Practice question
An ICC/IP member transfers ancestral land rights to another member of the same community. An adviser says community customary laws and traditions are irrelevant because every transfer is governed only by the adviser’s preferred private form. Which IPRA rule directly applies?
- Only a developer can authorize community transfers
- The transfer right among members is subject to the concerned community’s customary laws and traditions
- No member may ever transfer any individual land right
- A private form repeals Section 8
- Every such transfer necessarily makes the land a foreign State’s territory
Legal references
- RA 8371, Indigenous Peoples’ Rights Act, Chapters I–III: https://lawphil.net/statutes/repacts/ra1997/ra_8371_1997.html; Section 8(a).
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