Republic of the Philippines

National Capital Region

REGIONAL TRIAL COURT
Branch 58
Makati City

INDIGENOUS CULTURAL
COMMUNITIES INDIGENOUS
PEOPLES represented by JOSE Civil Case No.R-MKT-22-01403-
ROMEL AGUSTIN MURIO a.k.a. CV
DATU SALIGAN, For: Violation of R.A. No. 8371
Petitioner, Indigenous Peoples Rights
Act of 1997 also known as
- versus - Environmental Law Rule 1
Section 1 and Section of
Environmental Procedure
EDELITO SUMANGIL, ET. AL., of Court that Generally
Respondent. Govern by the
Environmental Regional
Trial Court Branch 58,
Makati City

x --------------------------------------------- x

POSITION PAPER

The respondents, EDDIELITO J. SUMANGIL, JENNIFER R. GERONES,

NILA GRACE PRANADA, ROMAR ANITO, ARNEL APOLINARIO,
JOSELITO ROSALIA, and LEONARDO DELA CRUZ, unto this Honorable
Court, respectfully submits this POSITION PAPER:

I. TIMELINESS

Herein Honourable Court ordered the respondents, to submit within thirty

(30) days to submit their POSITION PAPERS to the complaint of INDIGENOUS
CULTURAL COMMUNITIES INDIGENOUS PEOPLES represented by JOSE
ROMEL AGUSTIN MURIO a.k.a. DATU KASALIGAN. The 30 th day falls on
the 24h day of November 2002, thus this POSITION is submitted within the
required period.

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 II. DISCUSSION

The Indigenous Cultural Communities represented by the complainant JOSE

ROMEL AGUSTIN MURIO a.k.a. DATU SALIGAN does not exist in the
province of Rizal. Furthermore, the Indigenous Cultural Community with
approved certificate of ancestral domains in Tanay, Rizal is the
Dumagat/Remontado and their Indigenous Political Structure (IPS) does not
include an Indigenous Prime Minister.

Indigenous Political Structure (IPS) refer to organizational and cultural

leadership systems, institutions, relationships, patterns and processes for decision-
making and participation, identified by ICCs/IPs such as, but not limited to,
Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or
body of similar nature1. As far as the indigenous cultural communities (ICCs) of
the Philippines, IPS is distinct and different from each and every ICCs. There is
no centralized IPS with an Indigenous Tribal Prime Minister (ITPM) as head. For
the Dumagat/Remontado of Tanay, Rizal, their IPS is per community, which is
one IPS per barangay. The ancestral domains of the Dumagat/Remontado are
composed of ten (10) communities/barangay, and each has their own IPS. Rapu
leads or facilitates the council of elders for the Dumagat/Remontado and with the
Chieftain or Punong-Tribu as their coordinator. Thus, it is strongly denied, that
Jose Romel Agustin Murio is recognized as Indigenous Tribal Prime Minister of
the ICCs/IPs in the Philippines, especially the Dumagat/Remontado of Tanay,
Rizal.

The NCIP Central Office has issued on April 25, 2022 a letter addressed to
the Office of the Solicitor General clarifying and denouncing the claim of Jose
Romel Agustin Murio.

1
Section 3(i), Republic Act No, 8371

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 Thus, Jose Romel Agustin Murio does not have authority to sue in behalf
of the Dumagat Remontado ICCs/IPs, especially the all the ICCs/IPs of the
Philippines.

Herein respondents stand firm that they never caused any demolition of any
structure within the ancestral domain and that in fact, they are IPs themselves
who are the CADT holders of Tanay CADT. On the other hand, Mr. Sumangil is
an employee of NCIP while Mrs. Gerones was an employee of NCIP as she has
retired last June 20, 2021. Moreover, the Petitioner failed to state in particular the
establishments, subdivisions and commercial businesses that were established
within the ancestral domains and where these domains are located.

No facts were established nor stated by petitioner to support the claim of

discriminating the integrity the ICCs/IPs in violation of RA 8371. As to the
violation of Free Prior and Informed Consent (FPIC) relative to the establishment
of office building of the NCIP Tanay Community Service Center is located in J.P.
Rizal, Brgy. Sampaloc, Tanay, Rizal, which is outside the Ancestral Domains of
the Dumagat/Remontado. As to other establishments or facilities mentioned in the
complaint of the petitioner, he failed to state the exact location of such making it
impossible for the respondents to comment, thus denial of said allegation is
maintained.

As to the issues of DOMINGO CASIN JR. and MARILYN SIMON

ALARZAR, MCGREGOR and CAROL C. GALANG, the respondents are not
familiar with the foregoing personalities. As to Sarah and Divine Geronimo and
Manila Water Company, the respondents lack personal knowledge on the
allegations relative to the foregoing.

PETITIONER HAS NO LEGAL PERSONALITY

IN FILING HEREIN CASE

This case was filed by the Indigenous Cultural Communities Indigenous

Peoples represented by JOSE ROMEL AGUSTIN MURIO a.k.a DATU

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KASALIGAN. His representation is by virtue of a General Power of Attorney
signed by Cornelio Carigma Dela Rosa, Ramon Pons Ilog, Dalisay Clausio Dela
Rosa, Remedios Casin Santiago, Aileen Bien Dela Rosa, Meryluna A. Sicosana,
Rowena Casin Alora, Antonio Alaurin Duga, Domingo Gesilva Casin, Jr.,
Marilyn Simon Alarzar, Jerome Tagaro Oclarit, Dionisio Frias Custodio,
Milagros Vertudez Menoza, Elizabeth Piguing Domingo, Simon R. Bolante,
Benildo P. Rivamonte, Blessilda Quitariano Short, Arthur Cocoy Simon, Juanito
M. Domingo, Rosemarie Malana Santiago and Rhinedelo Santiago Verdon.
However, these individuals do not have authority to act in behalf of the
Dumagat/Remontado with matters relating to their ancestral domains. Firstly,
they are not the identified CADT representatives. The AD representatives as
indicated in the CADT application are Zoilo Gerones and Ruben Pranada2.

Furthermore, their claim to be Dumagat/Remontado is not supported by

any proof. The census of ICCs/IPs in Tanay, Rizal 3 from the National
Commission on Indigenous Peoples (NCIP) was submitted to this Honourable
Court to prove that most of the signatories in the General Power of Attorney are
not Dumagat/Remontado as what they claim they are. The Dumagat/Remontado
are only the following: such as Cornelio Carigma Dela Rosa, Milagrosa Vertudez
Mendoza and Elizabeth Piguing Domingo, do not have the authority to act in
behalf of their Indigenous Cultural Community as per their customary laws. The
decision-making process of the Dumagat/Remontado requires consensus among
the members of the Indigenous Political Structure. In this case at bar, no such
documentation of how the decision-making process was conducted in order for
them to decide as to their representatives in herein case or whether or not file
herein case.

As for Jose Romel Agustin Murio, NCIP Central Office through its
Chairperson, Allen A. Capuyan, has officially denounced his claim as Indigenous
Tribal Prime Minister (ITPM) considering that the IPS of each Indigenous

2
Annex 3 of Respondents’ Answer
3
Annex 4 of Respondents’ Answer

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Cultural Communities in the Philippines is not centralized being different and
distinct from each other4.

PETITIONER HAS NO CAUSE OF ACTION

The lengthy petition is a mere puzzle of bits and pieces of laws and
jurisprudence which lacks coherence. There is no clear allegation as to the
specific violation of the respondents. The only violation specifically stated is the
establishment of the NCIP Office without free, prior and informed consent from
the petitioners.

Respondent, Eddielito J. Sumangil and Jennifer Gerones, are the only

respondents connected with NCIP. Thus, it is presumed that the NCIP Office
referred by the petitioner is the one located in JP Rizal, Street, Brgy. Sampaloc,
Tanay, Rizal. The NCIP Rizal Community Service Center serves the
Dumagat/Remontado ICCs/IPs and other indigenous peoples in Rizal Province.
Its existence is by virtue of RA 8371, the very law invoked by the petitioner
against the respondents.

