I. The Daguiwaas Case: Petition for Cancellation of CLOAs
The Daguiwaas clan is composed of Talaandig and Manobo tribes who have been dispossessed of their ancestral lands. They are living along the vast expanse of plains and valleys in Maray-Maray, Sinangguyan, San Nicolas, and Bersiba, sprawling along Malita River in Don Carlos, Bukidnon. By virtue of their continuous and uninterrupted presence, possession and occupation since the pre-colonial times in Mindanao, they are considered as the first nations whose rights are protected under International Law and Philippine laws, particularly Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 (IPRA).
When the settlers came in, they started registering in their names the ancestral lands of the Daguiwaas clan and appropriated them as their own, to the detriment of the natives who did not understand the implications of such actions.
Datu Pi-ang Santos Daguiwaas, the tribal chieftain, resisted this unjust and massive encroachment on their ancestral territories. In 1979, he filed an Action for Recovery of Ancestral Lands before the Commission on Settlement of Land Problems (COSLAP). Recognizing the policy of the Government to protect and preserve the ancestral lands and settlement areas of the members of the cultural minorities, the COSLAP ruled in favor of the Daguiwaas clan which was eventually affirmed by the Supreme Court to be final and executory in 1989.
The Department of Agrarian Reform (DAR) entered into the picture when, despite knowledge of the COSLAP decision, it issued Certificate of Land Ownership Awards (CLOAs) over the subject ancestral lands to alleged farmer-beneficiaries under the guise of land reform. In the many previous attempts of the members of the Daguiwaas clan to occupy the land that has been rightfully awarded to them, they have been harassed, shot at and a number have already been killed.
MPC, in line with its mission to protect the rights of the indigenous peoples over their ancestral lands, extended legal assistance to the members of the Daguiwaas clan to help them claim what is due them. MPC, through its legal division, facilitated the filing of the Cancellation of the Certificate of Land Ownership Awards (CLOAs). Its ground is based on the grave abuse of discretion, malice and bad faith on the part of DAR. Despite a prior judgment by COSLAP, the DAR issued CLOAs over the same land in utter disregard of a valid decision by a co-equal branch of the Government.
On the community development aspect of our work, MPC sent one of our council members, Bapa Jose "Joe" Akmad, to live with the tribes within their ancestral lands. This is our attempt to work actively with them. For almost two years, Bapa Joe spent time to organize the community and strengthen the institutions of the Daguiwaas. He helped bring people together to directly involve with the fight against injustices. His immersion in the Daguiwaas community has helped lessen the number of violence and harassments perpetrated by the settlers against the clan.
While working hand in hand with the indigenous peoples and accompanying them in their daily struggles, MPC has learned to respect and appreciate their ideas, cultures and traditions. Indeed, cultures and traditions are immortal; they do not only trek along with the march of civilization but they are the intrinsic element of civilization. In the process, we learned to recognize their common and distinctive historical and cultural heritage which we should respect and, even, adore because of its eternal beauty.
Thus, MPC believes that they should be empowered so that they can develop and govern themselves in the economic, political, cultural, social and spiritual spheres of development, according to their customary social norms, and so that they may be able to forever free themselves from any assaults the displace them from their land of birth and deprives them of the efficacy of their cultures and traditions.
Now, MPC has directed its assistance to the indigenous peoples in Bukidnon, South Cotabato, and other parts of Mindanao . Every referred case required different approaches. To better understand the nature of each land conflict we resolve, MPC has consulted the leaders and members of the tribal communities through a series of dialogues, conferences, and caucuses. We gave them full opportunity to express their sentiments. We assisted them in the fight against exploitation and oppression, and help them ensure that the benefits that they receive in the processes of development embody their collective aspirations for justice, fairness and equity and are not repugnant to their identity and integrity as a people.
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II. Unlawful Intrusion into the Ancestral Domain of FEMMATRICS
The Federation of Matigsalug and Manobo Tribal Councils (FEMMATRICS) is a juridical entity that represents members of the indigenous peoples and cultural communities along the Bukidnon-Davao-Cotabato regions.
The ancestral domain of the Matigsalug and Manobo tribes is formally recognized and delineated as embodied by Certificate of Ancestral Domain Title No. R10-KIT-0703-0011 covering 102,324 hectares more or less.
One of the current concerns of Femmatrics is the gradual encroachment of settlers within their own ancestral domain without the free prior and informed consent of their federation. They introduced some development, improvement and cultivation within their ancestral domain without their knowledge, consent and coordination.
MPC pursued some legal actions to protect and preserve their rights as indigenous peoples under the law. We scheduled dialogues and caucuses among the leaders and members of the tribe to gain better understanding of their situation. We advised the Council of Elders to invoke their customary laws and summon the settlers whom they have identified to have violated their rights over their ancestral lands.
