Republic of the Philippines

Province of Zamboanga del Norte

Municipality of Baliguian
(Baliguian Subanon Council of Elders and Leaders)

THE LOCAL GUIDELINES FOR THE SELECTION PROCESS OF

THE INDIGENOUS PEOPLES MANDATORY PRESENTATIVE IN
THE LOCAL LEGISLATIVE COUNCIL PURSUANT TO SECTION 16
OF REPUBLIC ACT NO. 8371 OTHERWISE KNOWN AS
INDIGENOUS PEOPLES RIGHTS ACT OF 1997

PROMULGATION AND ADOPTION OF IPMR LOCAL GUIDELINES

Municipal/Barangay IP Mandatory Representation

Preliminary Provision

These Guidelines are promulgated pursuant to NCIP

Administrative Order No. 001 series of 2009 to set up the process
and mechanisms for the selection of the IP Mandatory
representation of Indigenous Peoples in the Sangguniang Bayan
and Sangguniang Pambarangay of the Municipality Baliguian,
Province of Zamboanga del Norte in accordance with sec. 16 of
Republic Act 8371 otherwise known as Indigenous Peoples Rights
Act of 1997 (IPRA).

Section 1. Title. These Guidelines shall be known as the Local

Guidelines governing the Selection Process of the Indigenous
Peoples Mandatory Representative in the Sangguniang Bayan and
Sanguniang Pambarangay in the Municipality of Baliguian,
Zamboanga del Norte.

Section 2. Definition of Terms.

a) Ancestral Domains – refers to all areas generally belonging to

ICCs/IPs comprising lands, inland waters, coastal areas, and
natural resources therein, held under a claim of ownership,
occupied or possessed, by ICCs/IPs, 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.

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b) Ancestral Lands – refers to land occupied, possessed and
utilized by individual, families and clans, who are members of
ICCs/IPs 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 consequence of
government projects
c) Certificate of Affirmation (COA) – a public document issued
by the Regional Director of NCIP, signifiying that all the
requirements provided for by the law are regularly complied
with as the same could not be issued without evaluating the
documents and the result of the entire selection process.
Once COA is issued in favor of the concerned representative,
it carries with it the presumption of regularity in the
performance of duty on the part of the issuing authority.
d) Certificate of Recognition (COR) – the document issued by
the Regional Director of DILG, recognizing that all
requirements provided by law are regularly complied with
through facilitation of the NCIP office.
e) COMELEC - Commission on Election.
f) Consensus Building. It refers to that part of the decision-
making process undertaken by the ICCs/IPs through their
socio-political structure and practices in arriving at a
collective/communal decision.
g) Customary laws. Refers to a body of written and unwritten
rules, usages, and customs and practices traditionally
observed, accepted and recognized by respective ICCs/IPs.
h) Customs and Practices. Refers to norms of conduct and
patterns of relationship usages of a community over time
accepted and recognized as binding on all members.
i) Community Intellectual Rights. Refer to the rights of
ICCs/IPs to owned, control, develop and protect the past,
Present and future manifestation of their cultures.
j) Department of Interior and Local Government (DILG).
Refers to the office created under R.A 7160, the lead agency
to implement the mechanism of Local Government Unit.
k) Indigenous Cultural Communities/ Indigenous Peoples
(ICCs/IPs). Refers to a group of people or homogenous
societies identified by self-ascription and ascription by other,
who have continuously lived as organized community on
communally bounded and defined territory, and who have,
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 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 have, through resistance of political, social
and cultural inroads of colonization, non-indigenous religions
and cultures, become historically differentiated from majority
of Filipinos. ICCs/IPs shall likewise include peoples who are
regarded as indigenous on account of their descent from the
population which inhabited the country, at the time of
conquest or colonization, or at the time inroads of non-
indigenous religions and cultures, or the establishment of
present state boundaries, who retain some or all of their own
social, economic, culture and political institution, but who
may have been displaced from their traditional domains or
who may have resettled outside their ancestral domain.
l) Indigenous Political Structure. Refers to organizational and
cultural leadership system, institution, relationship, patterns
and processes for decision-making and participation,
identified by ICCs/IPs such as but not limited to, Council of
Elder, Council of Timuays, Bodong Holders, or any other
tribunal or body of similar nature.
m) Indigenous Elder/Leader. An indigenous elder/leader
emerges from the dynamic of customary laws and practices,
he/she evolves from the lifestyle of conscious assertion and
practice of traditional values beliefs. He/she is recognized as
authority in conflict resolution and in doing so possess the
attributes of the wisdom and integrity. He/she leads and
assists the community in decision-making processes towards
the protection and promotion of their rights and sustainable
development of their ancestral domain.
n) Indigenous Peoples Rights Act (IPRA) . Heretofore, the Act
shall refer to Republic Act 8371.
o) Information Education Campaign (IEC). Refers for giving
community information to the members of ICCs/IPs
community for awareness/enhancement pertaining to any
programs, projects of NCIP office.
p) Indigenous Peoples Mandatory Representative (IPMR).
Refers to the duly selected IP mandatory representative as
contemplated in Section 16 of R.A 8371, to wit: Right to
Participate in decision-making. The ICCs/IPs have the rights
to participate fully, if they choose, at all level of decision-
making in matters which may affect their rights, lives and
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 destinies through procedures determined by them as well as
to maintain and develop their own Indigenous political
structures. Consequently, the State shall ensure that the
ICCs/IPs shall be given mandatory representation in policy-
making bodies and other local legislative councils.
q) Local Government Unit (LGU. Refers to local government
offices under DILG of R.A 7160
r) National Commission on Indigenous Peoples NCIP. Refers
to the government office created by virtue of R.A 8371
known as Indigenous Peoples Rights Act (IPRA), under the
Office of the President. It is the lead agency to facilitate the
bundles of rights of indigenous peoples.
s) (BSCEL) Baliguian Subanon Council of Elders and Leaders
within the Ancestral Domain area.

