Office of the Southern Cultural Communities Administrative Order No.

___ Series of 2012 RULES AND REGULATIONS IMPLEMENTING MUSLIM MINDANAO AUTONOMOUS ACT 241, OTHERWISE KNOWN AS TRIBAL PEOPLES RIGHTS ACT

PRELIMINARY STATEMENT Pursuant to the provisions of Muslim Mindanao Autonomy Act No. 241, otherwise known as An Act to Recognize, Respect, Protect and Promote the Rights, Governance and Justice Systems, and Customary Laws of the Indigenous Peoples/Tribal Peoples of the Autonomous Region in Muslim Mindanao, the following rules and regulations are hereby promulgated for the information, guidance and compliance of all concerned parties. Article III of the Expanded Organic Act of the Autonomous Region in Muslim Mindanao (or RA 9054) provides that the beliefs, customs and traditions of the people in the Autonomous Region shall be recognized, protected and guaranteed. The Regional Assembly shall adopt measures to ensure mutual respect for and protection of their distinct beliefs, customs and traditions. The regional government shall ensure the development, protection and well-being of all indigenous tribal communities. Muslim Mindanao Autonomy Act No. 241 was enacted as an enabling law of the basic provisions of the ARMM Organic Act or RA 9054, specifically, Section 3 (Sectoral Representatives) of Article IV; Sections 19 (Tribal Courts), 20 (Customary Law) and 21 (Application and Interpretation of Laws) of Article VII; Sections 1-8 of Article X (Ancestral Domain, Ancestral Lands and Agrarian Reform); Section 2 (Urban and Rural Planning and Development) of Article XI; and Sections 5 and 14 of Article XII. In furtherance, the Office for Southern Cultural Communities hereby promulgated the subject implementing rules and regulations in consultation and coordination with the concerned government agencies, sectors and stakeholders.

RULE I. PRELIMINARY PROVISIONS Section 1. Title. These rules shall be known and cited as The Rules and Regulations Implementing the Tribal Peoples Rights Act And Providing Funds Thereof.

Section 2. Purpose. These rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of Muslim Mindanao Autonomy Act No. 241, otherwise known as the Tribal Peoples Rights Act, in order to facilitate compliance therewith, to fulfill the provisions of Indigenous Peoples Rights Act and RA 9054 relating to the rights of Indigenous Peoples and achieve the objectives thereof.

Section 3. Coverage. - These rules shall apply to all members of the indigenous cultural communities, indigenous peoples and tribal peoples within the Autonomous Region in Muslim Mindanao, which include the Teduray, Lambangian, Dulangan Manobo, Blaan, Higaonon, and other indigenous and tribal peoples as well as indigenous cultural communities that may be identified subsequently by the National Commission on Indigenous Peoples (NCIP) or Office for Southern Cultural Communities (OSCC).

Section 4. Declaration of Policy. The Autonomous Regional Government reaffirms the policies embodied in the Philippine Constitution, Indigenous Peoples Rights Act , Republic Act No. 9054 and other existing special laws recognizing indigenous peoples rights and international treaties, agreements, covenants and declarations concerning indigenous peoples. It is hereby declared the policy of the Autonomous Regional Government to recognize, respect, promote, preserve and protect the rights of the indigenous cultural communities, indigenous peoples and tribal peoples within the framework of national and regional unity and development. Towards this end, it shall preserve and develop their cultures, traditions and institutions protect their inherent right to self-governance and integrity of their values, practices and institutions. Furthermore, the Autonomous Regional Government shall protect their rights to their ancestral domain to ensure their economic, social and cultural well being. It shall guarantee the right of indigenous peoples to freely pursue their economic, social and cultural development and establish the means for their empowerment.

Section 5. Guiding Principles. The following operating principles shall be adopted in the implementation of the policies under these rules: a) Equity and Justice. In relation to the search for harmonious relationships of all segments of the ARMM society to enhance regional unity, the principles of equity and justice to which the indigenous communities adhere, provide an essential basis for the full development of said communities. b) Law and Order. The establishment and enforcement of indigenous justice systems of the tribal or indigenous peoples or communities redound to the attainment of a more ordered life among these communities. The consideration of their customs, beliefs and interests in the formulation and implementation of policies promotes the advancement and effective participation of these communities in the building of the society. c) Ethno-linguistic Development. The satisfaction of the requirements of regional solidarity and social justice entails the strengthening of all the ethno-linguistic communities within the context of their respective ways of life in order to bring about a sustainable ethno-linguistic development. d) Unity Out of Cultural Diversity. The diversity of cultures, traditions, beliefs, and aspirations of indigenous peoples shall be encouraged and fostered in openness, mutual respect for, and active defense of the equal and inalienable dignity and universal, indivisible, interdependent and interrelated rights of every human being, in the spirit of inter-people cooperation. e) Dialogue and Consensus. In resolving conflicts or disputes affecting or pertaining to indigenous peoples, any determination or decision thereon shall be reached through dialogue and consensus, as far as practicable. f) Human Dignity. The inherent and inalienable distinct character, sacred human dignity and unique identity of indigenous peoples shall be respected.

