NCIP Appointment Requirements Quiz
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Questions and Answers

What is the minimum age requirement for the Chairperson and Commissioners when appointed?

  • 35 years old (correct)
  • 45 years old
  • 30 years old
  • 40 years old

How long can a member of the NCIP hold office?

  • Two years
  • Five years
  • Four years
  • Three years (correct)

Which of the following is NOT a requirement for the Chairperson and the Commissioners of the NCIP?

  • Must have at least ten years of experience in ICC/IP affairs
  • Must be a bona fide member of an ICC/IP
  • Must be a member of the Philippine Bar (correct)
  • Must be a natural born Filipino citizen

Who has the authority to remove a member of the NCIP from office?

<p>The President of the Philippines (D)</p> Signup and view all the answers

What role does the President play in the appointment of the Commissioners of the NCIP?

<p>They must appoint seven Commissioners within 90 days from the Act's effectivity (C)</p> Signup and view all the answers

What is the primary role of the National Commission on Indigenous Peoples (NCIP)?

<p>To formulate and implement policies for ICCs/IPs (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for the appointment of NCIP Commissioners?

<p>Must have a background in archeology (B)</p> Signup and view all the answers

How many Commissioners will compose the NCIP?

<p>Seven (C)</p> Signup and view all the answers

Who has the authority to decide the allocation of lands within an ancestral domain?

<p>The ICCs/IPs concerned (A)</p> Signup and view all the answers

What must accompany the application for the identification and delineation of ancestral land claims?

<p>Testimony under oath of community elders (B)</p> Signup and view all the answers

Which of the following groups is responsible for submitting the list of recommendees for NCIP Commissioners?

<p>Authentic ICCs/IPs (A)</p> Signup and view all the answers

What is the minimum duration for which the publication of the application and supporting documents must appear?

<p>Fifteen days (C)</p> Signup and view all the answers

What is a significant characteristic of the NCIP's composition?

<p>At least two members must be women (D)</p> Signup and view all the answers

What type of support shall the national government provide for ICCs/IPs regarding their archaeological sites?

<p>Financial and technical support (C)</p> Signup and view all the answers

Which document is NOT listed as proof of claim for ancestral lands?

<p>Sworn statements from family members (A)</p> Signup and view all the answers

What additional requirements may the Ancestral Domains Office ask from ancestral claimants?

<p>Submission of Sworn Statements and other documents (B)</p> Signup and view all the answers

What aspect of ICCs/IPs does the NCIP specifically acknowledge and promote?

<p>Their ancestral domains and rights (B)</p> Signup and view all the answers

Which statement regarding the management and preservation of archaeological sites by ICCs/IPs is accurate?

<p>ICCs/IPs have the right to receive earmarked funds for site management (C)</p> Signup and view all the answers

What is the initial amount allocated for the Ancestral Domains Fund?

<p>P130,000,000 (B)</p> Signup and view all the answers

Which source contributes P50,000,000 to the Ancestral Domains Fund?

<p>Philippine Charity Sweepstakes Office (C)</p> Signup and view all the answers

What is required before any department or agency can issue a license or concession?

<p>Certification from the NCIP that there is no overlap with ancestral domain (D)</p> Signup and view all the answers

What is the maximum imprisonment term for violations of the provisions related to ancestral lands?

<p>12 years (A)</p> Signup and view all the answers

Which of the following conditions is NOT required for the issuance of a certification by the NCIP?

<p>Approval from the National Commission on Indigenous Peoples (D)</p> Signup and view all the answers

What penalty can be imposed alongside imprisonment for violations of the Act?

<p>Fines (D)</p> Signup and view all the answers

What must a person who violates the Act also do, aside from serving a sentence?

<p>Pay damages to the concerned ICCs/IPs (B)</p> Signup and view all the answers

What rights do ICCs/IPs have regarding projects that do not meet consultation process requirements?

<p>The right to stop or suspend the projects (C)</p> Signup and view all the answers

What type of lands are exempt from real property taxes under these provisions?

<p>Lands certified as ancestral domains (C)</p> Signup and view all the answers

Which of the following penalties is explicitly forbidden under the penalties section of the Act?

<p>Death penalty (B)</p> Signup and view all the answers

What form of contributions can the NCIP solicit and receive?

<p>Donations, endowments, and grants (B)</p> Signup and view all the answers

What is the maximum duration for which NCIP can request survey teams to delineate ancestral domain perimeters?

<p>Three years after its establishment (C)</p> Signup and view all the answers

What is the minimum fine for violations of this Act?

<p>P100,000 (B)</p> Signup and view all the answers

What must be included in the Memorandum of Agreement with DENR when requesting survey teams?

<p>A provision for technology transfer to NCIP (B)</p> Signup and view all the answers

Which of the following statements is true regarding ancestral domains and taxation?

<p>Exactions from ancestral domains must be used for development (D)</p> Signup and view all the answers

What kind of agreements can governmental agencies not enter into if there is a pending application for a CADT?

<p>All of the above (D)</p> Signup and view all the answers

What is the timeframe specified for the ONCC/OSCC to wind up its affairs after the effectivity of the Act?

<p>Six months (C)</p> Signup and view all the answers

Which agency will receive the assets and properties belonging to the merged offices?

<p>NCIP (A)</p> Signup and view all the answers

What is the composition of the Placement Committee created by the NCIP?

<p>Seven commissioners and an ICCs’/IPs’ representative (C)</p> Signup and view all the answers

What criteria will guide the Placement Committee in selecting personnel?

<p>Criteria of retention and appointment prepared by a consultative body (C)</p> Signup and view all the answers

What will happen to the agreements and contracts entered into by the merged offices?

<p>They will remain in full force and effect unless modified or terminated. (B)</p> Signup and view all the answers

Which areas are specifically mentioned regarding the governance of the City of Baguio?

<p>Lands designated as part of its townsite reservation remain governed by its Charter. (A)</p> Signup and view all the answers

How will the initial financing of the Act's implementation be secured?

<p>By charging against the current year's appropriation of the ONCC and OSCC (B)</p> Signup and view all the answers

What happens to prior land rights and titles recognized before the effectivity of this Act for the City of Baguio?

<p>They shall remain valid. (C)</p> Signup and view all the answers

Flashcards

ICCs/IPs

Indigenous Cultural Communities/Indigenous Peoples

Ancestral Domains

Lands traditionally owned and occupied by Indigenous Cultural Communities/Indigenous Peoples

Promote bio­genetic and resource management systems

Helping Indigenous Cultural Communities/Indigenous Peoples manage their natural resources sustainably (like forests and wildlife)

NCIP

National Commission on Indigenous Peoples

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NCIP's Mandate

Protect and promote the interests and well­being of ICCs/IPs, respecting their culture

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NCIP Composition

An independent agency with 7 commissioners from different regions, including at least 2 women

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Funds for Archaeological sites

ICCs/IPs have the right to receive funds for preserving their archaeological and historical sites

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What is the NCIP's MAIN role?

To support and protect Indigenous Cultural Communities/Indigenous Peoples' rights and well-being

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NCIP Chairperson Qualifications

The Chairperson of the NCIP must be a natural-born Filipino citizen, a bona fide member of an ICC/IP community, have experience in ethnic affairs, and have worked for at least 10 years with an ICC/IP community or a relevant government agency. They must also be at least 35 years old and have proven honesty and integrity.

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NCIP Commissioner Qualifications

NCIP Commissioners must meet the same qualifications as the Chairperson, but also have at least two (2) members of the Philippine Bar among the seven (7) Commissioners.

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NCIP Term of Office

NCIP members serve a term of three years and can be reappointed for another term, but not for more than two terms.

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NCIP Vacancy

If a member of the NCIP leaves office before their term ends, the President appoints a replacement for the remaining term of the predecessor, but no one can be appointed temporarily or acting.

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NCIP Removal from Office

The President can remove an NCIP member from office before the end of their term if they are found guilty of wrongdoing, after due process of law is followed.

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Ancestral Land Claims

These are claims for land ownership by individuals or indigenous groups based on their traditional possession and use.

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Ancestral Lands outside Domains

These are lands claimed by individuals or groups that aren't within an ancestral domain. They require a formal application and documentation.

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Proof of Ancestral Land Claims

Evidence like testimonies from elders, tax declarations, and historical documents are used to support claims.

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Ancestral Land Claim Application Process

Individuals or groups file applications with the Ancestral Domains Office, providing documentation. The application is then published publicly.

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Pending CADT Application

If there's an ongoing claim for ancestral domain rights, no new concessions, licenses, or leases can be issued until the claim is resolved.

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NCIP Certification Process

The NCIP checks if a proposed land use affects an ancestral domain. They investigate the area and need consent from the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) before giving permission.

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Exemption Purpose

Any taxes collected from ancestral domains are used to improve and develop those areas.

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Ancestral Domain Tax Exemption

Land certified as an ancestral domain is exempt from real property taxes, except for areas used for large-scale agriculture, commercial forest plantations, and residential purposes or private ownership.

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Certification Precondition

No government agency can issue a concession, license, or lease on land without first getting permission from the NCIP to ensure it doesn't overlap with an ancestral domain.

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NCIP Surveying Capabilities

The NCIP can temporarily work with the DENR or other private survey teams to identify ancestral domain borders, but only for a maximum of 3 years after its creation.

