OPISINA HA GILING (OFFICE OF THE GRAND CHIEF)

INDIGENOUS PEOPLES MANDATORY REPRESENTATIVE IN THE DEPARTMENT OF NATIONAL DEFENSE (DND)

Pursuant to Section 16 of R.A. 8371 “Right to Participate in Decision-Making. — ICCs/IPs have the right to participate fully,
if they so choose, at all levels of decision-making in matters which may affect their rights, lives and 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. ”
and DILG Memorandum Circular 2002-89 dated June 06, 2002 entitled “Strict Implementation of Republic Act No. 8371 or the
Indigenous Peoples Right Act of 1997 (IPRA).

IPMR-DND MEMORANDUM
MC-005 31 Lubod Lubod (August) 2023

THE STATE MUST RESPECT AND PROTECT THE RIGHTS

OF INDIGENOUS CULTURAL COMMUNITIES (ICCs)/INDIGENOUS PEOPLES (IPs)
TO THEIR ANCESTRAL LANDS

TO: ALL GOVERNMENT OFFICES AND AGENCIES, ALL ARMED FORCES OF THE
PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE (PNP) AND OTHER
PARAMILITARY UNITS, ALL PRIVATE ENTITIES AND TO ALL CONCERNED

1. To reiterate the laws for Indigenous Cultural Communities (ICCs) / Indigenous

Peoples (IPs); the rights of ICCs/IPs must be considered in the formulation of
national plans and policies for the fullest conformity of the International Treaties.

What are these treaties?

a.) International Covenant on Economic Social and Cultural Rights (ICESCR) was signed
and ratified by the Philippine Government on December 19, 1966 and on June 7, 1974
respectively.

b.) International Covenant on Civil and Political Rights (ICCPR) was signed and ratified by
the Philippine Government on December 19, 1966 and on October 23, 1986
respectively.

c.) International Labour Organization (ILO) Convention No. 107, “Indigenous and Tribal
Populations Convention of 1957”, dated June 26, 1957

d.) International Labour Organization (ILO) Convention No. 169, an “ Indigenous and
Tribal Peoples Convention of 1989” dated June 27, 1989.

e.) United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) adopted
September 13, 2007.

1
2. The provisions in the 1987 Philippine Constitution with respect to the rights of
Indigenous Peoples were derived from these International Treaties that were honed in
years and decades of studies and conventions. Consequently, the Republic Act No. 8371
“The Indigenous Peoples Rights Act (IPRA) of 1997” was enacted, which was highly
influenced by UN-ILO Convention 169 of 1989.

United Nations Declaration on the Rights of Indigenous Peoples

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal,
economic, social and cultural institutions, while retaining their rights to participate fully, if they
so choose, in the political, economic, social and cultural life of the State. [Emphasis supplied]

Article 12

“1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and
religious traditions, customs and ceremonies; the right to maintain, protect, and have access in
privacy to their religious and cultural sites; the right to the use and control of their ceremonial
objects; xxx” [Emphasis supplied]

Article 37

1. Indigenous peoples have the right to the recognition, observance and enforcement of
Treaties, Agreements and Other Constructive Arrangements concluded with States or their
successors and to have States honour and respect such Treaties, Agreements and other
Constructive Arrangements. [Emphasis supplied]

1987 Philippine Constitution

Article II, SECTION 22

The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.

Article XII, 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. [Emphasis supplied]

Article XIV, SECTION 17

The State shall recognize, respect, and protect the rights of indigenous cultural communities to
preserve and develop their cultures, traditions, and institutions. It shall consider these rights in
the formulation of national plans and policies. [Emphasis supplied]

R.A. 8371 “The Indigenous Peoples Rights Act of 1997”

SECTION 3

b) Ancestral Lands — Subject to Section 56 hereof, refers to land occupied, possessed and
utilized by individuals, families and clans who are members of the 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
2
interrupted by war, force majeure or displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary dealings entered into by
government and private individuals/corporations, including, but not limited to,
residential lots, rice terraces or paddies, private forests, swidden farms and tree lots;

SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/domains shall

include such concepts of territories which cover not only the physical environment but
the total environment including the spiritual and cultural bonds to the areas which the
ICCs/IPs possess, occupy and use and to which they have claims of ownership.