MPC advised them to assert their right to deny or allow entry of development projects into their ancestral domain. By virtue of such right, the indigenous peoples have the prerogative of determining their development priorities and assert their right to self-determination and recognition of their cultural integrity.
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III. MPUMATRIC Case: Violation of the IP's Right to Free Prior and Informed Consent
The experience of the Talaandig and Higaonon in Manolo Fortich, Bukidnon is another example of a case which violated the rights of the indigenous peoples to be informed in a timely manner about development projects affecting their ancestral lands, territories and resources.
The Mt. Palaopao Upper Mangima Tribal Communities (MPUMPATRIC) applied in 1995 a Certificate of Ancestral Domain Claim (CADC) and a Certificate of Ancestral Domain Title (CADT) over their ancestral lands in Barangay Darilig, Manolo Fortich Bukidnon by virtue of their native titles. The Department of Environment and Natural Resources (DENR) issued to the heirs of Manuel Fortich, Jr. in 2004 a Forest Land Grazing Management Agreement (FLGMA) over the ancestral domain of the tribal communities covering 649.7118 hectares of public forest which they will develop for grazing purposes.
Amay Iwag Elfranco Linsahay, the tribal chieftain, represented the tribal communities to file a petition for the revocation of the FLGMA against the responsible individuals who caused its issuance to the Fortich heirs without the free, prior and informed consent of the MPUMPATRIC as mandated by law. They should have been consulted prior to any authorization by the DENR and prior to the commencement of their operations affecting their ancestral domain.
Thus, the tribal communities sought the assistance of MPC to help them file the appropriate case against the most influential families in Bukidnon before the Regional Hearing Officer of the NCIP. They relied on the commitment which MPC has endowed in bringing the cause of the indigenous peoples to the arena of justice and equality. MPC consulted the tribe to have a better understanding of the case and to formulate an effective legal strategy for its eventual success. MPC's intervention is yielded towards guarding their lands from those inclined to take advantage of their power and influence and to prey upon their poverty and ignorance.
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IV. OTLAC: The Leadership Crisis in Timuay Justice and Governance
The Organization of Teduray and Lambangian Conference (OTLAC) , Inc. is a people's developmental organization that directly serves the Teduray and Lambangian tribes concerning the economic, political, and cultural aspects of their lives.
One of the current issues which tested the strength of the organization is the crisis of leadership in Timuay Justice and Governance. The conflict in leadership among the officers and members of the organization significantly affected their operation in Maguindanao and Shariff Kabunsuan. Some member organizations withdrew their membership from the Timuay Justice and Governance and created a new independent organization thereby affecting their existing structures and governance systems.
At the height of this conflict, OTLAC positioned itself as the negotiator and mediator. It sought the help of MPC to offer its financial and technical assistance and apply its experience in mediating conflicts. One of the solutions considered was the reorganization of the OTLAC officers. Hence, an election was held last December 22, 2008 in Upi, Shariff Kabunsuan.
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V. Unlawful Intrusion into the Talaandig Territories in Mt. Kitanglad
MPC is currently doing a research on the unlawful intrusion of Mt. Kitanglad Agri-Ventures, Inc. and Dole Skyland Banana Corporation into the Talaandig territory in Sungko, Bukidnon without the free prior and informed consent of the tribe. MPC is helping the Talaandig leadership review its strategies to pursue its demands against the two banana corporations.
MPC is also looking into effective legal strategies against another unlawful intrusion by the local government and the protected area management against the Talaandig tribe. They constructed in 2004 a road to the forest inside the protected area resulting to the destruction of several indigenous medicinal plants used by the Talaandigs. The road was directed to the source of the municipal water system funded by the World Bank. The water system that was eventually supplied to the banana corporation became a source of misunderstanding between the local government and the Talaandig leadership. The Talaandig leadership immediately prepared the documents in order to file a case against the local government officials including the protected area manager for ignoring the destruction brought by the construction of the road.
When the Local Chief Executive learned that the Talaandig leadership was preparing a legal complaint against him for alleged violation of the provisions of the National Integrated Protected Area System (NIPAS) Act and the Indigenous Peoples Rights Act (IPRA), he immediately sent an emissary to the tribe informing that he is willing to settle the violations through the customary process. Although the case was not yet completely resolved, the Local Government and the protected area management including the management of the two banana corporations who were implicated with the FPIC issue already paid eight carabaos to the Talaandig community.
At this juncture, the Talaandig leaders are constantly collaborating with MPC to define more legal strategies that could effectively address their situation.