Problems and Challenges after

Implementation of IPRA of 1997:

research prospects and topics
Presented by:
Prof. Mary Jane G. Mendoza
Presented during the 2nd Malatarlak Lecture Series on Cultural
Heritage Research and Education by the DEPED Tarlac in
partnership with the National Historical Commission of the
Philippines - Museum of Philippine Social History
January 12, 2021
Objective of this Presentation

1. As educators of our youth, develop awareness on the need to

rectify historical misrepresentation on Indigenous Peoples.
2. Develop research topics to verify the claims/problems they have
vocalized and the 100+ indigenous peoples groups in the
Philippines different and distinct from one another in their
Indigenous Knowledge Systems & Prac.
3. Resource persons can be possible research collaborators
4. Assistance/Guidance by NCIP for research projects
5. Find an explanation why the IPRA was not properly
implemented, can be a theory or verify from the ground.
6. Part of a dissertation proposal:
ADDRESSING THE PROBLEMS AND CHALLENGES IN THE
IMPLEMENTATION OF 1997 IPRA IN NORTHERN PHILIPPINES THROUGH
PROPOSED POLICY ENHANCEMENTS BASED ON A PHENOMENOLOGICAL
STUDY
OCTOBER 2020

Celebration of the Indigenous People’s Month

23rd Anniversary of IPRA of 1997
WEBINARS were conducted since October 15, 2020
Problems, Challenges were brought up by
Distinguished resource speakers from different sectors
This presentation shall focus on these problems which
are potential research topics for further exploration
and verification.
IPRA of 1997
Statutory Bases of IP Representation
 Section 17, Article XIV of the 1987 Phil. Consti. Also provides
that the state shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their
cultures, traditions, and institutions. It shall consider their
rights in the formulation of national plans and policies.
Indigenous Peoples Rights Act of 1997 or IPRA
FOUR BASIC RIGHTS
1. Right to ancestral domain
2. Right to self-governance and empowerment
3. Social Justice and Human Rights
4. Cultural Integrity
 How NCIP came into being?
Bureau of Non-Christian Tribes, 1917 Sec. 22 of the Jones Law - creation of the
bureau to do a research on the tribes living in the hinterlands why they are
staying away from those living in lowlands.
Commission on National Integration (CNI) 1964, (Macapagal) replaced this
Bureau.

CNI, 1972 was split into the Southern Philippine Development Authority (SPDA)
and the Presidential Assistance on National Minorities (PANAMIN) during
Marcos period.
Office of Muslim Affairs and Cultural Communities (OMACC) 1984.

OMACC in 1987 (Aquino) was split into Office for the Muslim Affairs (OMA),
the Office for Northern Cultural Communities (ONCC), and the Office for
Southern Cultural Communities (OSCC).

NCIP of 1997, Republic Act 8371 or Indigenous Peoples' Rights Act of 1997 which
merged the latter two offices, the Office for Northern Cultural Communities
and Office for Southern Cultural Communities into current commission.
 Indigenous Peoples of the Philippines
What made an IP? Legacy of Spain (Mr. Michael Umaming)
“Where they established military control, they built horse trails and made it
possible for Igorot travellers, lowland soldiers and Spanish missionaries to
move freely; they introduced coffee, cacao, citrus fruits which made Igorot
dining less monotonous, they increased power of a handful of Igorot
leaders, taught few hundreds how to read and write, cause hundreds to
migrate to the lowlands, and left 8000 baptized Christians. But they also
seized Igorot pigs, chickens and rice or purchased them at unfair prices; they
helped reduced the poor to debt peonage by demanding the same tribute
from everybody while exempting the rich and powerful from forced labor;
they punished one village by leading their enemies against them; and they
burned houses, cut crops and introduced smallpox. But the grimmest result
was subtler, more tragic and longer lasting – the creation of a distinction
between lowland and highland Filipinos which contrasted submission,
conversion and civilization on the one hand with independence, paganism
and savagery on the other.”
Discovery of the Igorots, William Henry Scott 1935?
Colonization that started the historical injustice against the IPs.
 Who are the indigenous peoples (IP)? (IPRA)

“A group of people or homogenous societies identified by

self-ascription and ascription by others, who have
continuously lived as organized community on communally
bounded and defined territory; Who have , under claims of
ownership since time immemmorial occupied, possessed
and utilized such territories
Sharing common bonds of language, customs and
traditions and other distinctive cultural traits, or who have,
through resistance to political, social and cultural inroads
of colonization, non-indigenous religions and cultures,
became historically differentiated from the majority of the
people.
Geographical location

