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INDIGENOUS

PEOLE
MANDATORY
REPRESENTATIVE
Mars Monato

Basis of Representation
1. RA 8371 IPRA Section 16. 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 policymaking bodies and other local
legislative councils.

2.

Section 5, Title I, Preliminary
Provisions, NCIP AO No. 001,
s.,2009

SECTION 5. Coverage. All ICCs/IPs
residing within the ancestral domains
and/or resettled communities within the
political jurisdiction or boundaries of
concerned LGUs may be represented in
the local legislative councils of the
LGUs exercising jurisdiction over the
area.

in cases where an ancestral domain or resettled community is overlapped by two (2) or more political boundaries of LGUs. However. . only the members of the ICCs/IPs whose residence are covered by the concerned LGU may take part in the selection of IPs mandatory representative for the said LGU.

b. . He/She must be a registered voter in the barangay. municipality. Minimum Qualifications..2009) SECTION 9. The following shall be the minimum requirements for one to qualify as ICCs/IPs representative in the local legislative councils: a.Who may be an IPMR? Qualifications: (NCIP AO No. province. s. or district where he/she intends to assume office. 001. city. The IP representative must be a natural born Filipino citizen.

and has continuously engaged in ICCs/IPs undertakings setting up a track record of services for ICCs/IPs in a given LGU as certified by the NCIP. d.c. and. e. . He/She must be knowledgeable of and practices the customary ways of ICCs/IPs of which he/she is a member. an acknowledged leader of the ICCs/IPs of which he/she is a member. He/She must be able to read and write. He/She must be a bona fide IP by blood or consanguinity.

. Convicted by final judgment by the council of elders of concerned ICCs/IPs for violating their customs and traditions. c. Disqualifications. within two (2) years after serving sentence. Any person suffering from or characterized by any one of the following circumstances shall not be eligible to represent the ICCs/IPs: a.Disqualifications: SECTION 10. Removed from office as a result of administrative case. Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment. b.

 Fugitive from justice. h. and. Insane or feeble-minded based on the findings of competent authorities. Possession of dual citizenship. Permanent resident in a foreign country or has acquired the right to reside abroad and continues to avail of the same right. f. Convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines. g. . inside or outside the country.d. e.

Selection and Assumption (NCIP AO No.. The selection of the particular ICC/IP representative to the local legislative council shall be in accordance with the Local Guideline that the concerned ICCs/IPs shall adopt and promulgate. Selection and Assumption to Office.2009) SECTION 12. s. . 001.

to be in accordance with this Administrative Order. .Assumption to Office shall take place as soon as the selection process is formally certified by the concerned NCIP Regional Director. and the person chosen takes the appropriate oath before an authorized officer and informs the appropriate body/ies of his/her assumption. as the case may be. upon recommendation of the Provincial or Community Service Center head.

Powers. The powers.Power Duties and Functions 1. otherwise known as RA 7160. . s. (NCIP AO No. Functions. duties and functions of IP mandatory representatives shall be the same as that of the regular members of local legislative councils as provided in the Local Government Code of 1991. Duties. and other applicable laws.2009) SECTION 8.. 001.

2.  Represent  Exercise  Render the Katawhang Tribu General Supervision Report/Provide information of Representative to Maniga-on . Section 8 Rule V on Local Guidelines on the Selection of IPMR of Manobo Tribe .

 Keep and observe customs and traditions in the performance of his duties. . Perform duties and functions as ex-officio member of LGU  Initiate activities/programs beneficial to tribal community  Give priority funding to tribal community out of his 20% discretionary funds.

THE PUNONG BARANGAY .POWERS AND FUNCTIONS UNDER RA 7160 CHAPTER 3 .

Duties. and Functions. as provided by this Code and other laws. . the punong barangay shall:  (1) Enforce all laws and ordinances which are applicable within the barangay.(a) The punong barangay. 389.  (b) For efficient. as the chief executive of the barangay government. SEC. . shall exercise such powers and perform such duties and functions. the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code. Chief Executive: Powers. effective and economical governance.

 (2) Negotiate. and sign contracts for and in behalf of the barangay. in pursuance thereof.  (3) Maintain public order in the barangay and. assist the city or municipal mayor and the sanggunian members in the performance of their duties and functions. . upon authorization of the sangguniang barangay. enter into.

 (4) Call and preside over the sessions of the sangguniang barangay and the barangay assembly. and other appointive barangay officials. and vote only to break a tie. . the barangay secretary.  (6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay. appoint or replace the barangay treasurer. (5) Upon approval by a majority of all the members of the sangguniang barangay.

 (9) Enforce laws and regulations relating to pollution control and protection of the environment.  (8) Approve vouchers relating to the disbursement of barangay funds. prepare the annual executive and supplemental budgets of the barangay.  (10) Administer the operation of the Katarungang Pambarangay in accordance with the provisions of this Code. (7) In coordination with the barangay development council. .

 (14) Promote the general welfare of the barangay. .  (13) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games. Culture and Sports. in coordination with the Department of Education. (11) Exercise general supervision over the activities of the sangguniang kabataan.  (12) Ensure the delivery of basic services as mandated under Section 17 of this Code.

 (15) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.cralaw In the performance of his peace and order functions. subject to appropriate rules and regulations. the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction. .

s. .Compensation & Benefits (NCIP AO No..2009) SECTION 13. 001. Compensation and Benefits. benefits and other emoluments of the IP representative shall be the same with that of the regular members of the concerned legislative bodies as prescribed in RA 7160 and other applicable laws. Compensation.

s. Term of and Removal from Office.. . The term of office of the IPs mandatory representative in the local legislative councils shall be for a period of three (3) years from the date of assumption to office and can be re-indorsed for another term by the ICCs/IPs constituents but in no case shall the representative serve for more than three (3) consecutive terms. 001.2009) SECTION 11.Term of Office (NCIP AO No.

municipality and province -5 years in the case of the baranggay. The term of office shall be coterminous with elected officials: -3 years in the case of the city. and shall qualify for re-election for another 2 consecutive terms .Section 16 Rule IX on NCIP Local Guidelines on the Selection of IPMR of Manobo Tribe .

The IPs mandatory representative can be replaced anytime by the ICCs/IPs who selected him/her to the position in accordance with their local guidelines on recall/removal from office. .

Grounds of Removal from Office .

suspended.  b) Culpable violation of the Constitution. or removed from office on any of the following grounds:  a) Disloyalty to the Republic of the Philippines. misconduct in office. An elective local official may be disciplined. Grounds for Disciplinary Actions. or dereliction of duty. RA 7160: Section 60. oppression. gross negligence. .  c) Dishonesty.1.

 e)  f) Abuse of authority. Unauthorized absence for fifteen (15) consecutive working days in case of local chief executives and four (4) consecutive sessions in the case of members of the sangguniang. d) Commission of any offenses involving moral turpitude or an offenses punishable by at least prision mayor. which is from six (6) years and one (1) day to twelve (12) years imprisonment. .

and  h) Such other grounds as may be provided by the Local Government Code of 1991. 3019. and all other applicable general and special laws. . or acquisition of. Revised Penal Code. g) Application for. 6713. foreign citizenship or residence of the status of an immigrant of another country. Republic Act No. Administrative Code of 1987. Republic Act No.

. directly or indirectly. RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees.: SECTION 7.2. — Public officials and employees shall not. Prohibited Acts and Transactions. have any financial or material interest in any transaction requiring the approval of their office. — the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful: (a) Financial and material interest.

— Public officials and employees during their incumbency shall not: (b. control. that such practice will not conflict or tend to conflict with their official functions.1) Own. (b) Outside employment and other activities related thereto. broker. employee. 2) Engage in the private practice of their profession unless authorized by the Constitution or law. manage or accept employment as officer. trustee or nominee in any private enterprise regulated. consultant. agent. supervised or licensed by their office unless expressly allowed by law. or . (b. provided. counsel.

. retirement. in which case the one-year prohibition shall likewise apply. but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with. or separation from public office. 3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one (1) year after resignation.(b. except in the case of subparagraph (b) (2) above.

3.In addition to acts or omissions of public officers already penalized by existing law. . or influenced to commit such violation or offense. induced. Corrupt practices of public officers.3. . RA 3019:  Sec. or allowing himself to be persuaded. the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (a) Persuading. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter.

or will secure or obtain. from any person for whom the public officer. (b) Directly or indirectly requesting or receiving any gift. for himself or for another. in connection with any contract or transaction between the Government and any other part. wherein the public officer in his official capacity has to intervene under the law. present or other pecuniary or material benefit. for himself or for any other person. share. any Government permit or license. present. has secured or obtained. percentage. in any manner or capacity. in consideration for the help given or to be given. .  (c) Directly or indirectly requesting or receiving any gift. or benefit. without prejudice to Section thirteen of this Act.

 (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. .

80. Revised Administrative Code: Sec. . shall suffer the penalty imposed under the appropriate penal laws.4.Any public official or employee who shall apply any government fund or property under his administration or control to any use other than for which such fund or property is appropriated by laws. Misuse of Government Funds and Property. .

— (a) An elective local official may be censured. Article 124 (sic 125)20 (b). Grounds for Disciplinary Actions.   . or removed from office after due notice and hearing on any of the following grounds:  (1) Disloyalty to the Republic of the Philippines. reprimanded. IMPLEMENTING RULES AND REGULATIONS OF THE LOCAL GOVERNMENT CODE OF 1991:   ARTICLE 124. Rule XIX.5. suspended.

. oppression. or dereliction of duty.  (4) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor which is from six (6) years and one (1) day to twelve (12) years imprisonment.  (3) Dishonesty. gross negligence.  (5) Abuse of authority. (2) Culpable violation of the Constitution. misconduct in office.

and  (8) Such other grounds as may be provided by the Code. . in the case of local chief executives and four (4) consecutive sessions in case of members of the sangguniang panlalawigan. the Revised Penal Code and all other applicable general and special laws. RA 3019. sangguniang bayan. RA 6713. sangguniang panlungsod. and sangguniang barangay. or acquisition of. foreign citizenship or residence or the status of an immigrant of another country. Administrative Code of 1987.  (7) Application for. (6) Unauthorized absence for fifteen (15) consecutive working days.

Section 17 Rule IX on Local Guidelines on the Selection of IPMR of Manobo Tribe .6.  Grounds  Loss for removal : of Confidence  Corruption  Abuse of any from of Authority .

 Moral  IPMR Turpitude chosen through any form of Influence  Concubinage  Proactively  Has join political exercises (campaign) entered into contract without consent from IP Community .