Philippine Indigenous Community Legal

Basis
REPUBLIC ACT NO. 8371

“The Indigenous Peoples’ Rights Act of 1997”

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL

COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS
PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

Definition of Terms

a) Ancestral Domains — 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, by 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 lands, 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
they 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 — 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 and 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 others, 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 and utilized such territories, sharing
common bonds of language, customs, traditions and other distinctive cultural traits, or who have,
through resistance to political, social and cultural inroads of colonization, non-indigenous religions and
cultures, 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 Structures — refer to organizational and cultural leadership systems,

institutions, relationships, patterns and processes for decision-making and participation, identified by
ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holders, 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.

FOUR BUNDLES OF RIGHTS UNDER REPUBLIC ACT 8371

1. Rights to ancestral domain (Sections 4 to 12)

2. Right to Self-Governance and Empowerment (Sections 13 to 20)

3. Social Justice and Human Rights (Sections 21 to 28)

4. Cultural Integrity (Sections 29 to 37)

Rights to Ancestral Domains

SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/domains shall include such

concepts of territories which cover not only the physical environment but the total environment
including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and
to which they have claims of ownership.

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 6. Composition of Ancestral Lands/Domains. — Ancestral lands and domains shall

consist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this
Act.

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

a) Right 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. — 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 may sustain as a result
of the project; and the right to effective measures by the government to prevent any interference with,
alienation and encroachment upon these rights;

c) Right to Stay in the Territories. — The right to stay in the territory and not to 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 systems: 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 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.

SECTION 9. Responsibilities of ICCs/IPs to their Ancestral Domains. — ICCs/IPs occupying a duly

certified ancestral domain shall have the following responsibilities:

a) Maintain Ecological Balance. — To preserve, restore, and maintain a balanced ecology in

the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves;

b) Restore Denuded Areas. — To actively initiate, undertake and participate in the

reforestation of denuded areas and other development programs and projects subject to just and
reasonable remuneration; and

c) Observe Laws. — To observe and comply with the provisions of this Act and the rules and
regulations for its effective implementation.

SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and unlawful intrusion upon,
or use of any portion of the ancestral domain, or any violation of the rights hereinbefore enumerated,
shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-
ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure
ownership, possession of land belonging to said ICCs/IPs.

SECTION 11. Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs to their ancestral
domains by virtue of Native Title shall be recognized and respected. Formal recognition, when solicited
by ICCs/IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall
recognize the title of the concerned ICCs/IPs over the territories identified and delineated.

SECTION 12. Option to Secure Certificate of Title Under Commonwealth Act 141, as
amended, or the Land Registration Act 496. — Individual members of cultural communities, with
respect to their individually-owned ancestral lands who, by themselves or through their predecessors-
in-interest, have been in continuous possession and occupation of the same in the concept of owner
since time immemorial or for a period of not less than thirty (30) years immediately preceding the
approval of this Act and uncontested by the members of the same ICCs/IPs shall have the option to
secure title to their ancestral lands under the provisions of Commonwealth Act 141, as amended, or the
Land Registration Act 496.

Right to Self-Governance and Empowerment

SECTION 13. Self-Governance. — The State recognizes the inherent right of ICCs/IPs to self-
governance and self-determination and respects the integrity of their values, practices and institutions.
Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and
cultural development.

SECTION 14. Support for Autonomous Regions. — The State shall continue to strengthen and
support the autonomous regions created under the Constitution as they may require or need. The State
shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras to
use the form and content of their ways of life as may be compatible with the fundamental rights
defined in the Constitution of the Republic of the Philippines and other internationally recognized
human rights.

SECTION 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes.
— The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict
resolution institutions, peace building processes or mechanisms and other customary laws and
practices within their respective communities and as may be compatible with the national legal system
and with internationally recognized human rights.
SECTION 16. Right to Participate in Decision-Making. — ICCs/IPs have the right to participate
fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives
and destinies through procedures determined by them as well as to maintain and develop their own
indigenous political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given
mandatory representation in policy-making bodies and other local legislative councils.