Section 6. Construction and Interpretation. The primary sources of the customary laws of the indigenous or tribal peoples and indigenous communities shall be considered in the construction and interpretation of the provisions of Muslim Mindanao Autonomy Act No. 241 and these rules. Specifically, the following ruling shall apply:

a) In case of ambiguity or doubt as to the interpretation of the provisions of MMA Act No. 241 and these rules and regulations, the same shall be resolved in favor of the ICCs/IPs/TPs. b) In the application of the pertinent provisions of MMA Act No. 241 including these rules in relation to other laws, either national or regional, the integrity of the ancestral domains, culture, tradition, practices and customary laws of the ICCs/IPs/TPs shall be considered and afforded utmost regard. c) In resolving disputes involving ICCs/IPs/TPs, the primacy of customary laws shall be upheld. d) The customs and traditions of the concerned ICCs/IPs/TPs shall be resorted to in the resolution of controversies arising under MMAA 241 or these rules. e) The construction and interpretation of any provision of MMAA 241 and these rules shall not in any manner adversely affect the rights and benefits of the ICCs/IPs/TPs under national or regional laws, international laws, treaties, conventions and agreements.

RULE II. Definition of Terms. Section 1. Definition of Terms. For purposes of these Rules and Regulations the following terms shall mean: a) Ancestral Domains refer to all areas generally belonging to ICCs/IPs/TPs, comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs/TPs 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 voluntary dealings entered into by the government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare, and which 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/TPs, but from which they traditionally had access to, for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs/TPs who are still nomadic and/or shifting cultivators. b) Ancestral Lands refer to lands within the ancestral domains already existing, occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs/TPs 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) Customary Laws refer to a body of written or unwritten rules, usages, customs and practices traditionally observed, accepted and recognized by respective ICCs/IPs/TPs. d) Free and Prior Informed Consent. This refers to 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 an activity, in a language and process understandable to the community.

e) Indigenous Cultural Communities/ Indigenous Peoples/Tribal Peoples (ICCs/IPs/TPs) 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, which 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. f) Indigenous Political Structure refers to organizational and cultural leadership systems, institutions, relationships, patterns and processes for decision making and participation identified by ICCs/IPs/TPs such as, but not limited to, Council of Elders, Council of Timuay and Datus, or any other tribunal or body of similar nature. g) NCIP refers to the National Commission for Indigenous Peoples h) OSCC refers to Office for Southern Cultural Communities. i) Self-Governance refers to the right of ICCs/IPs/TPs to pursue their economic, social and cultural development; promote and protect the integrity of their values, practices and institutions; and determine, use and control their own organizational and community leadership systems, institutions, relationships, patterns and processes for decision making and participation. j) Time Immemorial refers to a period of time when as far back as memory can go, certain ICCs/IPs/TPs are known to have occupied, possessed 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.

RULE III. Recognition of Rights. The Autonomous Regional Government shall recognize and promote the rights of ICCs/IPs/TPs provided under the Philippine Constitution, IPRA, Special Laws, UN Declarations, Treaties and International Agreements that include specifically, among others, the following: Part I. Right to Self-Determination/ Self-Governance Section 1. Recognition of Indigenous Justice System, Conflict Resolution Institutions and Peace Building Processes. The ICCs/IPs/TPs 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 as may be compatible with the national legal system and other internationally recognized human rights.

Section 2. Protection of Indigenous Political Structures. The ICCs/IPs/TPs shall have the right to determine and decide their own priorities for development and to maintain and develop their own indigenous political structures. Upon determination of priorities for development, the ICCs/IPs/TPs shall submit plans with corresponding budget to the OSCC for approval.
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The OSCC shall provide guidelines and procedures for the submission and approval of assistance to priority development projects. The OSCC shall set guidelines in the implementation, monitoring and evaluation and progress updating of such priority projects. Section 3. Right to Ancestral Domain/Land. As part of the recognition of the rights to self-determination and self-governance, the Regional Government shall undertake measures to recognize the rights of the indigenous peoples to their ancestral domain/land. Indigenous cultural communities/indigenous peoples/tribal peoples can file petition for certificate of ancestral domain/land claims (CADT/CALT) to the OSCC. Legitimate titles secured under the Torrens System shall be respected. No portion of the ancestral domain/ancestral land shall be open to resettlement by non-members of the indigenous cultural communities. Section 4. Participation in Project Implementation Over Ancestral Domains. The ICCs/IPs/TPs shall be afforded full participation in all decisions related to their ancestral domains, and for this purpose, shall have the right to have free prior and informed consent on matters related to the formulation and implementation of any government or private project that will affect their ancestral domains and shall receive just and fair compensation for any damages which they sustain as a result of the project. The OSCC shall facilitate the conduct of the appropriate consultation on the matter. It shall be conducted within the affected area of the ICCs/IPs/TPs. The consent of the ICCs/IPs/TPs concerned shall be mandatory prior to any intervention or project/program implementation. Once the consent to the project is given, the ICC/ IP community concerned shall be entitled to royalty fees derived from the income of any project that is established within the territory of the ICCs/IPs subject to a memorandum of agreement. The following documentary requirements must be submitted first by the contractor or project implementor to the appropriate agency of the government before any said project or program in specified area of the ancestral domain shall be started: a) Affidavit of Payment by the contractor or project implementor stating among others that corresponding remuneration has been given to the concerned for the damages sustained in view of the project, if there is any. In the event that there is no such damage, this requirement shall not apply; b) Certification from the OSCC attesting to the fact that a consultation for the purpose was conducted and that it was conducted in the affected area of the ancestral domain; and c) Affidavit of Consent to be executed by the concerned ICCs/IPs/TPs through their head or chieftain affirming to the implementation of any project or program in their ancestral domains.

