Republic of the Philippines

OFFICE OF THE PRESIDENT

NATIONAL COMMISSION ON INDIGENOUS PEOPLES
Quezon City

IN RE OPPOSITION TO THE
BUGKALOT/ILONGOT TRIBE’S (BIT):
DECLARATION OF THE EXERCISE
OF PRIORITY RIGHT (EPR)

BUGKALOT ILONGOT TRIBE (BIT) or

BUGKALOT INDIGENOUS CULTURAL COMMUNITY (BICC)
Applicant-Appellant

-versus- NCIP CASE No. AC-001-2021

INDIGENOUS PEOPLES (IP) OF KASIBU

namely TUWALI, AYANGAN and NON-BUGKALOT IPs
and the MUNICIPAL AND BARANGAY LOCAL GOVERNMENT
OF KASIBU,
duly authorized by their respective Council of Elders,
Oppositors-Appellees,

and the

INDIGENOUS PEOPLES (IP) OF QUIRINO

namely TUWALI, AYANGAN and NON-BUGKALOT IPs
and the MUNICIPAL AND BARANGAY LOCAL GOVERNMENT
UNITS OF THE PROVINCE OF QUIRINO
duly authorized by their respective Council of Elders,
Intervenors-Oppositors-Appellees,

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

OMNIBUS MOTION
(1) TO DENY OR NOT TO ACKNOWLEDGE THE BIT’S
DECLARATION OF EPR;

(2) TO EXPUNGE FROM THE RECORDS THE LETTER OF

ENGR. NEIL C. GUILLEN OF FDC CASECNAN HYDRO
POWER CORPORATION FOR LACK OF LEGAL
STANDING

MAY IT PLEASE the Honorable Commission. Oppositors

respectfully state that:

1. In a Decision dated July 15, 2020, the Honorable

Commission ruled:

“ WHEREFORE, premises considered, the appeal is hereby

DISMISSED for failure of applicant-appellant to perfect the same
and for lack of merit.

On the matter regarding the conduct of FPIC process and the

acknowledgment of the Exercise of Priority Rights (EPR), the same
are hereby remanded to the ADO for appropriate action and
recommendation.

SO ORDERED.”

2. It is worthy to note that as early as July 21, 2020 and

October 23, 2020, Oppositors have filed a MOTION TO DENY
OR NOT TO ACKNOWLEDGE THE BIT’S DECLARATION OF
EPR and SUPPLEMENTAL MOTION FOR THE DENIAL OF THE
BIT’s DECLARATION OF EPR, respectively;

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 3. It is also humbly submitted that the dismissal of the main
relief sought, that is, the BIT’s application/recognition for
CADT expansion, from which the derivative rights of FPIC
and EPR are anchored have no more leg to stand on;

4. Nevertheless, the remand of the case to the ADO and later

to the NCIP-Regional Office confirms the fact that the
proposed hydropower site is located OUTSIDE of the BIT’s
existing and approved CADT.

ARGUMENTS AND DISCUSSIONS

I. THERE IS NO FACTUAL AND LEGAL

BASIS FOR THE BIT’S DECLARATION
OF EPR

The Regional Director, Atty. RONALDO M. DAQUIOAG, in his

letter dated October 29, 2021 stated in part that:

“. . . the location of the Weir structure is outside of the

registered Ancestral Domain (AD) of the Bugkalot/Ilongot
IPs/ICCs.” (Underscoring supplied.)

A copy of the letter and its attachments are collectively

attached.

Taking into account that a composite NCIP-Validating

Team from the Provinces of Nueva Vizcaya and Quirino
headed by the Regional Office validated the proposed
hydropower project to be OUTSIDE of the BIT’s registered,
existing and approved CADT, the Declaration is BEREFT of
factual basis and consequently, wanting any legal
justification.

