UDHR

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Republic Act No. 8371 October 29, 1997

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

Section 3. Definition of Terms. - For purposes of this Act, the following terms shall mean:

a) Ancestral Domains - 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 since time immemorial, continuously to the present
except when interrupted by war, force majeure or displacement by force, deceit, stealth or as
a consequence of government projects or any other voluntary dealings entered into by
government and private individuals, corporations, and which are necessary to ensure their
economic, social and cultural welfare. It shall include ancestral land, forests, pasture,
residential, agricultural, and other lands individually owned whether alienable and disposable
or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and
other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs
but from which their traditionally had access to for their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;

b) Ancestral Lands - 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, under claims of
individual or traditional group ownership,continuously, to the present except when interrupted
by war, force majeure or displacement by force, deceit, stealth, or as a consequence of
government projects and other voluntary dealings entered into by government and private
individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies,
private forests, swidden farms and tree lots;
c) Certificate of Ancestral Domain Title - 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;

d) Certificate of Ancestral Lands Title - refers to a title formally recognizing the rights of
ICCs/IPs over their ancestral lands;

e) Communal Claims - refer to claims on land, resources and rights thereon, belonging to the
whole community within a defined territory

f) Customary Laws - 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;

g) Free and Prior Informed Consent - 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, interference and coercion, and
obtained after fully disclosing the intent and scope of the activity, in a language an process
understandable to the community;

h) Indigenous Cultural Communities/Indigenous Peoples - 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
customs, tradition and other distinctive cultural traits, or who have, through resistance to
political, social and cultural inroads of colonization, non-indigenous religions and culture,
became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise
include peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the country, at the time of conquest or colonization, or at the
time of inroads of non-indigenous religions and cultures, or the establishment of present
state boundaries, who retain some or all of their own social, economic, cultural and political
institutions, but who may have been displaced from their traditional domains or who may
have resettled outside their ancestral domains;

i) Indigenous Political Structure - 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;

j) Individual Claims - 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) National Commission on Indigenous Peoples (NCIP) - 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;

l) Native Title - 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;
 m) Nongovernment Organization - 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;

n) People's Organization - refers to a private, nonprofit voluntary organization of members of

an ICC/IP which is accepted as representative of such ICCs/IPs;

o) Sustainable Traditional Resource Rights - 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

p) Time Immemorial - 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.

Section 5. Indigenous Concept of Ownership. - Indigenous concept of ownership sustains the

view that ancestral domains and all resources found therein shall serve as the material bases of their
cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are
the ICC's/IP's private but community property which belongs to all generations and therefore cannot
be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.

Section 7. Rights to Ancestral Domains. - The rights of ownership and possession of ICCs/IPs t
their ancestral domains shall be recognized and protected. Such rights shall include:

a. Rights of Ownership.- The right to claim ownership over lands, bodies of water traditionally
and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds,
and all improvements made by them at any time within the domains;

b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to
develop, control and use lands and territories traditionally occupied, owned, or used; to
manage and conserve natural resources within the territories and uphold the responsibilities
for future generations; to benefit and share the profits from allocation and utilization of the
natural resources found therein; the right to negotiate the terms and conditions for the
exploration of natural resources in the areas for the purpose of ensuring ecological,
environmental protection and the conservation measures, pursuant to national and
customary laws; the right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or impact upon the
ancestral domains and to receive just and fair compensation for any damages which they
sustain as a result of the project; and the right to effective measures by the government to
prevent any interfere with, alienation and encroachment upon these rights;

c. Right to Stay in the Territories- The right to stay in the territory and not be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor
through any means other than eminent domain. Where relocation is considered necessary
as an exceptional measure, such relocation shall take place only with the free and prior
informed consent of the ICCs/IPs concerned and whenever possible, they shall be
guaranteed the right to return to their ancestral domains, as soon as the grounds for
relocation cease to exist. When such return is not possible, as determined by agreement or
 through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands
of quality and legal status at least equal to that of the land previously occupied by them,
suitable to provide for their present needs and future development. Persons thus relocated
shall likewise be fully compensated for any resulting loss or injury;

d. Right in Case of Displacement. - In case displacement occurs as a result of natural

catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas
where they can have temporary life support system: Provided, That the displaced ICCs/IPs
shall have the right to return to their abandoned lands until such time that the normalcy and
safety of such lands shall be determined: Provided, further, That should their ancestral
domain cease to exist and normalcy and safety of the previous settlements are not possible,
displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been
resettled: Provided, furthermore, That basic services and livelihood shall be provided to them
to ensure that their needs are adequately addressed:

e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant settlers and
organizations into the domains;

f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have access
to integrated systems for the management of their inland waters and air space;

g. Right to Claim Parts of Reservations. - The right to claim parts of the ancestral domains
which have been reserved for various purposes, except those reserved and intended for
common and public welfare and service; and

h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance with customary
laws of the area where the land is located, and only in default thereof shall the complaints be
submitted to amicable settlement and to the Courts of Justice whenever necessary.