SECTION 17. Right to Determine and Decide Priorities for Development. — The ICCs/IPs shall
have the right to determine and decide their own priorities for development affecting their lives, beliefs,
institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the
formulation, implementation and evaluation of policies, plans and programs for national, regional and
local development which may directly affect them.

SECTION 18. Tribal Barangays. — The ICCs/IPs living in contiguous areas or communities where they
form the predominant population but which are located in municipalities, provinces or cities where they
do not constitute the majority of the population, may form or constitute a separate barangay in
accordance with the Local Government Code on the creation of tribal barangays.

SECTION 19. Role of Peoples Organizations. — The State shall recognize and respect the role of
independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and
collective interests and aspirations through peaceful and lawful means.

SECTION 20. Means for Development/Empowerment of ICCs/IPs. — The Government shall

establish the means for the full development/empowerment of the ICCs/IPs own institutions and
initiatives and, where necessary, provide the resources needed therefor.

Social Justice and Human Rights

SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. — Consistent with the equal
protection clause of the Constitution of the Republic of the Philippines, the Charter of the United
Nations, the Universal Declaration of Human Rights including the Convention on the Elimination of
Discrimination Against Women and International Human Rights Law, the State shall, with due
recognition of their distinct characteristics and identity, accord to the members of the ICCs/IPs the
rights, protections and privileges enjoyed by the rest of the citizenry. It shall extend to them the same
employment rights, opportunities, basic services, educational and other rights and privileges available
to every member of the society. Accordingly, the State shall likewise ensure that the employment of
any form of force or coercion against ICCs/IPs shall be dealt with by law.

SECTION 22. Rights During Armed Conflict. — ICCs/IPs have the right to special protection and
security in periods of armed conflict. The State shall observe international standards, in particular, the
Fourth Geneva Convention of 1949, for the protection of civilian populations in circumstances of
emergency and armed conflict, and shall not recruit members of the ICCs/IPs against their will into the
armed forces, and in particular, for use against other ICCs/IPs; nor recruit children of ICCs/IPs into the
armed forces under any circumstance; nor force indigenous individuals to abandon their lands,
territories and means of subsistence, or relocate them in special centers for military purposes under
any discriminatory condition.

SECTION 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment. —
It shall be the right of the ICCs/IPs to be free from any form of discrimination, with respect to
recruitment and conditions of employment, such that they may enjoy equal opportunities for admission
to employment, medical and social assistance, safety as well as other occupationally-related benefits,
informed of their rights under existing labor legislation and of means available to them for redress, not
subject to any coercive recruitment systems, including bonded labor and other forms of debt servitude;
and equal treatment in employment for men and women, including the protection from sexual
harassment.

SECTION 24. Unlawful Acts Pertaining to Employment. — It shall be unlawful for any person:

a) To discriminate against any ICC/IP with respect to the terms and conditions of employment on
account of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal
value; and

b) To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for
the purpose of preventing them from enjoying any of the rights or benefits provided under this Act.
SECTION 25. Basic Services. — The ICCs/IPs have the right to special measures for the immediate,
effective and continuing improvement of their economic and social conditions, including in the areas of
employment, vocational training and retraining, housing, sanitation, health and social security.
Particular attention shall be paid to the rights and special needs of indigenous women, elderly, youth,
children and differently-abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to
government’s basic services which shall include, but not limited to, water and electrical facilities,
education, health, and infrastructure.

SECTION 26. Women. — ICC/IP women shall enjoy equal rights and opportunities with men, as
regards the social, economic, political and cultural spheres of life. The participation of indigenous
women in the decision-making process in all levels, as well as in the development of society, shall be
given due respect and recognition.

The State shall provide full access to education, maternal and child care, health and nutrition, and
housing services to indigenous women. Vocational, technical, professional and other forms of training
shall be provided to enable these women to fully participate in all aspects of social life. As far as
possible, the State shall ensure that indigenous women have access to all services in their own
languages.