SECTION 8. Rights to Ancestral Lands. — The right of ownership and possession of the
ICCs/IPs to their ancestral lands shall be recognized and protected.

a) Right to transfer land/property. — Such right shall include the right to transfer land or
property rights to/among members of the same ICCs/IPs, subject to customary laws and
traditions of the community concerned.

b) Right to Redemption. — In cases where it is shown that the transfer of land/property

rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs
is tainted by the vitiated consent of the ICCs/IPs, or is transferred for an unconscionable
consideration or price, the transferor ICC/IP shall have the right to redeem the same
within a period not exceeding fifteen (15) years from the date of transfer.

SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and unlawful

intrusion upon, or use of any portion of the ancestral domain, or any violation of the
rights hereinbefore enumerated, shall be punishable under this law. Furthermore, the
Government shall take measures to prevent non-ICCs/IPs from taking advantage of
the ICCs/IPs customs or lack of understanding of laws to secure ownership, possession
of land belonging to said ICCs/IPs.

SECTION 11. Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs to their
ancestral domains by virtue of Native Title shall be recognized and respected. Formal
recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs
over the territories identified and delineated.

SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. “ICCs/IPs shall have
the right to manifest, practice, develop, and teach their spiritual and religious traditions,
customs and ceremonies; the right to maintain, protect and have access to their
religious and cultural sites; the right to use and control of ceremonial objects; xxx”

SECTION 35. Access to Biological and Genetic Resources. — Access to biological and
genetic resources and to indigenous knowledge related to the conservation, utilization
and enhancement of these resources, shall be allowed within ancestral lands and
domains of the ICCs/IPs only with a free and prior informed consent of such
communities, obtained in accordance with customary laws of the concerned community.

SECTION 37. Funds for Archeological and Historical Sites. — The ICCs/IPs shall have
the right to receive from the national government all funds especially earmarked or
allocated for the management and preservation of their archeological and historical
sites and artifacts with the financial and technical support of the national government
agencies.

3
 SECTION 59. Certification Precondition. — All departments and other governmental agencies
shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license
or lease, or entering into any production-sharing agreement, without prior certification from
the NCIP that the area affected does not overlap with any ancestral domain. Such certification
shall only be issued after a field-based investigation is conducted by the Ancestral Domains
Office of the area concerned: Provided, That no certification shall be issued by the NCIP without
the free and prior informed and written consent of ICCs/IPs concerned: Provided, further, That
no department, government agency or government-owned or -controlled corporation may
issue new concession, license, lease, or production sharing agreement while there is a pending
application for a CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or
suspend, in accordance with this Act, any project that has not satisfied the requirement of this
consultation process.

Ancestral Lands are sacred, from its womb springs life. Our heavenly father
gave to his people to fructify it.

The State Political Civil Government must respect and protect the rights of
Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs) to their
Ancestral Lands in order to attain and develop their cultural well-being, their
economy through their initiatives, Tribal Centers/Halls and Tribal Shrines,
Traditional Rituals and Tribal Institutions such as “Baylans” Tribal Religious
Ministers, Baganis/Alimaongs Security Forces, Wellness Centers using herbal
and metaphysical natural healing of diseases, Traditional Healers (The
Mangunguyamo) per R.A 8423-„The Alternative Medicine Act of 1997”, The
Dadantulan Tribal Court using Customary Laws and Customary Justice System
practiced by the ICCs/IPs since time immemorial.

In this aspect, all members of Civil Political Government must coordinate

properly with the Tribal Chieftains in the areas concerned inside identified
ancestral lands in doing projects, infrastructures, road, etc. to include Police
and Military operations to ensure that the treaties (ICESR, ICCPR, UN-ILO
Convention 169 and UNDRIP) are not violated including Customary Laws and
practices inside Ancestral Lands are not supplanted1 by State laws or actions
so that cooperation be achieved to have peace, harmony and development.

Please be guided that ICCs/IPs are under Customary Laws which are national
and International in scope due to the United Nations International Treaties
which are laws of coordination, while Civil Laws or Domestic Laws of the
Philippines are laws of subordination.

Indigenous Peoples are under International Laws (National Council of American

Indians [NCAI] )

1
IRR of RA 8371, Rule IV, Part 1 section 1, paragraph B, “The Indigenous structures, systems and institutions are
not supplanted by other forms of non-indigenous governance” [emphasis supplied]
4
With the above mentioned domestic laws and international treaties, please be
reminded with the Article XIV, section 17 of 1987 Philippine Constitution

“The State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions, and institutions.
It shall consider these rights in the formulation of national plans and policies.”
[Emphasis supplied]

IGNORANCE OF THE LAW EXCUSES NO ONE.