Section 8. Rights to Ancestral Lands. - The right of ownership and possession of the ICCs/IPs, to
their ancestral lands shall be recognized and protected.

a. Right to transfer land/property. - Such right shall include the right to transfer land or
property rights to/among members of the same ICCs/IPs, subject to customary laws and
traditions of the community concerned.

b. Right to Redemption. - In cases where it is shown that the transfer of land/property rights
by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted
by the vitiated consent of the ICCs/IPs,or is transferred for an unconscionable consideration
or price, the transferor ICC/IP shall have the right to redeem the same within a period not
exceeding fifteen (15) years from the date of transfer.

Batas Pambansa Bilang 68

THE CORPORATION CODE OF THE PHILIPPINES

Section 2. Corporation defined. A corporation is an artificial being created by operation of law,

having the right of succession and the powers, attributes and properties expressly authorized by law
or incident to its existence. (2)
Section 3. Classes of corporations. Corporations formed or organized under this Code may be
stock or non-stock corporations. Corporations which have capital stock divided into shares and are
authorized to distribute to the holders of such shares dividends or allotments of the surplus profits on
the basis of the shares held are stock corporations. All other corporations are non-stock
corporations. (3a)

TITLE IV
POWERS OF CORPORATIONS

Section 36. Corporate powers and capacity. Every corporation incorporated under this Code has
the power and capacity:

1. To sue and be sued in its corporate name;

2. Of succession by its corporate name for the period of time stated in the articles of
incorporation and the certificate of incorporation;

3. To adopt and use a corporate seal;

4. To amend its articles of incorporation in accordance with the provisions of this Code;

5. To adopt by-laws, not contrary to law, morals, or public policy, and to amend or repeal the
same in accordance with this Code;

6. In case of stock corporations, to issue or sell stocks to subscribers and to sell stocks to
subscribers and to sell treasury stocks in accordance with the provisions of this Code; and to
admit members to the corporation if it be a non-stock corporation;

7. To purchase, receive, take or grant, hold, convey, sell, lease, pledge, mortgage and
otherwise deal with such real and personal property, including securities and bonds of other
corporations, as the transaction of the lawful business of the corporation may reasonably and
necessarily require, subject to the limitations prescribed by law and the Constitution;

8. To enter into merger or consolidation with other corporations as provided in this Code;

9. To make reasonable donations, including those for the public welfare or for hospital,
charitable, cultural, scientific, civic, or similar purposes: Provided, That no corporation,
domestic or foreign, shall give donations in aid of any political party or candidate or for
purposes of partisan political activity;

10. To establish pension, retirement, and other plans for the benefit of its directors, trustees,
officers and employees; and

11. To exercise such other powers as may be essential or necessary to carry out its purpose
or purposes as stated in the articles of incorporation. (13a)

CHAPTER II
RELIGIOUS CORPORATIONS

Section 109. Classes of religious corporations. Religious corporations may be incorporated by one
or more persons. Such corporations may be classified into corporations sole and religious societies.
Religious corporations shall be governed by this Chapter and by the general provisions on non-stock
corporations insofar as they may be applicable. (n)

Republic Act No. 6938 March 10, 1990

AN ACT TO ORDAIN A COOPERATIVE CODE OF THE PHILIPPINES

Section 3. General Concepts. - A cooperative is a duly registered association of persons, with a

common bond of interest, who have voluntarily joined together to achieve a lawful common social or
economic end, making equitable contributions to the capital required and accepting a fair share of
the risks and benefits of the undertaking in accordance with universally accepted cooperative
principles.