Section 3. Selection Process.

a. Sangguniang Pambarangay-IPMR

The participants to the general assembly called for in

selection of the IPMR will be from the entire Subanon
Community in the Barangay or in the case where there
are other IP population in the aforesaid barangay, one
(1) representative from each household for each IPs
sub tribe within the community.

b. Sangguniang Bayan-IPMR

The participants as delegates to the general assembly

called for the selection of the Municipal IPMR will be
from the barangay’s Council of elders/Leaders within
ancestral domain. The target participant shall be three
(3) representatives from the traditional and ancestral
domain leaders, one (1) representative from women
and one (1) representative from youth per barangay.

Section 3-A. Manner of Selection.

The selection process has to be in accordance with

the customary and traditional laws and practices applied
for decision making process through consensus building
procedure.

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 Section 3-B. Sangguniang Pambarangay.

During the actual selection process for the Barangay

IPMR, only the members of the legitimate council of
BSCEL of the ancestral domain shall participate in the
selection. Other delegates shall witness in the selection
process proceeding.

Section 3-C. Sangguniang Bayan.

During the actual selection process for the

Municipal IPMR, only the legitimate recognized barangay
traditional council of elders/leaders of the ancestral
domain/land shall participate in the selection process.

Other delegates in the general assembly shall serve

as the witness of the selection.

The NCIP shall facilitate in the selection process

and the DILG will observe the process but shall not
interfere therein.

Section 4. Qualifications. The Indigenous Peoples Mandatory

Representative in the Sangguniang Bayan and Sanguniang
Pambarangay shall possess the following as minimum
qualifications:

a) Must be natural born Filipino citizen as exemplified by his/her

authenticated birth records such as birth certificate or any
reliable proofs.
b) Must be a registered voter in the place where he/she intends
to assume office wherein the applicant is required to comply
the following document/s as proof of evidence such as voters
affidavit or voters certification issued by the Commission on
Election (COMELEC).
c) Must be bona fide IP by blood and an acknowledge leader of
the Indigenous Cultural Communities/Indigenous Peoples of
which he/she is a member, and has continuously engaged in

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 ICCs/IPs undertaking, setting up a track of records of services
for ICCs/IPs in a IP Community certified by National
Commission on Indigenous people (NCIP) through its
designated Provincial Office upon endorsement by the concern
NCIP Community Services Center.
d) Must be of good moral character and not convicted of any
crime and shameful act. The recognized and legitimate Council
of elders in the community must issue a certificate of good
moral to the interested applicant.
e) Must be a member of Indigenous Cultural
Communities/Indigenous People and be able to speak fluently
the native language or dialect of the community.
f) Must be knowledgeable to the Customs and Traditions of the
Subanon tribe such as, but not limited to, conflict
resolutions, marriage rites, and other economic activities;
g) Actual resident of the community he/she represent or at least
an original member by birth of the covered ancestral
domain/land.
h) Must be able to read and write. The school records will serve
as proof of evidence to include but not limited to the following:
a. Diploma
b. Transcript of Records
c. Report Card
d. Certification from the school where you enrolled.
i) Any permanent or regular government or regular government
employees. However, to be qualified, he must resign from post
prior to his assumption into office as IPMR.
j) Must be 35 years old and above.
k) Must be of sound mind.

Section 5. Disqualifications. The following person shall be

disqualified from seeking support and endorsement for IP
Mandatory Representation in Sangguniang Bayan and Sangguniang
Pambarangay.

a) Convicted by final judgement by the council of elders/leaders

of concerned ICCs/IPs for violating their customs and
traditions.
b) Sentence by final judgement for an offense involving moral
turpitude or for and offense punishable by one (1) year or
more of imprisonment, or within two (2) years after sentence.
c) Remove from office as a result of an administrative case.

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 d) Convicted by final judgment for violating the oath of allegiance
to the Republic of the Philippines.
e) Those with dual citizenship.
f) Fugitive from justice, inside or outside the country.
g) Permanent resident in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the
right.
h) Any permanent or regular government employee who refuse to
resign from post prior to his assumption into office as IPMR.
i) The insane or feeble minded based on the findings of the
competent authorities.

Section 6. Nomination.

1. The manner of nomination/expression of intent of IPMR/s

aspirants.

After the conduct of the information and education campaign

(IEC) by personnel from the NCIP office, nomination for
aspirants will follow who will be included in the list of
nominees. Each of the nominee shall submit two (2) original
copies of his letter of intent as IPMR aspirant. The documents
expressing such intent shall be submitted to the Council of
Elders.

2. A selection committee compose of seven (7) members shall be

organized and they shall select among themselves who will be
the presiding officer over the selection process and the rest are
members. Another member shall be designated as Secretary
who will receive the documents submitted by the
aspiratns/nominees. They will assume duties right after the
conduct of the IEC. The members of this committee shall be
taken from among the members of the BSCEL. For the
purpose of this guideline, their function it to review the
qualifications of the aspirants, to recommend for the validity of
documents and finalize/declare that the nominees are now
ready for the selection process.

Selection 7. Community Confirmation/Declaration of the

selected IPMR.

The selection committee members will rule up to

formally declare and confirm the selected winning IPMR.

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 VACANCY

Section 8. The nearest educationally qualified immediate member

of the family, i.e: husband/wife, son, daughter, of the IPMR shall
finish the remaining term in case of vacancy caused by death or
incapacity but not by resignation, recall or removal. The filling up of
the vacant IPMR position shall be supported by a Resolution of the
BSCEL copy furnished all levels of NCIP and DILG offices as well as
the Local Sangguniang Bayan and the Local Chief Executive. In
case non is qualified among the immediate family members, then a
selection shall be held.

Section 9. Preparation before the expiration of the term of the

incumbent IPMR. The preparation and processing of the required
documents of the next IPMR must at least be three (3) months
before the expiration of the term. Likewise, in cases of re-
endorsement, if there is any, to give ample time for the
documentation process.

TERM OF OFFICE

Section 10. The term of office of the selected IPMR to the

Legislative Council/Sangguniang Bayan shall be for a period of
three (3) years or one (1) term from the date of assumption to office
and may be re-endorsed for another term if the BSCEL so desires
but in no case shall the IPMR will serve for more than three (3)
consecutive terms.

RECALL PROCEDURE

Section 11. Grounds for Recall/Removal shall be based on the

rules formulated under Article IX Section 23-A to Section 23-D.

Section 12. Any member of the BSCEL or from the IP community

can file a petition for recall/removal to be submitted to the
chairman of the Committee of Gukom copy furnished the Local
Sangguniang Bayan, NCIP Provincial and Regional Offices as well as
the DILG Municipal, Provincial, and Regional Offices.

Section 13. The committee of Gukom shall conduct the hearing at

least three (3) days after receiving the compliant to be presided by
the designated chairman with the BSCEL Secretary and BSCEL
alternate Secretary together with three (3) BSCEL members
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designated by the BSCEL. The rest shall serve as members of the
panel.

ARTICLE IX
FILING OF ADMINISTRATIVE DISCIPLINARY ACTION

Section 14. Any member of the BSCEL or from the IP community

can file a complaint supported with strong evidence together with a
witness/es who are credible members of the IP Community to be
submitted to the Chairman of the Committee of Gukom. Grounds
for disciplinary action and its corresponding penalties are as
follows, viz;

Section 14-A. Indulging in vices, such as illegal drugs, gambling

and immoral acts.

1st offense – warning

2nd offense – warning
3rd offense – Recall/Removal

Section 14-B. Non-Performance of Functions/Incompetency

1st offense – warning

2nd offense – two (2) months suspension
3rd offense – Recall/Removal

Section 14-C. Violation of Customary Laws/Disrespect of fellow

Elders

1st offense – warning

2nd offense – two (2) months suspension
3rd offense – Recall/Removal

Section 14-D. Violation of the Local Guidelines

1st offense – warning

2nd offense – two (2) months suspension
3rd offense – Recall/Removal

Section 15. Filing a formal complaint by any member of the BSCEL

duly sworn before it shall be submitted to the chairman committee
of Gukom. During the scheduled hearing the complainant should
be present together with his/her credible witness. The complaint
shall be read to the respondent and shall be given the opportunity
to defend himself/herself by answering the charges.