R.A. 8371, SECTION 72. Punishable Acts and Applicable Penalties.

“Any person who commits violation of any of the provisions of this Act, such as, but not limited to,
unauthorized and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10,
Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V,
Section 33, Chapter VI hereof, shall be punished in accordance with the customary laws of the
ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman
punishment: Provided, further, That neither shall the death penalty or excessive fines be imposed.
This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of
existing laws. In which case, any person who violates any provision of this Act shall, upon
conviction, be punished by imprisonment of not less than nine (9) months but not more than
twelve (12) years or a fine of not less than One hundred thousand pesos (P100,000) nor more
than Five hundred thousand pesos (P500,000) or both such fine and imprisonment upon the
discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned
whatever damage may have been suffered by the latter as a consequence of the unlawful
act.”[Emphasis supplied]

R.A. 8371, section 73-Persons Subject to Punishment.

“If the offender is a juridical person, all officers such as, but not limited to, its president,
manager, or head of office responsible for their unlawful act shall be criminally liable therefor, in
addition to the cancellation of certificates of their registration and/or license:
Provided, That if the offender is a public official, the penalty shall include perpetual
disqualification to hold public office.” [Emphasis supplied]

For widest information, dissemination, and implementation.

HA DATU TAWAHIG-KETUA
(Engr. Roderick D. Sumatra, EE, ME, GSC)
Philippine Air Force GSC Class Nr. 8
Apo Amay (Grand Chief) and Vicegerent,
SCODA Tribal Confederacy
Tribal Government of MAISIA (Philippines)
IPMR*, Department of National Defense
effective November 26, 2016.

ADDRESS
Visayas Wide: 0214 Nivel Hills, Busay, Cebu City
09321124238
Mindanao Wide: Katipunan, Villanueva, Misamis Or.
0921 760 1964
Email address: scoda_holywarriors@yahoo.com
5
*IPMR-Indigenous Peoples Mandatory Representative per R.A. 8371, Section 16 and Department of the
Interior and Local Government (DILG), Memorandum Circular No. 2002-89 dated June 6, 2002 issued by
Acting Secretary Alipio Fernandez Jr., with the subject; Strict Implementation of Republic Act No. 8371 or
the Indigenous Peoples Right Act of 1997 (IPRA).

“Likewise, all DILG Regional and Field Officers shall cause the widest dissemination of this Circular and
provide assistance to concerned Local government units with their respective jurisdictions. Monitoring
reports on LGU compliance hereof shall reflect specific LGU activities undertaken to respond to and
implement the IPRA and this Circular, and shall be submitted to this level attention: Bureau of Local
Government Development, every end of each month starting June 2002, for prompt monthly reporting to
the Office of the President as instructed.

For strict compliance. ”

IPMR-DND is a consultant to Ancestral Domains on matters with regards to policy making body of DND that
may affect the lives, way of life, and destinies of ICCs/IPs.

-is an institution chosen by the IPs to participate and issue corresponding memorandum in case the
treaties (ICESCR, ICCPR, UN ILO Convention 169 and UNDRIP) are threatened from time to time or when
it is supplanted by State Laws or actions.

Copy furnished:

1. H.E. Ferdinand “Bong bong” Marcos, Jr.

President, Republic of the Philippines
Malacanang Palace, Manila

2. Sen. Juan Miguel Zubiri

Senate President, Republic of the Philippines

3. Ferdinand Martin Gomez Romualdez

House Speaker, House of Representatives

4. Hon. Gilberto Teodoro Jr.

Secretary, Department of National Defense

5. Honorable Benjamin "Benhur" C. Abalos, Jr.,

Secretary, Department of Interior and Local Government

6. Lt. Gen. Romeo S. Brawner Jr.

Chief of Staff, Armed Forces of the Philippines (AFP)

7. Maj. Gen Benjamin C. Acorda Jr.

Chief, Philippine National Police

8. Hon. Allen A. Capuyan

Chairperson, National Commission on Indigenous Peoples (NCIP)

9. H.E. AHOD “AL HAJ MURAD” B. EBRAHIM

Chief Minister, Bangsamoro Autonomous Region in Muslim Mindanao
56WV+VXH, Cotabato City, Maguindanao

10. Hon. Manuel M. Bonoan

Secretary, Department of Public Works and Highways (DPWH)

11. H.E. Ferdinand “Bong bong” Marcos, Jr.

President, Republic of the Philippines
Acting Secretary, Department of Agriculture (DA)

6
ABOUT US

The collective struggle of the different Ethnic Groups and Tribal leaders for
cultural identity can be traced back from the time of the Former President
Diosdado Macapagal, who created a Commission on National Integration (CNI)
headed by Sultan Deron Samporna, whose task is to integrate all the different
ethnic groups into the mainstream of society, in response to the United Nations
International Labour Organization (ILO) Convention 107 of 1957 dated June 26,
1957 “The Indigenous and Tribal Populations Convention of 1957”.

