JTP HB10 - An Act Institutionalizing IPMR
JTP HB10 - An Act Institutionalizing IPMR
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
First Regular Session
EXPLANATORY NOTE
Article II, Section 22 of the 1987 Constitution provides that “(T)he State recognizes and
promotes the rights of indigenous cultural communities within the framework of national unity and
development.” Hence, the promotion of a society recognizing and promoting the rights of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of the 1987 Constitution
and Republic Act 8371, otherwise known as the Indigenous Peoples Rights Act of 1997. Corollary,
section 16 of RA 8371 provides that “(I)CCs/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
structure. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory
representation in policy-making bodies and other local legislative councils.
The above provisions mandated all local government units to recognize and provide for
Indigenous Peoples Mandatory Representative to become member of their local legislative or
sanggunian as representative of the indigenous peoples sector in their territorial jurisdiction.
However, the implementation of the said provision was met with less enthusiasm because of
budgetary constraints of LGUs and the difficulty of local chief executive to appoint IPMR who are
not sympathetic to the former’s interest. Henceforth, many IPMRs who are selected by the members
of the ICCs/IPs and confirmed by the NCIP were not able to become members of the local legislative.
This measure seeks to correct the above aberrations and to institutionalize the Indigenous
Peoples Mandatory Representative program and to provide necessary penalties for violations of the
provisions of this bill.
SEVENTEENTH CONGRESS
First Regular Session
AN ACT
INSTITUTIONALIZING INDIGENOUS PEOPLES MANDATORY
REPRESENTATION, APPROPRIATING FUNDS THERFOR, AND FOR OTHER
PURPOSES
SECTION 1. Short Title. This Act shall be known and cited as the “Indigenous
Peoples Mandatory Representation Act of 2016.”
Towards these ends, the State shall institute and establish the necessary mechanisms to
enforce and guarantee the realizations of these rights, taking into consideration their customs,
traditions, values, beliefs, interest and institutions, and to adopt and implement measures to
protect their rights to their ancestral domains.
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SECTION 3. Definition of Terms. As used in this Act, the following terms are
defined as follows:
(a) Customary Laws. - refer to a body of written and/or unwritten rules, usage,
customs and practices traditionally and continually recognized, accepted and observed by
respective ICCs/IPs;
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SECTION 5. Scope of Application. The Indigenous Peoples Mandatory
Representation shall be applicable to all local government units as defined under this Act.
SECTION 7. Term of Office. Any person whose selection has been confirmed by the
NCIP to become an IPMR shall become an automatic member of the local legislative or
sanggunian concerned as representative of the indigenous peoples sector.
An Indigenous Peoples Mandatory Representative shall serve in the local legislative
or sanggunian for a period three (3) years from the time his/her selection shall have been
confirmed by the NCIP. The confirmation of NCIP shall also serve as the appointment of the
IPMR in the local legislative or sanggunian concerned.
No person shall serve as IPMR for more than three (3) consecutive terms in the same
local legislative or sanggunian. In case of death, permanent incapacity, and/or voluntary
resignation of an IPMR, the successor shall serve the unexpired portion of his/her
predecessor.
SECTION 10. Penal Provision. Any person liable under this Act shall be penalized
by prision mayor or imprisonment for a period of six (6) years and one day to twelve (12)
years and a fine of not less than One Hundred Pesos (Php.100,000.00) nor more than One
Million Pesos (Php.1,000,000.00) and:
(a) The penalty provided under this Act shall be imposed in its maximum period if
the offender has been previously convicted under this Act;
(b) The penalty provided for in this Act shall be imposed in its maximum period if
the offender is a public official, officer or employee: Provided, that the penalty of suspension
and perpetual disqualification to hold any government position shall also be imposed.
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SECTION 11. Administrative Proceedings and Sanctions. – Upon findings by the
NCIP and/or DILG that a local government unit has violated any provision of this Act and its
implementing rules and regulations, the sanctions under administrative law, civil service, or
other appropriate laws shall be recommended to the Civil Service Commission (CSC) and/or
Office of the OMBUDSMAN. The person directly responsible for the violation as well as the
head of the agency or local chief executive shall be held liable under this Act.
SECTION 12. Appropriation. The amount needed to carry out the provisions of this
Act shall be included in the appropriations for the office of the NCIP in the General
Appropriations Act of the year following its enactment into law and thereafter.
SECTION 13. Implementing Rules and Regulations. The NCIP in coordination with
the DILG and DBM shall issue within sixty (60) days from the effectivity of this Act, the
necessary implementing rules and regulations for the effective implementation of this Act.
SECTION 14. Repealing Clause. All laws, decrees, executive orders, rules and
regulations, and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.
SECTION 15. Separability Clause. If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.
SECTION 16. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Approved,