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Technology Transfer

When the NCIP works with other surveying teams, they include a plan for the NCIP to learn the latest surveying techniques.

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Right to Stop Projects

ICCs/IPs have the right to stop or temporarily halt any project that hasn't properly consulted with them and respected their ancestral domain rights.

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ONCC/OSCC Winding Up

The Offices for Northern and Southern Cultural Communities (ONCC/OSCC) had 6 months to close down after the Indigenous Peoples Rights Act became effective.

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Transfer of Assets

All properties owned by the ONCC/OSCC were transferred to the National Commission on Indigenous Peoples (NCIP) without needing to be bought or sold.

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Contracts and Records Transfer

All contracts, records, and documents of the ONCC/OSCC were moved to the NCIP.

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Placement Committee

The NCIP created a committee to help choose the best people for jobs in the new agency.

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Placement Committee Composition

This committee included 7 commissioners, ICCs/IPs' representatives, NGOs, and POs.

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Baguio Charter

The City of Baguio continued being governed by its own rules (charter).

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Baguio Land Rights

Land rights that existed before the law became effective stayed the same, except for land that became part of Baguio later.

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Initial Implementation Funding

The money needed to start the Indigenous Peoples Rights Act was taken from the funds of the ONCC and OSCC.

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Ancestral Domains Fund

A fund established by the Philippine government to provide compensation for expropriated lands, support the delineation and development of ancestral domains, and cover related expenses.

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Funding Sources for the Fund

The Ancestral Domains Fund receives funding from various sources, including the Philippine Charity Sweepstakes Office (PCSO) lotto proceeds, travel tax receipts, the Social Reform Council, and other sources the government deems appropriate.

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Punishable Acts under the Act

Violating the provisions of this Act, such as unlawful intrusion on ancestral lands or committing prohibited acts, carries legal consequences, applicable penalties include imprisonment and fines.

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NCIP's Fundraising Activities

The NCIP has the authority to collect donations, endowments, and grants, which are exempted from taxes.

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Foreign Funding for ICCs/IPs

Foreign funds allocated for the benefit of ICCs/IPs must be channeled through the National Commission on Indigenous Peoples (NCIP) for proper distribution.

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Customary Laws and Punishment

Penalties for violations of this Act can be determined by the customary laws of the affected indigenous group, unless deemed cruel, degrading, or inhuman.

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Non-Prejudicial to Existing Laws

The Act's provisions do not invalidate the protection offered by existing laws for those who violate its rules.

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Penalties for Violation

Upon conviction for violating the Act, individuals face imprisonment for a minimum of 9 months and a maximum of 12 years, a fine ranging from 100,000 to 500,000 pesos, or both, as determined by the court.

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Study Notes

Republic Act No. 8371 (Indigenous Peoples' Rights Act of 1997)

  • Short Title: The Indigenous Peoples' Rights Act of 1997
  • State Policies: The State recognizes and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of national unity and development
  • Ancestral Domains: Areas traditionally occupied/possessed by ICCs/IPs continuously since time immemorial, including lands, inland waters, coastal areas, and natural resources; subject to Section 56 of the law
  • Ancestral Lands: Land occupied, possessed, and utilized by ICCs/IPs, including residential lots, rice terraces, paddies, private forests, swidden farms, and tree lots
  • Certificate of Ancestral Domain Title: Recognizes possession and ownership rights of ICCs/IPs over their ancestral domains
  • Certificate of Ancestral Lands Title: Recognizes the rights of ICCs/IPs over their ancestral lands
  • Communal Claims: Claims on land, resources, and rights thereon belonging to the whole community
  • Customary Laws: Written and/or unwritten rules, usages, customs, and practices traditionally recognized by ICCs/IPs
  • Free and Prior Informed Consent (FPIC): Consensus from all members of the ICCs/IPs based on their customary laws and practices; free from coercion
  • Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs): Groups of people who are either self-ascribed or ascribed by others as indigenous, with a shared common history, language, customs, and traditions
  • Indigenous Political Structures: Defined by ICCs/IPs, such as Councils of Elders, etc
  • Individual Claims: Claims on land and rights thereon held by individual ICC/IP members
  • National Commission on Indigenous Peoples (NCIP): A government agency to recognize, protect, and promote ICC/IP rights
  • Native Title: Pre-conquest rights to lands and domains, held under private ownership since before the Spanish Conquest

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Related Documents

Republic Act No. 8371 PDF

Description

Test your knowledge on the appointment and roles of the Chairperson and Commissioners of the National Commission on Indigenous Peoples (NCIP). This quiz covers essential requirements, responsibilities, and authority within the NCIP framework. Perfect for those studying indigenous rights and governance in the Philippines.

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