Republic of the Philippines

OFFICE OF THE PRESIDENT

NATIONAL COMMISSION ON INDIGENOUS PEOPLE
6th & 7th Floor Sunnymede IT Center Bldg, Quezon Avenue, Quezon City

February 2, 2024

JENNIFER SIBUG LAS LEMPAYIN

Chairperson

THRU: MERVYN ESPADERO

NCIP Executive Director

Sir/Madam:

Greetings!

In behalf of my clan, I would have wanted to wish all of us a bountiful and prosperous
New Year. Unfortunately, our quest for transparency, equality and freedom from oppression
had not been resolved for almost three (3) years now. And so, I cannot wish the same for my
community.

Please be informed that in the early part of 2020, the KAFUGAN MINING
INCORPORATED (KMI) entered and operated inside the Sectoral Domain of Dagodoy-
Jusay Clain in Barangay Pantukan, Carrascal, Surigao del Sur. We were surprised but we
gave them opportunity to present and/or to negotiate with our elders. These never
happened. Thus, in 2021, our clan set up barricades because their entry and operation was
illegal, as far as we are concerned.

We were helpless since even our Tribal Chieftain, Engwan S. Ala did nothing to
protect the interest of our sector. We wrote to the Office of the President, with then Pres.
Rodrigo R. Duterte. Regional Director Rocero was ordered to act upon our complaint. He
issued a Memorandum to the NCIP Service Center in Carrascal, Surigao del Sur. A meeting
was then conducted by our Tribal Chieftain Engwan S. Ala. To our dismay, the meeting was
not to clarify our stand and interest in our sectoral domain. We were lectured and humiliated
in front of the community, as we were the ones pointed as ungrateful by Engwan S. Ala, with
the NCIP Representative uttering not even a word.

This year, we find hope with the new set of officials in the NCIP. We find hope in you.
Thus, again, we are knocking in your doorstep to address these concerns.

Under Republic Act 8371,our rights of ownership and possession of our ancestral
domains shall be protected by the State.1

We have the right to stay in our territory and cannot be removed therefrom, or
relocated without our FREE and PRIOR INFORMED CONSENT, nor through any means
other than eminent domain.2 In cases where there was no such prior informed consent, or in
case of vitiated consent, or when the transfer was made with an unconscionable
consideration or price, we have the right to redeem our property.3

1
IPRA Law;
2
Ibid, par. c;
3
Ibid;
 In our case, KMI entered our sectoral domain without the FREE and PRIOR
INFORMED CONSENT from the elders of the Dagodoy and Jusay Clan. There was no offer
of any consideration or price. There was not even a single dialogue between KMI and the
Sectoral Clan Leaders.

Unfortunately, with the influence of Engwan S. Ala, they were able to enter and
operate easily and continuously up to the present. Our cries for justice were ignored. Our
rights trampled on.

Our clan had been in agreement that we have the right to claim 50% of the Royalty
Share paid and/or to be paid by KMI in using our sectoral domain.

KMI entered our sectoral domain in 2020. Unfortunately, to date, our sector was
never given such royalty share. This is one of our major concerns.

Under the IPRA Law, Section 39 - The NCIP shall protect and promote the interest and
well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions. It
is likewise the NCIP’s duty to monitor the implementation of the plans, programs and projects for
the benefit of the ICCs/IPs.

And so, we are humbly requesting your good office to do justice for us.

Had there been an agreement entered by KMI, we were not made part of it. We were
unaware of any of transactions entered by KMI in connection with their occupation and
operation in our sectoral domain. We were not even given copies thereof. Under the law, we
have the right to access these documents in the name of transparency. 4 But to date, we are
deprived of such information, if there be any.

Considering that KMI operated freely and continuously, it is the present tribal officials
who consented to the same.

Under the IPRA Law, the consent must be coming from the Elders of the territories,
through a formal and written agreement of the community concerned or affected. 5 This was
not done in our case.

Indeed, these matters should be resolved through and by the tribal officials.
However, for years, these leaders failed to resolve the matter. Moreover, we can no longer
trust the administration as we have filed several complaints for corruption and dishonesty
against them, both in the Department of Justice and the Ombudsman.

Therefore, to resolve these concerns among and within our community will be futile
and ineffective.

With the foregoing, we most humbly pray for your office to assist and guide us in
achieving and making the following happen:

4
Sec 45;
5
Ec. 57;
 1. The STOPPAGE of the OPERATION OF KAFUGAN MINING
INCORPORATED, immediately, unless they can secure the consent from our
elders, the Dagodoy and Jusay Clan.

2. For KAFUGAN MINING INCORPORATED to PRODUCE documents

allowing their operation in the Sectoral Domain of Dagodoy and Jusay Clan in
Barangay Pantukan, Carrascal, Surigao del Sur;

3. For KAFUGAN MINING INCORPORATED to PRESENT the required

FREE and PRIOR INFORMED CONSENT, a major requisite provided by
LAW before a mining company can enter and ancestral domain;

4. For KAFUGAN MINING INCORPORATED to PAY THE SECTORAL

SHARE of Dagodoy and Jusay Clan starting from the year of their Operation
up to the stoppage of their operation, with legal interests, for depriving the
clan what was due to them consciously and wilfully.

We earnestly hope for your prompt and positive response on this letter.

Respectfully yours,

DAGODOY and JUSAY CLAN represented by

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