Ipra &nipas

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Any person who commits violation of any of the provisions of this Act, such as, but not limited to, authorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the ICCs/IPs concerned:

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Section 72. Punishable Acts and Applicable Penalties.

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Section 72

In which case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than ___ or a fine not less than ___ or both such fine and imprisonment upon the discretion of the court.

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nine (9) months but not more than twelve (12) years

One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000)

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If the offender is a juridical person, all officers such as, but not limited to, its president, manager, or head of office responsible for their unlawful act shall be criminally liable therefor, in addition to the cancellation of certificates of their registration and/or license: Provided, That if the offender is a public official, the penalty shall include perpetual disqualification to hold public office.

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Section 73. Persons Subject to Punishment. -

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- Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually

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Ancestral Domains

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- Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest,

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Ancestral Lands

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refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law;

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Certificate of Ancestral Domain Title -

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refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territoryf)

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Communal Claims -

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as used in this Act shall mean the consensus of all members of the ICCs/IPs to; be determined in accordance with their respective customary laws and practices, free from any external manipulation,

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g) Free and Prior Informed Consent

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- refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs;

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Customary Laws

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refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands;

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Certificate of Ancestral Lands Title -

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refer to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed custom

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Indigenous Cultural Communities/Indigenous Peoples -

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refer to organizational and cultural leadership systems, institutions, relationships, patterns and processed for decision-making and participation, identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holder, or any other tribunal or body of similar nature

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Indigenous Political Structure

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refers to a private, nonprofit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs and has an established track record for effectiveness and acceptability in the community where it serves;

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Nongovernment Organization -

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- refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.

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Time Immemorial -

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refer to the rights of ICCs/IPs to sustainably use,manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs, systems and practices; and

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Sustainable Traditional Resource Rights -

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- refers to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs;o)

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People's Organization

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refer to claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots;k)

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Individual Claims -

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- refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest;

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Native Title

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refers to the office created under this Act, which shall be under the Office of the President, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;

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National Commission on Indigenous Peoples (NCIP)

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- refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.

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p) Time Immemorial

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AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLE, CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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Republic Act No. 8371

October 29, 1997

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This Act shall be known as "The Indigenous Peoples Rights Act of 1997."

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Ra 8371

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Is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible;

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National Integrated Protected Areas System (NIPAS)"

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refers to the multitude of material and nonmaterial provisions and benefits from healthy ecosystems necessary for human sustenance, well-being, and survival including support processes, provisioning and environment regulating services, and cultural resource preservation services;

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Ecosystem goods and services

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refers to the establishment of the boundaries of protected areas and their buffer zones using visible markers, monuments, buoys in case of marine areas, and known natural features and landmarks, among others, as a result of the actual ground delineation;

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Demarcation

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refers to the actual ground survey of the boundaries of protected areas and their buffer zones and management and management zones using the global positioning system (GPS) or other applicable survey instruments and technologies, with the intention of producing a map of the area;"(h)

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Delineation

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refers to every kind of vessel, including motorized or nonmotorized vehicles, nondisplacement crafts and seaplanes that are used or may be used as a means of transportation on land or water. It shall include everything found therein except personal effects;"

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Conveyance

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(d) refers to parts taken or substances extracted from wildlife, in raw or in processed form

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By-products or Derivatives

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;"(e) refers to the act of gathering or harvesting wildlife and its by-products or derivatives;

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Collecting

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refers to the research, collection, and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom solely for commercial purposes;

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Bioprospecting

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refers to the species or subspecies of flora and fauna which are naturally occurring and found within specific areas in the country;"

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Endemic species

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refers to identified areas outside the boundaries of and immediately adjacent to designated protected areas that need special development control in order to avoid or minimize harm to the protected area;"

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Buffer zones

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refers to the slash-and-burn cultivation of vegetated land in a protected area, whether occupied or not, shifting and permanent with little or no provision to prevent soil erosion;

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Kaingin

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refers to species introduced deliberately or unintentionally outside their natural habitats where they have the ability to establish themselves, invade, outcompete native species, and take over the new environment

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Invasive alien species

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refers to the special account established for the purpose of financing projects of the NIPAS and individual protected areas;

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Integrated Protected Area Fund

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refers to a group of people sharing common bonds of language, customs traditions, and other distinctive cultural traits, and who have, since time immemorial occupied, possessed and utilized a territory;"

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Indigenous Cultural Community (ICC)/Indigenous People (IP)

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refer to the species or subspecies of flora and fauna which do not naturally occur within the protected area at present or in historical time;

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Exotic species

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refers to any living organism that possesses a novel combination of genetic material through the use of modern biotechnology

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Genitically modified organism (GMO)

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refers to the killing or catching of wild fauna for food and recreational purposes, with the use of weapons such as guns, bow and arrow, spears, traps and snares, and the like;"

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Hunting

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" refers to the act of searching or prospecting for mineral resources, as defines by law, by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling, or any other means, for the purpose of determining the existence, extent, quantity, and quality of resources in an area, and the feasibility of utilizing these resources for profit;

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Exploration

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refers to any instrument or device and its accessories utilized in taking, catching gathering , killing, hunting, destroying, disturbing, removing, or possessing resources within the protected area;

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Gear

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refers to the area where settlement, traditional and sustainable land use including agriculture, agroforestry, extraction activities, and income generating or livelihood activities, and may be allowed to the extent prescribed in the protected area management plan;

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Multiple-use zone

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refers to a continuous stay of individuals or groups within a protected area, whether residing or engaging in the cultivation of land or fishing for more that twenty-four (24) hours;

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Occupying

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refers to a relatively large area not materially altered by human activity where extractive resources uses not allowed and is maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational, recreational use;

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Natural park

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refers to a relatively small area focused on the protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics;

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Natural monument

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refers to an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace;"

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Natural biotic area

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refers to the lands of the public domain classified as such in the Constitution which include all areas under the NIPAS pursuant to this Act, primarily designated for the conservation of native plants and animals, their associated habitats and cultural diversity

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National park

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refers to the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible;"

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National Integrated Protected Areas System (NIPAS)

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refers to gathering, collecting, or possessing products or natural resources from the protected area by any individual person, corporation or entity whether local or foreign; in the case of marine protected areas, operating any foreign fishing vessels by any person, corporation , or entity without a permit;"

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Poaching

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refers to plants or animals declared protected under Philippine laws, rules, and regulations. These shall include all species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora and all its Annexes, the Convention on the Conservation of Migratory Species (CMS), those specified under the red-list categories of the International Union for Conservation of Nature and Natural Resources (DENR), PAMB or any government agency may deem necessary for conservation and preservation in the protected area;

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Protected species

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refer to areas of national significance which are charactertized by the harmanonious interaction of man and land and water while providing opportunities for public enjoyment through recreation, tourism, and other economic activities;

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Protected landscapes and/or seascapes

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refers to the trust fund maintained by any protected area and administered by the respective Protected Area Management Boards (PAMB) created pursuant to this Act representing the seventy-five percent (75%) of revenues generated from the protected area to sipport its operation and management;"(ee)

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Protected Area Retained Income Account

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refers to persons who are residing, utilizing, and cultivating areas within the protected area.1âwphi1 These include private owners, IPs, tenured migrants and informal settlers;"(dd) )

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Protected Area Occupants

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refers to identified portions of land and/or water set aside by reason of their unique physical and biological diversity and protected against destructive human exploitation;"

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Protected area

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refers to an extensive, relatively isolated, and uninhabited area which is difficult to access and is designated to protect the natural resources of the area for future use and prevent or contain development activities that could affect the resources, pending the establishment of sustainable resources utilization goals which are based upon appropriate information and planning;

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Resource reserve

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. - refers to an area which assures the natural conditions necessary to protect nationally significant species, group of species, biotic communities or physical features of the environment which may require specific human manipulations for their perpetuation.

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Wildlife Sanctuary

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refers to the wild forms and varieties of flora and fauna, in all developmental stages, including those who which are in capacity or are being bred, fed, or propagated; and

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Wildlife

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refers to wide variety of inland habitats such as marshes, peatlands, floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves, intertidal mudfats and seagrass beds, and also coral reefs and other marine areas no deeper than six (6) meters at low, as well as human-made wetlands such as dams, reservoirs, rice paddies and wastewater treatment ponds and lagoons;"

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Wetlands

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refer to species or subspecies considered critically endangered, vulnerable, or other accepted categories of wildlife whose population is at risk of extinction

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Threatened species

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refer to protected area occupants who have been actually, continuously and presently occupants who have been actually, continuously and presently occupying a portion of the protected area for five (5) years before the proclamation or law establishing the same as a protected area, and are solely dependent therein for subsistence;"(

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Tenure migrants

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refers to an area possessing some outstanding ecosystem, features, and species of flora and fauna of national scientific importance that should be maintained to protect and to preserve nature in its undisturbed state and to preserve nature in its undisturbed state and to preserve ecologically representative examples of the natural environment to ensure their availability for scientific study, environmental to ensure their availability for scientific study, environmental monitoring, education, and for the for the maintenance of genetic resources in a dynamic and evolutionary state;"

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Strict nature reserve

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refers to the trust fund deposited in the national treasury representing the twenty-five percent (25%) of the revenues generated from the operation of individual protected area and earmarked to support the NIPAS;"

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Special Account in the General Fund (SAGF)

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" is an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace;

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Natural biotic area"

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is a relatively small area focused on protection of small features to protect or preserve nationally significant natural features on account of their special interest or unique characteristics;

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Natural monuments"

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refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas;

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National park

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is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use

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Natural park"

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comprises an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulations for their perpetuation.

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Wildlife sanctuary"

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are communities within protected areas which have actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with this Act and are solely dependent therein for subsistence; and

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Tenured migrant communities

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is an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural resources of the area for future use and prevent or contain development activities that could affect the resource pending the establishment of objectives which are based upon appropriate knowledge and planning;

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Resource reserve

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are areas of national significance which are characterized by the harmonious interaction of man and land while providing opportunities for public enjoyment through the recreation and tourism within the normal lifestyle and economic activity of these areas;

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Protected landscapes/seascapes"

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Section 21: NIPAS

Whoever violates this Act or any rules and regulations issued by the Department pursuant to this Act or whoever is found guilty by a competent court of justice of any of the offenses in the preceding section shall be fined in the amount of not less than ____ exclusive of the value of the thing damaged or imprisonment for not less than one ___ or both, as determined by the court:

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Five thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000)

(1) year but not more than six (6) years,

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AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES

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REPUBLIC ACT NO. 7586

June 01 1992(Sgd.) CORAZON C. AQUINO