SECTION 27. Children and Youth. — The State shall recognize the vital role of the children and
youth of ICCs/IPs in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being. Towards this end, the State shall support all government programs
intended for the development and rearing of the children and youth of ICCs/IPs for civic efficiency and
establish such mechanisms as may be necessary for the protection of the rights of the indigenous
children and youth.

SECTION 28. Integrated System of Education. — The State shall, through the NCIP, provide a
complete, adequate and integrated system of education, relevant to the needs of the children and
young people of ICCs/IPs.

Cultural Integrity

SECTION 29. Protection of Indigenous Culture, Traditions and Institutions. — The State shall
respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and
institutions. It shall consider these rights in the formulation and application of national plans and
policies.

SECTION 30. Educational Systems. — The State shall provide equal access to various cultural
opportunities to the ICCs/IPs through the educational system, public or private cultural entities,
scholarships, grants and other incentives without prejudice to their right to establish and control their
educational systems and institutions by providing education in their own language, in a manner
appropriate to their cultural methods of teaching and learning. Indigenous children/youth shall have the
right to all levels and forms of education of the State.

SECTION 31. Recognition of Cultural Diversity. — The State shall endeavor to have the dignity and
diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all
forms of education, public information and cultural-educational exchange. Consequently, the State shall
take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and
discrimination and to promote tolerance, understanding and good relations among ICCs/IPs and all
segments of society. Furthermore, the Government shall take effective measures to ensure that the
State-owned media duly reflect indigenous cultural diversity. The State shall likewise ensure the
participation of appropriate indigenous leaders in schools, communities and international cooperative
undertakings like festivals, conferences, seminars and workshops to promote and enhance their
distinctive heritage and values.

SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to practice and revitalize
their own cultural traditions and customs. The State shall preserve, protect and develop the past,
present and future manifestations of their cultures as well as the right to the restitution of cultural,
intellectual, religious, and spiritual property taken without their free and prior informed consent or in
violation of their laws, traditions and customs.

SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. — ICCs/IPs shall have the right
to manifest, practice, develop, and teach their spiritual and religious traditions, customs and
ceremonies; the right to maintain, protect and have access to their religious and cultural sites; the right
to use and control of ceremonial objects; and, the right to the repatriation of human remains.
Accordingly, the State shall take effective measures, in cooperation with the ICCs/IPs concerned, to
ensure that indigenous sacred places, including burial sites, be preserved, respected and protected. To
achieve this purpose, it shall be unlawful to:

a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of
obtaining materials of cultural values without the free and prior informed consent of the community
concerned; and

b) Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs
for the preservation of their cultural heritage.

SECTION 34. Right to Indigenous Knowledge Systems and Practices and to Develop Own
Sciences and Technologies. — ICCs/IPs are entitled to the recognition of the full ownership and
control and protection of their cultural and intellectual rights. They shall have the right to special
measures to control, develop and protect their sciences, technologies and cultural manifestations,
including human and other genetic resources, seeds, including derivatives of these resources,
traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous
knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions,
literature, designs, and visual and performing arts.

SECTION 35. Access to Biological and Genetic Resources. — Access to biological and genetic
resources and to indigenous knowledge related to the conservation, utilization and enhancement of
these resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free
and prior informed consent of such communities, obtained in accordance with customary laws of the
concerned community.

SECTION 36. Sustainable Agro-Technical Development. — The State shall recognize the right of
ICCs/IPs to a sustainable agro-technological development and shall formulate and implement programs
of action for its effective implementation. The State shall likewise promote the bio-genetic and resource
management systems among the ICCs/IPs and shall encourage cooperation among government
agencies to ensure the successful sustainable development of ICCs/IPs.

SECTION 37. Funds for Archeological and Historical Sites. — The ICCs/IPs shall have the right to
receive from the national government all funds especially earmarked or allocated for the management
and preservation of their archeological and historical sites and artifacts with the financial and technical
support of the national government agencies.