Section 5. Determination of Priorities for Development. The ICCs/IPs/TPs shall have the right to determine and decide on their priorities for development especially those affecting their beliefs, institutions, ownership and spiritual well-being. They shall participate in the formulation, implementation and evaluation of policies, plans and programs for regional and local development which may directly affect them. a) They shall actively promote sustainable indigenous agricultural practices while intensifying food production in order to achieve staple food sufficiency and ensure food security; b) develop their capacity to strengthen food production systems;
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c) diversify the livelihood activities in order to ensure food security; d) identify and protect respective market niches for selected produce from indigenous communities; and, e) recognize and advance the role of indigenous women as co-stewards in ensuring food and livelihood security Section 6. Preservation and Protection of Culture and Indigenous Institutions. It shall be the right of the ICCs/IPs/TPs to preserve and protect their culture, traditions and indigenous institutions. The Autonomous Regional Government shall consider these rights in the formulation and application of regional plans and policies. Section 7. Preservation and Practice of Cultural Sites and Ceremonies. The ICCs/IPs/TPs shall have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies, to maintain religious and cultural sites, to control ceremonial objects, and to repatriate human remains. To ensure the preservation and protection of indigenous sacred places as well as burial rites, the following shall be considered unlawful: a) Exploration or excavation of archeological sites of the ICCs/IPs/TPs for the purpose of obtaining materials of cultural value without the express, free and prior informed consent of the community concerned; and b) Defacement or removal of artifacts which are of great importance to the ICCs/IPs/TPs for the preservation of their cultural heritage. Section 8. Freedom of Religion, Customs and Traditions. The Autonomous Regional Government shall ensure the development and well-being of all indigenous tribal communities including the right to practice and revitalize their own cultural traditions, indigenous beliefs and customs as well as the free exercise of their religions.

Part II. Right to Equal Treatment, Participation and Non-Discrimination Section 1. Freedom from Any Form of Discrimination and Right to Equal Opportunity and Treatment. It shall be the right of the ICCs/IPs/TPs to be free from any form of discrimination. They shall enjoy equal opportunities for admission to employment, medical and social assistance, safety and other occupationally-related benefits, redress of grievances, fair recruitment systems, protection against sexual harassment and other opportunities and privileges available under applicable laws. Section 2. Equal Protection of Laws. The Autonomous Regional Government shall, in due recognition of their distinct characteristics and identity, accord to the members of the ICCs/IPs/TPs the rights and privileges enjoyed by the rest of ARMM populace. It shall extend to them the same employment rights, opportunities and basic services including equal access to quality education, subject to any affirmative action or special measures that may be taken by the national, regional or local governments in the future, in favor of the Moro or the ICCs/IPs. Section 3. Mandatory Representation to Policy Making Bodies. The Autonomous Regional Government shall ensure the full participation of ICCs/IPs/TPs in all levels of decisionmaking over matters affecting their rights and welfare through procedures determined by them, in the formulation, implementation and evaluation of programs, plans and policies for regional and local development. They shall be given mandatory representation in legislative bodies in all levels of local government units in areas where they are present. Section 4. The Rights and Role of IP Women. The respective Indigenous Political Structures, pursuant to Rule III, Part I, Section 2 this IRR, shall recognize, respect, protect and promote the rights of indigenous women. It shall:

a) Ensure participation of indigenous women and facilitate the formulation, incorporation and implementation of programs to meet the needs on the important and distinct role of indigenous women such as IP women arbiters, traditional birth attendants, healers/ritualists to conflict management and resolution. b) Review customary practices of imposing conditions that are highly unfavourable and disadvantageous to women as a means of settling disputes on VAWC cases and other heinous crimes, such as the amicable settlement of rape in IP communities, through massive awareness and education campaign. c) Provide opportunities for IP women and girls to develop leadership skills and ensure their significant participation in the strengthening of tribal governance.

