Republic of the Philippines

OFFICE OF THE PRESIDENT

NATIONAL COMMISSION ON INDIGENOUS PEOPLES
3rd Floor Philippine Baptist Centennial Building
Fajardo Street, Jaro, Iloilo City
Telephone No. (033) 3210147
E-mail Address: [email protected] / [email protected]

Indigenous Peoples Mandatory Representation (IPMR) in Local

Legislative Council in the Municipality of Basay, Negros Oriental:
Issues and Concern

I. IPMR: LEGAL BASIS

a. 1987 Philippine Constitution

Section 10, Article II. The State shall promote social justice in all
phases of national development.

Section 17, Article II. The State shall give priority to education, science
and technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human
liberation and development.

Section 22, Article II. - "The State recognizes and promotes the rights
of indigenous cultural communities within the framework of national
unity and development."

b. Indigenous Peoples’ Rights Act of 1997 (RA 8371)

Section 16. Right to Participate in Decision -Making. -

ICCs/IPs have the right to participate fully, if they so choose, at all
levels of decision-making in matters which may affect their rights, lives
and destinies through procedures determined by them as well as to
maintain and develop their own indigenous political structures.
Consequently, the State shall ensure that the ICCs/IPs shall be given
mandatory representation in policy-making bodies and other local
legislative councils.

c. NCIP Administrative Order No. 03, Series 2018 “Revised

National Guidelines for the Mandatory Representation of

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Indigenous People in Local Legislative Councils and Policy-
Making Bodies”

Section 6. Coverage. This Guidelines shall cover the mandatory

representation of ICCs/IP in the local legislative councils of policy
making bodies within the political jurisdiction or boundaries of Local
Government Units (LGUs).

The representation of IC/IPs shall be in accordance with the following:

Where there exists an AD in a given LGU, IP representation is

mandatory. IPMR shall be selected, preferentially from qualified
owners/rights holders of the AD. ICs/IPs within the jurisdiction of the
LGU who are not co-owners of an AD may participate in the selection
or may be selected IPMR provided it is specifically allowed by the duly
adopted Local Guidelines formulated by the owners of the AD.

Where there are no ancestral domains, the rule on threshold applies.

This is determined by the total population of an LGU divided by the
number of Sangguniang members as prescribed in the Local
Government Code, with the result/quotient to serve as a minimum
number to be met by an IP/ICC population in such LGU to qualify an
IP mandatory representative for a seat in the Sanggunian.

Where the situations in paragraph a and b are not obtaining, the

concerned LGU may still allow representation in accordance with this
Guidelines upon the initiatives of ICCs/IPs therein.

NCIP Administrative Order No. 01 S. of 2009 “National

Guidelines for the Mandatory Representation of Indigenous
People in Local Legislative Councils and Policy-Making
Bodies”

Section 5. Coverage. All ICCs/IPs residing within the ancestral

domains and/or resettled communities within the political jurisdiction
or boundaries of concerned LGUSs may be represented in the local
legislative councils of the LGUs exercising jurisdiction over the area.
However, in cases where an ancestral domain or resettled community
is overlapped by two (2) or more political boundaries of LGU, only the
members of the ICCs/IPs whose residence are covered by the
concerned LGU may take part in the selection of IPs mandatory
representative for the said LGU.

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 d. DILG Circulars and Memorandum

DILG 13 Legal Opinion No. 2016-018, June 29, 2016 (See

attached document as Annex “A”)

Memorandum Circular No. 2010-110, October 20, 2010 (See

attached document as Annex “B”)

1. Municipality of Basay, Negros Oriental Legal Basis for its IPMR is based
on Ancestral Domain Rule:

NCIP Administrative Order No. 03, Series 2018 “Revised

National Guidelines for the Mandatory Representation of
Indigenous People in Local Legislative Councils and Policy-
Making Bodies”

Section 6. Coverage. This Guidelines shall cover the mandatory

representation of ICCs/IP in the local legislative councils of policy
making bodies within the political jurisdiction or boundaries of Local
Government Units (LGUs).

The representation of IC/IPs shall be in accordance with the following:

Where there exists an AD in a given LGU, IP representation

is mandatory. IPMR shall be selected, preferentially from
qualified owners/rights holders of the AD. ICs/IPs within
the jurisdiction of the LGU who are not co-owners of an AD
may participate in the selection or may be selected IPMR
provided it is specifically allowed by the duly adopted Local
Guidelines formulated by the owners of the AD.

