Amending R.A. No. 8371 (the Indigenous Peoples Rights Act)

Senate TWENTIETH CONGRESS OF THE Office of the specretary REPUBLIC OF THE PHILIPPINES First Regular Session P1:07 25 DEC -9 SENATE S. No. 1584 RECEIVED BY (In Substitution of S.B. Nos. 11 and 860) Prepared by the Committee on Cultural Communities and Muslim Affairs, with Senators Padilla, Ejercito Estrada, and Villanueva as authors thereof AN ACT AMENDING REPUBLIC ACT NO. 8371 OTHERWISE KNOWN AS "THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. A new Section 57-A shall be added to Republic Act No. 8371 otherwise

known as "The Indigenous Peoples Rights Act of 1997", to read as follows: "SEC. 57-A. SHARE OF THE INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS PEOPLES (ICCs/IPs). - ICCs/IPs SHALL BE ENTITLED TO A SHARE OF NOT LESS THAN FIVE PERCENT (5%) OF THE GROSS REVENUE OR TOTAL OUTPUT GENERATED FROM THE EXTRACTION, EXPLOITATION, DEVELOPMENT, OR UTILIZATION OF NATURAL RESOURCES, INCLUDING BUT NOT LIMITED TO NATURAL GAS, MINERAL, AND ENERGY PROJECTS, FOUND WITHIN THE TERRITORIES COVERED BY AN ANCESTRAL DOMAIN, OR WITHIN AREAS HELD UNDER A NATIVE TITLE IN THEIR FAVOR. THE PROFIT SHARE RECEIVED SHALL BE UTILIZED IN ACCORDANCE WITH THE APPROVED COMMUNITY DEVELOPMENT SCHEME, CONSISTENT WITH THE IDENTIFIED SOCIO-ECONOMIC NEEDS AND PRIORITIES OF THE CONCERNED ICCS/IPS, AS

FORMULATED AND APPROVED UNDER THE COMMUNITY DEVELOPMENT AND INVESTMENT PLAN OR ITS EQUIVALENT BY THE DULY RECOGNIZED IPMRS. SUCH UTILIZATION SHALL ENSURE THAT THE PROGRAMS AND PROJECTS DIRECTLY BENEFIT THE MEMBERS OF THE COMMUNITY. THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) SHALL PROVIDE TECHNICAL ASSISTANCE AND GUIDANCE TO THE ICCS/IPS IN DETERMINING, COMPUTING, AND ALLOCATING THEIR SHARE IN ACCORDANCE TO THIS ACT AND RELEVANT RULES AND REGULATIONS. THE NCIP SHALL OVERSEE AND MONITOR THE MANAGEMENT, DISBURSEMENT, AND UTILIZATION OF THE PROFIT SHARE RECEIVED BY THE ICCS/IPs, WITHOUT PREJUDICE TO THEIR RIGHT TO SELF-GOVERNANCE AND AUTONOMY."

Sec. 2. Rules and Regulations. - The NCIP, Department of Finance, Department

of the Interior and Local Government, and Department of Environment and Natural Resources shall, within thirty (30) days after the effectivity of this Act, promulgate the necessary rules and regulations for the effective implementation of this Act.

Sec. 3. Separability Clause. — If any provision of this Act shall be held

unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

Sec. 4. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Sec. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,