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INDIGENOUS PEOPLES 2009-2010 tribes customary law of the host tribe may be determined and an appropriate agreement drawn. - If the resettled area is a portion of public land or a private property, IPs may register their lands under the torrens system. SECTION 7 (E) – Right to regulate entry of migrants
IPs have the right to set up systems and processes to decide on whom to allow to live within their lands and to negotiate the terms of such stay.
Migrant- a person who is not a native of the ancestral domain or part owner of ancestral land but who, because of certain reasons, opted to occupy and utilize portions of the ancestral domains and have since established residence therein.
Migrants must secure express permission of the community’s council of elders/leaders who shall, in accordance with their customs, and upon free and prior informed consent, agree to accept such migrant subject to: - Migrants may perform activities as are expressly authorized and not inimical to the development of ancestral domains and cultural integrity of IPs - IPs maintain the right to impose penalties for violation of customs, IPRA or IRR
Is this a restriction on the freedom of movement? No. - Such right given to IPs, who are private property owners, are similar to the right of an owner under Civil Law.
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Watershed
SECTION 7 (F) – Right to Safe and Clean Air and Water
IPs retain the right to integrated systems the State may pr ovide to the public in general.
IPs also have the right to prevent any project or activity within the ancestral domain unless environmental concerns are addressed and their free and prior informed consent obtained.
SECTION 7 (G) – Right to claim part of reservations
Reservation- any tract of public domain proclaimed by the President of the Philippines for government use or any of its branches or instrumentalities or of inhabitants thereof, for public or quasi-public uses or purposes
Types:
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Civil Forest Military
ANDRES ATCHECO BAUTISTA CADIZ CASUELA ESCOSIA FORTEA GREGORIO SILVA SUMAGAYSAY VALDEZ / ATENEO LAW 3A 2011
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INDIGENOUS PEOPLES 2009-2010 f.
Right to lay claim on adjacent areas which may be proven to be part of the ancestral domain; g. Right to access and availment of technical, financial, and other form of assistance provided by the DENR. h. Right to claim ownership of all improvements made by them.
Rights over their ancestral lands: a. Right to peacefully occupy and cultivate the land, utilize the natural resources, subject to existing laws, rules and regulations applicable; b. Rights of the heirs to succeed to the claims; c. Rights to exclude any other person who does not belong to the family o r clan; and d. Right to utilize trees and other forest products inside the ancestral land.
The DAO 02-93 delegates to the ICCs/IPs the exclusive management over the ancestral domains and lands which have been delineated, requires the written consent of the ICCs/IPs prior to the implementation of any government programs by the DENR, and grants exclusive supervision and control over the management of their ancestral domains and the resources therein.
DAO 02-93 differs from IPRA in that it only protects the tenure of ICCs/IPs over their ancestral domains and lands.
The scope of the ancestral domain is limited to lands and natural resources which have been continuously occupied or possessed by the ICCs/IPs unless interrupted by war, force majeure, or displacement by force, deceit, or stealth. B. Delineation under other programs
The IPRA exempts from the requirement of undergoing the delineation process any ancestral domains and lands which were officially delineated under any other community/ancestral domain program prior to its enactment.
Examples: Certificates of Land Ownership Awards (CLOA) by DAR and Certificate of Stewardhip Contracts (CSC) by the DENR. III. EXISTING OR VESTED PROPERTY RIGHTS
Under Sec. 56, property right that were already existing and/or vested prior to IPRA are recognized and protected.
SEC 52(B). Petition for Delineation
ANDRES ATCHECO BAUTISTA CADIZ CASUELA ESCOSIA FORTEA GREGORIO SILVA SUMAGAYSAY VALDEZ / ATENEO LAW 3A 2011