terraces orpaddies and tree lots%

k" &ational Commission on $ndigenous Peoples '&C$P( ! refers to the office created underthis Act& which shall be under the 1ffice of the resident& and which shall be the primar#go$ernment agenc# responsible for the formulation and implementation of policies& plansand programs to recognize& protect and promote the rights of ICCs/Is%

l" &ative itle ! refers to pre-con)uest rights to lands and domains which& as far back asmemor# reaches& ha$e been held under a claim of pri$ate ownership b# ICCs/Is& ha$ene$er been public lands and are thus indisputabl# presumed to ha$e been held that wa#since before the Spanish Con)uest%

m" &ongovernment )rgani*ation ! refers to a pri$ate& nonprofit $oluntar# organization thathas been organized primaril# for the deli$er# of $arious ser$ices to the ICCs/Is and has anestablished track record for effecti$eness and acceptabilit# in the communit# where it ser$es%

n" People+s )rgani*ation ! refers to a pri$ate& nonprofit $oluntar# organization of members ofan ICC/I which is accepted as representati$e of such ICCs/Is%

o" Sustainable raditional Resource Rights ! refer to the rights of ICCs/Is to sustainabl#use&manage& protect and conser$e a" land& air& water& and minerals% b" plants& animals andother organisms% c" collecting& fishing and hunting grounds% d" sacred sites% and e" otherareas of economic& ceremonial and aesthetic $alue in accordance with their indigenousknowledge& beliefs& s#stems and practices% and

p" ime $mmemorial - refers to a period of time when as far back as memor# can go& certainICCs/Is are known to ha$e occupied& possessed in the concept of owner& and utilized a


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defined territor# de$ol$ed to them& b# operation of customar# law or inherited from theirancestors& in accordance with their customs and traditions(

C&APTR """R"!&T' TO ANC'TRA* $O%A"N'

'ection . Concept of Ancestral ands!Domains.- Ancestral lands/domains shall include suchconcepts of territories which co$er not onl# the ph#sical en$ironment but the total en$ironmentincluding the spiritual and cultural bonds to the area which the ICCs/Is possess& occup# and useand to which the# ha$e claims of ownership(

'ection /. Indigenous Concept of #nership.- Indigenous concept of ownership sustains the$iew that ancestral domains and all resources found therein shall ser$e as the material bases of theircultural integrit#( The indigenous concept of ownership generall# holds that ancestral domains arethe ICC2s/I2s pri$ate but communit# propert# which belongs to all generations and therefore cannotbe sold& disposed or destro#ed( It likewise co$ers sustainable traditional resource rights(

'ection 0. Composition of Ancestral ands!Domains.- Ancestral lands and domains shall consist

of all areas generall# belonging to ICCs/Is as referred under Sec( 3& items !a" and !b" of this Act(

'ection 7. Rights to Ancestral Domains.- The rights of ownership and possession of ICCs/Is ttheir ancestral domains shall be recognized and protected( Such rights shall include:

a( Rights of )"nership,! The right to claim ownership o$er lands& bodies of water traditionall#and actuall# occupied b# ICCs/Is& sacred places& traditional hunting and fishing grounds&and all impro$ements made b# them at an# time within the domains%

b( Right to Develop Lands and &atural Resources( - Sub*ect to Section , hereof& right tode$elop& control and use lands and territories traditionall# occupied& owned& or used% tomanage and conser$e natural resources within the territories and uphold the responsibilities

for future generations% to benefit and share the profits from allocation and utilization of thenatural resources found therein% the right to negotiate the terms and conditions for thee'ploration of natural resources in the areas for the purpose of ensuring ecological&en$ironmental protection and the conser$ation measures& pursuant to national andcustomar# laws% the right to an informed and intelligent participation in the formulation andimplementation of an# pro*ect& go$ernment or pri$ate& that will affect or impact upon theancestral domains and to recei$e *ust and fair compensation for an# damages which the#sustain as a result of the pro*ect% and the right to effecti$e measures b# the go$ernment topre$ent an# interfere with& alienation and encroachment upon these rights%

c( Right to Stay in the erritories- The right to sta# in the territor# and not be remo$edtherefrom( 4o ICCs/Is will be relocated without their free and prior informed consent& northrough an# means other than eminent domain( 5here relocation is considered necessar#

as an e'ceptional measure& such relocation shall take place onl# with the free and priorinformed consent of the ICCs/Is concerned and whene$er possible& the# shall beguaranteed the right to return to their ancestral domains& as soon as the grounds forrelocation cease to e'ist( 5hen such return is not possible& as determined b# agreement orthrough appropriate procedures& ICCs/Is shall be pro$ided in all possible cases with landsof )ualit# and legal status at least e)ual to that of the land pre$iousl# occupied b# them&suitable to pro$ide for their present needs and future de$elopment( ersons thus relocatedshall likewise be full# compensated for an# resulting loss or in*ur#%


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d( Right in Case of Displacement( - In case displacement occurs as a result of naturalcatastrophes& the State shall endea$or to resettle the displaced ICCs/Is in suitable areaswhere the# can ha$e temporar# life support s#stem: ro$ided& That the displaced ICCs/Isshall ha$e the right to return to their abandoned lands until such time that the normalc# andsafet# of such lands shall be determined: ro$ided& further& That should their ancestraldomain cease to e'ist and normalc# and safet# of the pre$ious settlements are not possible&

displaced ICCs/Is shall en*o# securit# of tenure o$er lands to which the# ha$e beenresettled: ro$ided& furthermore& That basic ser$ices and li$elihood shall be pro$ided to themto ensure that their needs are ade)uatel# addressed:

e( Right to Regulate -ntry of .igrants( - 6ight to regulate the entr# of migrant settlers andorganizations into the domains%

f( Right to Safe and Clean Air and /ater( - +or this purpose& the ICCs/Is shall ha$e accessto integrated s#stems for the management of their inland waters and air space%

g( Right to Claim Parts of Reservations( - The right to claim parts of the ancestral domainswhich ha$e been reser$ed for $arious purposes& e'cept those reser$ed and intended for

common and public welfare and ser$ice% and

h( Right to Resolve Conflict( - 6ight to resol$e land conflicts in accordance with customar#laws of the area where the land is located& and onl# in default thereof shall the complaints besubmitted to amicable settlement and to the Courts of 7ustice whene$er necessar#(

'ection 8. Rights to Ancestral ands.- The right of ownership and possession of the ICCs/Is& totheir ancestral lands shall be recognized and protected(

a( Right to transfer land%property( - Such right shall include the right to transfer land orpropert# rights to/among members of the same ICCs/Is& sub*ect to customar# laws andtraditions of the communit# concerned(

b( Right to Redemption( - In cases where it is shown that the transfer of land/propert# rightsb# $irtue of an# agreement or de$ise& to a non-member of the concerned ICCs/Is is taintedb# the $itiated consent of the ICCs/Is&or is transferred for an unconscionable considerationor price& the transferor ICC/I shall ha$e the right to redeem the same within a period note'ceeding fifteen !8," #ears from the date of transfer(

'ection 9. Responsi$ilities of ICCs!IPs to their Ancestral Domains.- ICCs/Is occup#ing a dul#certified ancestral domain shall ha$e the following responsibilities:

a( Maintain .cological alance- To preser$e& restore& and maintain a balanced ecolog# in theancestral domain b# protecting the flora and fauna& watershed areas& and other reser$es%

b( 6estore 9enuded Areas- To acti$el# initiate& undertake and participate in the reforestationof denuded areas and other de$elopment programs and pro*ects sub*ect to *ust andreasonable remuneration% and

c( 1bser$e aws- To obser$e and compl# with the pro$isions of this Act and the rules andregulations for its effecti$e implementation(


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'ection 1. %nauthori&ed and %nla#ful Intrusion.- ;nauthorized and unlawful intrusion upon& oruse of an# portion of the ancestral domain& or an# $iolation of the rights herein before enumerated&shall be punishable under this law( +urthermore& the


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destinies through procedures determined b# them as well as to maintain and de$elop their ownindigenous political structures( Conse)uentl#& the State shall ensure that the ICCs/Is shall be gi$enmandator# representation in polic#-making bodies and other local legislati$e councils(

'ection 17. Right to Determine and Decide Priorities for De,elopment.- The ICCs/Is shallha$e the right to determine and decide their own priorities for de$elopment affecting their li$es&

beliefs& institutions& spiritual well-being& and the lands the# own& occup# or use( The# shallparticipate in the formulation&implementation and e$aluation of policies& plans and programs fornational& regional and local de$elopment which ma# directl# affect them(

'ection 18. Tri$al /arangas.- The ICCs/Is li$ing in contiguous areas or communities where the#form the predominant population but which are located in municipalities& pro$inces or cities wherethe# do not constitute the ma*orit# of the population& ma# form or constitute a separate baranga# inaccordance with the ocal


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'ection 23. 5reedom from Discrimination and Right to 23ual pportunit and Treatment.- Itshall be the right of the ICCs/Is to be free from an# form of discrimination& with respect torecruitment and conditions of emplo#ment& such that the# ma# en*o# e)ual opportunities as otheroccupationall#-related benefits& informed of their rights under e'isting labor legislation and of meansa$ailable to them for redress& not sub*ect to an# coerci$e recruitment s#stems& including bondedlabor and other forms of debt ser$itude% and e)ual treatment in emplo#ment for men and women&

including the protection from se'ual harassment(

Towards this end& the State shall within the framework of national laws and regulations& and incooperation with the ICCs/Is concerned& adopt special measures to ensure the effecti$e protectionwith regard to the recruitment and conditions of emplo#ment of persons belonging to thesecommunities& to the e'tent that the# are not effecti$el# protected b# the laws applicable to workers ingeneral(

ICCs/Is shall ha$e the right to association and freedom for all trade union acti$ities and the right toconclude collecti$e bargaining agreements with emplo#ers2 conditions( The# shall likewise ha$e theright not to be sub*ect to working conditions hazardous to their health& particularl# through e'posureto pesticides and other to'ic substances(

'ection 2. %nla#ful Acts Pertaining to 2mploment.- It shall be unlawful for an# person:

a( To discriminate against an# ICC/I with respect to the terms and conditions of emplo#menton account of their descent( .)ual remuneration shall be paid to ICC/I and non-ICC/I forwork of e)ual $alue% and

b( To den# an# ICC/I emplo#ee an# right or benefit herein pro$ided for or to discharge themfor the purpose of pre$enting them from en*o#ing an# of the rights or benefits pro$ided underthis Act(

