Hanston

Balonan
3-D

Thesis Outline

A. Thesis Statement:

After the June 18, 2018 award of CADTs to the Ayta Tribe of Sitio Kanawan in Morong,
Bataan, RA 7227, also known as the Bases Conversion and Development Act of 1992, should be
stricken down as illegal for its violations of the Indigenous People’s Rights to protection from
unauthorized and unlawful intrusions, participation on decision making, determination and
decision on priorities for development, and self- governance as found in Indigenous Peoples’
Rights Act of 1997 (IPRA) and unconstitutional for violations of indigenous peoples’ rights found
in Article 2 Section 22, Article 12 Section 5, and Article 13 Section 6 of the Philippine
Constitution.

B. Working Answer

With the approval of the CADTs of the Ayta Tribe of Sitio Kanawan located within the Subic
Special Economic Zone, there is an apparent overlap between the authority provided by RA
7227 section 13 to the Subic Bay Metropolitan Authority over the areas within the Subic Special
Economic Zone and the legal and constitutionally recognized rights of indigenous peoples under
the IPRA.

C. Legal Basis
a. RA 7227 (Bases Conversion and Development Act)
i. Section 12- Subic Special Economic Zone
ii. Section 13- Subic Bay Metropolitan Authority
iii. Section 14- Relationship with Conversion Authority and the Local
Government
b. IRR of Subic Special Economic Zone and Subic Bay Metropolitan Authority
i. Sec 4 (a &c)- Rules of Interpretation
ii. Sec 7- Composition of the Board
iii. Sec 10- Power and Functions of SBMA
iv. Sec 11- Responsibilities of SBMA
v. Sec 12- Best Use of SBMA Properties
vi. Sec 14- General Land Use Plan
c. RA 8371 (IPRA)
i. Sec 3 (g)- Free prior informed consent
ii. Sec 7 (b)- Right to develop lands and natural resources
iii. Sec 10- Unauthorized and unlawful intrusions
iv. Sec 13- Self- Governance
v. Sec 16- Right to participate in decision making
vi. Sec 17- Right to determine and decide priorities for development
 vii. Sec 57- Natural Resources within Ancestral Domains
viii. Sec 65- Primacy of Customary Laws and Practices
ix. Sec 66- Jurisdiction of the NCIP
x. Sec 69- Quasi-Judicial Function of NCIP
d. 1987 Philippine Constitution
i. Article 2 Section 2- The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of international
law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations
ii. Article 2 Section 22- The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national unity
and development
iii. Article 12 Section 5- The State, subject to the provisions of this
Constitution and national development policies and programs, shall
protect the rights of indigenous cultural communities to their ancestral
lands to ensure their economic, social, and cultural well-being
iv. Article 13 Section 6- The State shall apply the principles of agrarian
reform or stewardship, whenever applicable in accordance with law, in
the disposition or utilization of other natural resources, including lands of
the public domain under lease or concession suitable to agriculture,
subject to prior rights, homestead rights of small settlers, and the rights
of indigenous communities to their ancestral lands.
e. UN Declaration on Rights of Indigenous Peoples
i. Article 3-4- Right to self-determination
ii. Article 18- Participation in decision making
iii. Article 19- Free and prior informed consent
iv. Article 26- Right to own, use, develop, control traditional land and
resources
v. Article 28- Rights when lands and resources are wrongfully taken away
vi. Article 32- Land and resource development


D. Recommendation
a. Amend RA 7227
i. Remove CADT area from the scope of Subic Special Economic Zone and
SBMA
ii. Add provisions requiring any decision making process to include the
participation of the indigenous community