Part III. Rights during Temporary Relocation and Return to Territories Section 1. Temporary Relocation as an Exceptional Measure. No ICCs/IPs/TPs shall be relocated without their free and prior informed consent. Relocation or displacement as an exceptional measure or as a result of calamity or catastrophe shall only be temporary. They shall have the right to return to their ancestral domain as soon as the grounds for such relocation cease to exist, and shall have the right to be compensated for damages sustained as a consequence of the relocation. Temporary relocation is an exceptional measure if, after exhausting all legal remedies, it stands as the only option to avoid loss of lives, and to safeguard the health and safety of the populations affected. Temporary relocation shall generally occur as a result of force majeur, natural calamities or catastrophes. Where temporary relocation is determined by the ICC/IP concerned, in consultation with the OSCC and other appropriate government agencies as an exceptional measure, the concerned government agencies shall provide the affected ICCs/IPs with habitable relocation sites and adequate shelter, food, and other basic services, as well as livelihood opportunities to ensure that their needs are effectively addressed. Section 2. Right to Return to Ancestral Domain. When the reason for the relocation ceases to exist as determined by the ICCs/ IPs in consultation with appropriate government agencies, the ICCs/ IPs shall have the right to return to their ancestral domains. Section 3. Rights in Case of Permanent Relocation/ Displacement. Should the conditions for their return pose grave and long-term risks for the displaced ICCs/ IPs, and normaly and safety of the previous settlements are irreversibly lost, the displaced ICCs/ IPs shall, upon their Free and Prior Informed Consent, be accorded the following: a) Relocation to a site, which shall, in all possible cases, be of equal quality and legal status as that previously occupied, and shall be suitable to provide for their present needs and future development; b) Security of tenure over lands to which they shall be resettled or relocated; and c) Compensation for loss, injury or damage as a consequence of such relocation or displacement

Section 4. Right to Compensation. Should the ICCs/ IPs sustain any damages on any project that would be implemented within their ancestral domains, damages must be paid

therefore compensation for loss, injury or damage as a result of relocation shall be obtained through the following procedures: a) Who May File. The following shall be entitled to compensation: 1. Any member of ICCs/IPs/TPs in the event of loss of life, injuries or damage to property; 2. Concerned ICCs/IPs/TPs elders or leaders representing their communities, in case of damage to burial grounds, worship areas, hunting grounds or any other parts or communal structures within the ancestral domains; or 3. The OSCC may, in its own initiative, file the claim for loss, injury or damage for and in behalf of the ICCs/IPs/TPs. b) Notification to OSCC. In case the claim is filed by the affected ICCs/IPs/TPs, the OSCC must be notified of such loss, injury or damage suffered as a result of the relocation or displacement. c) Filing of Claim. The claim for compensation shall be filed with the appropriate office, agency or bureau which has caused such relocation or displacement. d) Payment of Compensation. The OSCC shall ensure that such claim for payment is given due consideration and that the claimant is duly compensated within a reasonable time.

RULE IV. Recognition of Self Governance and Systems of Traditional Leadership Section 1. Self-Governance. The Autonomous Regional Government shall recognize, respect and support the indigenous systems of leadership and governance, in all levels, of the ICCs/IPs/TPs in pursuance of the latters right to self-determination. Existing systems of governance include, but are not limited to, the following: 1) The Timuay Justice and Governance (TJG) of the Teduray and Lambangian peoples with the Ukit and Tegudon as their governing laws; 2. Dulangan Manobo Tribal Justice and Self Governance (DMTJSG) Kna Mnuwa base on the Tgudon of the Dulangan Manobo Kitab governing laws since time immemorial; and 3) Other types of tribal-based self-governance, that may be identified and verified by the OSCC. Structures of governance by other ICCs/IPs/TPs shall be identified and provided later by the OSCC. Section 2. Recognition of Authentic Leadership. - In pursuance of the right to selfgovernance and self-determination, the ICCs/IPs/TPs, in coordination with the Department of the Interior and Local Government (DILG), through the OSCC, shall formulate measures to ensure that: a) The socio-political structures, systems and institutions of strengthened; ICCs/IPs/TPs are

b) The indigenous structures, systems and institutions are not supplanted by other forms of non-indigenous governance; and c) Mechanisms that allow the interfacing of indigenous systems of governance with the other systems are established.
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Section 3. Authentication of Leadership Titles and Tribal Membership. The ICCs/IPs/TPs concerned shall have the sole power to authenticate indigenous leadership titles and certificate of membership. The ICCs/IPs/TPs shall have the following rights: a) Right to Confer Leadership Titles. The ICCs/IPs/TPs concerned, in accordance with their customary laws and practices, shall have the sole right to vest titles of leadership. b) Recognition of Leadership Titles. To forestall undue conferment of leadership titles and misrepresentation, the ICCs/IPs/TPs concerned, may, at their option, submit a list of their recognized traditional socio-political leaders with their corresponding titles to the OSCC. The OSCC shall conduct a field validation of said list and shall maintain a directory thereof. c) Issuance of Certificates of Tribal Membership. Only the recognized registered leaders are authorized to issue certificates of tribal membership to their members. Such certificates shall be confirmed by the OSCC based on its records and shall have effect only for the purpose for which it was issued. The OSCC shall support the initiatives, projects and activities of ICCs/IPs/TPs that will strengthen and develop their socio-political and leadership systems.

Section 4. Establishment of Tribal Halls. The Autonomous Regional Government shall establish tribal halls in various ICCs/IPs/TPs community areas for their use. The establishment of said tribal halls shall be done in consultation with the concerned ICCs/IPs/TPs as to the size, style, design and exact location of the tribal halls. The OSCC shall ensure the conduct of proper consultation with the concerned ICCs/IPs/TPs for the purpose. In view hereof, the Autonomous Regional Government shall appropriate necessary funds for the construction of said tribal halls. At its option, it may delegate to the OSCC the implementation of the project, as such, the funds for the purpose may be incorporated in the local funds releases intended for the OSCC.

