RA 8371 Flashcards
(31 cards)
What is the short title for RA 8371?
SECTION 1. Short Title. — This Act shall be known as “The Indigenous Peoples’ Rights Act of 1997”.
Who’s duty is it to recognize and promote all the rights of the Indigenous Cultural Communities?
A. The State
B. DENR
C. National Commission on Culture
D. The United States
A. The State
These encompass 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
Ancestral Domains
These encompass the 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 except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots
Ancestral Lands
A title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law
Certificate of Ancestral Domain Title
A title formally recognizing the rights of ICCs/IPs over their ancestral lands
Certificate of Ancestral Lands Title
These refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territory
Communal Claims
These refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs
Customary Laws
This is acquired upon the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.
Free and Prior Informed Consent
A group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos.
Indigenous Cultural Communities/Indigenous Peoples
These refer to organizational and cultural leadership systems, institutions, relationships, patterns and processes for decision-making and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or body of similar nature
Indigenous Political Structures
These refer to claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots
Individual Claims
The office created under this Act, which shall be under the Office of the President, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs
National Commission on Indigenous Peoples (NCIP)
This 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
Native Title
These refer to the rights of ICCs/IPs to sustainably use, manage, protect and conserve their resources and culture.
Sustainable Traditional Resource Rights
In the concept of ancestral lands/domaiins based on Section 4 of this RA, the territories cover not only the physical environment but the total environment. This includes what type of bond to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of ownership?
A. Mighty
B. Spiritual
C. Traditional
D. Religious
B. Spiritual
Yes or no: Can IPs sell their ancestral domains to private entities?
No.
SECTION 5. The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed.
Yes or no: A mining company, after thorough evaluation in compliance to RA 7942 and gathered the necessary approval from the government, decides to develop an area where IPs have ownership rights. Do the IPs have the right to stay in their land?
Yes.
Section 7 (c) Right to Stay in the Territories. — The right to stay in the territory and not to be removed therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than eminent domain.
Yes or No: An IP community was forced to abandon their ancestral domain due to natural hazards (i.e., constant flooding, mass wasting). Years later, the government decided to develop the area and established the necessary engineering controls to make the area relatively safe. Upon learning that the ancestral domain is now safe to live in again, the IP community decides to return to their land. Can the IPs return to their abandoned land?
Yes.
d) Right in Case of Displacement. Provided, That the displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined:
In 2023, do IPs still need to secure titles to their ancestral lands if they have been in continuous possession and occupation of the same in the concept of owner since time immemorial or for a period of not less than thirty (30) years?
A. Yes
B. No
C. Optional
A. Yes
SECTION 12. Option to Secure Certificate of Title Under Commonwealth Act 141, as amended, or the Land Registration Act 496. The option granted under this section shall be exercised within twenty (20) years from the approval of this Act.
Individually-owned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of eighteen percent (18%) or more, are classified as?
A. Alienable
B. Residential
C. Commercial
D. Private
A. Alienable
alienable and disposable agricultural lands
Can archaeologists explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values?
A. Yes
B. No
C. Depende sa sabot
C. Depende sa sabot
SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. To achieve this purpose, it shall be unlawful to:
a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free and prior informed consent of the community concerned; and
b) Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage.
The NCIP is an independent agency under what office?
A. Office of the President
B. Office of the Vice President
C. Office of the Council of Clubs and Organizations
A. Office of the President
In the delineation process of ancestral domains, provide one authentic document that validates an ICC’s claims.
1) Written accounts of the ICCs/IPs customs and traditions;
2) Written accounts of the ICCs/IPs political structure and institution;
3) Pictures showing long term occupation such as those of old improvements, burial grounds, sacred places and old villages;
4) Historical accounts, including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;
5) Survey plans and sketch maps;
6) Anthropological data;
7) Genealogical surveys;
8) Pictures and descriptive histories of traditional communal forests and hunting grounds;
9) Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the like; and
10) Write-ups of names and places derived from the native dialect of the community.