2. Survey Plan of Ancestral Domain in Basay

Ancestral Domain area : Fourteen hectares (14 has) more or less,
Certificate of Ancestral Domain Claim
with number R7-CADC-050 (Bukidnon-
Magahat in Cabatuanan) issued by the
Department of Environment and
Natural Resources (DENR) on June 14,
1996 (See attached document as Annex
“C”)

ICCs : Three (3) Bukidnon-Magahat ICCs

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 headed by its Araha Tawo

(Community Leaders)

Population : 2,128 IPs

Cabatuanan: 729
(Mr. Rogelio V. Trono Sr.)
Maglinao-Bongalonan: 635
(Mr. Elias Valor)
Maglinao– Linantayan: 764
(Mr. Joel Catid)

I. Selection Process of IPMR for the Sanggunaing Bayan of Basay,

Negros Oriental

On________ 2019, NCIP-Negros Oriental Provincial Office (NCIP-NORPO)

received a letter intent/resolution from the Bukidnon-Magahat Indigenous
Cultural Community (ICC) of Basay of the abovementioned barangays. NCIP
NORPO facilitated the selection process and the ICC were able to reach a
consensus and selected IPMR Rene Trono as their IPMR in the local
legislative council of the Basay. The following are the activities conducted:

Period Remarks
4 November 2019 NCIP receipt of draft of the Local
Guidelines and policy Making of the
Bukidnon-Magahat ICCs of the
Municipality of Basay for Mandatory
Representation in the Local Executive
21, 23 & 24 October 2019 Posting and publications areas
affected and letters to all local
executive officials (Municipality and
Barangays) of the Information
Education Campaign (IEC) on 5
November 2019
5 November 2019 IEC on NCIP AO No. 3, s 2018
Facilitators: Atty. Mary Genevive
Tingson (LO IV) , Mrs. Virginia
Espante (Officer IV/OIC), Engr.
Basilio Dinamling ( Engr. II) and Mrs.
Irish Mae Tajanlangit (TAA II)

Attendees : 169 participants

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 Validation of the Indigenous Political
Structure (PS) of the three Bukidnon-
Magahat ICCs
7 November 2019 Validation of Local Guidelines and
policy Making of the Bukidnon-
Magahat in Cabatuanan

Facilitators: Mrs. Espante, Engr.

Dinamling and Mrs. Tajanlangit

Attendees : 170 participants

Nomination of Candidates/Nominees
for IPMR
Endorsement of Mr. Rene F. Trono by
the Council of Elders/Leaders (CE/L)
Resolution No. 04, series of 2019 of
the Bukidnon Magahat in
Cabatuanan: Adopting and accepting
the Local Guidelines on the selection
process of the IPMR in the Local
Legislative Council and Policy Making
Bodies
Bukidnon Magahat in Cabatuanan
selection of IMPR 5 Selectors
19 February 2020 Validation of Local Guidelines and
policy Making of the Bukidnon-
Magahat in Maglinao – Linantayan
and Maglinao - Bongalonan

Facilitators: Engr. Dinamling and

Mrs. Tajanlangit

Approval of the Endorsement of Mr.

Rene F. Trono as the only nominee for
IPMR in the Municipality of Basay
Resolution No. 04, series of 2020 of
the Bukidnon-Magahat in Maglinao –
Linantayan: Adopting and accepting
the Local Guidelines on the selection
process of the IPMR in the Local
Legislative Council and Policy Making
Bodies
20 February 2020 Resolution No. 04, series of 2020 of
the Bukidnon-Magahat in Maglinao –
Bongalonan: Adopting and accepting
the Local Guidelines on the selection
process of the IPMR in the Local
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 Legislative Council and Policy Making
Bodies
Bukidnon-Magahat in Maglinao –
Linantayan and Maglinao –
Bongalonan selection of IMPR 10
Selectors
21 February 2021 Fifteen(15) IPMR selectors voted for
Mr. Rene F. Trono as IPMR in the
Municipality of Basay
24 February 2020 Submitted Joint Resolution No. 1,
series of 2020 of the three (3) ICCs
requesting the issuance of Certificate
of Affirmation (COA) to the newly
selected IPMR
21 May 2020 Community validation and
confirmation of the newly selected
IPMR at Maglinao Compound, Basay,
Negros Oriental
24 August 2020, Basay, Negros Certificate of Assumption to Duty
Oriental
13 August 2020, Basay, Negros Pagpanumpa sa Katungdanan
Oriental
15 July 2022, Iloilo City Issuance of Certificate of Affirmation
Elected by the Tagapili