Based on the Ancestral Domain Map of the Dumagat/Remontado CADT in

Tanay, Rizal, the NCIP Rizal Community Service Center is located outside the
ancestral domains. Furthermore, the lot as to where the Office is located is
covered by a Settlement Project of Tanay, Rizal5.

Under Section 56 of RA 8371, clearly states to wit:

“SEC. 56. Existing Property Rights Regimes. - Property rights within the
ancestral domains already existing and/or vested upon effectivity of this
Act, shall be recognized and respected.

4
Annex 5 of Respondents’ Answer
5
Annex 2 of the Respondents’ Answer

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 Thus, the petitioner is wrong in stating that the NCIP Office in Tanay,
Rizal violates Section 59 of RA 8371.

As to the claim of DOMINGO G. CASIN JR., herein respondents do not

even know the complainant nor the address of the complainant. They have never
set foot, much more, caused the demolition of his house. The respondents have
attached herein their Judicial Affidavits as proof thereof6.

As to the complaint of Carol C. Galang, she is an Aeta of Pampanga as per

Judicial Affidavit, thus, she has no connection whatsoever with the
Dumagat/Remontado ICCs/IPs. Likewise, JM Mcgregor Haggens, as stated in the
petition, is located in Surigao del Sur, which is not within the ancestral domains
of the Dumagat/Remontado nor within the jurisdiction of the office of Eddielito
Sumangil or Jennifer Gerones. NCIP Rizal CSC is under NCIP CALABARZON
and its jurisdiction is limited within the province of Rizal, Region IVA,
CAALABARZON. Respondent, Jennifer Gerones, is no longer an employee of
NCIP. She retired as CDO III of NCIP Rizal CSC last June 20, 2021 as certified
by the Administrative and Finance Services Division Chief of NCIP IVA, Juliet
Bernales7.

III. PRAYER

WHEREFORE, premises considered, it is respectfully prayed, to this

Honorable Court, that this case be dismissed outright for lack of personality of the
petitioner to file herein case and for clear lack of cause of action.

Likewise, it is prayed that the petitioner be adjudged to pay the following

damages for filing a baseless action against the respondents and causing them
sleepless nights and anxiety:
a. Moral Damages in the amount of FIFTY THOUSAND PESOS
(Php50,000.00) each;

6
Annexes 6 to 12 of Respondents’ Answer
7
Annex 13 of Respondents’ Answer

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 b. Exemplary Damages in the amount of FIFTY THOUSAND PESOS
(Php50,000.00) each;
c. Attorney’s Fees in the amount of FIFTY THOUSAND PESOS
(Php50,000.00) each; and
d. Cost of suit.

Other reliefs just and equitable are likewise prayed for.

November 24, 2022, Tanay, Rizal for Makati City.

EDDIELITO J. SUMANGIL JENNIFER R. GERONES

NILA GRACE PRANADA ROMAR ANITO

ARNEL APOLINARIO JOSELITO ROSALIA

LEONARDO DELA CRUZ

Copy furnished:

Mr. Jose Romel Agustin a.k.a Datu Kasaligan

Plaintiff
joseromel_mario@yahoo.com

Atty. Ricardo M. Perez

Counsel for the Plaintiff
3460 Lot4-A Barangay Ususan,
LOGCOM Taguig City

EXPLANATION

    Due to distance of office and for lack of available messengers to effect personal
service, copies of the above Position Paper were served on the above-mentioned
parties/counsel and filed with this Honorable Court by registered mail/courrier.
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EDDIELITO J. SUMANGIL JENNIFER R. GERONES

NILA GRACE PRANADA ROMAR ANITO

ARNEL APOLINARIO JOSELITO ROSALIA

LEONARDO DELA CRUZ