HAPTER II
ORGANIZATION AND REGISTRATION

Section 6. Organization of Cooperatives. A Cooperative may be organized and registered by at

least fifteen (15) persons for any or all of the following purposes:

(1) To encourage thrift and savings mobilization among the members;

(2) To generate funds and extend credit to the members for productive and provident
purposes;

(3) To encourage among members systematic production and marketing;

(4) To provide goods and services and other requirements to the members;

(5) To develop expertise and skills among its members;

(6) To acquire lands and provide housing benefits for the members;

(7) To insure against losses of the members;

(8) To promote and advance the economic, social and educational status of the members;

(9) To establish, own, lease or operate cooperative banks, cooperative wholesale and retail
complexes, insurance and agricultural/industrial processing enterprises, and public markets;

(10) To coordinate and facilitate the activities of cooperatives; and

(11) To undertake any and all other activities for the effective and efficient implementation of
the provisions of this Code.
Section 9. Cooperative Powers and Capacities. - A cooperative registered under this Code shall
have the following powers and capacities:

(1) To sue and be sued in its cooperative name;

(2) Of succession;

(3) To amend its articles of cooperation in accordance with the provisions of this code;

(4) To adopt by-laws not contrary to law, morals or public policy, and to amend and repeal
the same in accordance with this Code;

(5) To purchase, receive, take or grant, hold, convey, sell, lease, pledge, mortgage, and
otherwise deal with such real and personal property as the transaction of the lawful affairs of
the cooperative may reasonably and necessarily require, subject to the limitations prescribed
by law and the Constitution;

(6) To enter into division, merger or consolidation, as provided in this Code;

(7) To join federations or unions, as provided in this Code;

(8) To accept and receive grants, donations and assistance from foreign and domestic
sources; and

(9) To exercise such other powers granted in this Code or necessary to carry out its purpose
or purposes as stated in its articles of cooperation.

LGC

SECTION 17. Basic Services and Facilities.

(b) Such basic services and facilities include, but are not limited to, the following:

(2) For a municipality:

(ii) Pursuant to national policies and subject to supervision, control and review of the DENR,
implementation of community-based forestry projects which include integrated social forestry
programs and similar projects; management and control of communal forests with an area not
exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar
forest development projects;

SECTION 18. Power to Generate and Apply Resources.

Local government units shall have the power and authority to establish an organization that shall be
responsible for the efficient and effective implementation of their development plans, program
objectives and priorities; to create their own sources of revenue and to levy taxes, fees, and charges
which shall accrue exclusively for their use and disposition and which shall be retained by them; to have
a just share in national taxes which shall be automatically and directly released to them without need of
any further action; to have an equitable share in the proceeds from the utilization and development of
the national wealth and resources within their respective territorial jurisdictions including sharing the
same with the inhabitants by way of direct benefits; to acquire, develop, lease, encumber, alienate, or
otherwise dispose of real or personal property held by them in their proprietary capacity and to apply
their resources and assets for productive, developmental, or welfare purposes, in the exercise or
furtherance of their governmental or proprietary powers and functions and thereby ensure their
development into self-reliant communities and active participants in the attainment of national goals.

SECTION 19. Eminent Domain.

A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise
the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the
landless, upon payment of just compensation, pursuant to the provisions of the Constitution and
pertinent laws: Provided, however, That the power of eminent domain may not be exercised unless a
valid and definite offer has been previously made to the owner, and such offer was not accepted:
Provided, further, That the local government unit may immediately take possession of the property
upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value of the property based on the current tax declaration
of the property to be expropriated: Provided, finally, That, the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair market value at the time of the
taking of the property.

SECTION 21. Closure and Opening of Roads.

(a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open
any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of
permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of
the Sanggunian, and when necessary, an adequate substitute for the public facility that is subject to
closure is provided.

(b) No such way or place or any part thereof shall be permanently closed without making provisions for
the maintenance of public safety therein. A property thus permanently withdrawn from public use may
be used or conveyed for any purpose for which other real property belonging to the local government
unit concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be
closed permanently without provision for its transfer or relocation to a new site.

(c) Any national or local road, alley, park, or square may be temporarily closed during an actual
emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of
public works and highways, telecommunications, and waterworks projects, the duration of which shall
be specified by the local chief executive concerned in a written order: Provided, however, That no
national or local road, alley, park, or square shall set temporarily closed for athletic, cultural, or civic
activities not officially sponsored, recognized, or approved by the local government unit concerned.
(d) Any city, municipality, or Barangay may, by a duly enacted close and regulate the use of any local
ordinance, temporarily street, road, thoroughfare, or any other public place where shopping malls,
Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise,
foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.

SECTION 22. Corporate Powers.

(a) Every local government unit, as a corporation, shall have the following powers:

(1) To have continuous succession in its corporate name;

(2) To sue and be sued;

(3) To have and use a corporate seal;

(4) To acquire and convey real or personal property;

(5) To enter into contracts; and

(6) To exercise such other powers as are granted to corporations, subject to the limitations
provided in this Code and other laws.

(b) Local government units may continue using, modify, or change their existing corporate seals:
Provided, That newly established local government units or those without corporate seals may create
their own corporate seals which shall be registered with the Department of the Interior and Local
Government: Provided, further, That any change of corporate seal shall also be registered as provided
herein.

(c) Unless otherwise provided in this Code, contract may be entered into by the local chief executive in
behalf of the local government unit without prior authorization by the Sanggunian concerned. A legible
copy of such contract shall be posted at a conspicuous place in the provincial capitol or the city,
municipal or Barangay hall.

(d) Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in
the management of their economic enterprises, subject to the limitations provided in this Code and
other applicable laws.

SECTION 89. Prohibited Business and Pecuniary Interest.

(a) It shall be unlawful for any local government official or employee, directly or indirectly, to:

(1) Engage in any business transaction with the local government unit in which he is an official or
employee or over which he has the power of supervision, or with any of its authorized boards, officials,
agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be
transferred, directly or indirectly, out of the resources of the local government unit to such person or
firm;
 (2) Hold such interests in any cockpit or other games licensed by a local government unit.

(3) Purchase any real estate or other property forfeited in favor of such local government unit
for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local
government unit.

(4) Be a surety for any person contracting or doing business with the local government unit for
which a surety is required; and

(5) Possess or use any public property of the local government unit for private purposes.

(b) All other prohibitions governing the conduct of national public officers relating to prohibited
business and pecuniary interest so provided for under Republic Act Numbered Sixty-seven thirteen (R. A.
No. 6713) otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and
Employees" and other laws shall also be applicable to local government officials and employees.

Section 447. Powers, Duties, Functions and Compensation. -

(a) The sangguniang bayan, as the legislative body of the municipality, shall enact
ordinances, approve resolutions and appropriate funds for the general welfare of the
municipality and its inhabitants pursuant to Section 16 of this Code and in the proper
exercise of the corporate powers of the municipality as provided for under Section 22 of this
Code, and shall:

5) Approve ordinances which shall ensure the efficient and effective delivery of the
basic services and facilities as provided for under Section 17 of this Code, and in
addition to said services and facilities, shall:

(i) Provide for the establishment, maintenance, protection, and conservation

of communal forests and watersheds, tree parks, greenbelts, mangroves,
and other similar forest development projects;

Section 458. Powers, Duties, Functions and Compensation.

(a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the city and its
inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate
powers of the city as provided for under Section 22 of this Code, and shall:

(5) Approve ordinances which shall ensure the efficient and effective delivery of the
basic services and facilities as provided for under Section 17 of this Code, and in
addition to said services and facilities, shall:

(i) Provide for the establishment, maintenance, protection, and conservation

of communal forests and watersheds, tree parks, greenbelts, mangroves,
and other similar forest development projects;

BATAS PAMBANSA BLG. 68 THE CORPORATION CODE OF THE PHILIPPINES

Section 4. Corporations created by special laws or charters. - Corporations created by special laws or
charters shall be governed primarily by the provisions of the special law or charter creating them or
applicable to them, supplemented by the provisions of this Code, insofar as they are applicable. (n) TITLE
IV - POWERS OF CORPORATIONS

Section 36. Corporate powers and capacity.

Every corporation incorporated under this Code has the power and capacity:

1. To sue and be sued in its corporate name;

2. Of succession by its corporate name for the period of time stated in the articles of incorporation and
the certificate of incorporation;

3. To adopt and use a corporate seal;

4. To amend its articles of incorporation in accordance with the provisions of this Code;

5. To adopt by-laws, not contrary to law, morals, or public policy, and to amend or repeal the same in
accordance with this Code;

6. In case of stock corporations, to issue or sell stocks to subscribers and to sell stocks to subscribers and
to sell treasury stocks in accordance with the provisions of this Code; and to admit members to the
corporation if it be a non-stock corporation;

7. To purchase, receive, take or grant, hold, convey, sell, lease, pledge, mortgage and otherwise deal
with such real and personal property, including securities and bonds of other corporations, as the
transaction of the lawful business of the corporation may reasonably and necessarily require, subject to
the limitations prescribed by law and the Constitution;

8. To enter into merger or consolidation with other corporations as provided in this Code;

9. To make reasonable donations, including those for the public welfare or for hospital, charitable,
cultural, scientific, civic, or similar purposes: Provided, That no corporation, domestic or foreign, shall
give donations in aid of any political party or candidate or for purposes of partisan political activity;

10. To establish pension, retirement, and other plans for the benefit of its directors, trustees, officers
and employees; and

11. To exercise such other powers as may be essential or necessary to carry out its purpose or purposes
as stated in the articles of incorporation. (13a)