II. The Issue of IPMR Rogelio Trono and the LGU of Basay, Negros Oriental

On August 2022, after ___ years of being an IPMR, the LGU of Basay
informed Rene Trono that they are no longer allowed to pay his salary and other
emoluments because of Resolution No. 427. Declaring portion of the budget
inoperative in part, particularly the appropriation intended for Sectoral
representation under OFVM; hence, IPMR Trono requested NCIP NORPO for
assistance. The following are antecedents:

Period Remarks

14 December 2020, Basay, Negros Approval of SP Basay of Ordinance

Oriental No. 20-12-18, Series of 2020, An
Ordinance Authorizing the
Annual Budget of the
Municipality of Basay ofr Fiscal
Year 2021 in the Total Amount
of One Hundred Twenty Two

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 Million Five Hundred Sixty Nine
Thousand One Hundred Pesos
(Php 122,569,100.00) Only
Covering the Various
Expenditures for Operation of
Municipal Government for
Fiscal Year 2021 and
Appropriating the necessary
funds for the purpose.
06 June 2022, SP Negros Oriental Resolution No. 427. Declaring
portion of the budget
inoperative in part, particularly
the appropriation intended for
Sectoral representation under
OFVM
11 July 2022, OVM, Basay, Negros Referral of the non-approval of
Oriental Sectoral Representative to the
Provincial Director, DILG, Dumaguete
City
20 July 2022, Provincial Director, Reply on the letter dated 11-July 2022,
DILG, Dumaguete City referring the matter to NCIP
Administrative Order No. 01 S. of
2009
1 August 2022, SP Negros Oriental SB Resolution No. 22-08-19, Series of
2022, approved a resolution for
reconsideration the review and
approval from the Sangguniang
Panlalawigan of Negros Oriental the
Approval from the Sangguniang
Panlalawigan of Negros Oriental the
appropriation for the One (1) sectoral
representative (IP) under the office of
the Vice-mayor
04 August 2022, SP, Negros Oriental SP receipt of the SB Resolution No.
22-08-19, Series of 2022
25 August 2022, Office of the 1st Endorsement to the Provincial
Secretary to the Sanggunian Legal Officer
08 September 2022, Office of the 2nd Endorsement to the SP Steering
Provincial Legal Officer Council to reconsider the
appropriation for the One (1) sectoral
representative (IP) under the office of
the Vice-mayor
20 October 2022 3rd Endorsement by the SP to the
Secretary of DILG
21 October 2022 Letter of IPMR Trono to DILG
Regional Director to requesting to
settle the issue
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 2 November 2022 Letter of IPMR Trono to Provincial
Governor requesting the latter to
intervene in the issue
2 November 2022 Letter of IPMR Trono to NCIP
Regional Director requesting the latter
to intervene in the issue
Office of the Mayor Letter (Mayor
Fatima C. Cañamaque) to the Office of
Vice Mayor Wagas’s personal
recommendation to deny IPMR Trono
his entitlement to his renumeration
as a regular members of the
Sanggunian

II. Discussion:

Indigenous Peoples Mandatory representation in the local legislative

councils is a right guaranteed by law. IPMR Rogelio Trono has been a a
recognized IPMR of the Bukidnon Magahat ICC for the Sangguinag Bayan of
Basay.
We humbly submit that the declaration of the Honorable Members of the
Sangguniang Panlalawigan particularly Resolution no. 427 is violative of the
rights of the Bukidnon-Magahat ICC of Basay.
Republic Act no 8371 and the abovementioned NCIP Administrative
order and DILG circular at sufficiently provide for the enabling law to install an
IPMR in all local legislative councils.

Insert IPMR guidelines

Hence, the assumption to office as IPMR in Basay is in accordance with

law.

Respectfully submitted.

VIRGINIA ESFANTE
DMO IV

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