•The Indigenous People's Rights Act of

1997 (IPRA), officially designated as

Republic Act No. 8371, is a Philippine
law that recognizes and promotes the
rights of indigenous cultural
communities and indigenous peoples
in the Philippines.
 LEGAL BASIS
•1987 PHILIPPINE CONSTITUTION
-Article II, Section 22,
“The State recognizes and promotes the rights of
indigenous cultural communities within the
framework of national unity and development.”
- Article XVI, Section 12)
“The Congress may create a consultative body to advise
the President on policies affecting indigenous cultural
communities, the majority of the members of which shall
come from such communities.”
 LEGAL BASIS
• INTERNATIONAL LAW
(e.g. UNDRIP)
• JURISPRUDENCE
(e.g. Cariňo vs. Insular Government )
Year 1909, in the case of Cariño vs. Insular Government, the
court has recognized long occupancy of land by an
indigenous member of the cultural communities as one of
private ownership, which, in legal concept, is termed "native
title". This case paved the way for the government to review
the so-called "native title" or "private right."
 Historical Evolution of RA 8371
• 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 gave birth to movements for a comprehensive
law that will protect not only the lands, but human
rights of the Filipino indigenous people.
 Historical Evolution of RA 8371
• CIPRAD or the Coalition for Indigenous
People's Rights and Ancestral Domains is an
alliance of Indigenous People's Organizations
(IPOs) and non-government organizations
(NGOs) created to pursue the advocacy for IP
rights and ancestral domains.
 Historical Evolution of RA 8371
• CIPRAD partnered with various NGOs
organizations such as Episcopal Commission
on Indigenous Peoples, National Peace
Conference, Center for Living Heritage and
PANLIPI (Legal Assistance Center for
Indigenous Filipinos) in order to lobby for the
IPRA or Indigenous People's Rights Act.
 Historical Evolution of RA 8371
• IPRA, formerly known as Ancestral Domain
Bill, was first filed in the Congress sometime in
1987 under the Senate Bill No. 909 authored by
Senator Santanina Rasul, Senator Joseph
Estrada and Senator Alberto Romulo, during
the 8th Congress, but was never enacted into
law.
 Historical Evolution of RA 8371
• In the 9th Congress, Senator Rasul introduced
Senate Bill No. 1029 and Senator Gloria
Macapagal-Arroyo introduced Senate Bill No.
1849. However, the bill was never sponsored
and deliberated upon on the floor.
 Historical Evolution of RA 8371
• Despite these failed efforts, the IPOs decided
to give it another try. Decisions have been
made during social negotiations among NGOs
and POs to rename the bill from Ancestral
Domain Bill to Indigenous Peoples Rights Act
to emphasize the holistic approach and
character of the bill.
 Historical Evolution of RA 8371
• In 1996, during the 10th Congress, Senator Juan
Flavier sponsored Senate Bill no. 1728. In his
sponsorship speech, he discussed the legal
bases for the bill found in the 1987 Constitution.
He also discussed the basic rights of
Indigenous cultural communities (ICCs), the
contents of the bill itself, and the immediate
need of protection of the Filipino Indigenous
People.
 Historical Evolution of RA 8371
• The House of Representatives approved the
bill late in September 1997.
• President Fidel V. Ramos signed it on 22
October 1997 officially making it Republic Act
No. 8371 Indigenous People's Rights Act of 1997,
which aims to "Recognize, Protect and
Promote the Rights of Indigenous cultural
Communities/Indigenous Peoples (ICCS/IPS)
and for other Purposes."
 Four Bundles of Rights Defined
under IPRA
• Right to Ancestral Domains and Lands

• Right to Self-Governance and Empowerment

• Right to Social Justice and Human Rights

• Right to Cultural Integrity

 1. Right to Ancestral Domains
and Lands
• Ownership; Develop & manage lands &
natural resources; Stay in territories; Rights in
case of displacement: Regulate entry of
migrants; Claim reservations; Right to safe &
clean air & water; Resolve conflict through
customary law; To transfer ancestral lands; To
redeem ancestral lands lost through vitiated
consent.
 1. Right to Ancestral Domains
and Lands
• Native Title refers to pre-conquest rights to
lands and domains which, as far back as
memory reaches, have been held under a
claim of private ownership by ICCs/IPs, have
never been public lands and are thus
indisputably presumed to have been held that
way since before the Spanish Conquest
(Section 31, RA 8371)
 1. Right to Ancestral Domains
and Lands
• Ancestral Domains - all areas generally belonging to ICCs/IPs
comprising lands, inland waters, coastal areas, and natural
resources therein, held under a claim of ownership, occupied or
possessed by ICCs/IPs, by themselves or through their ancestors,
communally or individually since time immemorial, continuously
to the present except when interrupted by war, force majeure
or displacement by force, deceit, stealth or as a consequence of
government projects or any other voluntary dealings entered
into by government and private individuals/ corporations, and
which are necessary to ensure their economic, social and cultural
welfare. (Section 3a, RA 8371)
 1. Right to Ancestral Domains
and Lands
• Ancestral Lands- land occupied, possessed and
utilized by individuals, families and clans who
are members of the ICCs/IPs since time
immemorial, by themselves or through their
predecessors-in-interest, under claims of
individual or traditional group ownership,
continuously, to the present (Section 3b, RA
8371)
 1. Right to Ancestral Domains
and Lands
• *ADS/ALs cover not only the physical
environment but the total environment
including the spiritual and cultural bonds to
the areas.

• *ADs are private but community property;

cannot be sold, disposed or destroyed.
 2. Right to Self-Governance and
Empowerment
• Freely pursue economic, social & cultural well- being;
Free Prior Informed Consent in use of resources
therein; Use commonly accepted justice
system/conflict resolution institutions/peace building
processes/customary laws; Participate in decision-
making that may affect them; Mandatory
representation in policy-making bodies & local
legislative councils; Determine their own priorities;
Organize; Granted means to fully develop their
institutions & initiatives
3. Social Justice & Human Rights
•Equal protection & non-discrimination
•Rights during armed conflict
•Equal opportunity & treatment
•Basic services
•Protection to women, children & youth
•Integrated system of education
 4. Right to Cultural Integrity
•Protection of culture, traditions and
institutions. These must be considered in
the formulation and application of
national plans and policies;
•Access to cultural opportunities;
•Recognition of cultural diversity;
 4. Right to Cultural Integrity
• Practice & revitalize their customs & traditions
& the state must protect manifestations
thereof;
• Religious, cultural sites & ceremonies; funds for
archaeological & historical sites; and
• Ownership and recognition of cultural and
intellectual rights [IKSP]
 National Commission on
Indigenous Peoples (NCIP)
• The primary government agency responsible
for the formulation and implementation of
policies, plans and programs to promote and
protect the rights and well-being of the
ICCs/IPs and the recognition of their ancestral
domains as well as their rights thereto.
 National Commission on
Indigenous Peoples (NCIP)
•Mandate
•The NCIP shall protect and promote the
interest and well-being of the ICCs/IPs
with due regard to their beliefs,
customs, traditions and institutions.