RULE V. Indigenous Conflict-Resolution System Section 1. Resolution of Conflicts; Primacy of Customary Laws and Practices. All conflicts involving members of ICCs/IPs/TPs shall be resolved in accordance with the customary laws, traditions and practices of ICCs/IPs/TPs in the area where the conflicts arose. If the conflict between and among ICCs/IPs/TPs is not resolved through such customary laws, traditions and practices, the traditional leader or mediator who participated in the attempt to settle the dispute shall certify that the same has not been resolved. Such certification shall be a condition precedent for the filing of appropriate complaint in the Katarungang Pambarangay or in the regular courts of justice, as the case may be. In case of default, where customary laws and practices do not apply or no applicable provisions thereof, the appropriate complaint or case may be submitted directly to the Katarungang Pambarangay for amicable settlement or to the regular courts for judicial decision, whenever necessary.

The customary laws, traditions and practices of ICCs/IPs/TPs shall apply to the settlement of disputes pertaining to property rights, claims and ownership, hereditary succession, land conflicts and other similar issues when the parties involved are members of the ICCs/IPs/TPs. Section 2. Recognition of Socio-Political Institutions and Structures. The ICCs/IPs/TPs have the right to use their traditional justice systems, conflict resolution institutions or peace building processes which are oriented to settlements, reconciliation and healing, and as may be compatible with existing laws and accepted human rights. The ICCs/IPs have the right to use their traditional justice systems, conflict resolution institutions or peace-building processes which are oriented to settlements, reconciliation and healing, and as may be compatible with existing laws and accepted human rights. Towards this end, their structures and mechanisms for indigenous conflict-resolution as well as implementation of peace and order measures shall be supported. Section 3. Documentation. The OSCC shall assist the ICCs/IPs/TPs to document cases resolved under the indigenous justice systems, conflict resolution mechanisms and peace building processes in order to provide references to be used in resolving conflicts involving ICCs/IPs/TPs. Section 4. Tribal Courts. - The Autonomous Regional Government shall recognize and respect the justice system including the tribal courts of the ICCs/IPs/TPs. It shall provide assistance in the establishment and strengthening of said tribal courts, and provide support for the tribal justices or jury. In regard thereof, the Autonomous Regional Government shall appropriate funds for the development of tribal courts and enhancement of the capability and competence of the tribal justices or jury. The tribal courts shall have, among others, the following powers and functions: a) To hear and decide cases where customary laws, traditions and practices will apply; b) To determine cases involving basic rights arising under MMA Act No. 241 or these rules and regulations; c) To settle controversies submitted to it by option and voluntary act of the parties; d) To exercise exclusive jurisdiction over crimes committed by members of ICCs/IPs/TPs where the imposable penalty as prescribed by the Revised Penal Code or other pertinent laws does not exceed imprisonment of six (6) years or a fine not exceeding Fifty Thousand Pesos (P50,000.00) or both, and where the offended party or parties are also members of the indigenous cultural community concerned; and e) Such other issues or controversies that may be heard and decided by said courts.

Section 5. Rules of Procedure. The tribal courts contemplated under these rules may adopt their own set of procedures that will govern their proceedings. Among others, they may devise their own rules on evidence, jurisdiction, appeals, burden of proof and similar others in order to secure a just, speedy and inexpensive determination of every issue or controversy submitted to them for resolution. The due process requirements observed by regular courts of justice may not be identically adopted by the tribal courts. However, tribal court proceedings must afford the concerned parties the basic tenets of due process established by the Constitution.

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Section 6. Indigenous Structures on Peace and Order. - The Autonomous Regional Government shall recognize indigenous structures or systems which promote peace, law and order. These indigenous structures include, but not limited to, the following: a) Timuay Justice and Governance by the Teduray and Lambangian; b) Dulangan Manobo Tribal Justice and Self Governance (Kna Mnuwa) for Dulangan Manobo; and c) Such other indigenous structures that may be identified by the OSCC. The indigenous systems shall also include local peace enforcers such as the Dyaga Fnuwo and Agubalang.

RULE VI. Right to Determine Policies, Development Programs and Projects within the Ancestral Domains/Lands

Section I. Free and Prior Informed Consent - The ICCs/ IPs shall, within their communities, determine for themselves policies, development programs, projects and plans to meet their identified priority needs and concerns. They shall have the right to be asked for their free and prior informed consent in relation to any proposed government or private project to be implemented within their ancestral domain/ lands. a) Scope of the ICCs/IPs whose Consent shall be Secured. The scope of the ICCs/ IPs whose free and prior informed consent is required shall depend upon the impact area of the proposed policy, program, projects and plans, such that: 1. When the policy, program, project or plan affects only the particular community within the ancestral domain, only such community shall give their free and prior informed consent; 2. When the policy, program, project or plan affects the entire ancestral domain, the consent of the concerned ICCs/ IPs within the ancestral domain shall be secured; and 3. When the policy, program, project or plan affect a whole range of territories covering two or more ancestral domains, the consent of all affected ICCs/ IP communities shall be secured.

b) Procedure and Requirement for Securing ICCs/ IPs Consent. The consensus building process of each particular indigenous cultural community shall be adhered to in securing the ICCs/ IPs Free and Prior Informed Consent. For purposes of documentation and monitoring, the OSCC shall assist, document and witness the process of securing Free and Prior Informed Consent. The basic elements in the consensus building process shall include, the minimum, information dissemination to all members of the concerned indigenous peoples communities, assessment of the concerns or issues by appropriate assemblies in accordance with the customs and traditions and discernment and initial decision by recognized council of elders, affirmation of the decision of the Elders by all the members of the community. The OSCC shall adopt the FPIC Guidelines of the NCIP to govern such procedure.