'ection 2/. /asic Ser,ices.- The ICC/I ha$e the right to special measures for the immediate&

effecti$e and continuing impro$ement of their economic and social conditions& including in the areasof emplo#ment& $ocational training and retraining& housing& sanitation& health and social securit#(articular attention shall be paid to the rights and special needs of indigenous women& elderl#& #outh&children and differentl#-abled persons( Accordingl#& the State shall guarantee the right of ICCs/Is togo$ernment 2s basic ser$ices which shall include& but not limited to water and electrical facilities&education& health and infrastructure(

'ection 20. 6omen.- ICC/I women shall en*o# e)ual rights and opportunities with men& asregards the social& economic& political and cultural spheres of life( The participation of indigenouswomen in the decision-making process in all le$els& as well as in the de$elopment of societ#& shall begi$en due respect and recognition(

The State shall pro$ide full access to education& maternal and child care& health and nutrition& and

housing ser$ices to indigenous women( ocational& technical& professional and other forms oftraining shall be pro$ided to enable these women to full# participate in all aspects of social life( As faras possible& the State shall ensure that indigenous women ha$e access to all ser$ices in their ownlanguages(

'ection 27. Children and outh.- The State shall recognize the $ital role of the children and #outhof ICCs/Is in nation-building and shall promote and protect their ph#sical& moral& spiritual& moral&spiritual& intellectual and social well-being( Towards this end& the State shall support all go$ernmentprograms intended for the de$elopment and rearing of the children and #outh of ICCs/Is for ci$ic


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efficienc# and establish such mechanisms as ma# be necessar# for the protection of the rights of theindigenous children and #outh(

'ection 28. Integrated Sstem of 2ducation.- The State shall& through the 4CI& pro$ide acomplete& ade)uate and integrated s#stem of education& rele$ant to the needs of the children andDoung people of ICCs/Is(

C&APTR -"C)*T)RA* "NT!R"T5

'ection 29. Protection of Indigenous Culture( traditions and institutions.- The state shallrespect& recognize and protect the right of the ICCs/Is to preser$e and protect their culture&traditions and institutions( It shall consider these rights in the formulation of national plans andpolicies(

'ection 3. 2ducational Sstems.- The State shall pro$ide e)ual access to $arious culturalopportunities to the ICCs/Is through the educational s#stem& public or cultural entities&scholarships& grants and other incenti$es without pre*udice to their right to establish and control their

educational s#stems and institutions b# pro$iding education in their own language& in a mannerappropriate to their cultural methods of teaching and learning( Indigenous children/#outh shall ha$ethe right to all le$els and forms of education of the State(

'ection 31. Recognition of Cultural Di,ersit.- The State shall endea$or to ha$e the dignit# anddi$ersit# of the cultures& traditions& histories and aspirations of the ICCs/Is appropriatel# reflected inall forms of education& public information and cultural-educational e'change( Conse)uentl#& theState shall take effecti$e measures& in consultation with ICCs/Is concerned& to eliminate pre*udiceand discrimination and to promote tolerance& understanding and good relations among ICCs/Is andall segments of societ#( +urthermore& the


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'ection 3. Right to Indigenous 8no#ledge Sstems and Practices and to De,elop o#nSciences and Technologies.- ICCs/Is are entitled to the recognition of the full ownership andcontrol and protection of their cultural and intellectual rights( The# shall ha$e the right to specialmeasures to control& de$elop and protect their sciences& technologies and cultural manifestations&including human and other genetic resources& seeds& including deri$ati$es of these resources&traditional medicines and health practices& $ital medicinal plants& animals and minerals& indigenous

knowledge s#stems and practices& knowledge of the properties of fauna and flora& oral traditions&literature& designs& and $isual and performing arts(

'ection 3/.Access to /iological and +enetic Resources.- Access to biological and geneticresources and to indigenous knowledge related to the conser$ation& utilization and enhancement ofthese resources& shall be allowed within ancestral lands and domains of the ICCs/Is onl# with afree and prior informed consent of such communities& obtained in accordance with customar# laws ofthe concerned communit#(

'ection 30. Sustaina$le Agro*Technical De,elopment.- The State shall recognize the right ofICCs/Is to a sustainable agro-technological de$elopment and shall formulate and implementprograms of action for its effecti$e implementation( The State shall likewise promote the bio-genetic

and resource management s#stems among the ICCs/Is and shall encourage cooperation amonggo$ernment agencies to ensure the successful sustainable de$elopment of ICCs/Is(

'ection 37. 5unds for Archeological and istorical Sites.- The ICCs/Is shall ha$e the right torecei$e from the national go$ernment all funds especiall# earmarked or allocated for themanagement and preser$ation of their archeological and historical sites and artifacts with thefinancial and technical support of the national go$ernment agencies(

C&APTR -""NAT"ONA* CO%%"''"ON ON "N$"!NO)' POP*' 6NC"P

'ection 38. 4ational Commission on Indigenous Cultural Communities !Indigenous Peoples:4CCP;.- to carr# out the policies herein set forth& there shall be created the 4ational Commissionon ICCs/Is !4CI"& which shall be the primar# go$ernment agenc# responsible for the formulationand implementation of policies& plans and programs to promote and protect the rights and well-beingof the ICCs/Is and the recognition of their ancestral domains as well as their rights thereto(

'ection 39. 0andate.- The 4CI shall protect and promote the interest and well-being of theICCs/Is with due regard to their beliefs& customs& traditions and institutions(

