Orpiana Dante Midterms2024

MIDTERMS
Name: Dante Y. Orpiana Jr
Section: BS Accountancy
Direction: Read each question carefully. Do not assume facts that are not provided
in the questions. Answer the questions clearly and concisely. Your answer should
demonstrate your ability to analyze the facts, identify issues, apply the law and
jurisprudence, and arrive at a sound and logical conclusion. A mere “Yes” or “No”
answer or a mere legal conclusion without an explanation will not be given full
credit. This is a close notes exam.
I. (5 points)
What is the stat of the status of the indigenous people here in the Philippines in
terms of the protection of their rights?
RA 8371 also known as “The Indigenous Peoples’ Rights Act of 1997” was
created to recognize and promote all the rights of Indigenous Cultural
communities/indigenous Peoples. When it comes to Law, Indigenous peoples are
well-protected, they have so many rights to be part of a functioning society. Even
though they have many rights, there is still news about ICCs/IPs that are abused,
mistreated, and even murdered. Facing historical discrimination, indigenous groups
lack access to social services and economic and political opportunities. Battling
high levels of pervasive illiteracy and unemployment, even accessing a birth
certificate can be a challenge.
II. (5 points)
How can the state promote the vital role of the children and youth of ICCs/IPs in
nation-building and promote and protect their physical, moral, spiritual,
intellectual, and social well-being?
The government pledges to stand behind programs that nurture and uplift
indigenous children and youth, helping them grow into engaged citizens.
Additionally, it will put in place necessary measures to protect the rights of these
young individuals, ensuring they are treated with dignity and fairness.
III. (5 points)
Under what branch of government does the National Commission on Indigenous

Cultural Communities/Indigenous Peoples (NCIP) belong to? Explain why.
The NCIP is part of the Philippine government's executive branch because it's in
charge of putting into action laws, policies, and programs that focus on indigenous
communities and peoples. Its main job is to make sure these groups' rights are
protected and their well-being is looked after. Alongside this, it works to preserve
and celebrate their cultures and traditions.
IV. (15 points)
Name three offices within NCIP and briefly explain their functions.
Ancestral Domains Office - The Ancestral Domain Office has the important job of
identifying, mapping out, and officially recognizing ancestral lands and domains.
It's also responsible for managing these areas according to a carefully crafted plan
while ensuring the rights of Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs) as outlined in Chapter III of the law. Moreover, it plays a crucial role in
safeguarding the interests of ICCs/IPs when it comes to any activities that might
affect their ancestral domains, such as resource exploitation. Before any licenses or
permits are granted for such activities, the office must obtain the free and informed
consent of the ICCs/IPs involved. Additionally, it supports ICCs/IPs in protecting
the integrity of their ancestral domains and carries out other tasks as directed by
the Commission.
Office on Policy, Planning, and Research - The Office on Policy, Planning, and
Research is in charge of creating the right policies and programs for Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs), including drafting a
comprehensive Five-Year Master Plan. This plan is regularly reviewed every five
years to adapt to changing circumstances. Additionally, the office is responsible for
recording customary laws and setting up a Research Center to store ethnographic
information. This center will help monitor, evaluate, and shape policies.
Furthermore, the office collaborates with the legislative branch to develop laws
that benefit ICCs/IPs.
Office of Education, Culture, and Health - The Office on Culture, Education, and
Health is tasked with effectively putting into action the education, cultural, and
associated rights outlined in this law. It works to assist, encourage, and back
community schools—both formal and informal—aimed at benefiting the local
indigenous community, particularly in areas where accessing existing educational
facilities is challenging for indigenous members. The office manages all
scholarship programs and other educational privileges meant for Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) in collaboration with the
Department of Education, Culture, and Sports, as well as the Commission on
Higher Education. It also carries out a special program, within budget constraints,
covering language and vocational training, public health, family assistance, and
related areas.
V. (15 points)
Give at least five proofs required for Ancestral Domain Claim.
1) Written accounts of the ICCs/IPs customs and traditions;
2) Written accounts of the ICCs/IPs political structure and institution;
3) Pictures showing long-term occupation such as those of old

improvements, burial grounds, sacred places, and old villages;
4) Historical accounts, including pacts and agreements concerning

boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;
5) Survey plans and sketch maps;

VI. (5 points)
How can the state address the concerns of IPS/ICCs about their problem with land
grabbers who use violence to take over their land?
According to the RA 8371 SECTION 72. Punishable Acts and Applicable

Penalties. — Any person who violates any of the provisions of this Act, such as,
but not limited to, unauthorized and/or unlawful intrusion upon any ancestral lands
or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited
acts mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof,
shall be punished by the customary laws of the ICCs/IPs concerned: Provided, That
no such penalty shall be cruel, degrading or inhuman punishment: Provided,
further, That neither shall the death penalty or excessive fines be imposed. This
provision shall be without prejudice to the right of any ICCs/IPs to avail of the
protection of existing laws. In which case, any person who violates any provision
of this Act shall, upon conviction, be punished by imprisonment of not less than
nine (9) months but not more than twelve (12) years or a fine of not less than one
hundred thousand pesos (P100,000) nor more than five hundred thousand pesos
(P500,000) or both such fine and imprisonment upon the discretion of the court. In
addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage
may have been suffered by the latter as a consequence of the unlawful act.
- Goodluck –

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MIDTERMS

Name: Dante Y. Orpiana Jr

Under what branch of government does the National Commission on Indigenous

IV. (15 points)

Give at least five proofs required for Ancestral Domain Claim.

1) Written accounts of the ICCs/IPs customs and traditions;

2) Written accounts of the ICCs/IPs political structure and institution;

3) Pictures showing long-term occupation such as those of old

4) Historical accounts, including pacts and agreements concerning

5) Survey plans and sketch maps;

According to the RA 8371 SECTION 72. Punishable Acts and Applicable

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