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Section 16. The sanctions shall be lifted only after careful
deliberation of the complaint and evaluated by the committee of
Gukom through a formal Recommendation/Resolution of the case.

MANNER OF RE-ENDORSEMENT

Section 17. Indigenous peoples Mandatory Representative can be

re-endorsed for another term by the ICCs/IPs constituents but in
no case-shall serve for more the three (3) consecutive terms.

Section 18. Indigenous Peoples Mandatory Representative can be

re-endorsed for another term through a Resolution duly approved
by the BSCEL.

OTHER PROVISIONS

Section 19. The selected IPMR is obliged to appropriate funds for

the office maintenance, staff honorarium and community services.

ARTICLE XIII
AMENDMENT OF THE LOCAL GUIDELINES

Section 20. Prevailing situation or reasons why the Local

Guidelines will be amended as the need arises. When there are
provisions that are already inappropriate or may be obsolete,
amendments to these guidelines shall be proposed by any member
of the community or member of the BSCEL.

Section 21. Who will decide for the proposed amendments. The
regular members of the BSCEL who constitute a Quorum shall
decide and approve for the proposed amendments.

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 RATIFICATION OF THE LOCAL GUIDELINES

Section 22. These Local Guidelines shall be ratified/adopted

during the scheduled general assembly meeting of the regular
members of BSCEL.

EFFECTIVITY

Section 23. This Local Guidelines once ratified, approved, and duly
signed shall take effect fifteen (15) days after it has been posted in
a conspicuous place every barangay of the IP Community of
Baliguian, Zamboanga del Norte.

Approved this_________________, at Baliguian, Zamboanga del

Norte, Philippines.

ESPIGIO G. SUANA AGUILE ABONG

Timoay/Gukom Timoay-Paatan/Gukom
Mamawan, Baliguian, ZN Malinao, Baliguian, ZN

LUWADING S. LUCMAN MEY MUDJAH

Timoay/Gukom Timoay-PAATAN/Gukom
Diculom, Baliguian, ZN Millidan, Baliguian, ZN

DIANO S. GUMAMAY NANDING BUYONG

Timoay Timoay
Tamao, Baliguian, ZN Aligria, Baliguian,ZN

ASID BANGUIH AVILINO COMPIS

Timoay Timoay
Mamad, Baliguian, ZN Lumay, Baliguian, ZN

SONNY ALIPAN
Gukom
Brgy.Kilalaban, Baliguian,ZN

GONOH LUMIMBA
Timuay
Brgy.Kauswagan, Baliguian,ZN

ANTONIO FUNTIVELLA FRED DIALON

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Timoay Timoay
Brgy. Diangas, Baliguian, ZN Brgy.Linay, Baliguian, ZN

AY PEE A. ATONG MEY MUDIA

Gulo Gukom/Mun.Tribal Chieftain Timoay-Paatan
Mun. Baliguian, ZN Brgy.Diculom, Baliguian,ZN

JOVIER NALUG MEY MUDIA

Gukom/Brgy, Captain Timoay-Paatan
Brgy.Milidan, Baliguian, ZN Brgy.Diculom, Baliguian, ZN

DANG LUMIMBA LENETH DOMIN

Council of Elder Council of Elder
Brgy. Kauswagan, Baliguian, ZN Brgy.San Jose, Baliguian, ZN

ALAN LUCMAN LOLITA PAPOD

Gukom/Soliling Council of leader/brgy.Capt.
Brgy.Malinao, Baliguian, ZN Brgy.Mamad, Baliguian, ZN

REY GUMAMAY JUL ASRI KIYA

Gukom/Timoay Gukom/Elder
Brgy.Poblacion, Baliguian, ZN Brgy.Mamawn, Baliguian, ZN

KUSAN KIYA PATRING NALUG

Gukom/Brgy.Capt Council of Leader
Brgy.Mamawan, Baliguian, ZN Brgy.Milidan, Baliguian, ZN

LUMINA TIMOL RUDY L. ALASAN

Council of Leader Timuay
Brgy.Poblacion, Baliguian, ZN Milidan,Bac.ZN

LIANSON P. HABJAL NELIE A. NECESARIO

Council of Elder Council of Elder
Mulidan, Bac.ZN Milidan, Bac, ZN

JIMMY G. SIMBAWAN BENJAMIN T. ATOG

Council of Elder Gukom/Elder
Linay, Bal, ZN Poblacion, Baliguian,

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