1987 Philippine Constitution provisions on indigenous peoples

The Philippine Constitution of 1987 explicitly recognizes the rights of indigenous cultural
Communities in the following provisions:

 Section 5, Article 12: “The State, subject to provisions of this Constitution and national
development policies and programs, shall protect the rights of the indigenous cultural communities
to their ancestral lands to ensure their economic, social and cultural wellbeing. The Congress may
provide for the applicability of customary laws governing property rights or relations in determining
the ownership and extent of ancestral domain.”
 Article 2, Section 22: “The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
 Article 14, Section 17: “The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and policies”

REPUBLIC ACT NO. 10066

“National Cultural Heritage Act of 2009”

AN ACT PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE NATIONAL CULTURAL
HERITAGE, STRENGTHENING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS (NCCA) AND ITS
AFFILIATED CULTURAL AGENCIES, AND FOR OTHER PURPOSES
This law provides protection to cultural properties. The preservation of cultural heritage and cultural
properties are of paramount importance. There are strict protocols to be observed in handling cultural
properties.

Salient features of RA 10066:

a) Categories of Cultural Property (Section 4)

SEC. 4. Categories. — The cultural property of the country shall be categorized as follows:
a) National cultural treasures;
b) Important cultural property;
c) World heritage sites;
d) National historical shrine;
e) National historical monument; and
f) National historical landmark.

b) Important Cultural Properties (Section 5)

SEC. 5. Cultural Property Considered Important Cultural Property. — For purposes of protecting
a cultural property against exportation, modification or demolition, the following works shall be
considered important cultural property, unless declared otherwise by the pertinent cultural agency:
a) Works by a Manlilikha ng Bayan;
b) Works by a National Artist;
c) Archaeological and traditional ethnographic materials;
d) Works of national heroes;
e) Marked structure;
f) Structures dating at least fifty (50) years old; and
g) Archival material/document dating at least fifty (50) years old.

The property owner may petition the appropriate cultural agency to remove the presumption of
important cultural property which shall not be unreasonably withheld.

c) Designation of Heritage Zones (Section 13)

SEC. 13. Maintenance of Heritage Zones. — A heritage zone shall be maintained by the local
government unit concerned, in accordance with the following guidelines:

(a) Implementation of adaptive reuse of cultural property;

(b) Appearance of streets, parks, monuments, buildings, and natural bodies of water, canals, paths and
barangays within a locality shall be maintained as close to their appearance at the time the area was of
most importance to Philippine history as determined by the National Historical Institute;

(c) Local government units shall document and sustain all sociocultural practices such as, but not
limited to, traditional celebrations, historical battles, recreation of customs, and the reenactment of
battles and other local customs that are unique to a locality.

d) Provision on Indigenous Properties (Section 21)

SEC. 21. Indigenous Properties. — The appropriate cultural agency, in consultation with the
National Commission on Indigenous Peoples, shall establish a program and promulgate regulations to
assist indigenous people in preserving their particular cultural and historical properties.

REPUBLIC ACT NO. 7355

“Manlilikha Ng Bayan Act”

AN ACT PROVIDING FOR THE RECOGNITION OF NATIONAL LIVING TREASURES, OTHERWISE KNOWN AS
THE MANLILIKHA NG BAYAN, AND THE PROMOTION AND DEVELOPMENT OF TRADITIONAL FOLK ARTS,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

This law aims to give due recognition and incentives to citizens who distinguish themselves in
traditional folk arts For the purpose of this Act, Manlilikha ng Bayan shall mean a citizen or a group of
citizens engaged in any traditional art uniquely Filipino, whose distinctive skills have reached such a
high level of technical and artistic excellence and have been passed on to and widely practiced by the
present generation in his/her community with the same degree of technical and artistic competence.
“Traditional Folk Art” refers to expressions of distinctiveness and artistic quality created to serve a
decorative and/or utilitarian or sociocultural functions of traditional folk artists commonly known for
such works.