When President Ferdinand Marcos Sr. issued the Presidential Decree 1414 on
June 9, 1978 creating the Presidential Assistant on National Minorities
(PANAMIN) in order to consolidate all the different ethnic groups in the
Philippines, several Datus, Timuays, Rajahs of Visayas and Mindanao organized
the Supreme Council of Datus-GIPOLON, whose task was to participate actively
in the socio-economic development program and peace and order campaign of
the government. Our tribal people penetrated into the different hinterland
barangays of Visayas and Mindanao to bring the cultural people closer to the
government without any remuneration, consolidating them and teaching them on
spiritual upliftment, moral values, medical mission by using herbal medicine (now
R.A. 8423-“The Alternative Medicine Act <TAMA> of 1997), modern agriculture,
diversified farming and fishing. Most of all on the preservation of mother nature
earth.

Under Executive Order 122-C of former President Corazon Aquino, the PANAMIN
was abolished and changed to Office for Muslim Affairs-Cultural
Communities(OMA-CC) and later on became the Office for Northern Cultural
Communities(ONCC) and the Office for Southern Cultural Communities(OSCC).

The United Nations International Labour Organization (ILO) Convention 107 of

1957 that promotes INTEGRATION of the Tribal People to the mainstream of
society was revised through the UN International Labour Organization (ILO)
Convention 169 of 1989 that promotes PRESERVATION-recognizing the
aspirations of Tribal peoples to exercise control over their own institutions, ways
of life and economic development and to maintain and develop their identities,
languages and religions, within the framework of the States in which they live.

We became more visible upon the creation of OSCC of 1987 and the passing of
the UN International Labour Organization (ILO) Convention 169 of 1989. The
Supreme Council of Datus-Alimaong was accredited by the OSCC on July 4,
1997.

Former President Fidel Ramos signed the RA 8371 known as the “Indigenous
Peoples Rights Act of 1997(IPRA)”, merging the ONCC and OSCC and became
the National Commission on Indigenous Peoples (NCIP). The Supreme Council of
Datus-Alimaong was accredited by the NCIP on August 3, 1998.

THE SUPREME COUNCIL OF DATUS-ALIMAONG known as the Citizens’ Soldiers

of the Cultural Communities was reformed from the Supreme Council of Datus-
GIPOLON, to continue the task in aid to the government. It is a confederacy of
the different tribes of the archipelago. Its mandate is to protect, preserve and
develop our ancestral domains, culture, tradition and institution. Being the
protector of our cultural people, we also participate actively in the socio-
economic and peace and order campaign of the government.

7
During Martial Law years, the Alimaongs had participated in OPLAN White Dove,
under Task Force Kaunlaran, IV PC ZONE. To this day, these tribal warriors had
participated in the various military campaigns such as Operations Plan (OPLAN)
Lambat Bitag, PNP OPLAN PAGLINGAP, PARTICIPATED IN THE JOINT TASK
FORCE “COMET” to address the problem of ABBU SAYYAF and AFP ISO PLAN 02-
01 “Bantay Laya” and “Balagai”.

On December 18, 2019 the Supreme Council of Datus-Alimaong [SCODA]

Tribal Confederacy Tribal Government of Maisia (Philippines) was
recognized as the CENTER OF DEVELOPMENT–TRIBAL AFFAIRS
DEVELOPMENT AND SOCIAL JUSTICE with Recognition Number:036-
30CDRADSJ/12-2019 through the Treaty Recognition and Diplomatic
Accreditations from UN International Special Court of Arbitration and Human
Rights (ISCAHR) Inter Governmental Court-registered with UN-ECOSOC and
Licensed Treaty-Organizations with United Nations Organization (ONU), UN
Diplomatic Corps, European Union (Quality Assurances), Government of
Commonwealth and International Court of Arbitration.

8
9
10
11
12
13
14
15
16
17
18
19