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Indigenous Rights and Tourism Consent

The document discusses a lesson on the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in the Philippines. The learning outcomes are for students to be able to explain the ICCs/IPs' rights to ancestral domains, self-governance, social justice and human rights, and cultural integrity. It also discusses analyzing cases of violations of these rights and producing an analytical essay on related topics.

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0% found this document useful (0 votes)

186 views50 pages

Indigenous Rights and Tourism Consent

Uploaded by

Simbo Ralph Jules

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as DOCX, PDF, TXT or read online on Scribd

A Culture-Responsive Workbook in Bukidnon Cultural Studies

Nursing, Bio Technology, and Environmental Science

Chapter 3: The Rights of the ICCs/IPs

C ourse Outcome

At the end of the lesson, the students are expected to:

a. analyze cases related to violation against the fundamental rights of the

Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)
based on RA 8371, the Indigenous Peoples Rights Act (IPRA)

L earning Outcomes

At the end of the lesson, you are expected to:

a. explain the rights of the ICCs/IPs to ancestral domain/land,

self-governance and empowerment, social justice and human
rights, and cultural integrity;
b. analyze cases involving violation against the rights of the
ICCs/IPs to ancestral domain/land, self-governance and
empowerment, social justice and human rights, and cultural
integrity; and
c. produce an analytical essay on the violation against the
rights of the ICCs/IPs to ancestral domain/land,
selfgovernance and empowerment, social justice and human
rights, and cultural integrity

6 |
A Culture-Responsive Workbook in Bukidnon Cultural Studies

Introduction
This chapter engenders promotion and awareness of the fundamental rights of the
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs). These fundamental
rights are derived from the National Commission on Indigenous Peoples Administrative
Order No. 1, Series of 1998 on the rules and regulations implementing Republic Act no.
8371, the Indigenous Peoples’ Rights Act (IPRA) of 1997. These fundamental rights include
the rights of the ICCs/IPs to ancestral domains/lands, self-governance and empowerment,
social justice and human rights, and cultural integrity. In view thereof, you are expected to
explain and apply these fundamental rights through activities requiring high level thinking
skills, such as analysis, evaluation, and creation. This chapter also serves as an avenue for
you to venture both into the applicability and the non-applicability of the national laws to
these groups of people, imparting insights into whether the national laws uphold these
rights without infringing the indigenous customary laws and other related indigenous
knowledge and practices.

LOOKING BACK
6 |
A Culture-Responsive Workbook in Bukidnon Cultural Studies

Activity 8. Visual Analysis

Instructions: Analyze what ideas are expressed by the following images below
concerning what you can exercise and access freely before, today, and maybe in the
future.

Note: You don’t have to answer each guide question. They are just guide to help you construct your analysis.

Courtesy: Google Photos

Your analysis:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
______________________________________________________________________

Guide Questions:
1. What do you think are the ideas being expressed by the images above?
2. How are these ideas significant to you as a citizen of this country?
3. How would you describe your life without the implementation of such ideas?

6 |
A Culture-Responsive Workbook in Bukidnon Cultural Studies

UNLOCKING
Activity 9. Brainstorming

Instructions: Read and analyze the following concepts below. Discuss each concept
based on how you understand them, not by what you have found in your research
through the internet and from other sources. Hence, your answer should not be
research-based. Write your answer in the space provided for each concept using
keywords or phrases.

Fundamental Rights Important Points

1. Rights to Ancestral
Domains/Lands

2. Rights to SelfGovernance
and
Empowerment

3. Rights to Social Justice

and Human Rights

4. Rights to Cultural
Integrity

6 |
A Culture-Responsive Workbook in Bukidnon Cultural Studies

MOUNTING
Activity 10. Metacognition

Instructions: Study the fundamental rights of the ICCs/IPs (see Appendix A) and
provide any representations that explain or summarize your understanding of these
rights. You may sketch images/representations or paste a picture in the space provided.
Support each presentation by providing insights that will further elaborate the context
of these presentations.

Rights to Ancestral Domains/Lands

Further Explanation:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

6 |
A Culture-Responsive Workbook in Bukidnon Cultural Studies

Rights to Self-Governance and Empowerment

Further Explanation:
_______________________________________________________________________

Rights to Cultural Integrity

ASSESSIN
G Assessment 4. Writing an Analytical Essay

Instructions: Read and analyze the given situation below and determine what
fundamental right of the ICCs/IPs is violated. Following the given template, write an
analytical essay using the answer sheet provided. Please limit your answer to not
exceeding six (6) sentences per section (introduction, evaluation of the problem or issue,
proposed solutions, and recommendations). You will be rated based on the criteria in the
rubric on page 34.

Cosmetics from the Baobab Tree

The baobab tree, which has great cultural symbolism, grows in much of Africa. The German
company Cognis has obtained patents in many countries (starting with France in 1997) for use of
baobab leaf extracts in cosmetic products. Cognis' 'invention' is to use the baobab leaf mucilage as
a soothing cream. But baobab has a wide variety of traditional medicinal and other uses in Africa,
including use of the leaves and use on the skin. Therefore, it seems most unlikely that Cognis was
the first to discover the soothing effects of baobab mucilage when applied to the human body.”
Source: [Link]

Writing an Analytical Essay

An analytical essay is a presentation of some type of arguments or claims about a certain text/issue. It
answers how something does what it does and why it is as it is.

Writing the Analytical Essay

Once the necessary information is gathered, a draft of your analysis should include these general
sections, but these may differ depending on your assignment directions or your specific case study:

a. Introduction
- Identify the key problem or issue
- Introduce what specific violation is revealed

b. Evaluation of the Problem or Issue

- Explain what causes such violation
- Explain how it specifically violates the rights of the ICCs/IPs

c. Proposed Solutions
- Provide an article quoted from the IPRA law that will support your claim that it’s a
violation
- Try to substantiate the quoted article by providing insight how it can serve charges against
the violation

d. Recommendations
- Other than the constitutional solutions, further your solutions by giving personal
recommendations on how to address the violation

(Use this sheet)

An Analytical Essay on the Violation against
the Fundamental Rights of the ICCs/IPs

A. Introduction
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

B. Evaluation of the Problem or Issue

_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

C. Proposed Solutions
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

D. Recommendations
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

Very Satisfactory Satisfactory Fair Poor

Criteria (4) (3) (2) (1)
Introduction Clearly identifies the Identifies the key Somewhat Fail to identify
key problem or issue problem or issue identifies the key the key problem
problem or issue or issue
Clearly introduces Introduces what
what specific violation specific violation is Somewhat Fail to introduce
is revealed revealed introduces what what specific
specific violation is violation is
revealed revealed
Evaluation of Clearly explains what Explains what Somewhat explains Fail to explain
the Problem causes such violation causes such what causes such what causes such
violation violation violation
or Issue
Clearly explains how
it specifically violates Explains how it Somewhat explains Fail to explain
the rights of the specifically violates how it specifically how it
ICCs/IPs the rights of the violates the rights specifically
ICCs/IPs of the ICCs/IPs violates the
rights of the
ICCs/IPs
Proposed Clearly provides an Provides an article Somewhat Fail to provide an
Solutions article quoted from quoted from the provides an article article quoted
the IPRA law that will IPRA law that will quoted from the from the IPRA
support your claim support your claim IPRA law that will law that will
that it’s a violation that it’s a violation support your claim support your
that it’s a violation claim that it’s a
Clearly substantiates Substantiates the violation
the quoted article by quoted article by Somewhat
providing insight providing insight substantiates the Fail to
how it can serve how it can serve quoted article by substantiate the
charges against the charges against the providing insight quoted article by
violation violation how it can serve providing insight
charges against the how it can serve
violation charges against
the violation
Recommenda Deeply further Further solutions by Somewhat further Fail to further
tions solutions by giving giving personal solutions by giving solutions by
personal recommendations personal giving personal
recommendations on on how to address recommendations recommendation
how to address the the violation on how to address s on how to
violation the violation address the
violation

Total Score: ______

Comments and Suggestions:

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________

D
RIVING FORWARD

Activity 11. Writing an English-Binukid Slogan

Instructions: Compose a slogan in English that promotes the fundamental rights of the
ICCs/IPs based on the lessons that you have learned in this chapter. Limit your slogan
for 1 to 2 sentences. Translate your slogan from English to Binukid, and then present it
to an IP community/member to validate your translation. Once finalized, design your
English-Binukid slogan by adding appropriate graphics using the space provided on
page 36. Please see the sample submitted by your peer (Olvida, 2021) to guide you in
completing this activity (15pts.).

Sample English-Binukid Slogan

Explanation (Optional):

Category Outstanding (3) Satisfactory (2) Poor (1)

Presents a clear conviction Somewhat presents a Fails to present a
in support of promoting conviction in support of conviction in support of
the rights of the ICCs/IPs promoting the rights of promoting the rights of the
using a Binukid dialect the ICCs/IPs using a ICCs/IPs using a
Binukid dialect Binukid dialect
Strongly conveys a clear
Content Somewhat conveys a Fails to convey a message
message in relation to the
rights of the ICCs/IPs by message in relation to the in relation to the rights of
providing accurate and rights of the ICCs/IPs by the ICCs/IPs by
sensible English providing accurate and providing accurate and
translation sensible English sensible English
translation translation
Displays images and other Displays few images that Fails to display images
graphic presentations that discriminate a specific and other graphic
neither discriminate nor indigenous group; few presentations that neither
devalue a cultural group; images and languages do discriminate nor devalue a
Culture
images and languages not depict appropriation cultural group; most of
Sensitivity the images and languages
depict appropriation on a about a specific cultural
do not depict
cultural group. group.
appropriation on a cultural
group.
Exhibits sufficient Exhibits somewhat Fails to exhibit sufficient
evidence that pieces of sufficient evidence that evidence that pieces of
information are obtained pieces of information are information are obtained
from a reliable and an obtained from a reliable from a reliable and an
Authenticity and an authentic
authentic concerned group authentic concerned group
concerned group of
of people (i.e., of people (i.e.,
people (i.e.,
documentation). documentation).
documentation).

Shows creative and Shows somewhat creative Fails to show creative and
wellconceptualized and wellconceptualized well-conceptualized
Styles and graphics and layout; graphics and layout but graphics and layout;
Formats graphical elements graphical elements graphical elements do not
enhance the significance of enhance the significance enhance the significance of
the content. of the content. the content.

Total Score: __________

Comments and Suggestions:

The Indigenous Peoples’ Rights Act (IPRA) of 1997

(Modified Copy)

I. Rights to Ancestral Domains/Lands

Part I. Policies and Concepts

Section. 1. Constitutional and Legal Framework. The State shall protect the rights of
ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well-being
and shall recognize the applicability of customary laws governing property rights or relations
in determining the ownership and extent of ancestral domains.

