Indigenous Peoples' Rights Act of 1997

Indigenous People's Rights Act of 1997 (IPRA) (RA 8371) is a legislation that recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples of the Philippines.

Year 1909, in the case of Carino vs. Insular Government, the court has recognized long occupancy of land by an indigenous member of the cultural communities as one of private ownership, which, in legal concept, is termed "native title". This case paved the way for the government to review the so-called "native title" or "private right." In the year 1919, the Second Public Land Act was enacted, recognizing the right of ownership of any native of the country who, since July 4, 1907, or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract of agricultural public land.

In 1936, Commonwealth Act No.141, amended by R.A. 3872 of 1964, was passed which provides that members of the national cultural minorities who have resided on agricultural, public land since July 4, 1955 are entitled to recognition of ownership whether or not the land has been certified as "disposable." They shall be conclusively presumed to have performed all conditions essential to a government grant and shall be entitled to a certificate of title.

In the 1970s, the laws protecting indigenous people's lands expanded to territorial and bigger domains. Under Bureau of Forestry Administrative Order No. 11 of 1970, all forest concessions were made subject to the private rights of cultural minorities within the area as evidenced by their occupation existing at the time a license is issued by the government. The Revised Forestry Code of 1975 (Presidential Decree 705 under President Marcos) defines this "private right" of as "places of abode and worship, burial grounds and old clearings."

In 1978, the Presidential Arm for National Minorities (PANAMIN) was authorized to design, implement and maintain settlements among the National Minorities. Prior to this, a Presidential Decree was issued in 1974, "declaring all agricultural lands occupied and cultivated by members of the national Cultural Communities since 1964 as alienable and disposable, except the islands of Panay and Negros and the provinces of Abra, Quezon, Benguet and Camarines which became effective on March 11, 1984."

The most recent laws before the Indigenous People's Rights Act of 1997 was passed which recognize the existence of ancestral land right are the Organic Act of Autonomous Region in Muslim Mindanao (RA 6734, 1989), and the Organic Act for the Cordillera Autonomous Region (RA 6766, 1989).

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