'ection . Composition.- The 4CI shall be an independent agenc# under the 1ffice of theresident and shall be composed of se$en !E" Commissioners belonging to ICCs/Is& one !8" ofwhom shall be the Chairperson( The Commissioners shall be appointed b# the resident of thehilippines from a list of recommendees submitted b# authentic ICCs/Is: ro$ided& That the se$en!E" Commissioners shall be appointed specificall# from each of the following ethnographic areas:

6egion I and the Cordilleras% 6egion II% the rest of uzon% Island


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time of appointment& and must be of pro$en honest# and integrit#: ro$ided& That at least two !B" ofthe se$en !E" Commissioners shall be the members of the hilippine ar: ro$ided& further& That themembers of the 4CI shall hold office for a period of three !3" #ears& and ma# be sub*ect to re-appointment for another term: ro$ided& furthermore& That no person shall ser$e for more than two!B" terms( Appointment to an# $acanc# shall onl# be for the une'pired term of the predecessor and inno case shall a member be appointed or designated in a temporar# or acting capacit#: ro$ided&

finall#& That the Chairperson and the Commissioners shall be entitled to compensation in accordancewith the Salar# Standardization aw(

'ection 2. Remo,al from ffice.- An# member of the 4CI ma# be remo$ed from office b# theresident& on his own initiati$e or upon recommendation b# an# indigenous communit#& before thee'piration of his term for cause and after compl#ing with due process re)uirement of law(

'ection 3.Appointment of Commissioners.- The resident shall appoint the se$en !E"Commissioners of the 4CI within ninet# !?=" da#s from the effecti$it# of this Act(

'ection . Po#ers and 5unctions.- To accomplish its mandate& the 4CI shall ha$e the followingpowers& *urisdiction and function:

a" To ser$e as the primar# go$ernment agenc# through which ICCs/Is can seekgo$ernment assistance and as the medium& thorough which such assistance ma# bee'tended%

b" To re$iew and assess the conditions of ICCs/Is including e'isting laws and policiespertinent thereto and to propose rele$ant laws and policies to address their role in nationalde$elopment%

c" To formulate and implement policies& plans& programs and pro*ects for the economic&social and cultural de$elopment of the ICCs/Is and to monitor the implementation thereof%

d" To re)uest and engage the ser$ices and support of e'perts from other agencies ofgo$ernment or emplo# pri$ate e'perts and consultants as ma# be re)uired in the pursuit ofits ob*ecti$es%

e" To issue certificate of ancestral land/domain title%

f" Sub*ect to e'isting laws& to enter into contracts& agreements& or arrangement& withgo$ernment or pri$ate agencies or entities as ma# be necessar# to attain the ob*ecti$es ofthis Act& and sub*ect to the appro$al of the resident& to obtain loans from go$ernmentlending institutions and other lending institutions to finance its programs%

g" To negotiate for funds and to accept grants& donations& gifts and/or properties in whate$er

form and from whate$er source& local and international& sub*ect to the appro$al of theresident of the hilippines& for the benefit of ICCs/Is and administer the same inaccordance with the terms thereof% or in the absence of an# condition& in such mannerconsistent with the interest of ICCs/Is as well as e'isting laws%

h" To coordinate de$elopment programs and pro*ects for the ad$ancement of the ICCs/Isand to o$ersee the proper implementation thereof%


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i" To con$ene periodic con$entions or assemblies of Is to re$iew& assess as well as proposepolicies or plans%

*" To ad$ise the resident of the hilippines on all matters relating to the ICCs/Is and tosubmit within si't# !=" da#s after the close of each calendar #ear& a report of its operationsand achie$ements%

k" To submit to Congress appropriate legislati$e proposals intended to carr# out the policiesunder this Act%

l" To prepare and submit the appropriate budget to the 1ffice of the resident%

m" To issue appropriate certification as a pre-condition to the grant of permit& lease& grant& oran# other similar authorit# for the disposition& utilization& management and appropriation b#an# pri$ate indi$idual& corporate entit# or an# go$ernment agenc#& corporation or subdi$isionthereof on an# part or portion of the ancestral domain taking into consideration theconsensus appro$al of the ICCs/Is concerned%

n" To decide all appeals from the decisions and acts of all the $arious offices within theCommission:

o" To promulgate the necessar# rules and regulations for the implementation of this Act%

p" To e'ercise such other powers and functions as ma# be directed b# the resident of the6epublic of the hilippines% and

)" To represent the hilippine ICCs/Is in all international conferences and con$entionsdealing with indigenous peoples and other related concerns(

'ection /.Accessi$ilit and Transparenc.- Sub*ect to such limitations as ma# be pro$ided b#

law or b# rules and regulations promulgated pursuant thereto& all official records& documents andpapers pertaining to official acts& transactions or decisions& as well as research data used as basisfor polic# de$elopment of the Commission shall be made accessible to the public(