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The following minimum requirements shall be strictly complied with: 1. For every meeting, notices thereof written in English or Pilipino and in the IP language and authorized by community elders/ leaders shall be delivered and posted in conspicuous places or announced in the area where the meeting shall be conducted at least one (1) month before the scheduled meeting in accordance to the FPIC Guidelines of NCIP; 2. All meetings and proceedings where the proponent shall submit and discuss all the necessary information on the proposed policy, program, project or plan shall be conducted in a process and language spoken and understood by the ICCs/ IPs concerned; 3. The minutes of meetings or proceedings conducted shall be written in English or Pilipino and in the language of the concerned ICCs/ IPs and shall be validated with those who attended the meeting or assembly before the finalization and distribution of the minutes; 4. Consent or rejection by the ICC/ IP community shall be signified by affixing signatures or thumb marks in a document written in their own language or dialect with corresponding English or Pilipino translation. Signatures or thumb marks shall be considered valid, only when it is affixed on each and every page of the document signifying consent or rejection. In case of rejection, the ICCs/ IPs shall state in the document of rejection whether or not they shall entertain alternative proposals of similar nature; and 5. Any alternative proposal shall be subject to the Free and Prior Informed Consent of the ICCs/ IPs in accordance with the foregoing procedures and requirements;

c) Obligations of the Proponent. The proposent of any policy, program, project or any activity requiring the Free and Prior Informed Consent of the ICCs/ IPs community shall:

1. Submit to the IP community an undertaking written in a language spoken and understood by the community concerned that it shall commit itself to full disclosure of records and information relevant to the policy, program, project or activity, and allow full access to records, documents, material information and facilities pertinent to the same; 2. Submit to the IP community and the OSCC in a language understandable to the concerned community an Environmental and Socio-cultural Impact Statement, detailing all the possible impact of the policy, program, project or activity upon the ecological, economic, social and cultural aspect of the community as a whole. Such document shall clearly indicate how adverse impacts can be avoided or mitigated; 3. Submit an undertaking in writing to answer for damages which the ICCs/ IPs may suffer on accunt of the policy, program, project, plan or activity and deposit a cash bond or post a surety bond with the OSCC when required by the community equivalent to a percentage of its investments, subject to progressive increase, depending upon the impact of the project. The amount of bond shall be determined by the OSCC with the concurrence of the ICCs/ IPs concerned; and a. Underwrite all expenses attendant to securing the free and prior informed consent of the ICCs/ IPs.
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d) Development and Cultural Activities Subject to Free and Prior Informed Consent (FPIC). Policies, programs, projects, plans and activities subject to free and prior informed consent shall include but not limited to the following: 1. Exploration, development, exploitation and utilization of natural resources within ancestral domains/ lands; 2. Research in indigenous knowledge, systems and practices related to agriculture, forestry, watershed and resource management systems and technologies, medical and scientific concerns, bio-diversity, bioprospecting and gathering of genetic resources; 3. Displacement and relocation; 4. Archeological explorations, diggings and excavations and access to religious and cultural sites; 5. Policies affecting the general welfare and the rights of ICCs/ IPs; and 6. Entry of the Military or paramilitary forces or establishment of temporary or permanent military facilities within the domains.

e) Non-transferability of Consent. The free and prior informed consent granted by the ICCs/ IPs for a particular proposed policy, program, project or plan, as a general rule, shall both be transferable to any other party, except in case of merger, reorganization, transfer of rights, acquisition by another entity, or joint venture: Provided; that there will be no changes in the original plan, program, project or policy and: Provided further; that the same shall not prejudice the interest, rights and welfare of the concerned ICCs/ IPs.

RULE VII. Relationship with National, Regional and Local Governments Section 1. Representation to Policy Making Bodies. - The ICCs/IPs/TPs shall be provided representation to all levels of policy making bodies within the Autonomous Region. Aside from executive or administrative bodies, these shall include all legislative bodies in all levels of local government units within the region, as well as the Regional Assembly of the ARMM. The representation of ICCs/IPs shall be proportionate to their population and they shall be entitled to the same privileges as the regular members thereof. The ICCs/IPs/TPs representatives shall be qualified and chosen by their own communities in accordance with the process to be determined by them. In consultation with the ICCs/IPs/TPs, the OSCC in close coordination with DILG shall come up with appropriate measures to ensure the full participation of ICCs/IPs/TPs in matters affecting their development. Such measures shall also include the provision of technical assistance to develop the ICCs/IPs/TPs representatives knowledge of traditional socio-political systems, customary laws, justice system and skills in interfacing with non-indigenous governance and policy making.

