LegislationSource checked
Indigenous Peoples' Rights Act of 1997
RA 8371 · 1997 · Indigenous peoples and ancestral domains
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DIGITAL P. 5 / 30
p) Time Immemorial — refers to a period of time when as far back as memory can go, certain
ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a de¦ned territory
devolved to them, by operation of customary law or inherited from their ancestors, in accordance with
their customs and traditions.
CHAPTER III
Rights to Ancestral Domains
SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/domains shall include such
concepts of territories which cover not only the physical environment but the total environment including
the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which
they have claims of ownership.
SECTION 5. Indigenous Concept of Ownership. — Indigenous concept of ownership sustains the
view that ancestral domains and all resources found therein shall serve as the material bases of their
cultural integrity. 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. It likewise covers sustainable traditional resource rights.
SECTION 6. Composition of Ancestral Lands/Domains. — Ancestral lands and domains shall
consist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act.
SECTION 7. Rights to Ancestral Domains. — The rights of ownership and possession of ICCs/IPs to
their ancestral domains shall be recognized and protected. Such rights shall include:
a) Right of Ownership. — The right to claim ownership over lands, bodies of water traditionally and
actually occupied by ICCs/IPs, sacred places, traditional hunting and ¦shing grounds, and all
improvements made by them at any time within the domains;
b) Right to Develop Lands and Natural Resources. — Subject to Section 56 hereof, right to develop,
control and use lands and territories traditionally occupied, owned, or used; to manage and conserve
natural resources within the territories and uphold the responsibilities for future generations; to bene¦t
and share the pro¦ts from allocation and utilization of the natural resources found therein; the right to
negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of
ensuring ecological, environmental protection and the conservation measures, pursuant to national and
customary laws; the right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or impact upon the ancestral
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