'ection 0. fficers #ithin the 4CIP.- The 4CI shall ha$e the following offices which shall beresponsible for the implementation of the policies herein after pro$ided:

a(Ancestral Domains )ffice- The Ancestral 9omain 1ffice shall be responsible for theidentification& delineation and recognition of ancestral land/domains( It shall also beresponsible for the management of ancestral lands/domains in accordance with the masterplans as well as the implementation of the ancestral domain rights of the ICCs/Is aspro$ided in Chapter III of this Act( It shall also issue& upon the free and prior informed

consent of the ICCs/Is concerned& certification prior to the grant of an# license& lease orpermit for the e'ploitation of natural resources affecting the interests of ICCs/Is inprotecting the territorial integrit# of all ancestral domains( It shall likewise perform such otherfunctions as the Commission ma# deem appropriate and necessar#%

b( )ffice on Policy0 Planning and Research !The 1ffice on olic#& lanning and 6esearchshall be responsible for the formulation of appropriate policies and programs for ICCs/Issuch as& but not limited to& the de$elopment of a +i$e-Dear Master lan for the ICCs/Is(Such plan shall undergo a process such that e$er# fi$e #ears& the Commission shall


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endea$or to assess the plan and make ramifications in accordance with the changingsituations( The 1ffice shall also undertake the documentation of customar# law and shallestablish and maintain a 6esearch Center that would ser$e as a depositor# of ethnographicinformation for monitoring& e$aluation and polic# formulation( It shall assist the legislati$ebranch of the national go$ernment in the formulation of appropriate legislation benefitingICCs/Is(

c( )ffice of -ducation0 Culture and Health - The 1ffice on Culture& .ducation and 0ealthshall be responsible for the effecti$e implementation of the education& cultural and relatedrights as pro$ided in this Act( It shall assist& promote and support communit# schools& bothformal and non-formal& for the benefit of the local indigenous communit#& especiall# in areaswhere e'isting educational facilities are not accessible to members of the indigenous group(It shall administer all scholarship programs and other educational rights intended for ICC/Ibeneficiaries in coordination with the 9epartment of .ducation& Culture and Sports and theCommission on 0igher .ducation( It shall undertake& within the limits of a$ailableappropriation& a special program which includes language and $ocational training& publichealth and famil# assistance program and related sub*ects(

It shall also identif# ICCs/Is with potential training in the health profession and encourageand assist them to enroll in schools of medicine& nursing& ph#sical therap# and other alliedcourses pertaining to the health profession(

Towards this end& the 4CI shall deplo# a representati$e in each of the said offices who shallpersonall# perform the foregoing task and who shall recei$e complaints from the ICCs/Isand compel action from appropriate agenc#( It shall also monitor the acti$ities of the 4ationalMuseum and other similar go$ernment agencies generall# intended to manage and preser$ehistorical and archeological artifacts of the ICCs /Is and shall be responsible for theimplementation of such other functions as the 4CI ma# deem appropriate and necessar#%

d( )ffice on Socio!-conomic Services and Special Concerns - The 1ffice on Socio-.conomic Ser$ices and Special Concerns shall ser$e as the 1ffice through which the 4CI

shall coordinate with pertinent go$ernment agencies speciall# charged with theimplementation of $arious basic socio-economic ser$ices& policies& plans and programsaffecting the ICCs/Is to ensure that the same are properl# and directl# en*o#ed b# them( Itshall also be responsible for such other functions as the 4CI ma# deem appropriate andnecessar#%

e( )ffice of -mpo"erment and Human Rights - The 1ffice of .mpowerment and 0uman6ights shall ensure that indigenous socio- political& cultural and economic rights arerespected and recognized( It shall ensure that capacit# building mechanisms are institutedand ICCs/Is are afforded e$er# opportunit#& if the# so choose& to participate in all le$eldecision-making( It shall likewise ensure that the basic human rights& and such other rightsas the 4CI ma# determine& sub*ect to e'isting laws& rules and regulations are protected and

promoted%

f(Administrative )ffice !The Administrati$e 1ffice shall pro$ide the 4CI with economical&efficient and effecti$e ser$ices pertaining to personnel& finance& records& e)uipment& securit#&supplies& and related ser$ices( It shall also administer the Ancestral 9omains +und% and

g( Legal Affairs )ffice - There shall be a egal Affairs 1ffice which shall ad$ice the 4CI onall legal matters concerning ICCs/Is and which shall be responsible for pro$iding ICCs/Iswith legal assistance in litigation in$ol$ing communit# interest( It shall conduct preliminar#


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in$estigation on the basis of complaints filed b# the ICCs/Is against a natural or *uridicalperson belie$ed to ha$e $iolated ICCs/Is rights( 1n the basis of its findings& it shall initiatethe filing of appropriate legal or administrati$e action to the 4CI(

'ection 7. ther ffices.- The 4CI shall ha$e the power to create additional offices as it ma#deem necessar# sub*ect to e'isting rules and regulations(

'ection 8. Regional and 5ield ffices.- .'isting regional and field offices shall remain to functionunder the strengthened organizational structure of the 4CI( 1ther field office shall be createdwhere$er appropriate and the staffing pattern thereof shall be determined b# the 4CI: ro$ided&That in pro$inces where there are ICCs/Is but without field offices& the 4CI shall establish fieldoffices in said pro$inces(

'ection 9. ffice of the 2=ecuti,e Director.- The 4CI shall create the 1ffice of the .'ecuti$e9irector which shall ser$e as its secretariat( The office shall be headed b# an .'ecuti$e 9irector whoshall be appointed b# the resident of the 6epublic of the hilippines upon the recommendation ofthe 4CI on a permanent basis( The staffing pattern of the office shall be determined b# the 4CIsub*ect to e'isting rules and regulations(