Section 2. Relationship With Barangay Officials. - The barangay officials and traditional leaders of the ICCs/IPs/TPs such as the Timuays or Datus should work together closely to address the common concerns of the community. In matters relating exclusively to the
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members of the ICCs/IPs/TPs, the jurisdiction and decision of their traditional leaders shall be respected and recognized by the concerned barangay officials. The jurisdiction and decision of such traditional leaders shall apply, but not limited to, the following issues: 1) All issues or disputes between and among members of the ICCs/IPs/TPs; 2) All cases where customary laws will apply; 3) Cases involving basic rights arising under MMA Act No. 241 or these rules; 4) Disputes arising from customary contracts in which the parties are members of ICCs/IPs/TPs, if they opt to be mediated by a traditional leader; and 5) Such other issues or disputes that may be heard and decided by a traditional leader at the option of the concerned parties.

Section 3. Coordination with Law Enforcement Agencies. - The tribal courts and the traditional leaders of the ICCs/IPs shall coordinate with the proper law enforcement agencies of the Autonomous Regional Government and the local government units concerned for the implementation and enforcement of their decisions especially in criminal cases falling within their jurisdiction. Said law enforcement agencies and local units shall recognize the authority of these tribal courts and traditional leaders and obey the writs and orders that may be issued by them in aid of their jurisdiction. Failure of the concerned to abide by the orders of these courts shall be a sufficient ground for the filing of indirect contempt case against them before any competent court. The tribal courts and traditional leaders shall adopt measures to maintain close coordination with the partner agencies and concerned LGUs to ensure speedy, expeditious, efficient and effective execution and enforcement of their orders and decisions.

RULE VIII. Rights During Armed Conflicts. - The ICCs/IPs/TPs shall have the right to special protection, security and safety during the periods of armed conflicts. The Autonomous Regional Government shall ensure the observance of international standards and rule of law for the protection and safety of civilian populations in the events of emergency and armed conflicts. Section 1. The Right To Special Protection, Security And Safety During Armed Conflicts. During armed conflicts, the following rights of the members of the ICCs/IPs/TPs shall be guaranteed and observed: a. Right not to be recruited in any military, paramilitary or other armed groups against their will or consent; b. Right against involuntary membership to any armed group in conflict with ICCs/IPs/TPs or when said recruitment is for the use against other ICCs/IPs/TPs; c. Right against recruitment of children of the ICCs/IPs/TPs into the Armed Forces of the Philippines, Philippine National Police, paramilitary units or any armed group under any circumstance even with the consent of the concerned children; d. Right against involuntary servitude during any armed conflict; e. Right against recruitment to military, paramilitary or any armed group if the same will result to abandonment of land, territories and means of subsistence by the recruits; f. Right against involuntary relocation to special centers for military purposes under any discriminatory condition; and g. Right to compensation, as provided in Rule VIII, when the displacement due to the conflict becomes permanent.
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h. Such other rights available to the members of the ICCs/IPs in times of armed conflicts under existing laws and international humanitarian law.

Section 2. Special Protection for Children of ICCs/IPs During Armed Conflict. In addition to the aforementioned rights, the children of ICCs/IPs/TPs shall be entitled to protection, survival and development consistent with the customs and traditions of their indigenous communities, especially in times of armed conflicts. To attain this objective, the following guidelines shall be strictly followed: 1. In any armed conflict, children of ICCs/IPs/TPs shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment. 2. Children of ICCs/IPs/TPs shall not be allowed to participate in any armed confrontations, or be used as guides, couriers or spies. 3. Delivery of basic services to affected ICCs/IPs/TPs shall be kept unhampered even during times of armed conflicts. 4. Schools, hospitals, clinics, health centers and other infrastructures intended for the children shall not be utilized for military purposes. 5. All appropriate steps shall be taken to facilitate the reunion

Section 3. Evacuation and Temporary Shelter During Armed Conflicts. - Children of ICCs/IPs/TPs shall be given priority during evacuations as a result of armed conflicts. Existing community organizations shall be tapped to look after the safety and well-being of the concerned children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. Whenever possible, members of the same family shall be housed in the same premises and given separate accommodations from other evacuees, and provided with facilities to lead a normal family life. In places of temporary shelter, expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. If feasible, children shall be given opportunities for physical exercise, sports and outdoor games. The leader of the ICCs/IPs/TPs or chairman of the barangay affected by the armed conflicts shall submit the names of children residing in said barangay to the concerned social welfare and development office and to the OSCC within twenty-four (24) hours from the occurrence of the armed conflicts.