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 II. ENGR. NEIL C. GUILLEN LACKS
THE REQUISITE LOCUS STANDI TO
AMEND THE BIT’S DECLARATION OF
EPR

In the attached correspondence between the Regional

Director, Atty. Daquioag, and one Engr. Neil C. Guillen, the
latter manifested, among others, that:

a. “the coordinates or data that were provided to Engr.

Sonny Q. Willie. . . readily show that the weir facility
is well within the boundaries of the BIT’s ancestral
domain”;
b. “the location of the weir facility and/or any other
facilities/structures is immaterial and irrelevant.”

We refute thus:

IIa. A deliberate change in the coordinates is

intended to mislead the Honorable
Commission hence, contumacious

A comparison of the BIT’s Declaration and the

representation made by Engr. Neil C. Guillen will
show a deliberate change in the coordinates
purposely to draw the weir facility inside the BIT’s
recognized and issued CADT, to wit:

* WEIR FACILITY
-FROM   16°15'51.91"N  (latitude)      TO      16°15'44.91"N (latitude). 
-FROM    121°26'19.62"E (longitude)      TO    121°25'6.82"E (longitude)

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IIb. Any amendment of the BIT’s Declaration
of EPR requires consent from the affected IP
Community. Declaration per se is not allowed
under the EPR Guidelines

Any amendment to the BIT’s Declaration of

EPR including the coordinates stated therein
requires the consent of the affected IP Community
otherwise, the BIT are derived of giving their
informed consent to the amendment.

So too, a radical change in the theory of the

case by laying the theoretical foundation of a
Declaration per se without the EPR Plan should not
be allowed.

Part VII Section 50 (3) of NCIP

Administrative Order No. 3 Series of 2012 speaks
of the Declaration of EPR and EPR plan.

The EPR plan is therefore an integral

component of the Declaration itself. Without the
activity/ies embodied in an EPR plan to be
introduced within the AD, the IP community
cannot properly evaluate and assess project
proposals that will have significant impact on their
lives.

To amend the Declaration at this late stage

is, in effect, a NOVATION requiring the basic

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 element of consent from the affected IP
Community.
Prescinding from the above-discussions, Engr. Neil C. Guillen
lacks proper legal standing to make representation or in any way
intervene in the process conducted by the Honorable
Commission.

First, there is no proof that he is authorized by FDC

Casecnan hydropower Corporation to act in its behalf;

And second, Engr. Guillen is not a member of the BIT and he

has no authority to represent them.

Oppositors therefore respectfully move that it be EXPUNGED

from the records for being UNAUTHORIZED and UTTERLY
MISLEADING.

In sum, Oppositors most respectfully pray that:

1. The Declaration of EPR has no factual and legal standing

as shown in the result of the Field Validation conducted by
the NCIP Regional Office and the Field Offices of Nueva
Vizcaya and Quirino and therefore it is high time that it be
DENIED;

2. The misrepresentations in the coordinates should be

properly dealt with;

3. The representations made by persons who are not

properly authorized should be expunged from the records.

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 Finally, the Oppositors beg the kind indulgence of the
Honorable Commission for the early resolution of the unfounded
BIT’s Declaration of EPR since this is the only issue left after it
correctly denied the application for CADT expansion.

OPPOSITORS pray for such other just and equitable reliefs.

11 November 2021. Rizal for Quezon City

ATTY. MARK ANTHONY LUMAUIG TEODORO

For the Oppositors
2nd Floor Ignacio Bldg.
53-C Gen. Luna St. Banaba
San Mateo, Rizal
Email add: attymarkteodoro@gmail.com
PTR No. 15581475A/01.04.2021/San Mateo, Rizal
ROA No. 71283
IBP No. 141629 / 01.05.2021 / Quezon City
MCLE Exemption No. VI – 001883 until 04.14.2022

Copy furnished via private courier due to appellant’s failure to

provide his electronic mail address or that of his representative.

SALDO S. CATAO
Brgy. Paquet
Kasibu, Nueva Vizcaya