'ection /. Consultati,e /od.- A bod# consisting of the traditional leaders& elders andrepresentati$es from the women and #outh sectors of the different ICCs/Is shall be constituted b#the 4CI from the time to time to ad$ise it on matters relating to the problems& aspirations andinterests of the ICCs/Is(

C&APTR -"""$*"NAT"ON AN$ RCO!N"T"ON O( ANC'TRA* $O%A"N'

'ection /1. Delineation and Recognition of Ancestral Domains.- Self-delineation shall beguiding principle in the identification and delineation of ancestral domains( As such& the ICCs/Isconcerned shall ha$e a decisi$e role in all the acti$ities pertinent thereto( The Sworn Statement of

the .lders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/Is&if an#& will be essential to the determination of these traditional territories( The


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c( Delineation Paper - The official delineation of ancestral domain boundaries includingcensus of all communit# members therein& shall be immediatel# undertaken b# the Ancestral9omains 1ffice upon filing of the application b# the ICCs/Is concerned( 9elineation will bedone in coordination with the communit# concerned and shall at all times include genuinein$ol$ement and participation b# the members of the communities concerned%

d( Proof re1uired - roof of Ancestral 9omain Claims shall include the testimon# of elders orcommunit# under oath& and other documents directl# or indirectl# attesting to the possessionor occupation of the area since time immemorial b# such ICCs/Is in the concept of ownerswhich shall be an# one !8" of the following authentic documents:

8( 5ritten accounts of the ICCs/Is customs and traditions%

B( 5ritten accounts of the ICCs/Is political structure and institution%

3( ictures showing long term occupation such as those of old impro$ements& burialgrounds& sacred places and old $illages%

>( 0istorical accounts& including pacts and agreements concerning boundariesentered into b# the ICCs/Is concerned with other ICCs/Is%

,( Sur$e# plans and sketch maps%

( Anthropological data%

E(


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further& That mere posting shall be deemed sufficient if both newspaper and radio station arenot a$ailable%

h(-ndorsement to &C$P !5ithin fifteen !8," da#s from publication& and of the inspectionprocess& the Ancestral 9omains 1ffice shall prepare a report to the 4CI endorsing afa$orable action upon a claim that is deemed to ha$e sufficient proof( 0owe$er& if the proof is

deemed insufficient& the Ancestral 9omains 1ffice shall re)uire the submission of additionale$idence: ro$ided& That the Ancestral 9omains 1ffice shall re*ect an# claim that is deemedpatentl# false or fraudulent after inspection and $erification: ro$ided& further& That in case ofre*ection& the Ancestral 9omains 1ffice shall gi$e the applicant due notice& cop# furnished allconcerned& containing the grounds for denial( The denial shall be appealable to the 4CI:ro$ided& furthermore& That in cases where there are conflicting claims& the Ancestral9omains 1ffice shall cause the contending parties to meet and assist them in coming up witha preliminar# resolution of the conflict& without pre*udice to its full ad*udication according tothe selection below(

i( urnover of Areas /ithin Ancestral Domains .anaged by )ther 2overnment Agencies -The Chairperson of the 4CI shall certif# that the area co$ered is an ancestral domain( The

secretaries of the 9epartment of Agrarian 6eform& 9epartment of .n$ironment and 4atural6esources& 9epartment of the Interior and ocal


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d( The Ancestral 9omains 1ffice ma# re)uire from each ancestral claimant the submission ofsuch other documents& Sworn Statements and the like& which in its opinion& ma# shed lighton the $eracit# of the contents of the application/claim%

e( ;pon receipt of the applications for delineation and recognition of ancestral land claims&the Ancestral 9omains 1ffice shall cause the publication of the application and a cop# of

each document submitted including a translation in the nati$e language of the ICCs/Isconcerned in a prominent place therein for at least fifteen !8," da#s( A cop# of the documentshall also be posted at the local& pro$incial& and regional offices of the 4CI and shall bepublished in a newspaper of general circulation once a week for two !B" consecuti$e weeksto allow other claimants to file opposition thereto within fifteen !8," da#s from the date ofsuch publication: ro$ided& That in areas where no such newspaper e'ists& broadcasting in aradio station will be a $alid substitute: ro$ided& further& That mere posting shall be deemedsufficient if both newspapers and radio station are not a$ailable

f( +ifteen !8," da#s after such publication& the Ancestral 9omains 1ffice shall in$estigate andinspect each application& and if found to be meritorious& shall cause a parcellar# sur$e# ofthe area being claimed( The Ancestral 9omains office shall re*ect an# claim that is deemed

patentl# false or fraudulent after inspection and $erification( In case of re*ection& theAncestral 9omains office shall gi$e the applicant due notice& cop# furnished all concerned&containing the grounds for denial( The denial shall be appealable to the 4CI( In case ofconflicting claims among indi$idual or indigenous corporate claimants& the Ancestral domains1ffice shall cause the contending parties to meet and assist them in coming up with apreliminar# resolution of the conflict& without pre*udice to its full ad*udication according toSec( B of this Act( In all proceedings for the identification or delineation of the ancestraldomains as herein pro$ided& the 9irector of ands shall represent the interest of the6epublic of the hilippines% and

g( The Ancestral 9omains 1ffice shall prepare and submit a report on each and e$er#application sur$e#ed and delineated to the 4CI& which shall& in turn& e$aluate or corporate!famil# or clan" claimant o$er ancestral lands(

'ection /. 5raudulent Claims.- The Ancestral 9omains 1ffice ma#& upon written re)uest from theICCs/Is& re$iew e'isting claims which ha$e been fraudulentl# ac)uired b# an# person or communit#(

An# claim found to be fraudulentl# ac)uired b#& and issued to& an# person or communit# ma# becancelled b# the 4CI after due notice and hearing of all parties concerned(

'ection //. Communal Rights.- Sub*ect to Section , hereof& areas within the ancestral domains&whether delineated or not& shall be presumed to be communall# held: ro$ide& That communal rightsunder this Act shall not be construed as co-ownership as pro$ided in 6epublic Act( 4o( 3@&otherwise known as the 4ew Ci$il Code(

'ection /0. 2=isting Propert Rights Regimes.- ropert# rights within the ancestral domains

alread# e'isting and/or $ested upon effecti$it# of this Act& shall be recognized and respected(

'ection /7. 4atural Resources #ithin Ancestral Domains.- The ICCs/Is shall ha$e the priorit#rights in the har$esting& e'traction& de$elopment or e'ploitation of an# natural resources within theancestral domains( A non-member of the ICCs/Is concerned ma# be allowed to take part in thede$elopment and utilization of the natural resources for a period of not e'ceeding twent#-fi$e !B,"#ears renewable for not more than twent#-fi$e !B," #ears: ro$ided& That a formal and writtenagreement is entered into with the ICCs/Is concerned or that the communit#& pursuant to its own


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decision making process& has agreed to allow such operation: ro$ided& finall#& That the alle'tractions shall be used to facilitate the de$elopment and impro$ement of the ancestral domains(

'ection /8. 2n,ironmental Consideration.- Ancestral domains or portion thereof& which are foundnecessar# for critical watersheds& mangro$es wildlife sanctuaries& wilderness& protected areas& forestco$er& or reforestation as determined b# the appropriate agencies with the full participation of the

ICCs/Is concerned shall be maintained& managed and de$eloped for such purposes( The ICCs/Isconcerned shall be gi$en the responsibilit# to maintain& de$elop& protect and conser$e such areaswith the full and effecti$e assistance of the go$ernment agencies( Should the ICCs/Is decide totransfer the responsibilit# o$er the areas& said decision must be made in writing( The consent of theICCs/Is should be arri$ed at in accordance with its customar# laws without pre*udice to the basicre)uirement of the e'isting laws on free and prior informed consent: ro$ided& That the transfer shallbe temporar# and will ultimatel# re$ert to the ICCs/Is in accordance with a program for technolog#transfer: ro$ided& further& That no ICCs/Is shall be displaced or relocated for the purposeenumerated under this section without the written consent of the specific persons authorized to gi$econsent(

'ection /9. Certification Precondition.- all department and other go$ernmental agencies shall

henceforth be strictl# en*oined from issuing& renewing& or granting an# concession& license or lease&or entering into an# production-sharing agreement& without prior certification from the 4CI that thearea affected does not o$erlap with an# ancestral domain( Such certificate shall onl# be issued aftera field-based in$estigation is conducted b# the Ancestral 9omain 1ffice of the area concerned:ro$ided& That no certificate shall be issued b# the 4CI without the free and prior informed andwritten consent of the ICCs/Is concerned: ro$ided& further& That no department& go$ernmentagenc# or go$ernment-owned or -controlled corporation ma# issue new concession& license& lease&or production sharing agreement while there is pending application CA9T: ro$ided& finall#& That theICCs/Is shall ha$e the right to stop or suspend& in accordance with this Act& an# pro*ect that has notsatisfied the re)uirement of this consultation process(

'ection 0. 2=emption from Ta=es.- All lands certified to be ancestral domains shall be e'emptfrom real propert# ta'es& speciall# le$ies& and other forms of e'action e'cept such portion of the

ancestral domains as are actuall# used for large-scale agriculture& commercial forest plantation andresidential purposes and upon titling b# other b# pri$ate person: ro$ided& that all e'actions shall beused to facilitate the de$elopment and impro$ement of the ancestral domains(

'ection 01. Temporar Re3uisition Po#ers.- rior to the establishment of an institutionalsur$e#ing capacit# whereb# it can effecti$el# fulfill its mandate& but in no case be#ond three !3" #earsafter its creation& the 4CI is hereb# authorized to re)uest the 9epartment of .n$ironment and4atural 6esources !9.46" sur$e# teams as well as other e)uall# capable pri$ate sur$e# teams&through a Memorandum of Agreement !M1A"& to delineate ancestral domain perimeters( The 9.46Secretar# shall accommodate an# such re)uest within one !8" month of its issuance: ro$ided& Thatthe Memorandum of Agreement shall stipulate& among others& a pro$ision for technolog# transfer tothe 4CI(

'ection 02. Resolution of Conflicts.- In cases of conflicting interest& where there are ad$erseclaims within the ancestral domains as delineated in the sur$e# plan& and which cannot be resol$ed&the 4CI shall hear and decide& after notice to the proper parties& the disputes arising from thedelineation of such ancestral domains: ro$ided& That if the dispute is between and/or amongICCs/Is regarding the traditional boundaries of their respecti$e ancestral domains& customar#process shall be followed( The 4CI shall promulgate the necessar# rules and regulations to carr#out its ad*udicator# functions: ro$ided& further& That in an# decision& order& award or ruling of the4CI on an# ancestral domain dispute or on an# matter pertaining to the application&