Section 4. Rights of Children Arrested for Reasons Related to Armed Conflicts. Any child belonging to the ICCs/IPs/TPs who has been arrested for reasons related to armed conflicts, either as combatant, courier, guide or spy is entitled to the following rights: a) Separate detention from adults; b) Immediate free legal assistance; c) Immediate notice of such arrest to the parents or guardian of the child; and d) Release of the child on recognizance to the custody of the DSWD or to the leader of the indigenous community to which the child belongs.
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RULE IX. The Mechanisms in ARMM Government Section 1. The Office for Southern Cultural Communities (OSCC). In addition to the devolved powers and functions of the Office for Southern Cultural Communities (OSCC) pursuant to Executive Order Number 462 series of 1991, the OSCC-ARMM shall be the primary agency to implement this Act and it is implementing rules and regulations. The Office of the Regional Governor, thru the Regional Assembly shall provide additional funds for the implementation of this Act. Until the NCIP-ARMM is organized, the OSCC shall accept applications for Certificate of Ancestral Domains Title/ Certificate of Ancestral Lands Title (CADT/ CALT) as the authorized agent of the NCIP. And upon acceptance of the application, forward such applications to NCIP for processing. In the event that cases are not resolved at the level of the Kefeduwans and Tgantang, pursuant to Rule V of this IRR, the Kefeduwans and Tgantang shall endorse to OSCC such case for appropriate intervention. The OSCC shall set-up a legal desk, and establish procedures of interventions and settlement of cases of such nature. Section 2. Deputy Regional Governor for Indigenous Cultural Communities/ Indigenous Peoples. The Deputy Regional Governor for Indigenous Peoples, (ICCs/ IPs/ TPs) as provided under Article VII, Section 6 of RA 9054, shall monitor the progress of the implementation of MMAA 241 and shall advise the Regional Governor as to how the implementation can be optimized. The Deputy Governor shall have the primary task of bringing the concerns of the Indigenous Cultural Communities/ Indigenous Peoples/ Tribal Peoples (ICCs/IPs/TPs) to the attention of the Executive Council, as provided under said provision of RA 9054, and directly to the Regional Governor as well. The Deputy Regional Governor shall likewise act in behalf of the Regional Governor and Vice-Governor, with mandate from both officials, in relation to issues and concerns of the ICCs/ IPs/TPs within the ARMM and in coordination with OSCC. The Deputy Regional Governor for IPs shall monitor programs and activities of LGUs, government agencies and non-government organizations affecting indigenous constituents, and shall provide counsel to constituents on the access of service and programs in coordination with these agencies. The Deputy Governor shall provide advice and recommendations to the Regional Governor and the Executive Council towards the full protection and promotion of the rights of the indigenous peoples in the ARMM. RULE X. Unlawful Acts. - Any person found guilty of any of the following acts shall be penalized in accordance with Revised Penal Code, Republic Act Act 8371, and other applicable laws: 1. 2. 3. 4. Unlawful or unauthorized intrusion into ancestral domains/lands; Misrepresentation in obtaining the free and prior informed consent of ICCs/IPs/TPs ; Usurpation of real rights in property; Forcible displacement or relocation of ICCs/IPs/TPs from their ancestral domains/lands; and 5. Pollution of the air and bodies of water within the ancestral domains/lands.

RULE XI. Persons Liable. The following are liable for punishment for violation of the rights of ICCs/IPs/TPs enumerated under MMAA 241 and these rules: 1. Any individual, whether a member of the same or different indigenous communities or not;
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2. Any individual who is non-IP, whether a Filipino or alien; 3. In case of violations committed by juridical persons, the manager, president, chief executive officer or any of the officers of such juridical persons; and Government officials, officers or employees. RULE XII. Penalties. - The ICCs/IPs/TPs whose rights have been violated may penalize any violator in accordance with their customary laws, except when the penalty is cruel, degrading or inhuman, or where the penalty is death or excessive fine. The concerned ICCs/IPs/TPs may also resort to courts of justice for the imposition of corresponding penalties in cases where the violator is non-IP or outsider. RULE XIII. Saving Clause. - Nothing in these rules and regulations shall be construed to amend or modify the pertinent provisions of MMA Act No. 241. The herein rules and regulations only provide for the details of the applications of the basic provisions of said substantive law. RULE XIV. Penalty Clause. - Any violation of these rules and regulations shall be dealt with according to applicable laws. In addition, if the violator is a government official or employee, he or she shall suffer the penalties provided under the Civil Service Rules and Law. RULE XV. Periodic Review. The OSCC and/or Stakeholders may call for the periodic review of these rules and regulations, as may be necessary. RULE XVI. Separability Clause. If any portion or provision of these rules and regulations is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration. RULE XVII. Repealing Clause. - All circulars, memoranda, rules and regulations or parts thereof inconsistent herewith are hereby repealed or modified accordingly. RULE XVIII. Effectivity Clause. These rules and regulations shall take effect after ten (10) days following the completion of corresponding publication in a newspaper of regional circulation.

HON DEONATO MOKUDEF Assemblyman, Regional Legislative Assembly Representative for Indigenous Peoples HON RAMON PIANG Mayor, Upi, Maguindanao HON HILARIO TANZO Deputy Governor for Indigenous Peoples MR DENCIO KADINGILAN Representative Dulangan Manobo-ARMM TIMUAY LABI SANNIE BELLO Supreme Chief Timuay Justice and Governance (TJG) BAI FATIMA KANAKAN Executive Director Office of Southern Cultural Communities (OSCC)
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Chair, IP Technical Working Group

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