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Indigenous Peoples' Rights Act of 1997

RA 8371 · 1997 · Indigenous peoples and ancestral domains

Source checked. This copy does not establish whether a provision is current, amended, or controlling. Extracted text may contain scanning errors; compare it with the original.

DIGITAL P. 7 / 30
SECTION 8.            Rights to Ancestral Lands. — The right of ownership and possession of the ICCs/IPs to their ancestral lands shall be recognized and protected. a)              Right to transfer land/property. — Such right shall include the right to transfer land or property rights to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community concerned. b)              Right to Redemption. — In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs, or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem the same within a period not exceeding ¦fteen (15) years from the date of transfer. SECTION 9.            Responsibilities of ICCs/IPs to their Ancestral Domains. — ICCs/IPs occupying a duly certi¦ed ancestral domain shall have the following responsibilities: a)              Maintain Ecological Balance. — To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the §ora and fauna, watershed areas, and other reserves; b)              Restore Denuded Areas. — To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration; and c)              Observe Laws. — To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation. SECTION 10.         Unauthorized and Unlawful Intrusion. — Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights hereinbefore enumerated, shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs. SECTION 11.         Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. Formal recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certi¦cate of Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over the territories identi¦ed and delineated.