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c( To hold an# person in contempt& directl# or indirectl#& and impose appropriate penaltiestherefor% and

d( To en*oin an# or all acts in$ol$ing or arising from an# case pending therefore it which& if notrestrained forthwith& ma# cause gra$e or irreparable damage to an# of the parties to the caseor seriousl# affect social or economic acti$it#(

'ection 7. 4o restraining rder or Preliminar In>unction.- 4o inferior court of the hilippinesshall ha$e the *urisdiction to issue an# restraining order or writ of preliminar# in*unction against the4CI or an# of its dul# authorized or designated offices in an# case& dispute or contro$ers# to& orinterpretation of this Act and other pertinent laws relating to ICCs/Is and ancestral domains(

C&APTR ANC'TRA* $O%A"N' ()N$

'ection 71.Ancestral Domains 5und.- There is hereb# created a special fund& to be known as theAncestral 9omains +und& an initial amount of the 1ne 0undred thirt# million pesos!83=&===&===" toco$er compensation for e'propriated lands& delineation and de$elopment of ancestral domains( An

amount of +ift# million pesos !,=&===&===" shall be sourced from the gross income of the hilippineCharit# Sweepstakes 1ffice !CS1" from its lotto operation& Ten millions pesos !8=&===&===" fromthe gross receipts of the tra$el ta' of the preceding #ear& the fund of the Social 6eform Councilintended for sur$e# and delineation of ancestral lands/domains& and such other source as thego$ernment ma# be deem appropriate( Thereafter such amount shall be included in the annualect to Punishment.- If the offender is a *uridical person& all officers suchas& but not limited to& its president& manager& or head of office responsible for their unlawful act shallbe criminall# liable therefor& in addition to the cancellation of certificates of their registration and/orlicense: ro$ided& That if the offender is a public official& the penalt# shall include perpetualdis)ualification to hold public office(


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C&APTR ""%R!R O( T& O(("C (OR NORT&RN C)*T)RA* CO%%)N"T"' 6ONCC AN$ T&

O(("C (OR 'O)T&RN C)*T)RA* CO%%)N"T"' 6O'CC

'ection 7. 0erger of 4CC!SCC.- The 1ffice for 4orthern Cultural Communities !14CC" andthe 1ffice of Southern Cultural Communities !1SCC"& created under .'ecuti$e 1rder 4os( 8BB-

and 8BB-C respecti$el#& are hereb# merged as organic offices of the 4CI and shall continue tofunction under a re$italized and strengthened structures to achie$e the ob*ecti$es of the 4CI:ro$ided& That the positions of 6egional 9irectors and below& are hereb# phased-out upon theeffecti$it# of this Act: ro$ided& further& That officials and emplo#ees of the phased-out offices whoma# be )ualified ma# appl# for reappointment with the 4CI and ma# be gi$en prior rights in thefiling up of the newl# created positions of 4CI& sub*ect to the )ualifications set b# the lacementCommittee: ro$ided& furthermore& That in the case where an indigenous person and a non-indigenous person with similar )ualifications appl# for the same position& priorit# shall be gi$en to theformer( 1fficers and emplo#ees who are to be phased-out as a result of the merger of their officesshall be entitled to gratuit# a rate e)ui$alent to one and a half !8 8/B" months salar# for e$er# #ear ofcontinuous and satisfactor# ser$ice rendered or the e)ui$alent nearest fraction thereof fa$orable tothem on the basis of the highest salar# recei$ed( If the# are alread# entitled to retirement benefits orthe gratuit# herein pro$ided( 1fficers and emplo#ees who ma# be reinstated shall refund suchretirement benefits or gratuit# recei$ed: ro$ided& finall# That absorbed personnel must still meet the)ualifications and standards set b# the Ci$il Ser$ice and the lacement Committee herein created(

'ection 7/. Transition Period.- The 14CC/1SCC shall ha$e a period of si' !" months from theeffecti$it# of this Act within which to wind up its affairs and to conduct audit of its finances(

'ection 70. Transfer of Assets!Properties.- All real and personal properties which are $ested in&or belonging to& the merged offices as aforestated shall be transferred to the 4CI without furtherneed of con$e#ance& transfer or assignment and shall be held for the same purpose as the# wereheld b# the former offices: ro$ided& That all contracts& records and documents shall be transferredto the 4CI( All agreements and contracts entered into b# the merged offices shall remain in fullforce and effect unless otherwise terminated& modified or amended b# the 4CI(

'ection 77. Placement Committee.- Sub*ect to rules on go$ernment reorganization& a lacementCommittee shall be created b# the 4CI& in coordination with the Ci$il Ser$ice Commission& whichshall assist in the *udicious selection and placement of personnel in order that the best )ualified andmost deser$ing persons shall be appointed in the reorganized agenc#( The placement Committeeshall be composed of se$en !E" commissioners and an ICCs/Is representati$e from each of the firstand second le$el emplo#ees association in the 1ffices for 4orthern and Southern CulturalCommunities !14CC/1SCC"& nongo$ernment organizations !4


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'ection 79.Appropriations.- The amount necessar# to finance the initial implementation of this Actshall be charged against the current #ear2s appropriation of the 14CC and the 1SCC( Thereafter&such sums as ma# be necessar# for its continued implementation shall be included in the annual

Compilation of Envromental Law

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