65% in Mindanao
33% in Luzon
6% in Visayas
Lumad peoples, Cordillera peoples, Caraballo tribes,
Mangyan, the Negrito/Aeta, the Palawan Hilltribes,
groups in the Visayas
Resource Persons: Mr. Joseph Cajita, Engr. Mary Grace Buasen
NO EXISTING IP DEMOGRAPHIC DATA
 1997-08 NCIP used unofficial population data – extrapolation of population
growth rate from ONCC/OSCC which projects a pop. from 12MM to 14 MM
 Use of data: academe, politicians, other agencies (UNIFAST on extending
scholarship grants) researchers, IP themselves, policy planning and program
for the IP communities
 Need for the variable to be included in the 2022 Census for Ethnicity – refine
concepts on what characteristics will comprise this.
 Profiling of IP community
 Ethnicity – “is a primary sense of belonging to an ethnic group based on
descent/blood relation/consanguinity”
 Ethnic – adopts Weber’s def. “human groups that entertain a subject in their
common”
 Ethnic group (Weber) – is consanguineous in nature, meaning the ties are
reckoned by descent/blood relation/consanguinity and traced through the
family tree. Ilocanos, tagalogs, etc. are ethnic groups.
 Ethnolinguistic – particular about language (problem for IPs who can speak
different languages)
Multi-dimensional Nature of Historical Injustices
(Dr. Carlos Buasen, Jr. Director OECH NCIP)
IP story – “IP’s aim to preserve their culture and traditions through
resistance to subjugation by waves of colonizers, as a result:
 economically marginalized (mad scramble for resources and
biased allocation; environmental abuse);
politically disenfranchised – no genuine participation and
representation;
 culturally displaced – alienating, detached and unresponsive
systems);
socially discriminated (destructive co-existence)” labelling
“Our education is so divisive that does not preclude the individual
differences, necessities of the IPs. (DEPED has instituted as a
result of a new curriculum designed for the IPs but the question
still remains if this is maintained.)
Discrimination, disintegrating sense of self and identity
 Mr. Michael Umaming, NCIP CAR
“Historical injustice – past moral wrong committed in the past that has a
lasting impact on the well-being of people living in the present.”
1. Land dispossession – Laws undermined the communal land concept.
Regalian Doctrine – declaration of the entire Phils. owned by Spain
America bought the Phils. So they passed the following laws:
Torrens System of land reg. 1902 – all lands must be registered
Phil. Commission Act No. 178 of 1903 - all unregistered land is part of public
domain.
Mining Law of 1905 – Acquisition of land by Americans for mining purposes.
Forestry Law (18% and above in slope shall not be considered alienable and
disposable) where most of CAR is included here.
1935 and 1987 Constitution: states all agricultural timber, minerals, all forces
of potential energy are owned by public domain... Which maintained the
regalia doctrine.
The state has always been the aggressor and the IPRA was enacted and was a
result of the struggles of the injustices committed against them.
Macli-ing Dulag, Respected leader of the
Butbut tribe in the village of Bugnay
Affirming the peoples’ right to stay in their
land:
“Such arrogance to say that you own the land,
when you are owned by it! How can you own
that which outlives you? Only the people own
the land because only the people live forever. To
claim a place is the birthright of everyone. Even
the lowly animals have their own place…how
much more when we talk of human beings?”
 Historical Injustice (Mr. Umaming)
2. Differentiation – disinformation and misconception
The worst example committed by Carlos P. Romulo in his book:
“The fact remains that the Igorot is not Filipino and we are not
related, and it hurts our feelings to see him pictured in
American newspapers under such captions as ‘typical Filipino
tribesmen’.” According to Mr. Umaming, deep in their hearts
many Igorots did not forgive him for that statement and burned
his books (Mother America, A living story of Democracy)
3. Underdevelopment – “Poor man sitting in the mountain of
gold.” Mining industry was owned by the Americans who
digged a lot of holes in their ancestral lands or domains.
Question: After the passing of the IPRA in 1997, was it able to
resolve the injustices that has been committed by the state?
Atty. Gillian Dunuan – IKSPs

 NCIP Adm. Order No 1, 2012 – FPIC shall be conducted for

researches
NCIP-NCCA-IPO PHIL Memorandum of Agreement 2011 -
failure
NCIP-PITAHC MOU 2015 – Documentation of Phil. Trad.
Knowledge and practices on health and devt. Of traditional
knowledge digital library on Health
Phil. Trad. Knowledge Digital Library on Health
TKDL this national electronic database
IPO PHL-NCIP Joint Adm. Order No. 01, 2016
Participation in the CBD and WIPO conferences
Inter-agency collaboration on IKSP-, ABS- related initiatives
Memorandum of understanding (NCCA, NCIP and IPOPHL)
Cultural Misappropriations because of the absence of a Registry on IKSPs

Cultural heritage – refers to the totality of cultural

property preserves and development through time and
passed on to posterity, national cultural heritage act.
Cultural property - products of human creativity by which
a people and a nation reveal their identity; and Natural
History specimens and sites. (See Sec 3, Nat. Cultural
Heritage Act)
Intangible Cultural Heritage refers to practices,
representations, expressions, knowledge and skills as well
as the instruments, object and artifacts associated
therewith that communities and individuals recognize as
their cultural heritage.
Atty. Dunuan suggests the following:

Establishment/institutionalization of Indigenous Knowledge

Systems and Practices registry
Documentation of IKSPs
Possible guidelines on how to further protect comunity
intellectual rights (to protect against misappropriation and
misuse)
Revisit joint Adm. Orders, agreements – to be responsive
Levelling-off with other agencies mandated to conduct researches,
issue permits, establish registries – overlapping of this role
Engagement with the private sector/industry, academe –
members of community for active participation
Active participation in local and international engagements,
including in legislative hearings of proposed bills on cultural
integrity or affeting ICC/IP rights
Cultural appropriation – hot issue sa Pilipinas (Ms. Arjho)

There is no existing policy or regulation specifically the

cultural appropriation of the indigenous peoples groups.
Dept of Tourism and dept of trade and industry. There is
bastardization of our culture. Sexually provoking images
using cultural artifacts.
There is no regulation and community ownership.
Sacred materials used for commercial purposes, whose
values are not given importance when these materials are
used. There should be full disclosure on where this is
going to be used.

Cultural preservation or commodification?

If IKSP is documented then they are protected.
“Artist of the communities are cultural identifiers.”
“Resource intensive for the protection of its cultural
identifiers. We need to be more proactive knowing of the
violations, the rules and the problem. Take a proactive role
in taking this manifestations. The engagement of
government institutions is a requirement. Duty and
responsibility of the NCIP and NCCA.”
Some Violations on their cultural identities:
Catriona Gray failed to acknowledge the Tboli weaver from
whom she rented the headdress during the Ms. Universe
pageant. Estrelita was demanding just an acknowledgement
for her craft but she failed to be recognized. Although there
was another person who rented this at a very low price and
when he returned it, it was already missing some parts.
Film Igorota was banned from showing scenes.
The use of “Bagani” in a teleserye was also against norms.
FPIC – FREE PRIOR AND INFORMED CONSENT
Mr. Rocky Ngalob, Focal person for FPIC and IKSP, NCIP CAR.

FPIC is a right due to the community.

Flow Chart - Application
 Research Proposal
 Identity of the Researcher
Rationale
Methodologies
Data Gathering instrument
Scope and limitation
Source of fund
Period of research and chronology of activities
Manifestation agreeing to shoulder the administrative cost
An undertaking in good faith executed by the applicant that
he/she will abide by the NCIP AO 1 Series of 2012
Filing fee of 500 pesos
II. Issuance of a work order - upon the recommendation of the FPIC
focal person, the regional director will immediately issue a work order
to compose the IKSP team to help facilitate the proposed research
III. Crafting of the work and financial plan
Following the receipt of the work order, the IKSP team shall
coordinate with the researcher for the purpose of crafting a financial
plan.
IV. Conference and Disclosure
The IKSP team shall inform and convene concerned IP/ICC for the
conference and disclosure.
V. Resolution and consent – the IKSP team will help in the crafting of
the Resolution/Consent and MOA signing
VI. Submission of the FPIC report – The FPIC team will submit the
FPIC report with their recommendation to be reviewed and evaluated
by the Regional Review Team.
VII. Issuance of Certification Precondition (CP)
VIII. Validation
 Sociological Theories
Sociologial theories are preferred to study cultural
communities that are still maintained, alive, evolving
through time.
Michel Foucault’s concept of Genealogy.
Antonio Gramsci’s concept of hegemony.
Pierre Bourdieu’s concept of Habitus.
Karl Marx concept of Dialectical and Historical
Materialism.
Niklas Luhmann’s concept of social systems.
Or a grounded theory can be explored such as the work of
F. Landa Jocano in his study of Bay, Laguna.
Natividad, Lisa Linda, Diaz, Tressa, Lizama, Tricia. 10/15-16/20. ISRD Webinar on
Understanding Culture Across Borders: Showcasing the Practices of the Chamoru and
Cordillera Indigenous Peoples, Univ. of Guam and Benguet State University
Buasen, Carlos. 10/17/20. Roles of IP Youth in Ancestral Domain and Indigenous Cultural
Community Development, Online IP Youth Leadership Training, NCIP CALABARZON
Dunuan, Gillian S., Samson, Robert Nereo, Malilong-Isbrto, Lucille Karen. 10/19/20.
ICCs/IPs Rights to Cultural Integrity, Community Intellectual Property Rights, NCIP
Strengthening the Capacity of IPs, IPMRs, IPO through Sustained Awareness on Relevant
Statutes Concerning IP Representation and Organization, NCIP Region III and Rest of
Luzon October 22, 2020
Buasen, Mary Grace. 10/23/20. Ethnicity: A Variable Relevant to Gathering Indigenous
Peoples Demographic Data October 23, 2020
Umaming, Michael. 10/23/20 IPRA and IKSP on Historical Injustices Webinar, NCIP CAR
Herman, Arthur; Agustin, Josefina Rodriguez. 10/22/20Region 4A – Strengthening the
Capacity of the Ips, IPMRs and IPO through Sustained Awareness and Relevant Statutes
Concerning IP Representation and Organization
Webinar on Strengthening Research with IP Communities: Documentation of Indigenous
Knowledge System and Practices (IKSP) on Health through Participatory Research,
DOST PCHRD, October 26, 2020
IPRA and IKSP webinar with DEPED teachers, NCIP CAR, October 27, 2020