Section 2. Composition of Ancestral Domains/Lands. Ancestral Domains/ Lands are all

areas generally belonging to the ICCs/IPs, owned, occupied or possessed by themselves or
through their ancestors, communally or individually since time immemorial.

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.

Ancestral domain consists of lands, inland waters, coastal areas, minerals and other natural
resources.

Lands within ancestral domains shall include, but not limited to, ancestral lands, forests,
pasturelands, residential lands, agricultural lands, hunting grounds, burial grounds, worship
areas, land no longer occupied by the ICCs/IPs but from which they traditionally had access
to for their subsistence and traditional activities, home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators, and other lands individually owned whether alienable
and disposable or otherwise. Ancestral land shall consist of, but not be limited to, residential
lots, rice terraces or paddies, private forests, swidden farms, and tree lots. Provided that
property rights within the ancestral domains already existing and/or vested upon effectivity
of the Act, within ancestral domains/lands, shall be respected and recognized.

Inland waters and coastal areas include fishing grounds, collecting grounds, and bodies of
water.
Section 3. Indigenous Concept of Ownership. Ancestral domains/lands and all resources
found therein form the material bases of the ICCs/IPs’ cultural integrity. The indigenous
concept of ownership therefor, generally holds that ancestral domains are the ICCs’/IPs’
private but communal property which belongs to all generations and shall not be sold,
disposed nor destroyed. The present generation who are today’s occupants have the
intergenerational responsibility of conserving the land and natural resources for future
generations of ICCs/IPs to enjoy.

Section 4. Recognition of Ancestral Domain and Land Rights. The rights of the

i
ICCs/IPs to their ancestral domains and lands by virtue of native title shall be recognized and
respected. Native title to ancestral domains and lands may be formally recognized or
established through the issuance of corresponding Certificate of Ancestral Domain Title
(CADT) or Certificate of Ancestral Land Title (CALT) as provided in the Act.

All areas within ancestral domains, whether delineated or not, are presumed to be
communally owned and, pursuant to the indigenous concept of ownership, could not be sold,
disposed nor destroyed.

Areas and resources in the domains are deemed destroyed if on account of the activity
conducted or applied:

a) The area or resource could no longer serve its normal or natural functions; or
b) That the area or resource is used in a manner not consistent with customary laws or
agreements of the indigenous peoples concerned; or
c) That the area or resource is used or gathered in a wasteful or excessive manner resulting to
irreversible loss or irreparable damage.

Part II. Rights of Indigenous Cultural Communities/Indigenous Peoples to Ancestral

Domains

Section 1. Rights of Ownership. ICCs/IPs have rights of ownership over lands, waters, and
natural resources and all improvements made by them at any time within the ancestral
domains/lands. These rights shall include, but not limited to, the right over the fruits, the
right to possess, the right to use, right to consume, right to exclude and right to recover
ownership, and the rights or interests over land and natural resources. The right to recover
shall be particularly applied to lands lost through fraud or any form of vitiated consent or
transferred for an unconscionable price.

Section 2. Right to Develop Lands and Natural Resources. Subject to property rights within
the ancestral domains already existing and/or vested upon effectivity of the Act, ICCs/IPs
have the right to control, manage, develop, protect, conserve, and sustainably use:
a) land, air, water and minerals; b) plants, animals and other organisms; c) collecting,
fishing and hunting grounds; d) sacred sites; and, e) other areas of economic,
ceremonial and aesthetic value in accordance with their indigenous knowledge systems
and practices (IKSPs) and customary laws and traditions, and duly adopted Ancestral
Domain Sustainable Development and Protection Plan (ADSDPP) where ADSDPPs
have been adopted; and to equitably benefit from the fruits thereof. In all instances,
ICCs/IPs shall have priority in the development, extraction, utilization and exploitation
of natural resources.

a) Right to Benefits. The ICCs/IPs have the right to benefit from the utilization,
extraction, use and development of lands and natural resources within their
ancestral lands/domains and to be compensated for any social and/or
environmental costs of such activities.

Accordingly, the concerned ICC/IP community shall be extended all the benefits
already provided under existing laws, administrative orders, rules and

ii
regulations covering particular resource utilization, extraction or development
projects/activities, without prejudice to additional benefits as may be negotiated
between the parties. The NCIP, as third party, shall , among others, assist the
ICCs/IPs in the negotiation process to safeguard and guarantee that the terms
and conditions of the agreement negotiated are not inimical to the rights of the
ICCs/IPs.

The NCIP shall ensure that at least 30% of all funds received from such activities
will be allocated to the ICC/IP community for development projects or provision
of social services or infrastructure in accordance with their duly adopted
Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)
whenever. In the absence of such ADSDPP, the NCIP shall assist the ICCs/IPs in
the development of a program or project to utilize such funds.

b) Other Related Rights. The rights of ICCs/IPs to develop their territories

including all the natural resources therein shall further include, but not limited to,
the following:

(1) The right to source out, control, manage, disburse or use any funds or
appropriations from any legal entity, for the development of the territories,
provided that the community concerned shall have adequate systems to
ensure individual and collective accountability and responsibility for such
funds;

(2) The right of ICCs/IPs through their Council of Elders/ Leaders, subject to the
principle of Free and Prior Informed Consent provided in these Rules and
Regulations, to enter into agreement with any legal entity, for the utilization,
extraction or development of natural resources, subject to a limited term of 25
years, renewable at the option of the ICCs/IPs for another 25 years, and to
visitorial and monitoring powers of the ICCs/IPs and the NCIP for purposes
of ensuring that the ICCs’/IPs’ rights and interests are adequately
safeguarded and protected;

(3) The right of ICCs/IPs to protect, conserve and manage portions of the
ancestral domains/lands which they find necessary for critical watersheds,
mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover or
reforestation, with the full and effective technical and financial support of
concerned government agencies or other legal entities; and

(4) Subject to the customary laws, and Free and Prior Informed Consent of
ICCs/IPs concerned, the right to temporarily allow or permit appropriate
government agencies to manage the areas enumerated in the preceding
paragraph, under a written agreement that shall ensure that: a) a program of
technology transfer shall be pursued to enable the concerned ICCs/IPs to
ultimately manage the area themselves; and b) that no displacement or
dislocation of ICCs/IPs shall occur as a result of the implementation of the
project/activity.

iii
Section 4. Right to Stay in Territories and Not to be Displaced Therefrom. The right of
ICCs/IPs to stay in their territories shall remain inviolate. No ICCs/IPs shall be relocated
without their free and prior informed consent nor through any means other than eminent
domain. Relocation or displacement as an exceptional measure or as a result of calamity or
catastrophe shall only be temporary. ICCs/IPs shall have the right to return to their ancestral
domain as soon as the grounds for such relocation cease to exist, and shall have the right to
be compensated for damages sustained as a consequence of the relocation.

a) Temporary Relocation as an Exceptional Measure. Temporary relocation is an

exceptional measure if, after exhausting all legal remedies, it stands as the only
option to avoid loss of lives, and to safeguard the health and safety of the
populations affected. Temporary relocation shall generally occur as a result of
force majeure, natural calamities or catastrophes.

Where temporary relocation is determined by the ICC/IP concerned, in

consultation with the NCIP and other appropriate government agencies as an
exceptional measure, the concerned government agencies shall provide the
affected ICCs/IPs with habitable relocation sites and adequate shelter, food, and
other basic services, as well as livelihood opportunities to ensure that their needs
are effectively addressed.

b) Right to Return to Ancestral Domain. When the reason for the relocation ceases
to exist as determined by the ICCs/IPs, in consultation with appropriate
government agencies, the ICCs/IPs shall have the right to return to their ancestral
domains.

c) Rights in Case of Permanent Relocation/ Displacement. Should the conditions

for their return pose grave and long-term risks for the displaced ICCs/IPs, and
normalcy and safety of the previous settlements are irreversibly lost, the
displaced ICCs/IPs shall, upon their Free and Prior Informed Consent, be
accorded the following:
(1) Relocation to a site, which shall, in all possible cases, be of equal quality
and legal status as that previously occupied, and which shall be suitable
to provide for their present needs and future development;

(2) Security of tenure over lands to which they will be resettled or relocated;
and.

(3) Compensation for loss, injury or damage as a consequence of such

relocation or displacement.

d) Compensation for Loss, Injury or Damage. Compensation for loss, injury, or

damage shall be obtained through the following procedures:

(1) Who may file. The following shall be entitled to compensation for loss, injury
or damage:

iv
i) Any individual in the event of loss of life, injuries or damage to
property;

ii) Concerned ICC/IP Elders/Leaders representing their communities,

in case of damage to burial grounds, worship areas, hunting
grounds, or any other parts or communal structures within the
ancestral domains; or

iii) The NCIP may motu propio file the claim for loss, injury or damage
for and in behalf of the ICC/IP community.

(2) Notification to NCIP. In case the claim is filed by the affected ICC/ IP, the
NCIP must be notified through its field office, of such loss, injury or damage
suffered as a result of the relocation or displacement.

(3) Filing of claim. The NCIP or affected ICC/IP with the assistance of NCIP
shall file the claim for compensation of loss, damage or injury with the
appropriate office of the agency which has caused such relocation or
displacement.

(4) Payment of compensation. The NCIP shall ensure that such claim for
payment is given due consideration and that the claimant is duly
compensated within a reasonable time.

Section 5. Right to Regulate Entry of Migrants and Other Entities. The collective right to
use everything within the domain/land is limited only to the recognized members of the
ICCs/IP community. Accordingly, the ICCs/IPs shall have the right to regulate the entry of
migrants, including organizations who intend to do business, engage in development or
other form of activities, in their ancestral domains/lands. For this purpose, the following
shall be applicable:

a) Migrants. For purposes of these rules, a migrant is a person who is not a

native to the ancestral domain or not a part owner of ancestral land but who,
as a consequence of social, economic, political or other reasons, such as
displacement due to natural disasters, armed conflict, population pressure, or
search for seasonal work, opted to occupy and utilize portions of the
ancestral domains/lands and have since established residence therein;

b) Other entities. Other entities shall include all organizations, corporations,

associations or persons who intend to enter the ancestral domains/lands for
the purpose of doing business, development or other activities therein; and

c) Procedure for Regulating Entry of Migrants and Other Entities. All

migrants and other entities must first secure the express permission of the
community’s council of elders/leaders who shall, in accordance with their
consensus building process, community practices, customs and traditions
and upon the Free, Prior and Informed Consent of the community members

v
agree to accept such migrant or entity within the domains, subject to the
following conditions:

(1) Said persons and entities can be allowed to perform activities as are
expressly authorized and which are not inimical to the development of
the ancestral domains and cultural integrity of the ICCs/IPs, and

(2) The ICCs/IPs shall maintain the right to impose penalties for violation of
the conditions in accordance with their customary laws, the Act or its
rules and regulations.

The ICCs/IPs’ Council of Leaders/Elders, with the assistance of NCIP

shall take appropriate action to ensure the effective implementation and
enforcement of these rights.

Section 6. Right to Safe and Clean Air and Water.

a) The ICCs/IPs through their indigenous knowledge systems and practices and
their customs and traditions have preserved the environment and have
demonstrated their capability to conserve and protect the integrity of their
ecological systems. To enable these ecologically-sound and sustainable practices
to flourish, the ICCs/IPs have the right to regulate activities that may adversely
affect their airspace, bodies of water and lands. Any violation of environmental
laws adversely affecting the integrity of the ecological systems in ancestral
domains/territories shall be penalized according to customary laws of the
ICCs/IPs concerned.

The ICCs/IPs shall take the necessary steps to source out adequate and effective
technical and financial support to protect the environment. Government shall
adopt effective measures to implement environmental laws that will preserve the
quality of freshwater, surface and ground water and minimize air pollution and
other forms of pollution that may affect the domains.

b) Environmental Conservation and Protection Program (ECPP). All persons or

entities allowed under the Act to participate in land development, utilization,
exploitation, and extraction of natural resources, and government offices or
agencies allowed to undertake or implement infrastructure projects within
ancestral lands/domains, shall submit to the NCIP, through the concerned
Regional Office, a culture-sensitive Environmental Conservation and Protection
Program (ECPP) stating in detail the environmental impact of such activities or
projects proposed, control and rehabilitation measures and financial resource
allocations therefor, implementation schedules, compliance guarantees, and
evaluation and monitoring schemes.

Within twenty (20) working days from receipt thereof, the concerned Regional
Office shall conduct preliminary evaluation of the ECPP. Based on its findings,
the Regional Office may order the ECPP to be revised and/or additional
requirements may be imposed and/or other documents may be required. The

vi
concerned Regional office shall endorse the ECPP, with recommendations, to the
Commission.

Detailed guidelines for the preparation and implementation of the ECPPs shall be
prescribed by the Commission based on principles underlying the ICCs/IPs
framework for sustainable development of the ancestral domains and
nationallydefined environmental standards.

Section 7. Right to Claim Parts of Reservations. The dispossession of indigenous peoples

from their ancestral domains/lands by operation of law, executive fiat or legislative action
constitute a violation of the constitutional right to be free from the arbitrary deprivation of
property. As such, ICCs/IPs have the right to claim ancestral domains, or parts thereof,
which have been reserved for various purposes.

a) Procedure for Reclaiming Ancestral Domains or Parts thereof Proclaimed as

Reservations.

(1) For purposes of the enforcement of this right, the NCIP shall review all existing
Executive Orders, Administrative Orders, Presidential Proclamations covering
reservations within ancestral domains to determine the actual use thereof.

(2) Thereafter, it shall take appropriate steps to cause the dis-establishment of the
reservation or the segregation and reconveyance of ancestral domains or portions
thereof to the concerned ICCs/IPs.

b) Conditions for Continued Use of Ancestral Domains as Part of Reservations. ICCs/IPs

communities whose ancestral domains or portions thereof continue to be used as part
of reservations, have the right to negotiate the terms and conditions thereof in a
Memorandum of Agreement. The ICC/IP community may negotiate for such use,
including the grant of benefits such as, but not limited to, preferential use of facilities in
the area and free access to basic services being dispensed therefrom, through
appropriate IP desks to be established by the administrator of the reservation.

Section 8. Right to Resolve Conflicts According to Customary Laws. All conflicts pertaining
to property rights, claims and ownership, hereditary succession and settlement of land
disputes within ancestral domains/ lands shall be resolved in accordance with the customary
laws, traditions and practices of the ICCs/IPs in the area where the conflict arises.

If the conflict between or among ICCs/IPs is not resolved, through such customary laws,
traditions and practices, the Council of Elders/Leaders who participated in the attempt to
settle the dispute shall certify that the same has not been resolved. Such certification shall be a
condition precedent for the filing of the complaint with the NCIP, through its Regional
Offices for adjudication. Decisions of the NCIP may be brought on Appeal to the Court of
Appeals by way of a Petition for Review.

vii
II. Right to Self-Governance and Empowerment

Part 1: Self-Governance and Political Leadership Systems.

Section 1: Recognition of Authentic Leadership. In pursuance of the right to selfgovernance

and self-determination, the ICCs/IPs, in coordination with the Department of the Interior and
Local Government, through the NCIP, shall formulate measures to ensure that:

a) The socio-political structures, systems and institutions of ICCs/IPs are

strengthened;

b) The indigenous structures, systems, and institutions are not supplanted by other
forms of nonindigenous governance; and/ or

c) Mechanisms that allow the interfacing of indigenous systems of governance with

the national systems are established.

Section 2. Authentication of Indigenous Leadership Titles and Certificates of Tribal

Membership. The ICCs/IPs concerned shall have the sole power to authenticate indigenous
leadership titles and certificates of membership. Accordingly, the ICCs/IPs shall have the
following powers and rights:

a) Right to Confer Leadership Titles. The ICCs/IPs concerned, in accordance with

their customary laws and practices, shall have the sole right to vest titles of
leadership such as, but not limited to, Bae, Datu, Baylan, Timuay, Likid and such
other titles to their members.

b) Recognition of Leadership Titles. To forestall undue conferment of leadership

titles and misrepresentations, the ICCs/IPs concerned, may, at their option,
submit a list of their recognized traditional socio-political leaders with their
corresponding titles to the NCIP. The NCIP through its field offices, shall conduct
a field validation of said list and shall maintain a national directory thereof.

c) Issuance of Certificates of Tribal Membership. Only the recognized registered

leaders are authorized to issue certificates of tribal membership to their members.
Such certificates shall be confirmed by the NCIP based on its census and records
and shall have effect only for the purpose for which it was issued.

All Certificates of Tribal Membership previously issued under Executive Order

No. 122-B, and 122-C, as amended, shall be validated by the ICCs/IPs in
accordance with their own process and shall be endorsed to the NCIP for
confirmation and recording purposes.

Section 3. Indigenous Political Leadership Development. Indigenous leadership emerges

from the dynamics of customary laws and practices. Indigenous leaders evolve from a

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lifestyle of conscious assertion and practice of traditional values and beliefs as seen, among
others, by the following attributes:

a) Demonstrates sustained wisdom and integrity in the administration of justice and

pronouncement of judgments and decisions based on truth and the maintenance
of peace;
b) Model head of the family, as a provider and protector of family and community
values such as cooperation, sharing and caring;
c) Contributes and makes decisions aimed at protecting the ancestral domain,
community peace, truth, IKSPs and sustaining harmonious relationships with
neighboring tribes;
d) Recognized authority on customary laws and practices, conflict resolution
mechanism, peacebuilding processes, spiritual , rituals and ceremonials; and
e) Personal integrity and honesty.

The NCIP shall support the initiatives, projects and activities of ICCs/IPs that
will strengthen and develop their socio-political and leadership systems.

Section 4. Recognition of Socio-Political Institutions and Structures. The ICCs/IPs have the
right to use their traditional justice systems, conflict resolution institutions or peace building
processes which are oriented to settlements, reconciliation and healing, and as may be
compatible with national laws and accepted international human rights, in all conflict
situations between and among IP individuals and between and among other ICCs/IP
communities.

The NCIP shall assist ICCs/IPs to document cases resolved under the indigenous justice
systems, conflict resolution mechanisms and peace building processes in order to provide
references to be used in resolving conflicts involving ICCs/IPs.

Section 5. Support for Autonomous Regions. The autonomous regions created under the
1987 Constitutions, in accordance with their requirements and needs, shall be strengthened
and supported by the State, following the principles of self-governance and cultural integrity.
ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras shall use the form
and content of their ways of life as may be compatible with the fundamental rights defined
under the 1987 Constitution of the Republic of the Philippines and other internationally
recognized human rights.

Section 6. Mandatory Representation in Policy Making Bodies. The ICCs/IPs shall be

provided mandatory representation in all policy making bodies and in local legislative
councils. ICC/IP representation shall be proportionate to their population, and shall have the
same privileges as the regular members of the legislative bodies and/or policy making
bodies.

ICC/IP representatives shall be qualified and chosen by their own communities in

accordance with a process to be determined by them. In consultation with ICCs/IPs, the
NCIP in close coordination with DILG shall come up with appropriate measures to ensure
the full participation of ICCs/IPs in matters affecting their development. Such measures shall
also include the provision of technical assistance to develop the ICC/IP representative’s

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knowledge of traditional socio-political systems, customary laws, justice system and skills in
interfacing with non-IP governance and policy making.

Section 7: Right to Determine and Decide Own Development and Right to

Develop as Peoples. The ancestral domains of the ICCs/IPs is the foundation of their right to
self-determination. As such the ICCs/IPs shall have the right to decide their own priorities
for development affecting their lives, beliefs, institutions, spiritual well-being and the lands
they own, occupy and use. Towards these ends, the ICCs/IPs shall participate in the
formulation, implementation and evaluation of plans, policies and programs for national,
regional and local development which may affect them.

The NCIP shall take special measures to guarantee the right of ICCs/IPs to pursue their
economic, social and cultural development at their own choice and pace and to ensure that
economic opportunities created by the government are extend to them based on freedom of
initiative and self-reliance.

Section 8. Tribal Barangays. The ICCs/IPs living in contiguous areas or communities where
they form the majority may form or constitute a separate barangay in accordance with the
Local Government Code. In consultation with the ICCs/IPs the NCIP, in close coordination
with the DILG shall formulate measures to ensure the implementation of the principle of
Equivalent Free Voting Procedure in such barangays in order to effectively recognize
indigenous political systems, leadership structures and governance in such barangays. The
NCIP shall undertake studies and propose legislative measures to ensure the applicability of
traditional socio-political structures and processes for local governance in ancestral
domains/lands and geographic areas occupied by ICCs/IPs.

Part II: Role of Peoples Organizations

Section 1. Right to Organize and Associate for Collective Actions. The NCIP shall
recognize the vital role of IPOs as autonomous partners in development and shall fully
support the development and empowerment of indigenous peoples organizations, or
associations to pursue and protect their legitimate and collective interests and aspirations.

In consultation with the Indigenous Peoples Organizations (IPOs), the NCIP shall prepare
guidelines for strengthening the capability of the members which shall be culture sensitive
and shall cover, among others, the following:

a) Awareness and knowledge of IPRA and its IRR;

b) IPs’ holistic and sustainable development framework;
c) Research and documentation skills particularly in taking the testimonies of elders
by way of individual and group interviews;
d) Community Organization to include traditional leadership, community and
cooperative value system, socio-political structures and self-advocacy;
e) Indigenous Knowledge Systems and Practices (IKSPs) to include but not limited to
customary laws, traditions and practices; sustainable resource management
systems and practices; family and community life value systems;
f) Conflict resolution mechanisms and peace-building processes;
g) Project management; and
h) Networking and development work partnership with other POs, NGOs and GOs.

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Section 2. Registration Requirements for Indigenous Peoples Organizations (IPO). For the
purpose of acquiring legal personality, indigenous peoples’ organizations may register with
the NCIP.

The application for registration shall be filed with the concerned NCIP Provincial Office with
the following attachments:

a) Duly accomplished NCIP Registration Form;

b) List of Officers/Leaders;
c) Petition/Resolution signed by a uthorized officers/or members;
d) Written accounts of organizational decision-making processes;
e) Written commitment to recognize and assert customary laws and decision-making
by consensus.
f) List of authorized representatives of the ICC/IP community;
g) Written accounts of the ICCs/IPs customs and traditions;
h) Written accounts of the ICCs/IPs political structure and institutions;
i) Written accounts of community decision-making processes;
j) Anthropological data; and
k) Genealogical surveys.

The NCIP Provincial Officer shall evaluate and field validate the authenticity of the IPO and
submit a report of the same including the IPO’s application for registration to the NCIP
Regional Director who shall, within 15 days issue the Certificate of Registration. The NCIP
Regional Director shall furnish the National Office updated lists of all such organizations
registered by them.

Section 3. Monitoring and Reporting. All registered IPOs and accredited NGOs shall submit
to the NCIP Field Offices the following documents annually:

a) Change of officers or leaders;

b) Financial and Accomplishment Reports; and
c) Changes in programs, projects or activities.

Section 4. Accreditation of NGOs Operating Within Ancestral Domains. For regulatory

and monitoring purposes, non-government organizations with intentions of operating, or
already operating, within ancestral domains shall have to be accredited by the NCIP Regional
Office where the NGO operates. To be accredited, the NGOs shall submit the following:

a) Duly accomplished NCIP Accreditation Form for NGOs;

b) Certified copy of registration with Securities and Exchange Commission (SEC) or
other government agency;
c) Organizational structure and officers of the organization;
d) Organization’s vision, mission, goals and objectives, programs/plans and
membership policies; and e) Written historical track record of the NGO.

Accreditation shall be renewable every two (2) years.

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Section 5. Suspension and Revocation of PO Registration or NGO Accreditation. The
NCIP may suspend or revoke the Certificate of Registration of any IPO or Certificate of
Accreditation of any NGO on the following grounds:

a) Unauthorized negotiation with natural or juridical persons relative to land

development, use, extraction, harvest, and exploitation of natural resources;

b) Misrepresentation and entering into agreement or compromise with investors to

the detriment of the community;
c) Accepting bribery such as project contracts, gifts or donations in exchange of
favors;
d) Loss of trust and confidence of the members of the community;
e) Violation of customary processes and community collective decision-making; and
f) Other analogous circumstances.

The cancellation proceedings shall be initiated by complaint with the NCIP Regional Office,
who shall hear and decide the same and if warranted and upon due course order the
cancellation of registration. The decision of the NCIP Regional Office may be brought on
appeal to the Commission.

The NCIP shall establish a data-base for indexing and monitoring all registered IPOs.

Part III. Instrument of Empowerment

Section 1. Inroads into the ancestral domains/lands of ICCs/IPs resulted to their

disenfranchisement and marginalization. Policies, plans, development programs and
projects which may have been prejudicial to the rights and interests of ICCs/IPs have been
adopted and implemented within ancestral domains/lands without the consent of concerned
IP communities. Free and prior informed consent, as an instrument of empowerment, enables
IPs to exercise their right to self-determination.

Section 2. General Application. The provisions herein on free and prior informed consent
shall generally be applicable to all the provisions of the Act and these rules requiring the free
and prior informed consent of ICCs/IPs.

Section 3. Free and Prior Informed Consent. The ICCs/IPs shall, within their communities,
determine for themselves policies, development programs, projects and plans to meet their
identified priority needs and concerns. The ICCs/IPs shall have the right to accept or reject a
certain development intervention in their particular communities. The acceptance or rejection
of proposed policy, program, project or plan shall be assessed in accordance with the
following IPs development framework and value systems for the conservation and protection
of:

a) Ancestral domains/lands as the ICCs/IPs’ fundamental source of life;

b) Traditional support system of kinship, friendship, neighborhood clusters, tribal

and intertribal relationships rooted in cooperation, sharing and caring;

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c) Sustainable and traditional agricultural cycles, community life, village economy
and livelihood activities such as swidden farming, communal forests, hunting
grounds, watersheds, irrigation systems and other indigenous management
systems and practices; and

d) Houses, properties, sacred and burial grounds.

Section 4. Scope of ICCs/IPs whose Consent shall be Secured. The scope of the ICCs/IPs
whose free and prior informed consent is required shall depend upon the impact area of the
proposed policy, program, projects and plans, such that:
a) When the policy, program, project or plan affects only the particular community
within the ancestral domain, only such community shall give their free and prior
informed consent;

b) When the policy, program, project or plan affects the entire ancestral domain, the
consent of the concerned ICCs/IPs within the ancestral domain shall be secured;
and

c) When the policy, program, project or plan affects a whole range of territories
covering two or more ancestral domains, the consent of all affected ICCs/IP
communities shall be secured.

Section 5. Procedure and Requirements for Securing ICCs/IPs Consent. The consensus
building process of each particular indigenous cultural community shall be adhered to in
securing the ICCs/IPs’ Free and Prior Informed Consent. For purposes of documentation and
monitoring, the NCIP shall assist, document and witness the process of securing Free and
Prior Informed Consent. The basic elements in the consensus building process shall include,
at the minimum, information dissemination to all members of the concerned indigenous
peoples communities, assessment of the concerns or issues by appropriate assemblies in
accordance with customs and traditions and discernment and initial decision by recognized
council of elders, affirmation of the decision of the Elders by all the members of the
community.

The following minimum requirements shall be strictly complied with:

a) For every meeting, notices thereof written in English or Pilipino and in the IP
language and authorized by community elders/leaders shall be delivered and
posted in conspicuous places or announced in the area where the meeting shall be
conducted at least two (2) weeks before the scheduled meeting;

b) All meetings and proceedings where the proponent shall submit and discuss all
the necessary information on the proposed policy, program, project or plan shall
be conducted in a process and language spoken and understood by the ICCs/IPs
concerned;

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c) The minutes of meetings or proceedings conducted shall be written in English or
Pilipino and in the language of the concerned ICCs/IPs and shall be validated
with those who attended the meeting or assembly before the finalization and
distribution of the minutes;

d) Consent or rejection by the ICC/IP community shall be signified by affixing

signatures or thumb marks in a document written in their own language or
dialect with corresponding English or Pilipino translation. Signatures or thumb
marks shall be considered valid, only when it is affixed on each and every page of
the document signifying consent or rejection. In case of rejection, the ICCs/IPs
shall state in the document of rejection whether or not they shall entertain
alternative proposals of similar nature; and
e) Any alternative proposal shall be subject to the Free and Prior Informed Consent
of the ICCs/IPs in accordance with the foregoing procedures and requirements.

Section 6. Obligations of the Proponent. The proponent of any policy, program, project, or
activity requiring the Free and Prior Informed Consent of the ICCs/IPs community shall:

a) Submit to the IP community an undertaking written in a language spoken and

understood by the community concerned that it shall commit itself to full
disclosure of records and information relevant to the policy, program, project or
activity, and allow full access to records, documents, material information and
facilities pertinent to the same;

b) Submit to the IP community and the NCIP in a language understandable to the

concerned community an Environmental and Socio-cultural Impact Statement,
detailing all the possible impact of the policy, program, project or activity upon
the ecological, economic, social and cultural aspect of the community as a whole.
Such document shall clearly indicate how adverse impacts can be avoided or
mitigated;

c) Submit an undertaking in writing to answer for damages which the ICCs/IPs

may suffer on account of the policy, program, project, plan or activity and deposit
a cash bond or post a surety bond with the NCIP when required by the
community equivalent to a percentage of its investments, subject to progressive
increase, depending upon the impact of the project. The amount of bond shall be
determined by the NCIP with the concurrence of the ICCs/IPs concerned; and

d) Underwrite all expenses attendant to securing the free and prior informed
consent of ICCs/IPs.

Section 7. Development and Cultural Activities Subject to Free and Prior Informed
Consent (FPIC). Policies, programs, projects, plans and activities subject to free and prior
informed consent shall include but not limited to the following:

a) Exploration, development, exploitation and utilization of natural resources

within ancestral domains/lands;

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b) Research in indigenous knowledge, systems and practices related to agriculture,
forestry, watershed and resource management systems and technologies, medical
and scientific concerns, bio-diversity, bio-prospecting and gathering of genetic
resources;

c) Displacement and relocation;

d) Archeological explorations, diggings and excavations and access to religious and

cultural sites;

e) Policies affecting the general welfare and the rights of ICCs/IPs; and

f) Entry of the Military or paramilitary forces or establishment of temporary or

permanent military facilities within the domains. The NCIP shall prescribe terms
and conditions regarding public presentation, display, performance and other
forms of utilization of ICCs/IPs’ lifeways and material culture.

Section 8. Memorandum of Agreement. As a component part of the process of securing the

free and prior informed consent of the concerned ICCs/IPs a Memorandum of Agreement
(MOA) shall be executed by and between the proponent, host ICC/IP community, and the
NCIP, written in the dialect or language of the concerned ICCs/IPs, with corresponding
English and Pilipino translation. The MOA shall stipulate, among others:

(1) Benefits due the host ICCs/IP communities;

(2) Measures to protect IPs’ rights and value systems enumerated in the Section on
Free Prior and Informed Consent of these Rules and Regulations;

(3) Responsibilities of the proponent as well as those of the host ICC/IP community
and the NCIP;

(4) In case of change of proponent as a result of partnership, joint venture,

reorganization, merger, acquisition, sale, or transfer of rights, the terms and
conditions of the MOA shall bind the new proponent without necessarily
executing another MOA; and

(5) Penalties for non-compliance and or violation of the terms and conditions. For the
purposes of validity of the Memorandum of Agreement referred to above, the
signatories thereto shall be;

a) for corporations, partnerships or single proprietorship entities, the

authorized officers, representatives, or partners as per Board resolution;

b) for the ICC/IP community, all the authorized community elders or

traditional leaders, who are registered with the NCIP in accordance with
Section 2, Part III, Rule IV; and

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c) the NCIP or authorized representative. The NCIP shall keep a copy
of the MOA for records and monitoring purposes.

Section 9. Non-Transferability of Consent. The free and prior informed consent granted by
the ICCs/IPs for a particular proposed policy, program, project or plan, as a general rule,
shall not be transferable to any other party, except in case of merger, reorganization, transfer
of rights, acquisition by another entity, or joint venture: Provided; that there will be no
changes in the original plan, program, project or policy and: Provided further; that the same
shall not prejudice the interest, rights and welfare of the concerned ICCs/IPs.

III. Social Justice and Human Rights

Section 1. Equal Protection Before the Law. With due recognition of the ICCs/IPs’ distinct
characteristics and identity, the State shall accord to members of the ICCs/IPs the rights,
protections and privileges enjoyed by the rest of the citizenry. The NCIP shall ensure that
fundamental human rights and freedom are guaranteed to all members of the ICCs/IPs as
already accorded to every member of society.

Section 2. Rights During Armed Conflict. The ICCs/IPs have the right to declare their
territories as zones of peace and to special protection and security in periods of armed
conflict. The NCIP shall ensure that international standards are observed for the protection of
civilian populations in circumstances of emergency and armed conflict, particular, the Fourth
Geneva Convention of 1949. Accordingly the State shall not:

a) Recruit children of the ICCs/IPs into the armed forces under any circumstance;
b) Conscript or recruit ICC/IP individuals against their will to the armed forces, and
in particular for use against other indigenous peoples;
c) Relocate ICC/IP communities to special centers for military purposes;
d) Force ICC/IP communities, families or individuals to abandon their lands,
territories, or means of subsistence; and
e) Require indigenous individuals to work for military purposes under
discriminatory conditions.

In consultation with the ICCs/IPs who are victims of armed conflict, the NCIP in
collaboration with national and international specialized agencies shall implement an
integrated emergency program for the victim families’ and communities’ relief and
rehabilitation. Such integrated program shall take special attention on the impact of
armed conflict activities to the indigenous children’s psycho-social functioning and
development.

Section 3. Freedom from Discrimination. ICCs/IPs are free and equal to all other
individuals in their dignity as human beings and shall be free from any kind of adverse
discrimination for reason of their indigenous origin or identity. The NCIP shall ensure that
every member of the ICCs/IPs is accorded full respect as valuable citizens of the Republic of
the Philippines.

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The NCIP shall take special measures to ensure the effective protection with regard to the
recruitment and conditions of employment of persons belonging to the ICCs/IPs to the extent
that they are not protected by laws applicable to workers in general.

Section 4. Right to Employment.

a) The right of members of ICCs/IP communities to employment includes the right to:
(1) Be free from any form of discrimination, with respect to recruitment and
conditions of employment;

(2) Enjoy equal opportunities for admission to employment, both skilled and
unskilled;

(3) Just and legal remuneration of work for equal value;

(4) Medical and social assistance, occupational safety, social security and any other
occupationally related benefits, including housing;

(5) Freedom of association and freedom for all lawful trade union activities including
the right to conclude collective bargaining agreements with employers;

(6) Be informed of their rights and privileges under existing labor laws and to avail
for equal protection of these rights;

(7) Enjoy a wholesome and healthy working environment free from any forms of life
hazards and dangers and other conditions hazardous to their health, in particular
through exposure to pesticides and other toxic substances;

(8) Be free from any coercive recruitment system, including bonded labor and other
forms of debt servitude; and

(9) Equal opportunities and just treatment in employment for men and women,
including protection against sexual harassment;

b) Special Measures. The NCIP in close coordination with the Department Of Labor and
Employment and such other related agencies shall adopt special measures to ensure the
effective and legal protection of members of ICCs/IPs with regard to the following:

(1) Recruitment and employment conditions applicable to workers in general;

(2) Establishment of an IP Desk at the Department Of Labor and Employment

(DOLE);

(3) Protection of IPs right to affirmative action with regards to their employment in
government and private undertakings by setting up mechanisms for the

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recruitment and hiring of IPs in proportion to their population in their areas of
operation; and

(4) Periodic monitoring of IPs employment with GOs, NGOs and private companies.

c. The NCIP shall develop a Jobs and Employment Program for the appropriate training and
placement of IPs, whether professionals, skilled or unskilled. The program shall assess and
determine the number of unemployed and underemployed IPs and establish training and
placement procedure to assist IPs to meet job/employment demands.

Section 5. Right to Basic Services. The ICCs/IPs are entitled to basic services. The equitable
delivery of basic services to all ICCs/IPs all over the country shall be the focus of the NCIP’s
Five Year Master Plan. In close coordination with other government line agencies mandated
to deliver basic needs the NCIP shall work towards the establishment of IP Desks with such
agencies but not limited to Department of Labor and Employment (DOLE), Department of
Health (DOH), Department of Education, Culture and Sports (DECS), Commission on Higher
Education (CHED), National Housing Authority (NHA), Social Security System (SSS),
Technical Education and Skills Authority (TESDA), National Commission on Culture and the
Arts (NCCA), Department of Social Welfare and Development (DSWD), Department of the
Interior and Local Government (DILG) and other offices for the delivery of basic services
covering employment, vocational training and retraining, housing, sanitation, health, water,
education, infrastructure, electrical facilities and social security.

In consultation with ICCs/IPs the NCIP shall prepare a flexible Five Year Master Plan
focused on the delivery of basic services by among other things doing the following:

a) Census of IPs;
b) Conduct needs assessment consultations with all ICCs/IPs and prepare an
inventory of community identified priority basic services;
c) Formulate and incorporate in the Five Year Master Plan, a special program for
meeting the special needs of women, the elderly, youth, children and
differentlyabled persons;
d) Provide technical and financial support services for the empowerment of ICCs/IPs
to generate their own resources for basic services in their ancestral domains; and
e) Collaborate with mandated government line agencies to establish IP Desks that
will ensure and monitor the equitable, effective and efficient delivery of basic
services to ICCs/IPs by the particular agency/or agencies; and support for the
sustained utilization of indigenous self-reliant health care services by supporting
traditional practices of prolonged breast feeding and use of herbal medicines.

Section 6. Rights of Women. In partnership with ICC/IP women’s organizations and other
GO/NGO support groups, the NCIP shall prepare and develop programs and projects to
ensure that women shall fully participate in community and nation building through, among
others, the following:

a) Provision of appropriate support for women’s’ groups/ organizations to

conduct research and document IP women’s traditional roles in marriage, family,

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community, political and economic life to determine gender issues and concerns
among ICCs/IPs;

b) Development of appropriate programs and projects to respond to gender

issues and concerns as these relate to the full realization and protection of women’s
rights for maximum participation in community and nation building; and

c) Women community-based initiated projects aimed at empowering women

shall be given priority in terms of financial and technical support.

Section 7. Rights of Children and Youth. The NCIP in consultation with ICCs/IPs shall
assess the situation of children and youth both in rural areas and highly urbanized centers
with regards to the recognition, promotion and protection of their rights as provided in the
Act and the Universal Declaration on the Rights of the Child.

The NCIP shall work closely other government line agencies and international bodies, such
as the Department of Education, Culture and Sports (DECS), the Department of Social
Welfare and Development (DSWD), Department of Justice (DOJ), Commission on Human
Rights (CHR), Department of Labor and Employment (DOLE), International
Organizations including the World Health Organization (WHO), the International Labor
Organization (ILO) and the United Nations Children’s Educational Fund (UNICEF); with
NGO support groups; and other agencies mandated to serve the sector and formulate
programs and projects intended for their development and rearing of the children and youth
belonging to the ICCs/IP communities. The NCIP shall ensure the establishment of an
effective mechanism towards the protection of the rights of ICC/IP children and youth and
more specifically the achievement of the following:

a) Production of indigenous education literature about the indigenous culture

in order to facilitate efforts at integrating such subject matter into the IP curriculum;

b) Establishment of appropriate mechanisms in accordance with customary

laws, for involving the children and youth in community leadership and decision
making and relevant development programs and activities;

c) Encourage and support the integration of ICCs/IPs IKSPs in both formal and
nonformal educational systems for the formation of both male and female children
and youth;

d) Provision of technical training and education and the improvement and

strengthening of regional state colleges, universities and technical schools with
regards to their role in providing quality education, relevant to the needs, interests
and aspirations of ICCs/IPs children and youth; and

e) Use of IP dialect or language as the medium of instruction in early childhood

and primary educational levels.

The NCIP in close coordination with Department of Social Welfare and Development
shall take special measures to prepare a culture-sensitive daycare program that

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ensures the holistic development and formation of IP children and affirms their
cultural integrity.

Section 8. Right to Education. In consultation with ICCs/IPs the NCIP shall work, in
collaboration with the Department of Education, Culture and Sports (DECS), the Commission
on Higher Education (CHED) and with private and public schools at all levels towards the
development of appropriate programs and projects related to the following:
a) The curricula and appropriate teaching materials and resources;

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b) The equitable distribution, selection and implementation of scholarship
programs;
c) Appropriate career development;
d) Training of teachers for IP communities;
e) Construction of school buildings in IP communities;
f) Inclusion of IPs resistance to colonization in the academic curricula, in the context
of IPs assertion and defense of their freedom, independence and territorial
integrity and culture; and
g) Establish schools for living traditions and cultural heritage.

IV. Cultural Integrity

Section 1. Constitutional and Legal Framework. The State shall recognize, respect and
protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and
institutions, and shall take measures, with the participation of ICCs/IPs concerned to protect
their rights and guarantee respect for cultural integrity in order that ICCs/IPs shall at all
times benefit on an equal footing from the rights and opportunities which national laws and
regulations grant to other members of the population. It shall recognize its obligations to
respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum
ICCs/IPs participation in the direction of education, health, as well as other services to the
ICCs/IPs, in order to render such services more responsive to the needs and desires of these
communities.

Section 2. Conceptual Framework of Cultural Integrity. Cultural integrity shall refer to the
holistic and integrated adherence of a particular ICC/IP community to their customs,
religious beliefs, traditions, indigenous knowledge systems and practices and their right to
assert their character and identity as peoples.

Section 3: Right to Cultural Integrity. The rights of indigenous peoples to cultural integrity
shall include:

a) Protection of indigenous culture, traditions and institutions;

b) Right to establish and control educational and learning systems;
c) Recognition of cultural diversity;
d) Right to name, identity and history;
e) Community intellectual property rights;
f) Protection of Religious, Cultural Sites and Ceremonies
g) Right to indigenous spiritual beliefs and traditions;
h) Protection of Indigenous Sacred Places
i) Right to protection of indigenous knowledge systems and practices; and
j) Right to science and technology.

Section 4. Protection of Indigenous Culture, Traditions and Institutions. The NCIP in its
coordinative role and through the IP Desks of government line agencies, particularly with the
National Economic and Development Authority (NEDA), Department of Trade and Industry
(DTI), Department of Tourism (DOT), Department of Justice (DOJ), Department of Education,
Culture and Sports (DECS), Commission on Higher Education (CHED), National
Commission for the Culture and the Arts (NCCA), and other government agencies or
instrumentalities, shall ensure that ICCs/IPs’ culture, traditions, and institutions are
considered in the formulation and application of said agencies national programs, plans and
policies.

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Section 5. Right to Establish and Control Educational and Learning Systems. To enable the
ICCs/IPs to exercise their right to establish and control their educational systems and
institutions, the NCIP shall establish a program to support the following:

a) Establish, maintain and support a complete, adequate and integrated system

of education relevant to the needs of the ICCs/ IPs particularly their children and
young people;

b) Develop and implement school curricula for all levels relevant to the
IPs/ICCs using their language, learning systems, histories and culture without
compromising quality of education and building the indigenous children’s capacity
to compete for higher education;

c) Encourage indigenous learning as well as self-learning, independent, out-of

school study programs, school of heritage and living traditions that nurture cultural
integrity and diversity and that responds to the needs of IP communities;

d) Provide adult indigenous peoples with skills needed for civic efficiency and
productivity; and

e) Establish processes and implement affirmative action in the employment of

indigenous teachers in schools within indigenous peoples communities and assist
indigenous teachers in their professional advancement as this relate to the protection,
promotion and protection of IP rights.

Section 6. Recognition of Cultural Diversity. The NCIP, in coordination with concerned

government line agencies shall ensure that the dignity and diversity of the cultures,
traditions, histories and aspirations of the indigenous peoples are appropriately reflected in
all forms of education, public information, public services, cultural-exchange programs. In
particular, the NCIP shall work closely with the State-owned media to ensure that the
ICCs/IPs’ cultural diversity are reflected and presented within the proper context. The NCIP
in consultation with ICCs/IPs shall take effective measures to promote affirmative action to
systematically eradicate prejudice and discrimination against indigenous peoples and
engender understanding and unity among ICCs/IPs and all segments of society. The
ICCs/IPs diverse cultures, traditions and beliefs shall not be allowed to sow divisiveness and
disunity among them. Through the IP Desks in government line agencies, the NCIP shall
ensure that all policies, programs and services shall promote the recognition and respect for
ICCs/IPs’ cultural diversity.

Section 7. Recognition of Customary Laws and Practices Governing Civil Relations.

Marriage as an inviolable social institution shall be protected. Marriages performed in
accordance with customary laws, rites, traditions and practices shall be recognized as valid.
As proof of marriage, the testimony of authorized community elders or authorities of
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traditional sociopolitical structures shall be recognized as evidence of marriage for purposes
of registration. Accordingly, the NCIP shall coordinate with the Office of the Civil Registrar
General (OCRG) to establish an appropriate procedure for the registration of marriages
performed under customary laws to include, among others, the following:

a) System of facilitating early and late registration of marriages performed

under Customary Laws the OCRG shall issue guidelines to their local offices for this
purpose;

b) The OCRG Certificate of Marriage forms for use of authorized tribal

leaders/elders solemnizing marriages under Customary Laws shall be translated in
the language understood by both parties;

c) The NCIP, in consultation and coordination with ICCs/IPs, shall cause the
registration and regular update of a list of those authorized to solemnize marriages
according to customary laws; and

d) The NCIP field offices in coordination with Local Civil Registrar offices shall
ensure that all marriages performed under Customary Laws before the enactment of
IPRA shall be registered accordingly and from thereon, marriages performed under
Customary Laws shall be registered within fifteen (15) days following the
solemnization.

Section 8. Right to a Name, Identity and History. The fundamental right of a person to a
name and peoples’ right to their history shall be recognized and respected. Accordingly, the
ICCs/IPs naming systems and customs shall also be recognized and respected and shall have
the right to their indigenous names registered with the Civil Registry as their formal
appellation to be used in all official documents establishing their identity. In close
coordination with the Office of the Civil Registrar General (OCRG) the NCIP shall take
appropriate measures to facilitate the registration of the ICCs/IPs indigenous names. For
purposes of effective and efficient civil registration of births and deaths and census taking,
the NCIP field offices shall be deputized to register said births and deaths. The paternal or
maternal grandfather’s name may be used as surname. All registrations and census shall be
submitted to the nearest Office of Local Registrar. The ICCs/IPs have the right to their
histories and to maintain the indigenous names of places within and outside their domains
that reflect their unique identity.

Section 9. Protection of Community Intellectual Property. The ICCs/IPs have the right to
own, control, develop and protect the following:

a) The past, present and future manifestations of their cultures, such as but not
limited to, archeological and historical sites, artifacts, designs, ceremonies,
technologies and visual and performing arts and literature as well as religious and
spiritual properties;

b) Science and Technology including, but not limited to, human and other
genetic resources, seeds, medicines, health practices, vital medicinal plants, animals,
minerals, indigenous knowledge systems and practices, resource management
systems, agricultural technologies, knowledge of the properties of flora and fauna,
and scientific discoveries; and
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c) Language, Music, Dances, Script, Histories, Oral Traditions, Conflict
Resolution Mechanisms, Peace Building Processes, Life Philosophy and Perspectives
and Teaching and Learning Systems.

In partnership with the ICCs/IPs, the NCIP shall establish effective mechanisms for
protecting the indigenous peoples’ community intellectual property rights along the
principle of first impression first claim, the Convention on Biodiversity, the Universal
Declaration of Indigenous Peoples’ Rights, and the Universal Declaration of Human
Rights.

Section 10. Protection of Religious, Cultural Sites and Ceremonies. The indigenous artistic
and historic wealth, ceremonial objects, cultural properties and artifacts constitutes the
cultural treasures of the ICCs/IPs and shall be under their protection and disposition:
Provided; that cultural treasures and properties shall not be brought outside of the
indigenous peoples’ ancestral domains. Towards this end, the initiatives of indigenous
peoples to establish museums or centers shall be supported financially and technically by the
government.

Section 11. Right to Indigenous Spiritual Beliefs and Traditions. The ICCs/IPs have the
right to:

a) Manifest, practice, develop and teach their spiritual beliefs, traditions, customs and
ceremonies;
b) Maintain, protect and have access to their spiritual and cultural sites;
c) Use and control ceremonial objects; and
d) Repatriation of human remains and artifacts collected without their free and prior
informed consent.

To ensure that indigenous sacred places, including burial sites are preserved,
respected and protected, the ICCs/IPs shall regulate access to these sacred sites.

Section 12. Protection of Indigenous Sacred Places. Penal sanctions in accordance with
Section 72 of the Act and customary laws shall be applicable in case of:

a) Exploration and/or excavation of archeological sites in ancestral

domains/lands for the purpose of obtaining materials of cultural value without the
free and prior informed consent of the community concerned; and

b) Defacing, removing or otherwise destroying artifacts which are of great

importance and significance to the ICCs/IPs for the preservation of their cultural
heritage.

Section 13. Right to Indigenous Knowledge Systems and Practices and to Develop Own
Sciences and Technologies. Indigenous knowledge systems and practices (IKSP) are
systems, institutions, mechanisms, technologies comprising a unique body of knowledge
evolved through time embodying patterns of relationships between and among peoples and
between peoples, their lands and resource environment, including such spheres of
relationships which may include social, political, cultural, economic, religious, and which are
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the direct outcome of the indigenous peoples responses to certain needs consisting of
adaptive mechanisms which have allowed indigenous peoples to survive and thrive within
their given socio-cultural and biophysical conditions. The infusion of science and technology
in the field of agriculture, forestry and medicine to ICCs/IPs is subject to their free and prior
informed consent and shall build upon existing indigenous peoples knowledge and systems
and self-reliant and traditional cooperative systems of the particular community.

Section 14. Protection and Promotion of Indigenous Knowledge Systems and

Practices (IKSPs). The following guidelines, inter alia, are hereby adopted to safeguard the
rights of IPs to their indigenous knowledge systems and practices:

a) The ICCs/IPs have the right to regulate the entry of researchers into their
ancestral domains/lands or territories. Researchers, research institutions, institutions
of learning, laboratories, their agents or representatives and other like entities shall
secure the free and prior informed consent of the ICCs/IPs, before access to
indigenous peoples and resources could be allowed;

b) A written agreement shall be entered into with the ICCs/IPs concerned

regarding the research, including its purpose, design and expected outputs;

c) All data provided by the indigenous peoples shall be acknowledged in

whatever writings, publications, or journals authored or produced as a result of such
research.
The indigenous peoples will be definitively named as sources in all such papers;

d) Copies of the outputs of all such researches shall be freely provided the
ICC/IP community; and

e) The ICC/IP community concerned shall be entitled to royalty from the

income derived from any of the researches conducted and resulting publications. To
ensure effective control of research and documentation of their IKSPs, the IPOs’
initiatives in this regard shall receive technical and financial assistance from sources
of their own choice.

Section 15. Protection of Manifestations of Indigenous Culture. Indigenous culture shall

not be commercialized or used for tourism and advertisement purposes without the free and
prior informed consent of the indigenous peoples concerned. Where consent is alleged, the
NCIP will ensure that there is free and prior informed consent. In instances where the
presentation of indigenous culture and artistic performances are held, the IPs shall have
control over the performance in terms of its content and manner of presentation according to
customary laws and traditions, and shall have the right to impose penalties for violation
thereof . Indigenous peoples shall also have the right to equitably share in the benefits of such
presentation or performance. All funds collected from these activities shall be managed
directly by the community concerned through the registered IPO, otherwise, the same shall
be held in trust by the NCIP for the benefit of the concerned IP community.

Section 16. Protection of Biological and Genetic Resources. The ICCs/IPs may, on their
own initiative, make an inventory of biological and genetic resources found inside their
domains/lands, for their exclusive use. They shall retain and reserve all rights pertaining to

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the storage, retrieval, and dissemination of the information, in whatever form and system,
gathered as a result of the inventory. A certificate of free and prior informed consent shall be
required in case the concerned ICCs/IPs may enter into a joint undertaking with natural or
juridical persons for the use of biological and genetic resources for industrial, commercial,
pharmaceutical and other profit-making purposes and ventures. Violation hereof shall be
strictly prohibited and subject to penalties under customary law and as provided for by the
Act. The NCIP shall assist the concerned ICCs/IPs in the enforcement hereof.

Section 17. Agro-technological Development. The ICCs/IPs, in coordination with the NCIP
may choose to establish cooperatives in accordance with the indigenous concept of
cooperative system. The NCIP shall adopt programs for research and development of the
ICCs/IPs’ agricultural systems and provide necessary funds therefor.

Section 18. Funds for Archeological and Historical Sites. The ICCs/IPs shall initiate
proposals for the management and preservation of their archeological and historical sites
with the adequate and effective technical and financial support of the appropriate
government agencies. All funds allocated for the management of these sites shall be
immediately transferred to the IPs concerned through the NCIP. For this purpose, the NCIP
shall take the necessary steps to ascertain that these funds are transferred to the communities
concerned.

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Appendix B

Brief Introduction of the Seven Indigenous Cultural Communities/Indigenous Peoples in the

Province of Bukidnon

Indigenous Leadership in Bukidnon

Bukidnon datuship, as a political element of Bukidnon culture, occupies an important role in the
development journey of Bukidnon natives. Long before historic times in the Philippine archipelago, the
governing power was executed by each group leader commonly called as Datu (chief). In those days
there were no political parties which sometimes cause much political wars and chaos like that of today.
Instead, the Datus were followed and respected for their prowess in battles and their bravery and skill in
defending territories. This prowess is their ‘crown’ to which the Datu is obliged to keep.
The colonial powers that landed in this archipelago supplanted the indigenous leadership by the
application of autocratic and feudal governance. The Datu’s political power and authority were disturbed
by the introduction of new ideas on how to lead people and how to acquire authority. The coming of
colonial political forces led to the surfacing of another political power which somehow overshadowed the
traditional power of the Datus.
Development projects flooded due to the introduction of the ideas of development which invade
the ancestral domains of the indigenous people including that of the Bukidnon natives. Those projects
disturbed the ecological aspect of territories occupied by the indigenous peoples. Thus, due to the
decrease of territories where a certain datu exercises his authority, datuship is politically denuded. By
principle, the scope of Datu’s influence is determined by the bulk of his territory. Moreover, with the
emergence of tourism trends, the indigenous people got the spotlight swiftly. Many social ‘vultures’
invaded the sanctity of the ‘way of life’ of the Bukidnon lumads through exploitation. Tourism’s direction
is gearing towards the promotion of culture, which on the other side, then drain the sanctity of the
culture including that of Bukidnon datuship. When Kaamulan Festival of Bukidnon became known, since
1977, datus in the province sprouted like mushrooms. Datu’s dignity was marred by the emergence of
fake datus who use promotion of culture as camouflage.
Cole (1956) described the Bukidnon datuship in the central, southern and western portions of Bukidnon
at the turn of the century. During the early American period, government officials had taken over most of
the datus’ functions. The government officials who gained political authority through legal laws have
made the datus inferior in terms of political authority over the people in the community. The mayor who
gained authority through an election or appointment was more powerful than a Datu who was seasoned
by a series of rituals and by a number of explorations to acquire the amulets of achievements for years.
Those amulets included how many conflicts and needs in the community he has solved and supplied.
In his study on Bukidnon datuship in the Upper Pulangi River Valley, Biernatzki (1969)
categorized datus’ functions extracted from the Constitution of the Bukidnon Datu Association. The datu
serves as center of unity, continuity and legitimacy of the community. When the community is threatened
by internal conflicts, the datu is obliged to maintain peace or to restore social equilibrium if needed.
Biernatzki also emphasized that the datu’s followers can claim their needs from him for it is believed that
a datu is the repository and dispenser of the needs of the people such as food or farm animal or money or
a piece of advice and wisdom.
As having a political power defined by Bukidnon indigenous political system, a datu has the power to
dominate. Weber (1921) defines domination as the probability that certain specific commands will be
obeyed by a group of persons. The legitimate form of domination is authority and there are bases to this
authority. Weber notes that one basis of authority is Legal which rests on a belief in the legality of
enacted rules and that those in the authority can issue commands. Such authority is protected and

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strengthened by the enacted laws. Another basis of authority, which differs from the Legal, is Traditional.
This is based on an established belief in the sanctity of immemorial traditions and the legitimacy of those
exercising authority under them. Bukidnon datuship is basically defining its authority through its
traditions contained in Bukidnon culture. The aforementioned lines will challenge the status of Bukidnon
Datuship as it will challenge the remaining authentic datus in the province, if there are.
I find nothing wrong in the unstoppable evolution of datuship from being traditional to legal in
terms of authority’s scope and weight. In fact, I find something essential to this evolution because I
believe that indigenous leadership is a key to good governance. In universities, like Bukidnon State
University, public administration curriculum explores the basic principles on how to come up with an
excellent public administering. That refers to good governance. Good governance could be a product of a
serious review on the essence of indigenous leadership.
Traditionally, a datu has a defined territory and his neighbors recognize such dominion over a
specific perimeter. His influence saturates to the people even beyond his territorial boundaries. His
influence makes the community move and has its being. His influence is not a product of bribery. He
gains it due to the respect and loyalty given to him by the people. Is this not the needs of our political
candidates today?
A datu is not a product of an election, rather, a product of recognition. The first could be done
through bribery (observe how candidates spend money for election paraphernalia) and the latter could be
done through honest trust and respect from the people (where money is not involved).
People can discern the skills and virtue of a datu and no wonder they know too well who would be
the(ir) next datu. Unlike politicians who need to beautify themselves on television and get surrounded by
endorsers and tarpaulins, the datu would just absorb good character, during a certain ritual (Ineleben),
and release it back to the people by an excellent performance of governing. . It is the people who say to
the datu, “be our leader”. In contrast, politicians say to the people, “Make me your leader”. The first is
giving authority and the latter is asking authority. Giving expresses generosity. Asking expresses
selfishness. The datu’s major skill is his capacity to solve conflicts among the people because he should
be the balaghusay (good arbiter) to maintain peacefulness and orderliness in the community. A datu
believes that a peaceful community produces productive people. Today, the politicians are the ones who
occupy the arena of conflict and the people becomes the arbiter. This is a distortion to our political
system.
A datu is expected to be an all-around provider to the needs of the people, thus he must be a ‘person
who has plenty’. His wealth is not derived from how much money he has but on how influential he is. He
can provide the need of one person by influencing another person to help the person in need. That’s the
wisdom of influence! Corruption can never penetrate in this schema of supplying the needs of the people.
A datu needs not to gather millions of money and appease the hungry electorates with what they want-
solicitations for Liga sa barangay, basketball court, church repair, raffle tickets, games prizes, trophies
and the like.
The tangkulo (head gear) of a datu bears his bravery and fairness. He joins in the battle fields and
in the hunting trips in full gears. He is not like the politicians who confine themselves in air-conditioned
cars and rooms until they forget how it is in the battlefield of poverty and injustice. A datu’s system of
justice is defined by how much he understands the moral rights of his members. Such justice, if not
properly handled, will bring misfortune to the community including the datu’s life. He carries such
delicate justice knowing that he is not immune with the result of improper handling of justice. He stands
on the same ground where people are. Many politicians today enjoy the immunity provided by the Law;
seemingly belong to the safer side of the fence that makes them frigid and negligent to peoples’ suffering.
My long list could continue. I’ve been on this exploration on datuship for more than two years and it is
still expanding as I visit tribal communities (my recent visits are in Matigsalog in Kitaotao and

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Pangantucan’s Manobo tribe together with the sociology-major students and sociology teachers) in this
province.
What is the future of Bukidnon datuship? With the changing historical current, it could tread on
the path of legal authority. But this could be done without discounting the essence of traditional
authority. One can coalesce the two forms of authorities creatively. This is my challenge to the public
administrators and political scientists. Indigenous leadership may not possess the high-sounding political
machines but it has the capacity to improve the present plight of governance. We may fill the television
screens with political ads in all forms and shapes and colors, like a circus, but the truth remains that good
governance lies in the values of the leaders defined by culture on which he is molded.
We are now in the threshold of electing officials as we are knitting together our future for the next
three or six years. It is a great challenge to flip the pages of indigenous leadership and recall how Datu
Mansikiabo of Bukidnon tribe, Datu Gawilan of Matigsalog tribe, Datu Kinulintang of Talaandig tribe,
Datu Manlumakbaw of Tagoloanon-Bukidnon tribe, Datu Anloon of Tigwahanon tribe and Datu
Bagangbangan of Bukidnon tribe establish the integrity of a Bukidnon Datu.

Bukidnon Community

The Bukidnons is an ethnic tribe in North central Mindanao whose ancestors were the aborigines of the
coastal places of what is now the province of Misamis Oriental (Clotet, 1889).Their major means of
subsistence are food gathering and swidden [Link] women are skilled in making appliqué and
embroidering garments. The Bukidnons speak the Binukid dialect. They have light brown complexion,
straight black hair; have an average height of about five feet. Their nose bridge is not flat (NCIP,
2003).The IPs who simply identify themselves as Bukidnon are mostly found in the northern part of the
province. They specifically inhabited the lower slopes of the mountains of Sumilao, around Malaybalay
and those lowland areas of Central Bukidnon.
Courtships and marriages among the Bukidnons are brought about by parental arrangements made
since the children were eleven years old. Men practice polygamy but the women are expected to be
monogamous. Marriage is done by exchanging betel with molded [Link] art is best expressed in
their dances, poetry and music, mat weaving, and basketry. The Bukidnon musical instruments consist of
bamboo flutes, bamboo Jew's harp, one-stringed violin, and the boatshaped [Link] Bukidnon
handicrafts consist of mats, hats, fishtraps, and cloth weaving. The traditional method of farming is still
being practiced by the farmers in planting palay, corn, sugarcane, pineapple, coffee, cassava, abaca, and
vegetables.

Higaunon Community

The term Higaunon means "people of the wilderness". The term is derived from the native word "gaun"
which means literally put away either from fire, heat of the sun or from the water. Hence, the Higaunon
are basically the coastal dwellers who moved to the uplands (mountains). They are somewhat nomadic,
that is, they travel from one mountain village to another, looking for more fertile soil and better harvest.
The Higaunon people are of medium built with average height of about 5 feet and 2 inches, they are of
lighter skin complexion compared to the other tribes in the province. Quiet a number of them have a very
recognizable European features, aquiline nose, deep-set eyes and prominent cheeks, a legacy of the
intermarriage between the natives and the Spanish colonizers.

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The higaunon have unwritten laws called Buncatol Ha Bulawan and their oral tradition is Pasig Ha
Sumagubay (Opena, 1982). According to Tajonera (2003) the Higaunons are among the least known
ethnolinguistic groups that inhabit north-central Mindanao. The Higaunons have their own system of
writing. Their myths and legend speak of a great ancestor named "Suwat" who kept a list of the people
who were living and dead during the great flood that took place long ago.
The political system of the Higaunon revolves around a datu. There is usually a principal datu who rule
over an entire group composed of several units that are each headed by minor datus. These minor datus
form a counseling body for the whole community. The datu assumes multiple roles in the community.
He is supposed to be the wisest and bravest among his people.
With the practice of polygamy in Higaonon society, the kinship has a patrilateral bias. The husband
maintains systematic supervisions over his wives who, nowadays, average three to a household, live with
him under a single roof. Children are considered equal. No discrimination is made between those of the
first marriage or those from later marriages. Any child grows up as one born into a monogamous family.
Marriage is arranged mainly by the parents of the boy and girl. The arrangement is a long and tedious
process. Prior to the wedding, the boy must live in the girl's house for about a year to prove his worth).

Talaandig Community

The Talaandigs are one of the indigenous groups in the province of Bukidnon, who has continued to
preserve and promote its indigenous customs, beliefs and practices despite the strong influx
modernization and change. This groups is found in barangays and municipalities surrounding the
mountain of Kitanglad specifically in the towns of Lantapan and Talakag (Talamdan, 2001).
The belief on the existence of the highest God called Magbabaya and the spirits who guard and protect
nature is minfested in the social, economic and political aspects of the life of the Talandig. Thus, when the
Talaandig establishes a farm, he performs the Talabugta and Ibabasuk rituals, after harvest, he performs
the Pamamahandi for the thanksgiving, for the recognition of the superior leadership, he performs the
Panagulambung, when he goes hunting, the Punaliket and palayag, and for a higher form of socio-
economic and political activity, the Talaandig performs the Kaliga ceremony.
The belief of the Talaandig on the existence of gods and spirits is also reflected in the protection of the
house. These include Dadagunan hu Suguy who guards the laws of the house: Anilaw ha Sumagda who
guards the door, Sinyuda Kahibunan who keeps the hall, Diwata ha Mailib who records the activity of
peole inside the house and Diwata Pinatanlay who guards the house at the ridge of the roof.
According to Tajonera (2003) marriage is the most significant basis of Talaandig kinship. Before
arranging marriage, the consanguinity and affinity relationships of contracting parties are determined as
basis for settling the appropriate customary laws and procedures. During marriage, counseling is
established as guideline to preserve relationship. This is carried out in the observance of the Bayluwa
custom where each of the couple is instructed to tell problems related to their relationships as husband
and wife only to their parent-in-laws. This custom provides smooth relationship with-in-laws who have
the parental authority to discipline their own children.
In Talaandig kinship terms, a father is called Amay; a mother, Inay; a brother, suled; a sister, atubay.
Uncle is called Aba or Abang. An aunt is called Ida or Idang. Apu is a general term grandparent. Parent-
in-laws are called Ugang. A son-in-law is called Maamong while a daughter in law is called Lagambay.
The Talaandig learning system is embodied in various forms of oral tradition. This tradition includes the
narratives called Nanangen, epic called Ulaging, poetic songs called sala and songs called Idangdang.
Limbay are particular songs about animals.

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The long historical narrative Talaandig is called Gugud. It is considered sacred because it relates to the
existence of the gods and spirits at the time of creation. A Talandig story to recall is called Batbat while a
reference story is called Sampitan while a brain twister or riddle of the Talandig is called Antuka.
The Talaandig has two methods of healing illness. One is through a religious ceremony. Another is
through the application of traditional herbal medicine.
The Talaandig are known to be dwellers of the steep places. They are the people of the slopes (andig).
These IPs who ascribed themselves as Talaandig are mostly found in Lantapan and Talakag.
Both the Talaandig and Higaonon indigenous communities claimed Mt. Kitanglad as their sacred
"temple" and ancestral home. They believed that the forest was the source of life because it served all of
their needs: wild animals for food; medicinal plants to cure illnesses; timber for house construction; and
rattan to make baskets and other crafts. They chose an area within the forest as hunting reserve. The wild
animals were allowed to propagate and multiply. Hunters were selective and conservative in numbers of
animals that they killed.

Manobo Community

According to Opena (1985), Manobo is a generic term which refers to people who are still in the
subsistence level economy and are generally in the mountains and who practice the slash and burn
agriculture. Further she qualified that the term Manobo is very derogatory for it connotes to be
backward, uncivilized, ignorant, boisterous, unwashed, unkept, rough and lawless. Hence, she opined
that the use of the term must be used with discreetness, tact and prudence. The term can also mean a
slave (magdul) or a person destined to do all the menial jobs in the house and farm.
According to Elkins (1977) the Manobo belongs to the original stock of protoPhilippines or proto-
Austronesian people who came from South China thousands of years ago. He later coined the term
Manobo to designate the stock of aboriginal non-negeritoid people of Mindanao. They mostly inhabit the
hinterlands of Bukidnon specifically on the boundaries of Agusan, Bukidnon, Cotabato, Davao and
Misamis Oriental (NCIP,2003).

The Western Manobos are in the Southwestern part of Bukidnon in Mulita, Kalilangan and Pangantucan.
These people speak a quaint language with Marawi influence which cannot be understood by other
ethnic groups in Bukidnon.
Marriage is traditionally by parental arrangement, which begins when each of the two families chooses a
spokesperson, preferably a datu or bai, who is known for eloquence and knowledge of custom law.
Marriage is an alliance system in which reciprocity and mutual obligation between the groom's and
bride's kinship groups are expected. It is, therefore, a means of maintaining peace and order, for the
Manobo's practice of retaliation does not extend to one's kindred or allies.
Poligamy, although rarely practiced, was allowed. A datu might resort to it, usually for economic and
political reasons. Several wives allowed for more foelds that could be cultivated, since the Manobo
women did all the work in the fields. Poligamy also multiplied one's alliances and expanded them to
several communities. However, they could take another wife only if the first wife and her parents
consented. The first wife remained the head wife. Traditional fabric for clothes was abaca or hemp,
weaved by the ikat process, but is now cotton cloth obtained through trade. Dyes were acquired from
plants and trees. Ginuwatan are inwoven representational designs such as flowers. If cotton trade cloth is
bought, big floral designs are preferred. Typical colors are red, black, yellow, green, blue and white.
Manobo ancestors had blankets of abaca fiber which were linetungan if these had multicolored design,
and bayas if plain white.

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Matigsalug Community

According to Opena (1982) the Matigsalug are mostly small in stature with dark brown complexion and
curly hair. Traditional wear is a long sleeved jacket with knee length pants and head gears embellished
with horse's hair and beads for men. Women wear midlength blouses with a skirt and strands of beads
attached to wooden disks on their ears. Their clothes are colorfully embroidered with geometric patterns.
The life of an animistic revolves around a spirit world. They maintain that spirits live in water, land,
trees, and rocks. Tragedies like illnesses, drought and death are caused by angry spirits. Events like
planting crops and revenge-taking (called "pangayaw") are preceded by rituals. Life is preoccupied with
appeasing the spirits by offering sacrifices. Eggs, rice, corn, coins bracelets, anklets and betel nuts are
placed on an altar, and the Datu, while calling on the spirits, slits the throat of a chicken and offers the
blood. It is very difficult to convince people who been practicing such things for many generations that it
is wrong.
The name "Matigsalug" is a construction of Matig and Salug. Matig means from (a place of origin or
residence) in various Filipino languages, followed by the specific place of origin or residence. Hence,
Matigsalug means from Salug (River). The Matigsalug epic Ulod, provided a definite identity of these IPs
which was documented by Manuel(1956).

Tigwahanon Community

The Tigwahanon Manobo are found along the watershed of Tigwa River in the place where the
municipality of San Fernando is located namely in the following places, Tugop, Little Bagiou, Kumawas,
Halapitan, Iglusad, Bunacao, Katipunan, Kiboncog, Namnam, Matimbus, Sabangan, Lumbayao, and Don
Cesar plain; Kalagutay, Palacpacan, Dao, Tagalas-as and Abehid.
The catch and games in these communal food getting are equally shared that even the unborn child in
his mother's womb gets a share as long as the mother has done her share of participation in the
communal fishing and hunting. The giving of equal share to unborn child reflects the esteem and value
that these people gave to the human person by making the unborn child have equal rights with the adult
human being. This is how much the Tigwahanon values human life.
These people have tree houses called batangan built among the branches of a growing tree with the tree
trunk as its solitary post. Their fishing implements are bu-o (bamboo fish traps) in varied forms they have
learned to fish using hook and line called banowit. The staples are rice during harvest time, occasional
corn grits are available and most of the year round they subsist on camote (sweet potato) and other crops
like cassava. The Tigwahanon are scattered all over the Municipality of San Fernando in Bukidnon close
to the border of Davao del Norte. The term Tigwahanon may have been derived from the Tigwa River
where the Tigwahanon inhabits its banks and watersheds (NCIP, 2003).

Umayamnon Community

These Indigenous peoples dwell along the watershed of Umayam River in the Mountains of Pantaron in
the Eastern side of the province of Bukidnon. They are fair in complexion five feet or above in height.
Their eyes are set closed enough to each other with an average height of nose bridge. They are proud and
reserved people.
The Umayamnon is synonymous to fierceness for their group is regarded as warlike and forest experts.
But according to Opena (1982), these people are just suspicious and wary of strangers for whenever there
are crimes committed in places that are easily reached by law enforcing agencies, the criminals often flee

32
28 |

to the Umayam region hence criminals are often hunted in Umayam and almost always these hunts are
futile.
They chew betel nut very frequently and their teeth are filed to uniform length which are mostly
blackened. Purposes for making the teeth black are two namely: for medicinal purposes and for
decoration. The black dye that they used to blacken the teeth means one distinction of being a human
(who knows how to dye his teeth black) for according to them only monkeys have white teeth.
Umayamnon are excellent makers of bead jewelry like the necklaces called ginakit and inboy, beautiful
beaded men's bag called suning and unisex beaded bracelets called binuklad.
The Umayamnon traces their kinds bilaterally, that is the blood relations of both father and mother are
esteemed as close relatives. Reciprocal roles are expected from them like helping raise a ransom or a
bride price, sharing games or catch for the day or participating in a communal field clearing the
kagsakum.

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