Sendi TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -4 P5:43 SENATE RECEIVED BY. S. No. 860 - Introduced by Senator Jinggoy Ejercito Estrada AN ACT AMENDING REPUBLIC ACT NO. 8371, OTHERWISE KNOWN AS "THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997" EXPLANATORY NOTE The Constitution guarantees the rights and welfare of the indigenous peoples. Article II, Section 22 provides that, "The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development." Moreover, Article XII, Section 5 states that, "The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being." Furthermore, Republic Act No. 8371 or "The Indigenous Peoples Rights Act of 1997" was enacted by the legislature in accordance with that constitutional mandate. Chapter III of IPRA explicitly secures their right to ancestral lands and ancestral domains, including right to claim ownership, right to stay in the territories, and right to develop lands and natural resources. While the latter provides that they have the right to benefit and share the profits from allocation and utilization of the natural resources found therein, the law fails to provide a fixed rate therefor, leaving the implementation to uncertain negotiations and terms of agreement.
This measure, prepared and reported out by the Senate Committee on Cultural Communities and Muslim Affairs during the 19th Congress, aims to respect and safeguard the rights of indigenous cultural communities and indigenous peoples (ICCs/IPs) to fair and equitable share from the use of valuable resources from areas under their possession, ownership and custody under a clear and stable framework enshrined as a national policy. The passage of this bill is hereby endorsed. JINGGOY EJERCITO ESTRADA
Brian Offer of ik. TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES AUG -4 P5:43 First Regular Session RECEIVED BY SENATE S. No. _ Introduced by Senator Jinggoy Ejercito Estrada 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 HAVE FIVE PERCENT (5% SHARE OF THE NET REVENUES GENERATED FROM THE EXPLORATION, DEVELOPMENT, AND UTILIZATION OF NATURAL RESOURCES, INCLUDING NATURAL GAS PROJECTS, FOUND WITHIN THE TERRITORIES COVERED BY A NATIVE, TRADITIONAL, OR CUSTOMARY TITLE IN THEIR FAVOR."
Sec. 2. 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. 3. Repealing Clause. - All laws, decrees, orders, issuances, rules and
regulations or parts thereof with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,