Indigenous Peoples' Rights Act of 1997

SECTION 63. Applicable Laws. — Customary laws, traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied first with respect to property rights, claims and ownerships, hereditary succession and settlement of land disputes. Any doubt or ambiguity in the application and interpretation of laws shall be resolved in favor of the ICCs/IPs. SECTION 64. Remedial Measures. — Expropriation may be resorted to in the resolution of conflicts of interest following the principle of the “common good”. The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired illegally: Provided, That such procedure shall ensure that the rights of possessors in good faith shall be respected: Provided, further, That the action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided, finally, That the action for reconveyance shall be within a period of ten (10) years in accordance with existing laws. CHAPTER IX Jurisdiction and Procedures for Enforcement of Rights SECTION 65. Primacy of Customary Laws and Practices. — When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute. SECTION 66. Jurisdiction of the NCIP. — The NCIP through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Provided, however, That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the NCIP. SECTION 67. Appeals to the Court of Appeals. — Decisions of the NCIP shall be appealable to the Court of Appeals by way of a petition for review. SECTION 68. Execution of Decisions, Awards, Orders. — Upon expiration of the period herein provided and no appeal is perfected by any of the contending parties, the Hearing Officer of the NCIP on its own initiative or upon motion by the prevailing party, shall issue a writ of execution requiring the sheriff or the proper officer to execute final decisions, orders or awards of the Regional Hearing Officer of the NCIP. SECTION 69. Quasi-Judicial Powers of the NCIP. — The NCIP shall have the power and authority: