Traditional Property Rights of Indigenous Peoples Act

Schate Difice of the fortretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG 27 A9:17 SENATE RECEIVED BY: S. No. 1253 Introduced by Senator Loren Legarda AN ACT SAFEGUARDING THE TRADITIONAL PROPERTY RIGHTS OF INDIGENOUS PEOPLES, RECOGNIZING THEIR COLLECTIVE OWNERSHIP OVER TRADITIONAL CULTURAL EXPRESSIONS, KNOWLEDGE, AND PRACTICES, ESTABLISHING A SYSTEM FOR PROTECTION AND MANAGEMENT THEREOF, PROVIDING FOR FREE, PRIOR AND INFORMED CONSENT, PRESCRIBING PENALTIES FOR UNAUTHORIZED USE, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Philippines is home to a rich diversity of Indigenous Peoples, each with distinct languages, practices, and systems of knowledge passed down through generations. These communities are the bearers of invaluable traditional cultural heritage including songs, chants, rituals, crafts, designs, oral histories, and ceremonial practices— that are integral not only to their identity and way of life, but also to the broader fabric of the Filipino nation. Republic Act No. 8371, or the Indigenous Peoples' Rights Act (IPRA) of 1997, affirms the rights of Indigenous Peoples to their ancestral domains, self-governance, and cultural integrity. However, while the IPRA recognizes cultural rights in principle, it lacks specific legal mechanisms to safeguard traditional cultural expressions as forms of intellectual property. As a result, many indigenous works have been used, commodified, or adapted without proper consent, attribution, or compensation- undermining both cultural integrity and communal ownership.

This measure seeks to fill that legal gap. By establishing a framework for the recognition, registration, protection, and enforcement of traditional property rights over both tangible and intangible cultural heritage, the bill empowers Indigenous Peoples to exercise moral and economic rights over their creations. It aligns with global standards, including the UNESCO Declaration on Cultural Diversity and ongoing international dialogues under the World Intellectual Property Organization (WIPO). The key features of the bill include: 1. The recognition of communal ownership of traditional cultural property, held in perpetuity; 2. The establishment of a national inventory and registration system, administered by the National Commission for Culture and the Arts (NCCA); 3. The requirement of Free, Prior, and Informed Consent (FPIC) before any use, adaptation, or commercialization of protected indigenous cultural expressions; 4. The creation of royalty mechanisms to ensure fair and equitable compensation for authorized uses; 5. The allowance of non-commercial, respectful educational and cultural uses, with safeguards for sacred or restricted items; and 6. The periodic review and updating of the implementing rules and cultural classifications, in coordination with IP communities and the NCIP. This legislative proposal strengthens the legal foundations for cultural justice, heritage protection, and indigenous empowerment. It recognizes that traditional knowledge systems are not relics of the past, but dynamic, living legacies that must be protected and respected in a modern legal framework. In view of the foregoing consideration, the passage of this bill is earnestly sought. LOREN LEGARDA

Echale office of the Sonertarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUG 27 A9:17 First Regular Session ) SENATE RECEIVED BY: S. No. 1253 Introduced by Senator Loren Legarda AN ACT SAFEGUARDING THE TRADITIONAL PROPERTY RIGHTS OF INDIGENOUS PEOPLES, RECOGNIZING THEIR COLLECTIVE OWNERSHIP OVER TRADITIONAL CULTURAL EXPRESSIONS, KNOWLEDGE, AND PRACTICES, ESTABLISHING A SYSTEM FOR PROTECTION AND MANAGEMENT THEREOF, PROVIDING FOR FREE, PRIOR AND INFORMED CONSENT, PRESCRIBING PENALTIES FOR UNAUTHORIZED USE, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Traditional Property

2 Rights of Indigenous Peoples Act.

Sec. 2. Declaration of Principles and Policies. - It is hereby declared the policy

4 of the State to recognize, protect, and promote the traditional cultural heritage of the 5 Indigenous Peoples of the Philippines. This includes safeguarding both tangible and intangible expressions of their identity, values, knowledge systems, and ways of life, 7 and supporting traditional artists and artisans in their contribution to their respective 8 ethnic cultures and the national heritage. Consistent with the principles adopted by the UNESCO World Conference on Cultural Policies held in Mexico in 1982, this Act affirms that culture encompasses the full range of distinctive spiritual, material, intellectual, and emotional features that characterize a society or social group. This includes not only artistic and literary expressions, but also modes of life, value systems, beliefs, and traditions. The State shall also recognize the spiritual, ecological, and ceremonial significance of traditional cultural expressions, which may not always be commercial

1 in nature but are essential to the identity and continuity of indigenous ways of life. Accordingly, the State shall ensure that the rights of Indigenous Peoples to 3 their traditional cultural heritage are secured and respected, particularly against 4 misuse, misappropriation, and commodification. This includes the application of 5 traditional forms of intellectual property rights such as moral rights, copyright, and 6 royalty-based mechanisms rooted in communal ownership and customary law.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall

8 be defined as follows: a. Communal ownership shall refer to the common, collective, or communal right of possession, control, and stewardship over traditional cultural property as recognized under customary law, including the right to exclude unauthorized use, to authorize adaptations, and to receive recognition and compensation. Such ownership may be perpetual, non-transferable outside the community, and governed by traditional governance mechanisms; b. Community shall refer to the congregation of people with social cohesion and identity organized among common values interacting with intimacy and reciprocity in a shared circumscribed location in units larger than a household; and has more similarities in the types and forms of their material goods; c. Craft describes the family of artistic practices within the decorative arts, traditional, is defined by their relationship to functional or utilitarian products (such as sculptural forms in the vessel tradition) or by their use of such natural media as wood, clay, glass, textiles, and metal; d. Cultural agencies shall refer to the following national government agencies with their specific areas of responsibility: National Museum (cultural property); National Library (books); National Historical Institute (Philippine history); National Archives (documents); Cultural Center of the Philippines (culture and arts); Komisyon sa Wikang Filipino (language);

e. Cultural heritage shall refer to the totality of cultural property preserved and developed through time and passed on to posterity; f. Cultural property shall refer to all products of human creativity by which a people and a nation reveal their identity, including churches. Mosques, and other places of religious worship, schools, and natural history specimens and sites, whether public or privately owned, movable or immovable, and tangible or intangible; 9. Derivative work is one that is primarily a new work but incorporated some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself. Titles, short phrases, and format, for example, are not copyrightable; h. Intangible cultural heritage shall refer to the practices, representations, expressions, knowledge, skills as well as instruments, objects, and artifacts associated therewith, that communities, groups, and individuals recognize as part of their cultural heritage, such as (1) oral traditions, languages, expressions; (2) performing acts; (3) social practices, rituals, and festive events; (4) knowledge and practices concerning nature and the universe; and (5) traditional craftsmanship; i. Indigenous peoples shall refer to people, communities, and nations who claim a historical continuity affinity with societies endemic to their original territories. They have historically formed and are still currently forming the minority/non-dominant sectors within majority- culture societies and are intentioned towards preserving, reviving, and enhancing the efficacy, cohesion, and uniqueness of their

traditional social values and customary ties along with a conscientious effort to transmit this knowledge to future generations; j. Intangible cultural property shall refer to the people's learned processes along with the knowledge, skills, and creativity that inform and are developed by them, the products they create, and the resources, spaces, and other aspects of social and natural context necessary for their sustainability; k. Tangible cultural property shall refer to a cultural property with historical, archival, anthropological, archeological, artistic, and architectural value, and with exceptional or traditional production, whether of Philippine origin or not, including antiques and natural history specimens with significant value; I. Tradition shall refer to the beliefs, customs, practices, industries, expressions, whether tangible or intangible, maintained and Shared differentially by society, and handed down from generation to generation. Tradition in this respect is a continuum that changes and may arise in time shall not, therefore, be subject to time limitation; m. Registry shall refer to the Philippine Registry of Cultural Property which is the registry of all cultural property of the country deemed of significant importance to our cultural heritage as defined in RA 10066; n. Rites shall refer to formal or ceremonial acts or procedures prescribed or customary in religious or other solemn use, or a particular form of system of religious or other ceremonies; 0. Rituals shall refer to an established or prescribed procedure for a religious or other rite, a system or collection of religious or other rites; observance of set forms in public worship; a prescribed or established rite, ceremony, proceeding, or service: the ritual of the dead; prescribed, established or ceremonial acts or features collectively, as in religious services; any practice or pattern of behavior regulating social conduct;

p. Royalty shall refer to the payment to the holder of a patent or copyright or resource for the right to use of their property; q. Social process shall refer to the means by which culture and social organization change or are preserved due to process of practice; r. Oral expression shall refer to the expression uttered by the mouth, spoken, oral testimony or transmitted by speech; 5. Performance shall refer to the acting out of a ceremony, play, piece of music, etc., the execution or accomplishment of work acts, feats, etc., a particular action, deed, or proceeding the manner in which or the efficiency with which something reacts or fulfills its intended purpose, and not necessarily as part of the social process; and t. Ownership shall refer to the legal right of possession or proprietorship; the state, relation, or fact of being an owner; also, the rights or interests of an owner, ownership especially by a single person that is free of any encumbrances or limitations other than statutory.

Sec. 4. Implementing Agency. - The National Commission for Culture and the

Arts (NCCA), hereinafter referred to as the Commission, shall implement the provisions of this Act. The Commission shall work in close coordination with the National Commission for Indigenous Peoples (NCIP), which shall serve as the lead agency in matters specifically involving Indigenous Peoples, especially where customary law or ancestral domain is involved. The Commission shall likewise coordinate with the Intellectual Property Office of the Philippines (IPOPHL) for matters involving intellectual property 25 systems, registration protocols, and enforcement mechanisms, where applicable.

Sec. 5. Period of Ownership. - Traditional cultural property, whether tangible

27 or intangible, of all the ethnolinguistic groups that make up the people of the Philippines shall not lapse into the public domain after fifty (50) years from creation and shall continue indefinitely to be exclusive property of these ethnolinguistic groups that communally own them. Traditional heritage, both tangible and intangible, are to be held in perpetuity in ethnic memory and considered valid as ethnic intellectual 32 property.

Sec. 6. Inventory and Registration of Cultural Properties. - Under the guidance

2 of the Commission and the National Museum (NM), or any other pertinent national 3 cultural agency, the Local Government Units (LGUs) with the assistance of the NCIP 4 shall organize inventories of cultural properties of the different ethnolinguistic groups 5 of the Philippines that are distinctive, characteristic of or derived from their particular 6 traditional culture, to the exclusion of those of others and shall submit these to the 7 Commission through the National Museum to establish communal ownership, and to 8 be registered under the group's name for protection within existing copyright laws. In organizing inventories, the Commission and partner agencies shall ensure 10 meaningful participation of elders, cultural bearers, and community representatives in the documentation, classification, and ownership validation processes. Customary decision-making structures shall be recognized. Further that these registries of the tangible and intangible cultural properties thus accomplished shall be incorporated in the Philippines Registry of Cultural Property 15 (PRECUP) as established by Republic Act 10066 and administered by the Commission.

Sec. 7. Retention of Original Rights of Ownership. - The communal ownership

17 of Indigenous Peoples and ethnolinguistic communities over their traditional cultural property, whether tangible or intangible, shall subsist notwithstanding the evolution or adaptation of such property over time. The changing or dynamic nature of tradition, as defined in this Act, shall not be construed to extinguish, limit, or transfer the original rights of ownership or moral claims vested in the originating community. Any transformation, adaptation, or derivative work arising from such tradition shall remain subject to the intellectual property rights of the Indigenous Peoples concerned, unless expressly waived in accordance with their customary law.

Sec. 8. Derivative Work. - The infusion of personal or individual variations on

27 a traditional object would result in a derivative work or craft, which is one that is primarily a new work but incorporates some previously established material. A derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes 31 or additions of little substance to a pre-existing work will not qualify the work as a

1 new version for copyright purposes. The new material must be original and 2 copyrightable in itself.

Sec. 9. Term of Rights. - The collective moral and cultural rights of Indigenous

4 Peoples over their traditional cultural expressions, traditional knowledge, and cultural 5 property shall be recognized as perpetual and inalienable, in accordance with 6 customary law and the principles of cultural integrity. However, the economic or commercial rights granted under this Act for non- 8 sacred, tangible traditional cultural expressions may be deemed waived or lapse into 9 the public domain if such expressions have not been reproduced, transmitted, or used 10 in any meaningful cultural or community context for at least fifty (50) years, as determined in accordance with the rules and procedures set forth in the Implementing Rules and Regulations.

Sec. 10. Creation of an Office. - Pursuant to the above, the Commission will

create an office within its structure to coordinate all efforts of government and private agencies that have forms of tangible and intangible cultural heritage in making the above-mentioned registry; and to undertake the safeguarding of national cultural heritage stipulated therein that are viable.

Sec. 11. Reorganization. - With the approval of the Board, the Commission

shall have the authority to reorganize its structure and staffing pattern in order to carry out its functions. The incumbents in the leadership structure of the existing Commission shall automatically be upgraded to these analogous positions, with respect to the rest of the personnel.

Sec. 12. Deposit and Notice. - Moral rights would vest upon creation; hence,

authorship would have to be established to avail of moral rights such as right of attribution. Moral rights to ownership of newly created items by members of an ethnolinguistic group should be registered with the Commission for protection under copyright law. Copyright vests from the moment of creation; and registration is one of the ways to prove authorship, although it is not exclusive. a. The Commission through the relevant government cultural agency, shall assist in identifying works and attributing authorship, and further shall be responsible for maintaining and populating this registry;

b. The Commission shall assist the claimants and relevant government agencies in resolving conflicts of ownership and attribution who will give permission to people who wish to use the work upon discovery of the same in the database; and c. The Commission shall assist relevant government agencies in the prosecution of unauthorized use of intellectual property of indigenous peoples.

Sec. 13. Free, Prior, and Informed Consent. - The free, prior, and informed

9 consent of Indigenous Peoples shall be required for the use, reproduction, adaptation, or commercialization of their traditional cultural property or associated intellectual property. Such consent shall be obtained before the commencement of any activity, and only from the recognized authority of the concerned ethnolinguistic group, as determined through their customary governance systems and validated by the NCIP. The recognized authority shall be supported, where necessary, by cultural experts, and may be assisted by the corresponding elected local official, provided that the process respects and preserves the community's autonomous cultural decision- making. The Commission shall formulate guidelines for FPIC procedures under this Act in coordination with the concerned Indigenous Peoples and the NCIP. These guidelines shall ensure transparency, recordkeeping, and the protection of community integrity. Notwithstanding the foregoing, FPIC shall not be required for the non- commercial use of traditional cultural property in the following circumstances, provided such use is conducted with respect and proper attribution: a) Educational and academic use, including by students, teachers, and researchers for instructional, research, or scholarly purposes; b) Cultural promotion and awareness, such as exhibitions, publications, or public presentations by museums, schools, or cultural institutions, where the intent is not to profit or exploit; c) Government cultural programs, organized in coordination with the concerned ICC/IP and intended solely to promote inclusive national heritage; d) Religious or traditional observances performed by the community or its members.

These permitted uses shall not apply to traditional cultural properties that have 2 been formally classified as sacred or restricted by the originating Indigenous Peoples. 3 The NCIP, in consultation with concerned communities, may consider adopting and 4 maintaining a list of such sacred or restricted properties as part of the Implementing 5 Rules and Regulations of this Act. Any digital reproduction, artificial intelligence (AI)-generated use, or 7 distribution of traditional cultural property shall be subject to the same requirements 8 of FPIC, attribution, and royalty as physical or analog use. The Commission, in 9 coordination with the Department of Information and Communications Technology (DICT) and NCIP, shall develop digital safeguards and enforcement protocols, which shall include protocols for the takedown of unauthorized content from online 12 platforms.

Sec. 14. Designation of Society. - Indigenous communal copyright (intellectual

property) owners may designate a society with legal personality to act on their behalf to enforce their economic and moral rights.

Sec. 15. Royalties. - Indigenous communal copyright (intellectual property)

owners shall be compensated for the use of their work. The amount, process of collecting, and distributing this royalty and other pertinent details will be determined by the Commission.

Sec. 16. Appropriations. - For the initial implementation of this Act, the amount

of Fifty Million Pesos (Php 50,000,000.00) is hereby appropriated and shall be sourced from the President's Contingent Fund.

Sec. 17. Implementing Rules and Regulations. - The Commission, in

consultation with other relevant cultural agencies mentioned in this Act, shall promulgate the implementing rules and regulations within ninety (90) days after the effectivity of this Act. A review of the implementation of this Act shall be conducted by the Commission, in consultation with Indigenous Peoples, civil society, and academic institutions, every five (5) years from its effectivity. The review shall assess the law's impact on cultural vitality, legal protection, and access, and recommend any needed amendments.

Sec. 18. Penalties. - In addition to the penalties under existing laws, any person

2 found guilty of violating any provisions of this Act shall be imprisoned for a term not exceeding ten (10) years or a fine not exceeding One Hundred Thousand Pesos (Php 4 100,000.00) or both such imprisonment and fine at the discretion of the court.

Sec. 19. Repealing Clause. - The provisions of Philippine copyright law and

6 other related laws to the extent that they are inconsistent with this Act are hereby 7 repealed or amended accordingly.

Sec. 20. Separability Clause. - If, for any reason, any part or provision of this

9 Act is declared invalid or unconstitutional, the parts or provisions not affected thereby 10 shall remain in full force and effect.

Sec. 21. Effectivity Clause. - This Act shall take effect fifteen (15) days

following its publication in the Official Gazette or in two (2) newspapers of general circulation, whichever comes first. Approved,